APPLICATION FOR DEVELOPMENT PERMIT

(a) The owner or lessee of land located over any part of a closed municipal solid waste landfill facility may apply for a permit to develop the land. The owner or lessee shall submit to the executive director an application for a permit on forms prescribed by the commission not later than 45 days before the development begins. The application must include a registered professional engineer's verified certification that the proposed development is necessary to reduce a potential threat to public health or the environment or that the proposed development will not increase or create a potential threat to public health or the environment. The certification must indicate the registered professional engineer's determination of whether the proposed development will damage the integrity or function of any component of the landfill's: (1) final cover; (2) containment systems; (3) monitoring systems; or (4) liners. (b) The engineer's certification required under Subsection (a) must include documentation of all studies or data on which the engineer relied.