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• ORDINANCE NO. 16,1560 50
AN ORDINANCE AMENDING CHAPTER 36 OF THE
LITTLE ROCK CODE OF ORDINANCES TO REQUIRE A
CONDITIONAL USE PERMIT FOR HAZARDOUS AND
MEDICAL WASTE DISPOSAL FACILITIES LOCATED IN
THE CITY OF LITTLE ROCK, ARKANSAS; TO
PROVIDE FOR AN APPLICATION AND REVIEW
PROCEDURE; AND FOR OTHER PURPOSES.
WHEREAS, due to federal regulations encouraging the
development of innovative methods of disposing of hazardous and
medical waste, numerous companies are seeking permission to
locate waste disposal facilities in various parts of the United
States; and
WHEREAS, hazardous and medical waste disposal companies may
seek to locate such facilities within the City of Little Rock,
Arkansas; and
WHEREAS, the City is authorized, pursuant to Ark. Code Ann.
§ 14 -56 -416 (1987), to enact a zoning ordinance providing, among
other things, for matters as are necessary to the health,
safety and general welfare of the City; and
WHEREAS, applicants seeking a permit from the Arkansas
Department of Pollution Control & Ecology for operation of a
solid waste disposal facility must seek site approval from the
affected local government pursuant to the Arkansas Solid Waste
Management Code; and
WHEREAS, municipalities are subject to the provisions of
the Comprehensive Environmental Response, Compensation, and
Liability Act ("CERCLA °), 42 U.S.C. § 9601, et seq., and the
Superfund Amendments and Reauthorization Act of 1986 ( °SARA°).
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
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1 SECTION 1.41itle. Chapter 36 of the Little Rock, Ark. Rev.
2 Code (1988) is hereby amended to add a new Article XI entitled
3 the Hazardous and Medical Waste Disposal Facility Zoning
4 Ordinance. Except to the extent of a conflict with the
5 provisions of this ordinance, the application, submission and
6 review of conditional uses set forth in Little Rock, Ark. Rev.
7 Code § §36 -101 -- 125 (1988) shall apply.
8 SECTION 2. Purpose and Construction. The purpose of this
9 ordinance is to provide for an application and review procedure
10 for the issuance of a conditional use permit for any person
11 seeking to locate a hazardous or medical waste disposal facility
12 within the City of Little Rock, Arkansas, and zoned areas within
13 its statutory three -mile extraterritorial jurisdiction. This
ordinance is to be liberally construed consistent with Arkansas
14
statutes and federal law applicable to the disposal of hazardous
15
16 or medical waste.
SECTION 3. Authority. This ordinance is enacted pursuant to
17
18 the authority of the City to engage in planning and zoning, as
set forth in Ark. Code Ann. § 14 -56 -416 (1987).
19
SECTION 4. Definitions.
20
(a) "Disposal Facility" means any land and
21
appurtenances thereon and thereto, used for the treatment,
22
storage, or disposal by any means of hazardous or medical waste,
23
excluding a crematorium;
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(b) °Disposal Site" means any place in which hazardous
25
or medical waste is dumped, abandoned, accepted or disposed of
26
for final disposition by incineration, microwaving, landfilling,
27
composting, or any other method, excluding a crematorium;
28
(c) "District zoned for residential usesn means an
29
area of the City and its extraterritorial jurisdiction as
30
designated on the official zoning map which authorizes the use
31
of land or buildings primarily for dwelling units. This
32
definition includes all residential, planned residential and
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multifamily districts.
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(d) ^hazardous Waste^ means any waste or combination rJ 2
1
2 of wastes of a solid, liquid, contained gaseous, or semisolid
3 form which, because of its quantity, concentration or physical,
4 chemical or infectious characteristics, may in the judgment of
the Arkansas Department of Pollution Control and Ecology: (1)
5
5 cause or significantly contribute to an increase in mortality or
7 an increase in serious irreversible or incapacitating reversible
$ illness or injury; or (2) pose a substantial present or
9 potential hazard to human health or the environment when
10 improperly treated, stored, transported or disposed of, or
11 otherwise improperly managed. Such wastes include, but are not
12 limited to those which are radioactive, toxic, corrosive,
13 flammable, irritants, or strong sensitizers or those which
14 generate pressure through decomposition, heat, or other means;
15 (e) ^Incineration^ means a controlled process by which
16 solid, liquid and gaseous combustible wastes are burned and
17 changed into gases and a residue produced which is relatively
free of combustible materials;
is
(f) ^Incinerator^ means all devices intended or. used
19
for the reduction or destruction of solid, liquid or gaseous
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wastes;
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(g) ^Occupied Structure^ means a building or other
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structure:
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(1) where any person lives or carries on a
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business or other calling; or
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(2) where people assemble for purposes of
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business, government, education, religion,
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entertainment or public transportation; or
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(3) which is customarily used for overnight
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accommodation of persons whether or not a person
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is actually present. Each unit. of an structure
31
divided into separate units designed for occupancy
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is itself an occupied structure; or
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(4) which has not yet been constructed or
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completed but for which a building permit where
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2 applicable has been issued by the City and is
valid on the date the application for the
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4 conditional use permit is filed.
