HomeMy WebLinkAboutBy-law No. 2001-087 By-law No. 2001-87
THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM
BY-LAW 2001- 87
BEING A BY-LAW TO PROVIDE FOR THE
REGULATION OF THE DISCHARGE OF WASTES
INTO THE PUBLIC SEWAGE WORKS
WHEREAS Paragraph 150 of Section 210 of the Municipal Act R.S.O. 1990, M.45 provides in
part that by-laws may be passed by Councils of local municipalities for prohibiting, regulating and
inspecting the discharge of wastes into the public sewage works within the municipality;
THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
Section I
DEFINITIONS
1.1 In this By-law:
B.O.D.—defined
Coliform count—defined
Composite sample—defined
Concentration—defined
Discharge—defined
Grab sample—defined
Person—defined
pH—defined
Phenolic compounds—defined
Public sewage works—defined
Sanitary sewer--defined
Standard methods—defined
Storm sewer—defined
Storm water—defined
Suspended solids—defined
Waste—defined
Water/Wastewater Superintendent—defined
Section II
GENERAL PROVISIONS
2.1 Administration—by Water/Wastewater Superintendent
2.2 Entry—on private property—identification—required
2.3 Entry—into dwelling--limitation
2.4 Sample—composite—grab—single—sufficient
Section III
PROHIBITIONS--DISCHARGES—TO SANITARY SEWERS
3.1 discharge—other than 1 sewer—prohibited
3.2 temperature—greater than 55 degrees Celsius
3.3 fat—oil—grease—origin--animal—vegetable
3.4 oil—grease—origin—animal—vegetable
3.5 pH—range—6.0 to 10.5
3.6 matter--harmful—to sewage works
3.7 matter—harmful to persons
3.8 B.Q.D. —exceeding 300 mg/1
3.9 suspended solids—exceeding 350 mg/1
3.10 concentrations—maximums
3.11 discharge—prohibited waste—permission—conditions
By-law No.2001-87
3.12 waste system-installation-details-required
Section IV
PROHIBITIONS-DISCHARGES --TO STORM SEWERS
4.1 storm water-discharge-into storm sewer
4.2 temperature-greater than 55 degrees Celsius
4.3 fat-oil-grease-origin-animal-vegetable
4.4 fat-oil-grease--origin-non-animal-non-vegetable
4.5 pH-range-6.0 to 10.5
4.6 B.Q.D. -5-day count-exceeding 15 mg/1
4.7 suspended solids-concentrations-exceeding 15 mg/1
4.8 coliform count-exceeding 2,400 per 100 nil
4.9 concentrations-maximum
Section V
PROHIBITIONS-DISCHARGES TO PUBLIC SEWAGE WORKS
5.1 chemicals-pesticides-herbicide-other-prohibited
5.2 toxic corrosive-radioactive-flammable-prohibited
5.3 sulphur-matter causing offensive odour-prohibited
5.4 solids-larger than 6.7 mm square-prohibited
5.5 storm water-meeting requirements-discharged
Section VI
COMMERCIAL INSTITUTIONS INDUSTRIAL PREMISES
6.1 grease-sand-dirt-interceptors-screening devices
6.2 screening device-installed-maintained-as required
6.3 manhole-alternative-installed-maintained
6.4 manhole-other-design-construction-maintenance
6.5 manhole-failure to install-maintain-prohibited
6.6 manhole-accessible-at all times
6.7 monitoring devices-reports-required-by Water/Wastewater Superintendent
6.8 monitoring devices-reports-failure to provide
6.9 default of duty-expense-recovery-by Municipality
6.10 charge-lien on land-collected as taxes
Section VII
ENFORCEMENT
7.1 fine-for contravention
7.2 fine-for contravention-corporation
7.3 continuation-repetition-prohibited-by order
Section VIII
ENACTMENT
8.1 Effective date
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SHORT TITLE
WASTE DISCHARGE BY-LAW
Part
DEFINITIONS
1.1 Definitions
In this by-law:
B.O.D.—defined
"B.O.D." (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in
biochemical oxidation of organic matter in five (5) days at twenty (20) degrees Celsius,
expressed in milligrams per litre.
