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SECTION I. STATEMENT OF FINDINGS
The governing body
of [municipality] finds that:
A. The ground water
underlying this municipality is a major source of existing and future water
supplies, including drinking water. The ground water
underlying this municipality lies within the Buried Valley Aquifer Systems
of the Central Passaic River Basin, which are designated as a "sole source"
aquifer under Section 1424(e) of the federal Safe Drinking Water Act of
1974.
B. The ground water
aquifers are integrally connected with, are recharged by, and flow into the
surface waters, lakes and streams, which also constitute a major source of
water for drinking, commercial and industrial needs.
C. Accidental spills
and discharges of toxic and hazardous materials may threaten the quality of
these ground water supplies and related water sources.
D. Contaminated
water from any source is a detriment to the health, welfare and
comfort of the residents of this municipality, and other users of these
water resources.
E. Spills or
discharges of hazardous substances or hazardous wastes may
contaminate or pollute water. As a preventive measure, the proximity of
such materials to sources of water supplies, such as public community wells,
should be restricted so that there will be sufficient time to find and clean
up such spills or discharges before water supplies become contaminated.
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SECTION II. PURPOSE
The purpose of this Ordinance is to protect the public
health, safety and welfare through the protection of the ground
water resources underlying the municipality to ensure a supply of
safe and healthful drinking water for the present and future
generations of local residents, employees and the general public in
this municipality, as well as users of these water supplies outside
this municipality. Areas of land surrounding each public community
well, known as Well Head Protection Areas (WHPAs), from which
contaminants may move through the ground to be withdrawn in water
taken from the well, have been delineated. Through regulation of
land use, physical facilities and other activities within these
areas, the potential for ground water contamination can be reduced.
The purpose of the regulations contained in this ordinance is to
prevent the migration of potential pollutants from areas within a
WHPA into ground water that is withdrawn from a public community
well.
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SECTION III.
STATUTORY AUTHORITY
The municipality of [municipality] is empowered to regulate
these activities under the provisions of the New Jersey Municipal
Land Use Law, N.J.S.A 40:55D-1 et seq., which authorizes each
municipality to plan and regulate land use to secure a safe and
adequate drinking water supply for its residents. The Board of
Health of this municipality has autonomous power granted by the
State Legislature to develop this Ordinance to protect public
health, safety and welfare, as set forth in the New Jersey Local
Boards of Health Law, N.J.S.A. 26:3-1 et seq., and the New
Jersey County Environmental Health Act, N.J.S.A. 26:3A2-21
et seq.
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SECTION IV. DEFINITIONS
Administrative
Authority--
The Planning Board or Board of Adjustment and the Board of Health,
acting jointly and in consultation, with all of the powers
delegated, assigned, or assumed by them according to statute or
ordinance.
Applicant--
Person applying to the
Board of Health, Planning Board, Board of Adjustment or the Construction
Office proposing to engage in an activity that is regulated by the
provisions of this ordinance, and that would be located within a regulated
Well Head Protection Area.
Aquifer--
A formation, group of
formations, or part of a formation that contains sufficient saturated
permeable rock, sand, or gravel which is capable of storing and transmitting
usable quantities of water to wells and springs.
Best Management Practices
(BMP) -- These
are performance or design standards established to minimize the risk of
contaminating ground water or surface waters while managing the use,
manufacture, handling or storage of hazardous substances or hazardous
wastes.
Contamination--
The presence of any harmful
or deleterious substances in the water supply.
Development--
The carrying out of any
construction, reconstruction, alteration of surface or structure or change
of land use or intensity of use.
Discharge--
Any intentional or
unintentional action or omission, unless pursuant to and in compliance with
the conditions of a valid and effective Federal or State Permit, resulting
in the releasing, spilling, pumping, pouring, emitting, emptying or dumping
of a hazardous substance into the waters or lands of the State or into
waters outside the jurisdiction of the State when damage may result to the
lands, waters or natural resources within the jurisdiction of the State.
