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• <br /> (a) The building, structure, facility, or installation is constructed at a site at <br /> which no other source is located; or <br /> (b) The building, structure, facility, or installation totally replaces the process <br /> or production equipment that causes the discharge of pollutants at an <br /> existing source; or <br /> (c) The production or wastewater generating processes of the building, <br /> structure, facility, or installation are substantially independent of an existing <br /> source at the same site. In determining whether these are substantially <br /> independent factors such as the extent to which the new facility is <br /> integrated with the existing plant, and the extent to which the new facility is <br /> engaged in the same general type of activity as the existing source should <br /> be 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 create a new <br /> building, structure, facility, or installation meeting the criteria of Section (1)(b) or <br /> (c) above but otherwise alters, replaces, or adds to existing process or production <br /> equipment. <br /> (3) Construction of a new source as defined under this paragraph has commenced if <br /> the owner or operator has: <br /> (a) Begun, or caused to begin as part of a continuous on-site construction <br /> program; <br /> (i) any placement, assembly, or installation of facilities or equipment; <br /> or <br /> (ii) significant site preparation work including clearing, excavation, or <br /> removal of existing buildings, structures, or facilities which is <br /> necessary for the placement, assembly, or installation of new source <br /> facilities or equipment; or; <br /> (b) Entered into a binding contractual obligation for the purchase of facilities <br /> or equipment which are intended to be used in its operation within a <br /> reasonable time. Options to purchase or contracts which can be terminated <br /> or modified without substantial loss, and contracts for feasibility, <br /> engineering, and design studies do not constitute a contractual obligation <br /> under this paragraph. <br /> AK. New User. A "new user" is not a "new-source" and is defined as a user that applies to the <br /> City for a new building permit or any person who occupies an existing building and plans <br /> to discharge wastewater to the City's collection system after the effective date of this <br /> ordinance. Any person that buys an existing facility that is discharging non-domestic <br /> wastewater will be considered an "existing user" if no significant changes are made in the <br /> operation. <br /> AL. Pass Through. A discharge which exits the POTW into waters of the United States in <br /> quantities or concentrations which, alone or in conjunction with a discharge or discharges <br /> 5 <br />