Coliform count—defined
"coliform count" shall mean the number of all coliform bacteria expressed in number of coliform
bacteria per 100 millilitres of solution.
Composite sample—defined
"composite sample" shall mean a sample which is composed of a series of grab samples taken at
intervals during the sampling period.
Concentration—defined
"concentration" shall mean the content of any element or compound relative to the total volume
in which it is contained.
Discharge—defined
"discharge" includes the acts of failing to prevent escape, emitting and releasing.
Grab sample—defined
"grab sample" is a portion of the flow being sampled,taken at one particular time and place.
Person—defines
"person" includes an individual, association, partnership, corporation,municipality,provincial or
federal agency, or an agent or employee thereof.
pH—defined
"pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per litre
of solution.
Phenolic compounds—defined
"phenolic compounds" shall mean any hydroxy derivative of benzene, or its condensed nuclei.
Public sewage works--defined
"public sewage works" shall mean all sewers, sewage systems, sewage pumping stations, sewage
treatment plants and other works for the collection, acceptance, transmission, treatment and
disposal of storm water and liquid-borne wastes.
Sanitary sewer—defined
"sanitary sewer" shall mean that part of the public sewage works for the transmission of liquid-
borne wastes.
Standard methods—defined
"standard methods" shall mean a procedure set out in Standard Methods for the Examination of
Water and Wastewater published jointly by the American Public Health Association, American
Water Works Association and Water Pollution Control Federation, the edition currently in use at
the date of testing by the City or any agent testing on the City's behalf, or a procedure published
by the Ontario Ministry of the Environment, as a standard method or the equivalent of a standard
method.
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Storm sewer—defined
"storm sewer" shall mean a sewer, open channel,ditch or depression the purpose of which is to
carry storm water.
Storm water—defined
"storm water" shall mean surface and rain water,melted snow and ice, swimming pool drain
water, uncontaminated water carried in underground drains and groundwater.
Suspended solids—defined
"suspended solids" shall mean undissolved or insoluble total suspended matter which is borne by
a liquid or contained in waste.
Waste—defined
"waste" includes all manner of liquids and liquid-borne matter, but does not include storm water
entering a sewer.
Part 2
GENERAL PROVISIONS
2.1 Administration—by Water/Wastewater Superintendent
This by-law shall be administered by the Water/Wastewater Superintendent or his designate.
2.2 Entry—on private property—identification—required
For the purpose of the administration of this by-law, the Water/Wastewater Superintendent or his
designate may, upon production of identification, enter onto any land or premises to observe, to
measure the flow of waste or storm water to any sewer and to collect any samples as required.
2.3 Entry—into dwelling—limitation
Except under the authority of a search warrant issued under section 158 of the Provincial
Offences Act, R.S.O. 1990, c. P. 33, as amended, the Water/Wastewater Superintendent shall not
enter any place or room actually used as a dwelling without requesting and obtaining the consent
of the occupier, first having informed the occupier that the right of entry may be refused and
entry made only under the authority of a search warrant.
2.4 Sample—composite—grab—single—sufficient
Where a sample is required for the purpose of determining the characteristics or contents of the
waste or storm water to which reference is made in this by-law:
(a) one sample alone is sufficient and, without limiting the generality of the
foregoing, the sample may be a grab sample or a composite sample, may contain
additives for its preservation and may be collected manually or by using an
automatic sampling device;
(b) except as otherwise specifically provided in this by-law, all analytical tests,
measurements, analyses and examinations of sewage, uncontaminated water and
storm water, shall be carried out in accordance with standard methods;
(c) for each one of the metals whose concentration is limited under the regulations
contained in this by-law, the analysis shall be for the quantity of total metal,
which includes all metal both dissolved and particulate.