Ground Water--
Water contained in
interconnected pores of a saturated zone in the ground, also known as well
water. A saturated zone is a volume of ground in which the voids in
the rock or soil are filled with water at a pressure greater than
atmospheric.
Hazardous Substance--
Any substance
designated under 40 CFR 116 pursuant to Section 311 of the Federal Act, the
Spill Compensation and Control Act, N.J.S.A. 58:10-23.ll et seq., or
Section 4 of the State Act. Substances listed include petroleum, petroleum
products, pesticides, solvents and other substances.
Hazardous Waste--
Any solid waste that is
defined or identified as a hazardous waste pursuant to the Solid Waste
Management Act, N.J.S.A. 13:1E et seq., N.J.A.C. 7:26-8, or 40 CFR
Part 261.
Maximum Contaminant Level--
Maximum
permissible level of a contaminant in water which is delivered to any user
of a Public Community Water System.
NJDEP--
New Jersey Department of
Environmental Protection.
Person--
Any individual, public or private corporation, company, partnership, firm,
association, owner or operator, political subdivision of this State, and any
state, Federal or interstate agency or an agent or employee thereof.
Polluted Water--
In the content of drinking water, water is polluted when a pollutant is
present in excess of a maximum contaminant level or bacteriological limit
established by law or regulation.
Potential Pollutant Source
(PPS)-- Activity
or land use which may be a source of a pollutant that has the potential to
move into ground water withdrawn from a well. For the purposes of this
ordinance Potential Pollutant Sources are defined in Section VII.
PPS--
Potential Pollutant Source
Public Community Well--
A public water
supply well which serves at least 15 service connections used by year-round
residents or regularly serves at least 25 year-round residents.
SIC--
Standard Industrial
Classification.
Sole Source Aquifer--
Any drinking
water aquifer upon which more than 50% of a population group depends and for
which there is no practicable or affordable alternate water supply, as
certified by the United States Environmental Protection Agency.
Time of Travel (TOT)--
The average time
that a volume of water will take to travel in the saturated zone from a
given point to a pumping well.
Tier 1 Well Head Protection
Area--
That area of land within a WHPA from which ground water may enter the well
within 2 years. (See maps referenced under Section V.)
Tier 2 Well Head Protection
Area--
That area of land within a WHPA from which ground water may enter the well
within 5 years. (See maps referenced under Section V.)
Tier 3 Well Head Protection
Area--
That area of land within a WHPA from which ground water may enter the well
within 12 years. (See maps referenced under Section V.)
Well Head--
The well borehole and
appurtenant equipment.
Well Head Protection Area (WHPA)--
An area
described in plan view around a well, from which ground water flows to the
well and ground water pollution, if it occurs, may pose a significant threat
to the quality of water withdrawn from the well.
WHPA--
Well Head Protection Area.
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SECTION V. ESTABLISHMENT OF WELL HEAD PROTECTION AREAS AND MAPS
A. Well Head
Protection Area Maps:
1) The delineations of
Well Head Protection Areas for public community wells, which were published
by the New Jersey Geological Survey of the New Jersey Department of
Environmental Protection, are incorporated herein and made a part of this
Ordinance. They are designated as follows: New Jersey Well
Head Protection Areas, Edition 2, Geospatial Data Presentation, New Jersey
Digital Data Series, DGS02-2, dated 18 June 2002. A description of these
data, which has been excerpted from these materials, is appended as Appendix
B. A map of the Well Head Protection Areas located within [municipality] is
included as part of this Ordinance, is appended as Figure [?], and is
adopted as of [date]. Maps of the municipality on which these delineations
have been overlain shall be on file and maintained by the offices of the
Clerk of [municipality], and of the Board of Health of [municipality].
2) Well Head
Protection Areas, as shown on the maps described in Section V.A(1), shall be
considered to be superimposed over any other established zoning district.
Land in a Well Head Protection Area may be used for any purpose permitted in
the underlying district, subject to the additional restriction presented
herein.
B. Assignment of
Restriction within Well Head Protection Areas:
Properties located wholly
or partially within a Well Head Protection Area shall be governed by the
restrictions applicable to the Well Head Protection Area.
