Ill. Admin. Code tit. 35, § 310.111 - New Source
a) "New
source " means any building, structure, facility , or installation from which
there is or may be a discharge of pollutants, the construction of which
commenced after the date specified in 35 Ill. Adm. Code 307 for the particular
source category or subcategory applicable to the source, if one of the
following is true:
1) The building,
structure, facility , or installation is constructed at a site at which 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 ;
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 that meets the criteria of subsection (a)(2) or (a)(3), but which
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
done either of the following:
1) It has begun
or caused either of the following 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) It has entered into a binding contractual
obligation for the purchases of facilities or equipment that are intended to be
used in its operation within a reasonable time. An option to purchase or a
contract that can be terminated or modified without substantial loss and
contracts for feasibility, engineering, and design studies does not constitute
a contractual obligation under this subsection (c)(2).
d) A new source must install and have in
operating condition and must "start up " all pollution control equipment
required to meet applicable pretreatment standards before beginning to
discharge . Within the shortest feasible time (not to exceed 90 days), a new
source must meet all applicable pretreatment standards.
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