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<br />purpose of exhaustion of remedies and may be judicially reviewed pursuant <br />to Section8.1(B). <br />C. The petitioner must notify the Toxics Board and alleged violator ten days <br />prior to seeking judicial review, except that such action may be brought <br />immediately after such notification in the case of an action under this Section <br />respecting an emergency posing a significant risk to the well-being of <br />workers, people present in the community, or any species of fish or wildlife <br />or plants. <br />D. No action may be commenced under paragraph A of this Section if the City <br />of Eugene has commenced an action to impose a penalty pursuant to Section <br />8.2 and is pursuing a prompt resolution of that action. <br /> <br />ARTICLE IX - EXCLUSIONS <br /> <br />Section 9 <br /> <br />A. <br /> <br />Nothing in this [Act] Section is intended to apply to the government of the <br />United States or to the government of the State of Oregon, or to the agencies <br />or political subdivisions of either government. <br />Nothing in this [Act] Section is intended to restrict, impede, or otherwise <br />interfere with the exercise of rights guaranteed by the United States <br />Constitution or the Constitution of the State of Oregon. <br /> <br />B. <br /> <br />ARTICLE X - IMPLEMENTATION <br />Section 10 Insofar as it is reasonable and practicable to so assume, the provisions of this [Act] <br />Section are intended to be self-executing. In every other case, however, and any <br />other provision of the Eugene City Charter or the ordinances of the City of Eugene <br />notwithstanding, the City Council shall, upon recommendation of the Toxics Board <br />and without unreasonable delay, enact reasonable ordinances necessary and proper <br />for carrying into execution the provisions of this [Act] Section. <br /> <br />ARTICLE XI - SEVERABILITY <br />Section 11 If any section, subsection, paragraph, phrase or word (hereafter the parts) of this <br />[Act] Section shall be held to be unconstitutional, void, or illegal, either on its face <br />or as applied, this shall not affect the applicability, constitutionality, or legality of <br />any other parts hereof; and to that end, the parts of the [Act] Section are intended to <br />be severable. It is hereby declared to be the intent of this [Act] Section that the same <br />would have been adopted had such unlawful or unconstitutional provisions, if any, <br />not been included herein. <br /> <br />ARTICLE XII - EFFECTIVE DATE <br />Section 12 This [Act] Section shall be in full force and effect 31 days following passage. <br /> <br />Exhibit A - 18 <br />