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There shall be established a stormwater fund for the deposit of all fees collected pursuant to this article. Income derived from these charges shall be dedicated special revenue and may be used only for the following: (1) The acquisition by gift, purchase or condemnation of real and personal property, and interest therein, necessary to construct, operate and maintain stormwater control facilities; (2) The cost of administration of such programs; (3) Engineering and design, debt retirement, construction costs for new facilities and enlargement or improvement of existing facilities; (4) Facility maintenance; (5) Monitoring of stormwater control devices; and (6) Pollution control and abatement, consistent with state and federal regulation for water pollution control and abatement. ARTICLE Ill. EXCAVATION REQUIREMENTS FOR ABEX SUPERFUND SITE Sec. 11.1-61. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abex Superfund Site Operable Unit 1 (OU1) Area means the area generally bounded by Fifth Street on the east, Effingham Street on the west, Lincoln Street on the south, and Race Street on the north and inclusive of the area within a 350 -foot radius of the corner of Seventh and Harrison Streets. Excavate means any disturbance or removal of any soils, including, but not limited to, soils beneath existing permanent covers (e.g., sidewalks, streets and any other paved areas), building or other permanent structures within the Abex Superfund Site Operable Unit 1 (OU1) Area. Person means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, United States Government, state, municipality, commission, political subdivision of a state, or any interstate body. Sec. 11.1-62. Environmental compliance excavation permit required; Abex Superfund Site Operable Unit 1 (OU1) Area. No person shall excavate any soils located within the Abex Superfund Site Operable Unit 1 (OU1) Area, as defined in section 11.1-61, prior to obtaining an environmental compliance excavation permit for such excavation from the city engineer or his designee. Sec. 11.1-63. Environmental compliance excavation permit; application procedures. (a) No environmental compliance excavation permit for excavation of soils within the Abex Superfund Site Operable Unit 1 (OU1) Area shall be issued to any person unless such person has submitted an application for such a permit to the city engineer or his designee. An applicant for such a permit shall submit the following information, in writing to the city engineer or his designee: (1) A description of the purpose and location of such excavation; the dates on which such excavation shall take place; the depth of such excavation; and the equipment to be used to conduct such excavation; (2) The name, address and telephone number of such applicant; Page 25 of 27