SECTION 332.42. Certification by Engineer, Ownership or Control of Land, and Inspection

(a) Certification by licensed professional engineer. The operator shall obtain certification by a Texas-Licensed Professional Engineer that the facility has been constructed as designed and in general compliance with the regulations prior to accepting any feedstock at the facility that requires a permit. The operator shall maintain that certification on-site for inspection by the commission.

(b) Ownership or control of property. The facility shall be located on property owned by the operator or the operator shall establish, using an affidavit form provided by the commission, signed by the owner and notarized, that the owner is aware of and consents to the operation prior to any receipt of feedstock or processing activities. A copy of the affidavit shall be kept on-site at all times.

(c) Inspection of facility. Prior to the initial acceptance of any feedstocks, the facility shall be inspected by the agency to determine compliance with the permit.

Source Note: The provisions of this §332.42 adopted to be effective November 29, 1995, 20 TexReg 9717; amended to be effective February 3, 2022, 47 TexReg 303