Part 3
PROHIBITIONS—DISCHARGES—TO SANITARY SEWERS
3.1 Discharge—other than in sewer—prohibited
Unless permitted to do otherwise under this by-law, no person shall fail to ensure that waste is
discharged into a sanitary sewer.
3.2 Temperature—greater than 55 degrees Celsius
No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in
sanitary sewers, waste which is at a temperature in excess of fifty-five (55) degrees Celsius, or
one hundred thirty-one (131)degrees Fahrenheit.
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3.3 Fat—oil—grease—origin—animal—vegetable
No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in
sanitary sewers, waste which contains more than 100 milligrams per litre of fat, oil, grease or
other matter of animal or vegetable origin.
3.4 Oil—grease—origin—non-animal—non-vegetable
No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in
sanitary sewers, waste which contains more than 15 milligrams per litre of oil, grease, and tar or
other matter of other than animal or vegetable origin.
3.5 pH—range—6.0 to 10.5
No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in
sanitary sewers, waste which has a pH lower than 6.0 or greater than 10.5 or which due to its
nature or content, becomes less than 6.0 or greater than 10.5 during transmission to a sewage
treatment plant.
3.6 Matter—harmful—to sewage works
No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in
sanitary sewers, waste which may be or may become harmful to the public sewage works.
3.7 Matter—harmful—to persons
No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in
sanitary sewers, waste which may be or may become harmful to persons.
3.8 B.O.D. —exceeding 300 mg/1
No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in
sanitary sewers,waste which has a five day B.O.D. exceeding 300 milligrams per litre.
3.9 Suspended solids—exceeding 350 nig/1
No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in
sanitary sewers, waste which contains more than 350 milligrams per litre of suspended solids.
3.10 Concentrations—maximums
No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in
sanitary sewers,waste which contains a concentration of:
(a) Aluminum, expressed as Al, in excess of 50 milligrams per litre;
(b) Arsenic, expressed as As, in excess of 1.0 milligram per litre;
(c) Barium, expressed as Be, in excess of 5 milligrams per litre;
(d) Beryllium,expressed as Be,in excess of 5 milligrams per litre;
(e) Cadmium, expressed as Cd, in excess of 3 milligrams per litre;
(f) Chloride, expressed as Cl, in excess of 1,500 milligrams per litre;
(g) Chromium, expressed as Cr, in excess of 5 milligrams per litre;
(h) Copper, expressed as Cu, in excess of 5 milligrams per litre;
(i) Cyanide, expressed an CN , in excess of 2.0 milligrams per litre;
(j) Fluoride, expressed as F, in excess of 10 milligrams per litre;
(k) Iron, expressed as Fe,in excess of 50 milligrams per litre;
(1) Lead, expressed as Pb, in excess of 5 milligrams per litre;
(m)Manganese, expressed an Mn, in excess of 5 milligrams per litre;
(n) Mercury,expressed an Hg,in excess of 0.1 milligrams per litre;
(o) Molybdenum, expressed as Mo, in excess of 5 milligrams per litre;
(p) Nickel, expressed an Ni, in excess of 5 milligrams per litre;
(q) Phenolic compounds, in excess of 1.0 milligrams per litre;
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(r) Phosphorus, expressed as P, in excess of 10 milligrams per litre;
(s) Selenium, expressed as Se, in excess of 5 milligrams per litre;
(t) Silver, expressed Ag, in excess of 2 milligrams per litre;
(u) Sulphates, expressed as SO4, in excess of 1,500 milligrams per litre;
(v) Sulphides, expressed as s,in excess of 2 milligrams per litre;
(w)Tin, expressed an Sn, in excess of 5 milligrams per litre;
(x) Zinc,expressed as Zn,in excess of 5 milligrams per litre.
