Section 336.1135 - Construction ActivitiesFor an application for a new license to dispose of by-product material that was filed with the Texas Department of State Health Services on or before January 1, 2007, an applicant may commence construction activities before issuance of a license, at the applicant's own risk, under the following conditions:
(1) the applicant has completed preoperational monitoring provided under § 336.1129(bb) of this title (relating to Technical Requirements);(2) the executive director has issued an environmental analysis and final draft license with recommendation to approve the application under § 281.21 of this title (relating to Draft Permit, Technical Summary, Fact Sheet, and Compliance History);(3) the applicant may not receive, store, possess, receive or dispose of by-product material without a license from the commission authorizing the activity;(4) the agency may inspect and observe the construction activities;(5) the applicant must cease construction activities when directed by the executive director to do so; and(6) the commencement of construction activities may not be considered as a factor in determining whether to issue a license.30 Tex. Admin. Code § 336.1135
The provisions of this §336.1135 adopted to be effective February 28, 2008, 33 TexReg 1570