(a) An eligible applicant shall:
(1) Employ one hundred (100) or fewer individuals, including both full-time and part-time employees, through direct hiring or contract, including affiliates and subsidiaries, at the time an application for a loan is received by the Division of Environmental Quality;
(2) Provide proof of profitable operations and a demonstrated ability to repay the loan; and
(3) Submit an application supplied by the division including any supporting documents, instruments, or other documents requested by the division for the purposes of recommending approval or disapproval of a loan described in this section.
(b)
(1) Until all delinquent fees stated in this subsection or otherwise owed to the division are paid in full and no balance is due, the Director of the Division of Environmental Quality shall not approve any loan application.
(2) The delinquent fees include, but are not limited to:
(A) Permit fees;
(B) Permit modification fees;
(C) License fees;
(D) Certification fees;
(E) Registration fees;
(F) Variance application fees;
(G) Civil penalties;
(H) Emergency response reimbursements;
(I) Loan payments; and
(J) Review fees.