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(2) Construction on a site at which an existing source is located results in a modification <br />rather than a new source if the construction does not create a new building, facility or <br />installation meeting the criteria of subsections (I)b. or c., but otherwise alters, replaces <br />or adds to existing process or production equipment. <br />(3) Construction of a new source as defined herein has commenced if the owner or operator <br />has - <br />a. Begun, or caused to begin as part of a continuous onsite construction program: <br />1. Any placement, assembly or installation of facilities or equipment; or <br />2. Significant site preparation work including clearing, excavation or removal of <br />existing buildings, structures or facilities which is necessary for the placement, <br />assembly or installation of new source facilities or equipment; or <br />3. Entered into a binding contractual obligation for the purchase of facilities or <br />equipment which are intended to be used in its operation within a reasonable <br />time. Options to purchase or contracts which can be terminated or modified <br />without substantial loss, and contracts for feasibility, engineering or design <br />studies do not constitute a contractual obligation under this paragraph. <br />Noncontact Cooling Water. Water used for cooling that does not come into direct contact with <br />any raw material, intermediate product, waste product or finished product. <br />Normal domestic wastewater. Wastewater other than industrial wastewater discharged by a <br />person into the sanitary sewers and containing an average twenty-four (24) hour composite <br />concentration of not more than two hundred fifty (250) mg/l BOD, two hundred fifty (250) mg/I <br />TSS, or thirty (30) mg/l ammonia. <br />Other substances. Substances -which may be useful or valuable and therefore are not ordinarily <br />considered to be waste, but which will cause pollution if discharged into water in the state. <br />Overload. Any increase in flow, BOD, suspended solids or pollutants that would upset normal <br />operations or cause the POTW to be noncompliant with its state or federal permits. <br />pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed <br />in grams per liter of solution. <br />Pass through. A discharge which exits the POTW into waters of the state in quantities or <br />concentrations which, alone or in conjunction with discharges from other sources, is a cause of a <br />violation of any requirement of the POTWs NPDES or TPDE S permits (including an increase in <br />the magnitude or duration of a violation), <br />Person. Any individual, partnership, copartnership, firm, company, corporation, association, <br />joint stock company, trust, estate, governmental entity or any other legal entity, or their legal <br />representatives, agents, or assigns. The masculine gender shall include the teminine- the singular <br />shall include the plural where indicated by the context® <br />