C. Inclusion of Well Head Protection Area Zoning into Master
Plan:
The municipal Master Plan
provides the legal basis for zoning and land use regulation at the local
level. The technical foundation for local well head protection in this
municipality should be incorporated into the Master Plan. A technical
report on the need for well head protection in [municipality] may be adopted
as part of the Master Plan (N.J.S.A 40:55D-28b(11)). The technical report
should include the following information:
1) A statement setting
forth the rationale and need to protect the public water supply through a
program of well head protection for public community wells.
2) Reference to the
method used to delineate the Well Head Protection Areas (WHPAs) according to
the "tiered" level of protection for public community wells based upon the
time of travel (TOT) of ground water, as developed by the New Jersey
Geological Survey.
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SECTION VI. REGULATION OF WELL HEAD PROTECTION AREAS FOR PUBLIC
COMMUNITY WELLS
A. The Administrative
Authority for administering the provisions of this Ordinance shall be the
Planning Board or Board of Adjustment and the Board of Health of
[municipality] acting jointly and in consultation.
B. Any applicant for a
permit requesting a change in land use or activity, which is subject to
review under the provisions of the Municipal Land Use Law and other
pertinent regulations of [municipality], [code references],
and which is located within a delineated WHPA, as defined in Section V, that
involves a Potential Pollutant Source (PPS), as defined in Section VII,
shall comply with the requirements of this ordinance.
C. Any applicant for a
permit requesting a change in land use or activity, which is subject to the
requirements of this ordinance, shall file an Operations and Contingency
Plan, as required by Section IX, with the Administrative Authority. No
permit that allows a change in land use or activity, which is subject to the
requirements of this ordinance, shall be granted unless an Operations and
Contingency Plan for the proposed change has been approved by the
Administrative Authority. Any plan approved by the Administrative Authority
shall be kept on file in the office of the [office] of [municipality], and
shall be available to the public for inspection.
D. Any change in land
use or activity that introduces a Major or Minor Potential Pollutant Source
(PPS), as defined in Section VII, shall be prohibited within a Tier 1 WHPA.
E. Any change in land
use or activity that introduces a Major PPS, as defined in Section VII,
shall be prohibited within a Tier 2 WHPA.
F. Any change in land
use or activity that involves any PPS, as defined in Section VII, within any
WHPA, that is not prohibited pursuant to Section VI.D. or VI.E., shall
comply with the Best Management Practice Standards, as defined in Section
IX.
G. This Ordinance is
supplementary to other laws and Ordinances in this municipality. Where this
Ordinance or any portion thereof imposes a greater restriction than is
imposed by other regulations, the provisions of this Ordinance shall
supersede. These Rules and Regulations shall in no way effect the
limitations or requirements applicable in the underlying municipal land use
and zoning districts.
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SECTION VII. POTENTIAL POLLUTANT SOURCES LISTED
The following are
Major and Minor Potential Pollutant Sources (PPS) subject to the
requirements of this Ordinance. This listing is consistent with the
New Jersey Safe Drinking Water Act, N.J.A.C. 7:10-11.7 through
12.12.
A. Major PPSs include:
1) Permanent storage
or disposal of hazardous wastes, industrial or municipal sludge or
radioactive materials, including solid waste landfills.
2) Collection and
transfer facilities for hazardous wastes, solid wastes that contain
hazardous materials, and radioactive materials.
3) Any use or activity
requiring the underground storage of a hazardous substance or waste in
excess of an aggregate total of 50 gallons.
4) Underground fuel
and chemical storage and oil tanks regulated by NJDEP under provisions of
the Underground Storage of Hazardous Substances Act (N.J.S.A. 58:10A-21 et
seq.).
5) Above-ground
storage facility for a hazardous substance or waste with a cumulative
capacity greater than 2,000 gallons.
6) Any industrial
treatment facility lagoon.
7) Any facility with a
SIC Code number included under the New Jersey Safe Drinking Water Act
Regulations at N.J.A.C 7:10A-1.14, Table II(N), with a toxicity number of II
or greater. (See Appendix A.)
