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(3) The name, address and telephone number of any person who will perform the excavation (if other than the applicant); (4) The professional or other qualifications, if any, of applicant or such other person who will perform the excavation; (5) Proof of receipt of written notice of the information described in subsections (a)(1) through (a)(4) of this section, by the U.S. Environmental Protection Agency (EPA), Region III, Director, Hazardous Waste Management Division, 1640 Arch Street, Philadelphia, PA 19103-2029; (6) Proof of publication of a notice in at least one local newspaper of general circulation of a brief description of the purpose and location of such excavation and the name of the applicant and the person who will perform the work, if different from the applicant. (b) The city engineer or his designee shall notify EPA and the public in writing or his intention to issue a permit under this section no later than five days prior to issuance of such permit. Notification of the public shall be accomplished by publication of such notice of such intent in a local newspaper of general circulation. Such notice shall: (1) State the city's intention to issue such permit; (2) Include the name of the applicant and the person who will perform the work, if different; and (3) Provide a description of the purpose and location of such excavation. Applicant shall pay the cost of publication. (c) An environmental compliance excavation permit shall not be issued to any person until a complete application containing all of the information described in subsection (a) of this section has been submitted by such person to the city engineer or his designee. Sec. 11.1-64. Environmental compliance excavation permit; terms and conditions. An environmental compliance excavation permit issued pursuant to this article shall include the following terms and conditions: (1) All excavation activities shall be conducted in accordance with applicable requirements of OSHA and federal and state solid and hazardous waste management laws and regulations; (2) All excavation activities shall be conducted in a manner which is consistent with the remedy and performance standards set forth in the Amended Record of Decision for OU1 of the Abex Superfund Site (signed August 15, 1994) and the Explanation of Significant Differences (ESD) signed October 5, 1995. Both documents are contained in the Abex Administrative Record, which is located at the Portsmouth Public library, Reference Section, and the offices of the U.S. Environmental Protection Agency, 1650 Arch Street, Philadelphia, PA. 19103-2029; (3) No excavation activities shall be conducted in a manner which may present an imminent and substantial endangerment to public health or welfare or the environment due to the release or threatened release of any hazardous substance, pollutant or contaminant. Sec. 11.1-65. Violations; penalties. Each of the following acts or omissions are prohibited and shall constitute a class 1 misdemeanor: (1) Excavation within the Abex Superfund Site Operable Unit 1 (OU1) Area without an environmental compliance excavation permit. (2) Excavation by a permittee within the Abex Superfund Site Operable Unit 1 (OU1) Area in violation of the terms and conditions of an environmental compliance excavation permit. Page 26 of 27