For 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.

Source Note: The provisions of this §336.1135 adopted to be effective February 28, 2008, 33 TexReg 1570