8) Automotive service
center (repair & maintenance).
9) Landfill.
10) Dry cleaning facility.
11) Road salt storage
facility.
12) Cemetery.
13) Highway maintenance
yard.
14) Truck, bus, locomotive
maintenance yard.
15) Site for storage and
maintenance of heavy construction equipment and materials.
16) Site for storage and
maintenance of equipment and materials for landscaping.
17) Livestock operation.
18) Quarrying and/or
mining facility.
19) Asphalt and/or
concrete manufacturing facility.
20) Junkyard/auto
recycling and scrap metal facility.
21) Residential or
agricultural motor fuel in NJDEP exempted underground storage tanks (i.e.,
under 1,000 gallons).
B. Minor PPSs include:
1) Underground storage
of hazardous substance or waste of less than 50 gallons.
2) Underground heating
oil storage tank with a capacity of less than 2,000 gallons.
3) Sewage treatment
facility.
4) Sanitary sewer
system, including sewer line, manhole, or pump station. (See conditions in
Section VII.C.)
5) Industrial waste
line. (See conditions in Section VII.C.)
6) Septic leaching
field.
7) Facility requiring
a ground water discharge permit issued by the NJDEP pursuant to N.J.A.C
7:14A et seq.
8) Stormwater
retention-recharge basin.
9) Dry well. (See
conditions in Section VII.C.)
10) Storm water line.
(See conditions in Section VII.C.)
11) Waste oil collection,
storage and recycling facility.
12) Agricultural chemical
bulk storage and mixing or loading facility including crop dusting
facilities.
13) Above-ground storage
of hazardous substance or waste in quantities of less than 2,000 gallons.
C. Conditions:
1) Sanitary sewer
lines, industrial waste lines and storm water lines may be located no closer
than 100 feet to a regulated well, and only if they are constructed of
watertight construction (that is steel, reinforced concrete, cast iron, PVC
or other suitable material).
2) Manhole and/or
connections to a sanitary sewer system are prohibited within 100 feet of a
regulated well.
3) Dry wells dedicated to roof runoff and serving residential
properties or commercial or industrial properties
with SIC codes not listed in
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SECTION VIII. BEST MANAGEMENT PRACTICE PERFORMANCE STANDARD
Any applicant
proposing any change in land use or activity that involves any PPS,
as defined in Section VII, that would be located either wholly or
partially within any WHPA shall comply with and operate in a manner
consistent with the following Best Management Practices:
A. All portions or
areas of a facility in which hazardous substances or hazardous wastes are
stored, processed, manufactured or transferred outdoors, shall be designed
so that the discharges of hazardous substances will be prevented from
overflowing, draining, or leaching into the ground water or surface waters.
B. Outdoor storage,
dispensing, loading, manufacturing or processing areas of hazardous
substances or hazardous wastes must be protected from precipitation,
stormwater flows or flooding.
C. Wherever hazardous
substances are stored, processed, manufactured or transferred outdoors, the
design features shall include secondary containment and/or diversionary
structures which may include but not be limited to:
1) Containers, dikes,
berms or retaining walls sufficiently impermeable to contain spilled
hazardous substances, for the duration of a spill event.
2) Curbing.
3) Gutter, culverts
and other drainage systems.
4) Weirs, booms and
other barriers.
5) Lined diversion
ponds, lined lagoons and lined retention basins, holding tanks, sumps, slop
tanks and other collecting systems.
6) Drip pans.
D. Secondary
containment and/or diversionary systems, structure or equipment must meet
the following standards:
1) The system must
block all routes by which spilled hazardous substances could be expected to
flow, migrate, or escape into the ground water or surface waters.
2) The system must
have sufficient capacity to contain or divert the largest probable single
discharge that could occur within the containment area, plus an additional
capacity to compensate for any anticipated normal accumulation of rainwater.
3) In order to prevent
the discharge of hazardous substances into ground water, all components of
the system shall be made of or lined with impermeable materials sufficient
to contain the substance for the duration of a spill event. Such material
or liner must be maintained in an impermeable condition.
