ARSD 74:36:01:21. Commenced construction defined

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.