Limited Exceptions to the Delinquent Fee/Penalty Protocol

The following exceptions will be made to the protocol for applications under these circumstances:

• If monies owed are being paid on a payment plan and installment payments are current.
• If the applicant is, or has been, a debtor in a bankruptcy proceeding, collection of the delinquency(ies) may be impacted by federal bankruptcy law (11 U.S.C. '362(a)(6)). If bankruptcy is noted, staff will contact the agency's Bankruptcy Program for a determination on the agency's ability to seek collection of the delinquency(ies) in question.
• If the total monies owed are less than $200. (Once the TCEQ develops an automated system that will quickly and efficiently review for delinquent fees/penalties, then only applicants who owe less than $25 may have their application processed.)

TCEQ division directors or above have the discretion to apply the following additional exceptions:

• An applicant may be granted more than 30 days to pay monies owed if the applicant can show good cause. Good cause may include a governmental entity that must hold a council meeting to vote/authorize additional expenditures.
• An applicant may be exempt from this protocol if the approval of the pending application is crucial to address an immediate economic or environmental concern or health hazard or if required by Commission order. An example includes a small local government that is financially unable to produce fees before the permit is reviewed, but must provide drinking water or waste water services to the community.