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<br /> (2)A written certification by the owner or operator that the necessary personnel and equipment
<br /> resources, owned or operated by the facility owner or operator, are available to respond to a
<br /> discharge within appropriate response times; and/or
<br /> (3)Active membership in a local or regional oil spill removal organization that has identified and
<br /> ensures adequate access through such membership to necessary personnel and equipment to respond
<br /> to a discharge within appropriate response times in the specified geographic area; and/or
<br /> (4)Any other specific arrangement approved by the Regional Administrator upon request of the
<br /> owner or operator.
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<br /> Discharge includes, but is not limited to, any spilling, leaking,pumping,pouring, emitting, emptying, or
<br /> dumping of oil, but excludes discharges in compliance with a permit under section 402 of the CWA;
<br /> discharges resulting from circumstances identified, reviewed, and made a part of the public record with
<br /> respect to a permit issued or modified under section 402 of the CWA, and subject to a condition in such
<br /> permit; or continuous or anticipated intermittent discharges from a point source, identified in a permit or
<br /> permit application under section 402 of the CWA,that are caused by events occurring within the scope
<br /> of relevant operating or treatment systems. For purposes of this part,the term discharge shall not include
<br /> any discharge of oil that is authorized by a permit issued under s tion 13 of the River and Harbor Act of
<br /> 1899 (33 U.S.C. 407).
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<br /> Facility means any mobile or fixed, onshore or offshore building, property,parcel, lease, structure,
<br /> installation, equipment,pipe, or pipeline (other t1an a vessel or apublic vessel)used in oil well drilling
<br /> operations, oil production, oil refining, oil storage, oil gatherinl processing, oil transfer, oil
<br /> distribution, and oil waste treatment, or in which oil is used, as described in appendix A to this part. The
<br /> boundaries of a facility depend on several site-specific factors, including but not limited to,the
<br /> ownership or operation of buildings, structures, and equipment on the same site and types of activity at
<br /> the site. Contiguous or non-contiguous buildings,pr perties,parcels, leases, structures, installations,
<br /> pipes, or pipelines under the ownership or operat'A of the same person may be considered separate
<br /> facilities. Only this definition governs whether Aacility is subject to this part.
<br /> Farm means a facility on a tract of land devoted to the production of crops or raising of animals,
<br /> including fish, which produced and sold, or normally would have produced and sold, $1,000 or more of
<br /> agricultural products during a year.
<br /> Fish and wildlife and sensitive environments means areas that may be identified by their legal
<br /> designation or by evaluations of Area Committees (for planning) or members of the Federal On-Scene
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<br /> Coordinator's spill response structure (during responses). These areas may include wetlands,National
<br /> and State parks, critical habitats for endangered or threatened species, wilderness and natural resource
<br /> areas, marine sanctuaries and estuarine reserves, conservation areas,preserves, wildlife areas, wildlife
<br /> refuges,wild and scenic rivers,recreational areas, national forests, Federal and State lands that are
<br /> research national areas,heritage program areas, land trust areas, and historical and archaeological sites
<br /> and parks. These areas may also include unique habitats such as aquaculture sites and agricultural
<br /> surface water intakes, bird nesting areas, critical biological resource areas, designated migratory routes,
<br /> and designated seasonal habitats.
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<br /> Joe's Travel Plaza
<br /> 15600 Harlan Road,Lathrop,CA
<br /> Page 5
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