“Construction commenced” as used in the definition of “existing facility” means:

1. (a) The owner or operator has obtained the federal, state of New Hampshire, and local approvals or permits necessary to begin physical construction; and

2. (b) Either:

   1. (1) A continuous on-site, physical construction program has begun; or
   2. (2) The owner or operator has entered into contractual obligations that cannot be cancelled or modified for physical construction of the facility to be completed within a reasonable time.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 103.23)