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(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 /> from other sources, is a cause of a violation of any requirement of the City's NPDES <br /> permit (including an increase in the magnitude or duration of a violation). <br /> AM. Permittee. A person or user issued a wastewater discharge permit, or discharge <br /> authorization. <br /> AN. Person. Any individual, partnership, co-partnership, firm, company, corporation, <br /> association, joint stock company, trust, estate, governmental entity, or any other legal <br /> entity, or their legal representatives, agents, or assigns. This definition includes all <br /> Federal, State, or local governmental entities. <br /> AO. pH. A measure of the acidity or alkalinity of a substance, expressed in standard units. <br /> 6 <br />