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<br />improvement in the situation is made and/or a significant opportunity to further contain the
<br />discharge or mitigate the situation was missed. Verbal communication is not sufficient by
<br />itself, but mhy be considered as a part of the necessary.effort.
<br />NPDES permit. National Pollution Discharge Elimination System permit issued
<br />pursuant to ORS 468.740 and the Clean Water Act.
<br />Person/Pariy. (As in Person Responsible/Responsible Person/Responsible Party.)
<br />Any individual, partnership, joint-venture, firm, company, cooperative, corporation,
<br />association, joint stock company, trust,~estate, governmental entity or any other legal entity.
<br />The masculine shall include the feminine and the singular shall include the plural.
<br />Prior violation. Similar incidents (i.e., stormwater pollution related), whether or not
<br />enforcement actions were pursued.
<br />Release. Any spilling, leaking, Pumping, pouring, emitting, emptying, discharging,
<br />injecting, escaping, leaching, dumping, or disposing of substances to the environment .
<br />including the abandoning or discarding of debris, barrels, containers, underground storage . .
<br />tanks, and other closed receptacles: This excludes: ~ ' ~ . `
<br />• (a) ~ Any release which results in exposure to a .person solely
<br />within a work place, with respect to a claim that the person may assert against
<br />the person's employer under ORS chapter 656;
<br />(b) Emissions from the engine exhaust of a motor vehicle, rolling
<br />stock, aircraft, vessel or pipeline pumping station engine;
<br />• (c) Any release of source, by-product or special nuclear material
<br />from a nuclear incident, as these terms are defined in the Atomic Energy Act
<br />of 1954, as amended, if such release is subjectto requirements with respect
<br />to financial protection established by the Nuclear Regulatory Commission
<br />under section 170 of the Atomic Energy Act of 1954, as amended, or, for the
<br />purposes of any removal ~or remedial action, any release ofsource by-product
<br />or special nuclear material from any processing site designated under section ~ .
<br />102(axl) or 302(a) of the Uranium Mill Tailings Radiation Control Act of ~ _ ,
<br />1978;
<br />(d) A discharge in accordance with federal, state; or local permits
<br />. - of the Lane Regional Air Pollution Authority, with a National Pollutant
<br />Discharge Elimination System Permit, with waste discharge requirements
<br />established by the Oregon Department of Environmental Quality (DEQ), or
<br />with the.industrial wastewater pretreatment requirements of the Industrial
<br />Source Control Section ofthe City'sPublic Works Department's Wastewater
<br />Division; .
<br />(e) The normal application of fertilizer;
<br />(f j Application of pesticides as defined by ORS 634, when such
<br />application is made within the provision of applicable state and federal
<br />Administrative Order - 4
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