Commenced construction means the owner or operator has all necessary construction approvals or permits and has:
- (1) Begun, or caused to begin, a continuous program of actual on-site construction of the new source or modification to the existing source; or
- (2) Entered into a binding agreement or contractual obligation, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source.
Source: 36 SDR 207, effective June 28, 2010.
General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6.