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ORDINANCE NO 1275 <br /> PAGE NO 6 <br /> Construction on a site at which an existing source is located results in a <br /> modification rather than a new source if the construction does not create a new <br /> building, structure, facility, or installation meeting the criteria of paragraph b) or c) <br /> above but otherwise alters, replaces, or adds to existing process or production <br /> equipment <br /> Construction of a new source as defined under this paragraph has commenced if <br /> the owner or operator has <br /> a) Begun, or caused to begin, as part of a continuous onsite construction <br /> program <br /> i) Any placement, assembly, or installation of facilities or equipment, <br /> ii) Significant site preparation work including clearing, excavation, or removal <br /> of existing buildings, structures, or facilities which is necessary for the <br /> placement, assembly, or installation of new source facilities or equipment, <br /> or <br /> b) 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, and design <br /> studies do not constitute a contractual obligation under this paragraph <br /> Noncompliance: Any violation of any part of this Waste Ordinance, the <br /> industrial <br /> discharge permit, or National Categorical Standards <br /> Notice of Violation (NOV): An official communication from the City to the non- <br /> compliant industrial user informing the industrial user that a violation has <br /> occu rred <br /> Nuisance: Any nuisance defined by California statutes or known at common law <br /> or in equity jurisprudence <br /> Pass-through: A discharge which exits the Manteca's treatment works into the <br /> waters of the State or into Manteca's land disposal system in quantities or <br /> concentrations, which alone or in conjunction with a discharge or discharges from <br /> other sources, is a cause of a violation of any requirement of Manteca's NPDES <br /> permit or of Manteca's RWQCB permit, including an increase in the magnitude or <br /> duration of a violation <br /> Permittee The person to whom an Industrial Discharge Permit has been issued <br /> pursuant hereto <br />