Section 309.154  Authorization to Construct

a)         No person shall cause or allow the construction of any new treatment works, disposal well or wastewater source for which an NPDES Permit is required or cause or allow the modification of any existing treatment works, disposal well or wastewater source for which an NPDES Permit is required unless such NPDES Permit contains an authorization to construct as a condition of such permit.

b)         Any holder of a valid NPDES Permit who proposes or is required as a condition of such NPDES Permit or of any order of the Pollution Control Board to construct or modify any treatment works, disposal well, wastewater source, or process modification which results in new or increased discharges of pollutants, shall complete, sign and submit an NPDES application for such construction or modification, in accordance with the instructions provided with the form, no later than 180 days in advance of the date on which construction or modification is to begin.  No person shall commence construction until the holder of the NPDES Permit shall have received a modification to the NPDES Permit, or a new NPDES Permit if required, which contains an authorization to construct as a condition of such permit.

c)         The Agency shall not issue any authorization to construct unless the applicant submits adequate proof, including any of the information or documents set forth in Section 309.221 as the Agency may require, which ensures that the proposed construction, modification or operation

1)         Either conforms to the criteria promulgated by the Agency under Section 309.221 or is based on other criteria which the applicant proves will produce consistently satisfactory results; and

2)         Will not cause a violation of the conditions of the NPDES Permit.