Section 327IAC5-17-13. "New source" defined

   (a) "New source" means any building, structure, facility, or installation that is discharging or may discharge pollutants, and its construction commenced after the publication of proposed pretreatment standards under Section 307(c) of the Clean Water Act (33 U.S.C. 1317(c)) that will be applicable to the source, if those standards are thereafter promulgated in accordance with Section 307(c) of the Clean Water Act, provided one (1) of the following conditions is met:

(1) The building, structure, facility, or installation is constructed at a site where no other source is located.

(2) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source.

(3) The production of wastewater generating processes of the building, structure, facility, or installation is substantially independent of an existing source at the same site. In determining whether these processes are substantially independent, the following factors will be considered:

(A) The extent to which the new facility is integrated with the existing plant.

(B) The extent to which the new facility is engaged in the same general type of activity as the existing source.

  (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 (a)(3) but otherwise alters, replaces, or adds to existing process or production equipment.

  (c) Construction of a new source as defined in 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 that is necessary for the placement, assembly, or installation of new source facilities or equipment; or

(2) entered into a binding contractual obligation for the purchase of facilities or equipment that are intended to be used in its operation within a reasonable time.

Options to purchase, contracts that can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this section. (Water Pollution Control Division; 327 IAC 5-17-13; filed Oct 10, 2000, 3:02 p.m.: 24 IR 294)