3.11 Discharge—prohibited waste—permission—conditions
The Water/Wastewater Superintendent may permit the discharge of waste which has a five-day
(5) B.O.D. exceeding 300 milligrams per litre and/or contains more than 350 milligrams per litre
of suspended solids and/or contains more than 10 milligrams per litre of phosphorous, into a
sanitary sewer, notwithstanding any other section of this by-law:
(a) if the land from which the wastes are to be discharged is equipped with the following
inspection facilities and apparatus, to the satisfaction of the Water/Wastewater
Superintendent
(i) a flow measuring, sampling and recording device within a compartment which
may be kept locked by the municipality and to which no other person shall
have access, at a point between the public sewage works and the outlet of all
plumbing systems serving the land; and
(ii) an observation manhole,having a diameter of not less than 1.2 metres located
so as to permit inspection of all wastes being discharged into the public
sewage works from the land;
(b) and if the public sewage works, in the opinion of the Water/Wastewater
Superintendent is capable of accepting the waste;
3.12 Waste system—installation—details—required
Details of the construction and operation of any system:
(a) which is used to intercept or control the discharge of wastes into the public sewage
works; or
(b) which is used to provide treatment of wastes, shall be furnished to the Chief Building
Official and Water/Wastewater Superintendent upon installation of the system or at
the request of the Chief Building Official or Water/Wastewater Superintendent
Section IV
PROHIBITIONS—DISCHARGES—TO STORM SEWERS
4.1 Storm water—discharge—into storm sewer
Unless permitted to do otherwise under this by-law, no person shall fail to ensure that storm
water is discharged into a storm sewer.
4.2 Temperature—greater than 55 degrees Celsius
No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in a
storm sewer, storm water which is at a temperature in excess of fifty-five (55) degrees Celsius, or
one hundred thirty-one (131) degrees Fahrenheit.
4.3 Fat—oil—grease—origin—animal—vegetable
No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in a
storm sewer, storm water, which contains more than 15 milligrams per liter of fat, oil, grease, or
other matter of animal or vegetable origin.
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4.4 Fat—oil—grease—origin—non-animal—non-vegetable
No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in a
storm sewer, storm water which contains more than 15 milligrams per litre of fat, oil, grease, or
other matter of other than animal or vegetable origin.
4.5 pH—range—6.0 to 10.5
No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in a
storm sewer, storm water which has a pH lower than 6.0 or greater than 10.5.
4.6 B.O.C.—5-day count—exceeding 15 mgll
No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in a
storm sewer, storm water which contains matter which raises the 5 day B.O.D. to greater than 15
milligrams per litre.
4.7 Suspended solids—concentrations—exceeding 15 mg/i
No person shall discharge or deposit of cause or permit to be discharged or deposited,into or in a
storm sewer, storm water which contains suspended solids at a concentration in excess of 15
milligrams per litre.
4.8 Coliform count—exceeding 2,400 per 100 ml
No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in a
storm sewer, storm water which contains organic matter which raises the coliform count to
greater than 2,400 per 100 milliliters of volume.