(h) °Person" means any individual,..corporation, firm,
5
5 partnership, association, trust, venture, or other legal entity,
7 however organized;
8 (i) °Medical Waste° is solid, semisolid or liquid
9 waste. and includes isolation waste, infectious agents,
10 pathological waste, human or animal blood and blood products,
11 sharps and nonsharps, human or animal body parts, contaminated
12 bedding, surgical wastes and other contaminated disposable
13 medical equipment and material that may pose a risk to the
14 public health or welfare.
15 (j) °Transportation of Waste" means the movement of
hazardous or medical waste from the point of generation to any
16
17 intermediate points, or to the point of ultimate storage,
18 treatment or disposal if such points are not on the property of
the generating entity.
19
SECTION S. Permit Required. No person shall engage in the
20
operation of a hazardous or medical waste disposal facility
21
within the City of Little Rock and its extraterritorial
22
jurisdiction without first having obtained a conditional use
23
permit as described herein. In no event shall a permit be issued
24
to allow the operation of a hazardous waste disposal facility
25
within one -half mile of .an occupied structure or. district zoned
26
for residential uses on the date of the application for the
27
permit. Medical waste disposal facilities shall not be permitted
28
to operate within one thousand (1,000) feet of an occupied
29
structure or district zoned for. residential uses on the date of
30
the application for the permit. Disposal facilities approved
31
under this ordinance shall only be allowed in districts zoned
32
I -2 or I -3, subject to the spacing requirements which shall be
33
measured from the property line of the proposed facility. No
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1 conditional use permit issued pursuant to this chapter shall rJ
2 become effective until the applicable permits submitted.to PC &E
3 have been granted. Actual construction of the disposal facility
4 shall commence within one (1) year of the date of final approval
5 of the conditional use permit or the permit shall-be revoked.
6 SECTION 6. Application Procedure - Hazardous Waste Disposal
7 Facility. Each person seeking a conditional use permit to
8 operate a hazardous waste disposal facility shall file an
9 application with the City department designated by the City
10 Manager and.provide the following information:
11 (a) At least thirty (30) days prior to filing, the
12 applicant shall send notice of intent to apply
for a conditional use permit. The notice shall
13
be sent by certified mail to all property
14
owners within one -half mile of the proposed
15
15 disposal facility. For purposes of this
17 requirement, a list of property owners in a
certified abstract obtained from an abstract
18
19 company will suffice. Proof of notice shall be
submitted with the application to the City;
20
(b) In addition to the submission requirements of
21
Little Rock, Ark. Rev. Code § 36 -103 (1988),
22
the applicant shall provide a full and
23
complete legal description and site survey of
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the land where the disposal facility is to be
25
located, including a map with overlay of the
26
official zoning map and the adopted land use
27
plan of the area in question on the effective
28
date of the application, demonstrating that
29
the proposed disposal facility will not be
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located within. one -half mile of an occupied
31
structure or district zoned for, residential
32
uses on the date of the application;
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(c) A copy of the application or draft of
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application for permit submitted to the
Arkansas Department of Pollution Control and
Ecology (PC &E). A draft is sufficient to the
extent that it provides all information
required by PC &E in accordance with the
Arkansas Hazardous Waste Disposal Act and
Arkansas Hazardous Waste Management Code; and
(d) Proof of title to the property where the
proposed disposal facility is to be
constructed; in lieu of record title, the
applicant may submit evidence'of an agreement
to purchase the property for use as a
hazardous waste disposal facility;
(e) Information sufficient to establish that the
utility requirements of the facility are
currently met and will be sufficient to
provide extraordinary service in the event of
an accident.' .
SECTION 7. Public Hearing - Hazardous Waste Disposal
Facility.
(a) Once an application has been accepted and the
appropriate fees paid pursuant to Little Rock,
Ark., Rev. Code Sec. 23 -3 (1988), notice of the
date of a public hearing by the City regarding the
application for the permit shall be given by the
applicant via regular mail to.each property owner
described in Sec. 6(a). If any. hearing is
postponed, a new notice must be sent by regular
mail.
(b) At the public hearing, comments from the public in
support of or opposition to the disposal facility
will be recorded and forwarded by the City to
PC &E. The hearing will also establish for the
record the information required pursuant to
A
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Section 6.
1
(c) If failure to notify is established at the public
2
hearing by a preponderance of the evidence, then
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the hearing shall be recessed, certified notice of
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the next hearing date given by the applicant, and
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a full public hearing held on that date.
