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above but otherwise alters, replaces, or adds to existing process or production
<br />equipment.
<br />C. Construction of a new source as defined under this paragraph has
<br />commenced if the owner or operator has:
<br />Begun or caused to begin as part of a continuous onsite
<br />construction program:
<br />a. Any placement, assembly, or installation of facilities
<br />or equipment;
<br />b. Significant site preparation work including clearing,
<br />excavation, or removal of existing buildings, structures, or facilities which are
<br />necessary for the placement, assembly, or installation of new source facilities or
<br />equipment; or
<br />2. Entered into a binding contractual obligation for the
<br />purchase of facilities or equipment which are intended to be used in its operation
<br />within a reasonable time. Options to purchase or contracts which can be terminated
<br />or modified without substantial loss, and contracts for feasibility, engineering, and
<br />design studies do not constitute a contractual obligation under this paragraph.
<br />Noncontact cooling water or cooling water means water used for cooling that
<br />does not come into direct contact with any raw material, intermediate product,
<br />waste product or finished product. It may also mean water discharged from any use
<br />such as air conditioning, cooling, refrigeration or any thermal heat exchange
<br />process to which the only pollutant added is heat.
<br />Pass through means a discharge which exits the POTW into waters of the
<br />United States in quantities or concentrations which, alone or in conjunction with a
<br />discharge or discharges from other sources, is a cause of a violation of any
<br />requirement of the POTW's NPDES permit, including an increase in the magnitude
<br />or duration of a violation. ('
<br />v on).
<br />Person means any individual, partnership, copartnership, firm, company,
<br />corporation, limited liability company, association, joint stock company, trust,
<br />estate, governmental entity, or any other legal entity; or their legal representatives,
<br />agents, or assigns. This definition includes all federal, state, and local governmental
<br />entities.
<br />pH means a measure of the acidity or alkalinity of a solution, expressed in
<br />standard units. thehelegar-it- _m (base 10' of tle—eethe eefisentr-ate or
<br />Pollutant means any dredged spoil, solid waste, incinerator residue, filter
<br />backwash, sewage, garbage, sewage sludge, munitions, medical wastes, eNpWsiieS,
<br />chemical wastes, bstanees, biological materials, or- "its
<br />radioactive materials, heat, fnaledorous substanees, wrecked or discharged
<br />equipment, rock, sand, s cellar dirt, untred4able waste of "'dust"'^', municipal,
<br />agricultural and industrial wastes and certain characteristics of wastewater (e.g.,
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