4.9 Concentrations—maximum
No person shall discharge or deposit, or cause or permit to be discharged or deposited, into or in
a storm sewer, storm water which contains a concentration of:
(a) Aluminum, expressed as Al, in excess of 1.0 milligrams per litre;
(b) Arsenic, expressed as As, in excess of 0.2 milligram per litre;
(c) Barium, expressed as Be, in excess of 0.1 milligrams per litre;
(d) Beryllium, expressed as Be,in excess of 1.0 milligrams per litre;
(e) Cadmium, expressed as Cd, in excess of 0.008 milligrams per litre;
(f) Chlorides, expressed as Cl, in excess of 1,500 milligrams per litre;
(g) Chlorine, expressed as C12 in excess of 1.0 milligrams per litre;
(h) Chromium, expressed as Cr, in excess of 0.2 milligrams per litre;
(i) Copper, expressed as Cu, in excess of 0.04 milligrams per litre;
(j) Cyanide, expressed an CN , in excess of 0.1 milligrams per litre;
(k) Fluoride, expressed as F, in excess of 2.0 milligrams per litre;
(1) Iron, expressed as Fe, in excess of 1.0 milligrams per litre;
(m)Lead, expressed as Pb, in excess of 0.12 milligrams per litre;
(n) Manganese, expressed an Mn, in excess of 1.0 milligrams per litre;
(o) Mercury, expressed an Hg, in excess of 0.001 milligrams per litre;
(p) Nickel, expressed an Ni, in excess of 0.08 milligrams per litre;
(q) Phenolic compounds, in excess of 0.02 milligrams per litre;
(r) Phosphorus, expressed as P, in excess of 0.4 milligrams per litre;
(s) Selenium, expressed as Se,in excess of 0.2 milligrams per litre;
(t) Silver, expressed Ag, in excess of 0.12 milligrams per litre;
(u) Sulphates,expressed as SO4, in excess of 1,500 milligrams per litre;
(v) Tin, expressed an Sn, in excess of 1.0 milligrams per litre;
(w)Zinc, expressed as Zn, in excess of 0.05 milligrams per litre.
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Section V
PROHIBITIONS—DISCHARGES—TO PUBLIC SEWAGE WORKS
5.1 Chemicals—pesticides—herbicide—other—prohibited
No person shall discharge or deposit or cause or permit to be discharged or deposited, matter of a
kind listed below into a public sewage works:
(a) Pesticide
(b) Herbicide
(c) Fuel oil
(d) Gasoline
(e) Benzene
(f) Naphtha
(g) Acetone
(h) Ammonia
(i) Carbon disulphide
(j) Chlorine
(k) Bromine
(I) Trichloroethylene or perchloroethylene
(m)Sulphur dioxide
(n) Pyridine
(o) Formaldahyde
5.2 Toxic corrosive—radioactive—flammable—prohibited
No person shall discharge or deposit or cause or permit to be discharged or deposited, into a
public sewage works, matter which has toxic, corrosive, radioactive, flammable or noxious
properties.
5.3 Sulphur—matter causing offensive odour—prohibited
No person shall discharge or deposit or cause or permit to be discharged or deposited, into a
public sewage works, matter that may cause an offensive odour to emanate from the public
sewage works, and without limiting the generality of the foregoing, the discharge of any
concentration of hydrogen sulphide, carbon disulphide, reduced sulphur compounds, amines or
ammonia.
5.4 Solids--larger than 6.7 mm square—prohibited
No person shall discharge or deposit or cause or permit to be discharged or deposited, into a
public sewage works, waste or storm water containing any matter which will not pass through a
screen having openings not larger than 6.7 millimetres square.
5.5 Coloured matter—concentration—dilution factor
No person shall discharge or deposit or cause or permit to be discharged or deposited, into a
public sewage works, waste or storm water containing coloured matter, which would require a
dilution in excess of four (4) parts of distilled water to one (1) part of such waste or storm water
to dissipate the colour.
5.6 Storm water—meeting requirements—discharged
Waste which meets the requirements of this by-law concerning storm water may be deemed by
the Drainage Superintendent and Water/Wastewater Superintendent to be storm water and shall
be discharged into a storm sewer.
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Section VI
COMMERCIAL INSTITUTIONS INDUSTRIAL PREMISES
6.1 Grease—sand—dirt—interceptors—screening devices
The Water/Wastewater Superintendent may require the owner or occupant of commercial,
institutional or industrial premises with one or more connections to the public sewage works to
install and maintain in good repair in each connection a suitable device to prevent the entry of
grease, oil, sand and dirt into the public sewage works.
6.2 Screening device—installed—maintained—as required
No person shall fail to install or maintain a suitable device to prevent the entry of grease, oil,
sand and dirt into the public sewage upon being required to do so by the Chief Building Official
or WaterlWastewater Superintendent.
