MIL-HDBK-1003/7
c) 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 from which there is or may be a
discharge of pollutants but otherwise alters, replaces, or adds to existing process or
production equipment.
Construction of a new source is considered to have commenced when the
owner or operator has begun or caused to begin as part of a continuous on-site
construction program:
a)
Any placement, assembly, or installation of facilities or
equipment.
b) Significant site preparation work which is necessary for the
placement, assembly, or installation of new source facilities or equipment.
c) Entering into a binding contractual obligation for the purchase of
facilities or equipment which are intended for use in its operation within a reasonable
time.
18.5.3.4 Environmental Impact Statement. No on-site construction of a new source, for
which an Environmental Impact Statement (EIS) is required, is to commence before all
appropriate EIS-related requirements have been incorporated in the project and a final
permit is issued, or, before execution of a legally binding written agreement by the
applicant requiring compliance with all such requirements, unless EPA determines that
such construction will not cause significant or irreversible adverse environmental
impact.
No on-site construction of a new source for which an EIS is not
required may commence until 30 days after the issuance of a finding of no significant
impact unless EPA determines that the construction will not cause significant or
irreversible adverse environ mental impact.
18.5.3.5 Violation of Regulations. The permit applicant must notify EPA of any on-site
construction which begins before the above specified times. If on-site construction
begins in violation of regulations, the owner or operator is proceeding at its own risk
and such construction activity constitutes grounds for denial of a permit. EPA may also
seek a court order to enjoin construction in violation.
18.5.3.6 Storm Sewers and Conveyances. Separate storm sewers are point sources subject
to the NPDES permit program which may be permitted either individually or under a
general permit. Separate storm sewer is defined as a conveyance or system of
conveyances (including pipes, conduits, ditches, and channels) used primarily for
collecting and conveying storm water runoff.
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