Prior violation Similar incidents (i.e., stormwater pollution related), whether or
<br />not enforcement actions were pursued.
<br />Release Any spilling, leaking, pumping, pouring, emitting, emptying,
<br />discharging, injecting, escaping, leaching, dumping, or disposing of substances to the
<br />environment including the abandoning or discarding of debris, barrels, containers,
<br />underground storage 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
<br />against the person's employer under ORS chapter 656;
<br />(b) Emissions from the engine exhaust of a motor vehicle,
<br />rolling stock, aircraft, vessel or pipeline pumping station engine;
<br />(c) Any release of source, by- product or special nuclear
<br />material from a nuclear incident, as these terms are defined in the Atomic
<br />Energy Act of 1954, as amended, if such release is subject to requirements
<br />with respect to financial protection established by the Nuclear Regulatory
<br />Commission under section 170 of the Atomic Energy Act of 1954, as
<br />amended, or, for the purposes of any removal or remedial action, any
<br />release of source by- product or special nuclear material from any
<br />processing site designated under section 102(a)(1) or 302(a) of the
<br />Uranium Mill Tailings Radiation Control Act of 1978;
<br />(d) A discharge in accordance with federal, state, or local
<br />permits of the Lane Regional Air Pollution Authority, with a National
<br />Pollutant Discharge Elimination System Permit, with waste discharge
<br />requirements established by the Oregon Department of Environmental
<br />Quality (DEQ), or with the industrial wastewater pretreatment
<br />requirements of the Industrial Source Control Section of the City's Public
<br />Works Department's Wastewater Division;
<br />(e) The normal application of fertilizer;
<br />(f) Application of pesticides as defined by ORS 634, when
<br />such application is made within the provision of applicable state and
<br />federal regulations;
<br />(g) Application of agricultural lime, gypsum and other
<br />agricultural/horticultural soil amendments when made for that purpose and
<br />according to current industry practice; and
<br />(h) Application of water -based paint, when used as athletic
<br />field marking.
<br />Removal Actions taken to eliminate, cleanup, or remove a released pollutant;
<br />such actions as may be necessary due to the threat of a release of a pollutant; such actions
<br />as may be necessary to monitor, assess, and evaluate a release, or threat of release, of a
<br />pollutant; the disposal of removed material; other actions as may be necessary to prevent,
<br />minimize, or mitigate damage to the public health, safety, environment, natural resources
<br />and/ or welfare which may otherwise result from a release, or threat of release, of a
<br />pollutant; provision of security fencing or other measures to limit access; provision of
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