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?. , - 5 - Park and Olmsted township. The Plant discharges wastewater into the Rocky River through Outfall 001. 7. North Olmsted is a"person" as that term is defined in Section 502(5) of the Act, 33 U.S.C. §1362(4). 8. The Plant is a Publicly Owned Treatment Works ("POTW"), as defined in Section 212(2) of the Act, 33 U.S.C. § 1292(2), and 40 C.F.R. § 403.3(0), and as used in Section 301(b)(1)(B) and (i) of the Act, 33 U.S.C. § 1311(b)(1)(B) and (i). 9. For purposes of this Decree, the "applicable NPDES Permit" means that version of the Plant's NPDES Permit that was issued pursuant to the Act and is applicable, federally-approved and in effect at the time. Should any proposed, modified, or reissued NPDES permit for the Plant become federally approved and effective, except as specifically stated otherwise in this Decree, it will replace the previous permit as the "applicable NPDES Permit." 10. At all times relevant to this Consent Decree, North Olmsted discharged pollutants into the Rocky River from outfall 001 at the Plant, within the meaning of Section 502(6) and (12) of the Act, 33 U.S.C. § 1362(6) and (12), and 40 C.F.R. § 122.2. 11. Outfall 001 is a"point source" within the meaning of Section 502(14) of the Act, 33 U.S.C. § 1362(14). 12. The Rocky River is a"navigable water" as defined in Section 502(7) of the Act, 33 U.S.C. § 1362(7), and is part of the "waters of the United States" within the meaning of 40 C.F.R. § 122.2.