4) No manufacturing
area, processing area, transfer area, dike storage area, or other storage
area, or secondary containment/diversion system appurtenant thereto shall
drain into a watercourse, or into a ditch, sewer, pipe or storm drain that
leads directly or indirectly into a surface or subsurface disposal area,
unless provision has been made to intercept and treat any spilled hazardous
substances in an NJDEP approved industrial wastewater treatment or
pre-treatment facility, or other NJDEP approved facility.
5) Catchment basins,
lagoons and other containment areas that may contain hazardous substances
should not be located in a manner that would subject them to flooding by
natural waterways.
E. Stormwater shall be
managed so as to prevent contamination of ground water, and so as to be in
accordance with applicable laws and regulations of the State of New Jersey,
and of [municipality].
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SECTION
IX. OPERATIONS AND CONTINGENCY PLAN
A. Any applicant
proposing any change in land use or activity that involves any PPS,
as defined in Section VII, that would be located either wholly or
partially within any WHPA shall submit an Operations and Contingency
Plan to the Administrative Authority. This Operations and
Contingency Plan shall inform the Administrative Authority about the
following aspects of the proposal:
1) Types of PPS
proposed for the site;
2) Types and
quantities of hazardous substances or hazardous wastes that may be used or
stored on site;
3) Means to be
employed to contain or restrict the spillage or migration of hazardous
substances or hazardous wastes from the site into ground water;
4) Means to be used to
contain or remediate accidental spillage of such materials;
5) Means to notify
administrative authority about any accidental spillage of such materials;
6) Demonstration that
the proposed use and/or activity would employ, to the maximum extent
possible, best management practices as set forth in Section VIII, to protect
ground water quality in the WHPA and minimize the risk of potential ground
water contamination.
B. The Administrative
Authority shall review, and shall approve or reject any Operations and
Contingency Plan prior to approving or denying the application for a land
use change or activity.
C. Any Operations and
Contingency Plan submitted shall be available for public review and comment.
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SECTION X. ENFORCEMENT
A prompt investigation shall be made by the appropriate
personnel of the Health Department of [municipality] , of any person
or entity believed to be in violation hereof. If, upon inspection,
a condition which is in violation of this Ordinance is discovered, a
civil action in the Special Part of the Superior Court, or in the
Superior Court, if the primary relief sought is injunctive or if
penalties may exceed the jurisdictional limit of the Special Civil
Part, by the filing and serving of appropriate process. Nothing in
this Ordinance shall be construed to preclude a municipality's
right, pursuant to N.J.S.A 26:3A-25, to initiate legal proceedings
hereunder in Municipal Court. The violation of any section or
subsection of this Ordinance shall constitute a separate and
distinct offense independent of the violation of any other section
or subsection, or of any order issued pursuant to this Ordinance.
Each day a violation continues shall be considered a separate
offense.
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SECTION XI. SEVERABILITY
If any section, sentence, clause or phrase of this Ordinance
is held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holdings shall in no way affect the validity
of the remaining portions of this Ordinance.
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SECTION XII. EFFECTIVE DATE
This Ordinance shall take effect upon
final adoption and publication in accordance with the law on [date].
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APPENDIX
A -
NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION
(NJ DEP) DELINEATIONS OF WELL HEAD PROTECTION AREAS
(WHPAs) AROUND PUBLIC COMMUNITY WATER SUPPLY WELLS
Excerpts from:
New Jersey Geological Survey, New Jersey Department
of Environmental Protection,
New Jersey Public Community Water Supply Well Head
Protection Areas, Edition 2,
Geospatial Data Presentation, New Jersey Digital
Data Series, DGS02-2, dated 18 June 2002.
Description of WHPAs:
A
Well Head Protection Area (WHPA) is an area
calculated around a Public Community Water Supply (PCWS)
well in New Jersey that delineates the horizontal
extent of groundwater captured by a well pumping at
a specific rate over two-, five-, and twelve-year
periods of time. The area of capture is defined
using line boundaries and polygon areas generated
with the ARC/INFO Geographic Information System
(GIS). GIS coverages are produced for each PCWS well
and for the set of all PCWS wells in a county using
the ARC/INFO UNION command on individual coverages.
