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9 <br /> <br />(b) The building, structure, facility, or installation totally replaces the <br />process or production equipment that causes the discharge of <br />pollutants at an existing source; or <br />(c) The production or wastewater generating processes of the <br />building, structure, facility, or installation are substantially <br />independent of an existing source at the same site. In determining <br />whether these are substantially independent factors such as the <br />extent to which the new facility is integrated with the existing <br />plant, and the extent to which the new facility is engaged in the <br />same general type of activity as the existing source should be <br />considered. <br />(2) Construction on a site at which an existing source is located results in a <br />modification rather than a new source, if the construction does not <br />create a new building, structure, facility, or installation meeting the <br />criteria of Section (1)(b) or (c) above but otherwise alters, replaces, or <br />adds to existing process or production equipment. <br />(3) Construction of a new source as defined under this paragraph has <br />commenced if the owner or operator has: <br />(a) Begun, or caused to begin as part of a continuous on-site <br />construction program; <br />(i) any placement, assembly, or installation of facilities or <br />equipment; or <br />ii) significant site preparation work including clearing, <br />excavation, or removal of existing buildings, structures, or <br />facilities which is necessary for the placement, assembly, <br />or installation of new source facilities or equipment; or; <br />(b) Entered into a binding contractual obligation for the purchase of <br />facilities or equipment which are intended to be used in its <br />operation within a reasonable time. Options to purchase or <br />contracts which can be terminated or modified without <br />substantial loss, and contracts for feasibility, engineering, and <br />design studies do not constitute a contractual obligation under <br />this paragraph. <br />AX. New User. A new user is not necessarily a new source and is defined as a user <br />that applies to the City for a new building permit or any person who occupies an <br />existing building and plans to discharge wastewater to the City's collection <br />system after the effective date of this ordinance. Any person that buys an