Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 203 - MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
Subpart A - GENERAL PROVISIONS
Section 203.113 - Commence

Current through Register Vol. 48, No. 38, September 20, 2024

As applied to construction of a major stationary source or major modification "commence" means that the owner or operator has obtained all necessary preconstruction approvals or permits and either has:

a) Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or

b) Entered into binding agreements or contractural obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.

c) For purposes of this Secton, a "reasonable time" shall be determined considering but not limited to the following factors: The nature and size of the project, the extent of design engineering, the amount of off-site preparation, whether equipment can be fabricated or can be purchased, when the project begins (considering both the seasonal nature of construction activity and the existence of other projects competing for construction labor at the same time, the place of the environmental permit in the sequence of corporate and overall governmental approval), and the nature of the permittee (private, public, regulated, etc).

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