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SECTION 8. Approval of Hazardous Waste Disposal Facility
7
Permit. If the application submitted pursuant to Section.6 is
8
found by the Little Rock Planning Commission to be in compliance
9
with this ordinance in all respects, and the Planning Commission
10
determines that use of the property for the purpose described in
11
the application is consistent with a coordinated, adjusted and
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harmonious development of the City and its environs, the
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conditional use permit shall be granted subject to approval of
14
the applicant's request for a permit from PC &E. The Planning
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Commission shall not vary any of the provisions of this article.
1
However, the Planning Commission shall retain the discretion and
17
responsibility in reviewing the appropriateness of the proposed
18
land use as provided in Little Rock, Ark., Rev. Code §§ 36 -105,
19
36 -106, 36 -107 and 36 -108 (1988). If any of the applicable
20
federal, state or local permits or amended permits to operate
21
are denied, suspended or revoked at any time, the permit issued
22
pursuant to this ordinance shall automatically be revoked and a
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new permit shall be obtained prior to continuing operation. A
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new application shall not be denied solely on the basis that an
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occupied structure or district zoned for residential uses ,came
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into existence within the spacing requirement subsequent to the
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approval of the original permit.
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SECTIOPd 9. Application Procedure -- Medical Waste Disposal
29
Facility. Each person seeking a conditional use permit to
30
operate a medical waste disposal facility shall file an
31
application with the City department designated by the City
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Manager and provide the following information:
33
(a) At least thirty (30) days prior to filing, the
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applicant shall send notice ointent to apply for
1
a conditional use permit. The notice shall be sent
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by certified mail to all property owners within
3
one thousand (1,000) feet of the proposed disposal
4
facility. For purposes of this requirement, a list
5
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of property owners in a certified abstract
obtained from an abstract company will suffice.
7
Proof of notice shall be submitted with the
8
application to the City;
9
(b)
In addition to the submission requirements of
10
Little Rock, Ark. Rev. Code § 36 -103 (1988), the
11
applicant shall provide a full and complete legal
12
description and site survey of the land where the
13
disposal facility is to be located, including a
14
map with overlay of the official zoning map and
15
the adopted land use plan of the area in question
16
on the effective date of the application,
17
demonstrating that the proposed disposal facility
18
will not be located within one thousand (1,000)
19
feet of an occupied structure or district zoned
20
'
for residential uses on the date of the
21
application;
22
(c)
A copy of the application or draft of application
23
for permit submitted to the Arkansas Department of
24
Pollution Control and Ecology (PC &E). Subject to
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the provisions of Section 5 of this article, a
26
draft is sufficient to the extent that it provides
27
all information required by PC &E in accordance
28
with the Arkansas Solid Waste Management Code;
29
(d)
Proof of title to the property where the proposed
30
disposal 'facility_ is to be located. In lieu of
31
record title, the applicant may submit evidence of
32
an agreement to purchase the property for use as a
33
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medical waste disposal facility;
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establish
(e)
In• ation sufficient to that the
1
utility requirements of the facility are currently
2
met and will be sufficient to provide
3
extraordinary service in the event of an accident;
4
(f)
Proposed use of facility and design to accomplish
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the use;
6
(g)
Proposed days and hours of operation;
7
(h)
Proposed emergency preparedness plan, including a
8
detailed list of all City services which may be
9
required in the event of an emergency. Such plan
to
shall also contain a description of emergency
11
procedures, safety and security precautions that
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will be implemented at the facility, details on
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emergency assistance and medical treatment that
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may be required of the area's medical facilities,
5
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fire, police and ambulance service;
1
(i)
Proposed maintenance schedule;
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(j)
Identity of contractors retained to build the
18
facility and proof of any license required by Ark.
19
Code Ann. § 17 -22 -101, et seq. (Supp. 1991).
20
SBCTIOAT
10. Public Hearing -- Medical Waste Disposal
21
Facility.
22
(a)
Once an application has been accepted and
23
appropriate fees paid pursuant to Little Rock,
24
Ark., Rev. Code § 23 -3 (1988), notice of the date
25
of a public hearing by the City regarding the
26
application shall be given by the applicant via
27
regular mail to each property owner described in
28
Section 9 (a). If any hearing date is postponed, a
29
new notice must be sent by regular mail.
30
(b)
At the public hearing comments from the public in
31
support of or opposition to the disposal facility
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will be recorded and forwarded by the City to
33
PC &E. The hearing will also establish for the
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record the information r• ired pursuant to
Section 9.
(c) If failure to notify is established at the public
hearing by a preponderance of the evidence, then
the hearing shall be recessed, certified notice of
the next hearing date given by the applicant and a
full public hearing held on that date.