WHPA delineation methods are described in
"Guidelines for Delineation of Well Head Protection
Areas in New Jersey (http://www.state.nj.us/dep/njgs/whpaguide.pdf).
An ARC/INFO point coverage of associated PCWS wells
is available as N.J. Geological Survey Digital
Geodata Series DGS97-1 (http://www.state.nj.us/dep/njgs/geodata/dgs97-1.htm).
Internet Address:<http://www.state.nj.us/dep/njgs/geodata/dgs02-2.htm>
NJDEP Data Distribution Agreement:
The Data provided herein are distributed subject to the
following conditions and restrictions.
I. Description of Data to be Provided: For all data
contained herein, NJDEP makes no representations of any kind, including, but
not limited to, the warranties of merchantability or fitness for a
particular use, nor are any such warranties to be implied with respect to
the digital data layers furnished hereunder. NJDEP assumes no responsibility
to maintain them in any manner or form.
II. Terms of Agreement:
1. Digital data received from the NJDEP are to be used
solely for internal purposes in the conduct of daily affairs.
2. The data are provided, as is, without warranty of any
kind and the user is responsible for understanding the accuracy limitations
of all digital data layers provided herein, as documented in the
accompanying cross-reference files (see Section 1.14 CROSS_REFERENCE). Any
reproduction or manipulation of the above data must ensure that the
coordinate reference system remains intact.
3. Digital data received from the NJDEP may not be
reproduced or redistributed for use by anyone without first obtaining
written permission from the NJDEP. This clause is not intended to restrict
distribution of printed mapped information produced from the digital data.
4. Any maps, publications, reports, or other documents
produced as a result of this project that utilize NJDEP digital data will
credit the NJDEP's Geographic Information System (GIS) as the source of the
data with the following credit/disclaimer: "This (map/publication/report)
was developed using New Jersey Department of Environmental Protection
Geographic Information System digital data, but this secondary product has
not been verified by NJDEP and is not state-authorized."
5. Users shall require any independent contractor, hired
to undertake work that will utilize digital data obtained from the NJDEP, to
agree not to use, reproduce, or redistribute NJDEP GIS data for any purpose
other than the specified contractual work. All copies of NJDEP GIS data
utilized by an independent contractor will be required to be returned to the
original user at the close of such contractual work. Users hereby agree to
abide by the use and reproduction conditions specified above and agree to
hold any independent contractor to the same terms. By using data provided
herein, the user acknowledges that terms and conditions have been read and
that the user is bound by these criteria.
Process Description:
The WHPA delineations were created using the methods outlined
in "Guidelines for Delineation of Well Head Protection Areas in New Jersey"
available as a download at <http://www.state.nj.us/dep/njgs/whpaguide.pdf>.
Coordinate files delineating each WHPA boundary were generated using a
custom MS-DOS program on-file at the offices of the N.J. Geological Survey.
The MS-DOS coordinate files are formatted as ARC/INFO coverages and contain
line attributes specifying each time of travel tier for groundwater to the
well. Each coverage was built as both a line and a polygon coverage having
both arc and polygon attributes for the three Time of Travel (TOT) tiers.
PCWS wells were located using a Global Positioning System (GPS). WHPA
delineations are considered to have an accuracy of plus or minus 40 feet in
any direction from the mapped location. WHPA delineations for wells
completed in the glacial sand and gravel aquifer were clipped to a custom
hydrologic boundary. Sand and gravel aquifers occur where deposits are more
than 50 feet thick. The hydrologic boundary is generated as a 2000 foot
buffer around the polygon representing the contact of the sand and gravel
aquifer for those areas where the aquifer is less than 50 feet thick. This
distance was selected based on an average distance between the 50 and 100
foot thickness contours of the sand and gravel aquifer. The aveage inter
contour distance was doubled to provide a conservative estimate of the
thickness variation. Therefore, any portion of the WHPA delineation that
lies beyond this extent is clipped
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