6.3 Manhole--alternative—installed—maintained
The Water/Wastewater Superintendent may require the owner or occupant of commercial,
institutional or industrial premises with one or more connections to the public sewage works to
install and maintain in good repair in each connection a suitable manhole having a diameter of
not less than 1.2 metres to allow observation, sampling and measurement of the flow therein,
provided that where installation of a manhole is not possible, an alternative device or facility
may be substituted with the approval of the Water/Wastewater Superintendent.
6.4 Manhole—other—design—construction—maintenance
Every manhole, device or facility installed as required by this by-law shall be designed and
constructed in accordance with good engineering practice to the satisfaction of the Chief
Building Official and Water/Wastewater Superintendent and shall be constructed and maintained
on the land of the owner or occupant of the premises, at the owner's or occupant's expense.
6.5 Manhole—failure to install—maintain—prohibited
No person shall fail to install or maintain in good repair a manhole, device or facility that meets
the standards of this by-law upon being required to do so by the Chief Building Official and
Water/Wastewater Superintendent.
6.6 Manhole—accessible—at all times
No person required to install a manhole, device or facility shall fail to ensure such manhole,
device or facility is accessible at all times for the purposes of observing, sampling and measuring
the flow of sewage therein.
6.7 Monitoring devices—reports—required—by Engineer
The owner or occupant of commercial, institutional or industrial premises shall, at the discretion
of Water/Wastewater Superintendent, install devices to monitor discharges to the satisfaction of
the Water/Wastewater Superintendent, and if required to do such installation, shall submit
regular reports regarding such discharges to the Water/Wastewater Superintendent.
6.8 Monitoring devices—reports—failure to provide
No person shall fail to install a device to monitor discharges or fail to submit regular reports
regarding such discharges when required to do so by the Water/Wastewater Superintendent.
6.9 Default of duty—expense—recovery--by the Municipality
Where the owner or occupant of commercial, institutional or industrial premises does not install
or maintain each manhole device or facility required under this by-law, such installation or
maintenance may be done at the direction of the Chief Building Official or Water/Wastewater
Superintendent at the expense of the owner or occupant and the Municipality may recover the
expense incurred in doing such work by action or in like manner as municipal taxes.
6.10 Charge—lien on land—collected as taxes
Any charge based upon the rates set out in Schedule "A" of this by-law is a lien and charge upon
the land in respect of which it was made and if the charge of any part thereof remains unpaid
after due date, the amount unpaid may be collected by distress upon the goods and chattels of
such owner or occupants, or the Clerk of the municipality upon notice to him of the amount due,
the person by whom it is due and the land upon which a lien is claimed, shall enter the same
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upon the collector's roll, and the collector shall proceed to collect it in the same way, as nearly as
may be, as municipal taxes are collectable.
Section VII
ENFORCEMENT
7.1 Fine—for contravention
Any person who contravenes any section of this by-law is guilty of an offence and upon
conviction is liable for a fine of not more than $10,000.00 for a first offence and not more than
$25,000.00 for any subsequent offence under the by-law.
7.2 Fine—for contravention—corporation
Notwithstanding any other provision of this by-law, a corporation upon conviction of a
contravention of this by-law is liable for a fine of not more than $50,000.00 for a first offence
and not more than $100,000.00 for any subsequent offences.
7.3 Continuation—repetition—prohibited—by order
The court in which the conviction has been entered, and any court of competent jurisdiction
thereafter, may make an order prohibiting the continuation or repetition of the offence by the
person convicted, and such order shall be in addition to any other penalty imposed on the person
convicted.
Section VIII
ENACTMENT
8.1 Repeal
By-law No. 84-4, passed by the former Village of Port Burwell March 26, 1984, be and the same
is hereby repealed.
8.2 By-law Effective Date
This by-law comes into force and affect upon final passing thereof.
READ A FIRST AND SECOND TIME this 4th day of October,2001.
READ A THIRD TIME AND FINALLY PASSED this 4th day of October,2001.
Arta,,,r-elf .••••
MAYO CLERK
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