SECTION 11. Approval of Medical or Solid Waste Disposal
Facility Permit. If the application submitted pursuant to
Section 9 is found by the Little Rock Planning Commission to be
in compliance with this ordinance in all respects, and the
Planning Commission determines that use of the property for the
purpose described in the application is consistent with a
coordinated, adjusted and harmonious development of the City and
its environs, the conditional use permit shall be granted
subject to approval of the applicant's request for a permit from
PC &E. The Planning Commission shall not vary the provisions of
this article. However, the Planning Commission shall retain the
discretion and responsibility in reviewing the appropriateness
of the proposed land use as provided in Little Rock, Ark., Rev.
Code §§ 36 -105, 36 -106, 36 -107 and 36-108 (1988). If any of the
applicable federal, state or local, permits or amended permits to
operate are denied, suspended or revoked at any time, the permit
issued pursuant.to this ordinance shall automatically be revoked
and a new permit shall be obtained prior to continuing
operation. A new application shall not be denied solely on the
basis that an occupied structure or district zoned for
residential uses came into existence within the spacing
requirement subsequent to the approval, of the original permit.
SECTION 12. Appeal. Applicants or record objectors
aggrieved by the decision of the Planning Commission may file an
appeal with the Board of Directors in accordance with the
provisions of Little Rock, Ark. Rev. Code § 36 -101 (1988).
SECTION 13. Transportation of Waste. Any person granted a
glue
I conditional use permit under the authority f this ordinance 60
2 which will require the transportation of hazardous or medical
3 waste to or from a disposal facility shall assure that such
4 transportation is via an arterial roadway on a route calculated
5 to minimize travel through residential areas. Any transportation
6 of waste pursuant to this chapter shall comply with rules and
7 regulations promulgated by the Arkansas State Highway and
8 Transportation Department or other responsible state or federal
9 agencies. A violation of this section shall be grounds for
10 revocation-of the conditional use permit.
11 SECTION 14. Method of Waste Disposal. Before granting a
12 conditional use permit pursuant to this article, the Planning
13 Commission shall find that the method of waste disposal.proposed
14 is consistent with a coordinated, adjusted and harmonious
15 development of the city and its environs. The Planning
16 Commission shall give greater weight to applicants who establish
17 by a preponderance of the evidence that state -of- the -art
18 technology has been or will be employed in the design and
19 construction of the disposal facility such that it will not
20 adversely affect, environmentally or otherwise, other property
21 in the area where the proposed disposal facility is to be
22 located.
SECTION 15. Fee Schedule. A privilege license fee schedule,
23
24 set forth in Chapter 17 of the Little Rock, Ark. Rev. Code
25 (1988), shall be applicable to all persons operating hazardous
26 and medical waste disposal facilities within the City of Little
27 Rock. Payment of this fee is a prerequisite to maintaining a
28 permit issued herein.
29 SECTION 16. Inspections. Applicants agree. that as a
30 condition of the permit, all disposal facilities described
31 herein shall be subject to inspection at all reasonable times.by
32 inspectors retained by the City to assure compliance with this
33 article and all other applicable City codes.
34 SECTION 17. Applicability. This ordinance shall apply to
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all hazardous an? medical waste disposal facilities proposed to
1
be built from and after the effective date of this ordinance.
2
This ordinance shall not apply to existing disposal facilities
3
operated by an entity for the purpose of disposing of waste as
4
currently generated on the date of the ordinance by such entity
5
on its premises. Further, this ordinance shall not apply to
6
renovations to existing disposal facilities, either. through
7
modification or additional construction, provided that such
8
renovations are for the purpose of:
9
(a) Complying with regulations or standards imposed by
10
local, state or federal governmental agencies; or
11
(b) Adding additional disposal capacity to an existing
12
facility due to increased generation of waste by
13
the entity on its current .premises or land
14
contiguous with its current premises.
15
SECTION 18. Severability. In the event any portion of this
16
ordinance is declared or adjudged to be invalid or
17
unconstitutional, such declaration or adjudication shall not
18
affect the remaining portions of this ordinance', which shall
19
remain in full force and effect as if the portion so declared or
20
adjudged invalid or unconstitutional was not originally a part
21
of this ordinance.
22
SECTION 19. Declaring,an emergency. It is hereby .found and
23
declared that the disposal of hazardous or medical waste may be
24
detrimental to the residents of the City if the location of such
25
facility is not reviewed and conditioned in the manner
26
prescribed herein. Therefore, this ordinance is necessary to
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protect the public health, safety, and welfare, and shall be in
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full force and effect from and after its passage and approval.
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PASSED: January
21, 1992
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ATTEST:
WVED:
APFR
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ST
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CITY CLERK
MAYOR
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APPROVED AS TO
FORM:
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OMA.S M. zNrmw
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CITY ATTORNEY
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