14.04.170 New Source.
(A) “New source” means any building, structure, facility or installation from which there is or may be discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the federal Clean Water Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, and in accordance with 40 CFR 403.3(m)(1); provided, that:
(1) The building, structure, facility, or installation is constructed at a site at which no other source is located; or
(2) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
(3) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
(B) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (A)(2) or (3) of this section but otherwise alters, replaces, or adds to existing process or production equipment.
(C) Construction of a new source as defined under this section has commenced if the owner or operator has:
(1) Begun, or caused to begin, as part of a continuous on-site construction program:
(a) Any placement, assembly, or installation of facilities or equipment; or
(b) Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement assembly, or installation of new source facilities or equipment; or
(2) Entered a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subsection. (Ord. 22-42 § 13, 2022; Ord. 09-29 § 1, 2009; Ord. 92-22 § 2, 1992; Ord. 84-105 § 1, 1984.)