National Green Tribunal
Syed Mohamed Kalifa Sahib,S/O. Syed ... vs The District Collector on 2 August, 2021
Bench: K. Ramakrishnan, K. Satyagopal
Item No.8:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 131 of 2017 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Syed Mohammad Kalifa Sahib
... Applicant(s)
Versus
The District Collector,
Nagappattinam and Ors.
...Respondent(s)
Date of hearing: 02.08.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): None.
For Respondent(s): Dr. D. Shanmuganathan for R1.
Mr. P. Srinivas through
Mr. N.K. Ponraj for R2.
Mr. C. Kasirajan through
Ms. D. Ashwini for R3.
ORDER
1) As per order dated 01.06.2021, this Tribunal had considered the Joint Committee report signed by the members of the committee on Page 1 of 17 16.04.2021 which was extracted in Para 3 of the order and then, passed the following order:-
"5. It is seen from the report that only 34% of total legacy waste has been disposed of by bio-mining by the Nagapattinam Municipality and they have not furnished the Performance Guarantee of Rs.15 Lakhs (Rupees Fifteen Lakhs) imposed by this Tribunal. Though, as per the direction of this Tribunal and as undertaken by Nagapattinam Municipality, the bio-mining process will have to be completed before 31.03.2021, but the progress of it shows, that it is not completed and it is being done at snail's pace. Further, it is also seen from the report of the Pollution Control Board that though the consent to operate for STP was not obtained and a Show-Cause Notice was issued, they have not completed the process so far. It is mentioned in the conclusion portion of the report that the Nagapattinam Municipality sought time to furnish the Performance Guarantee as fixed by this Tribunal up to 1st week of May, 2021. It may be mentioned here that Performance Guarantee itself was ordered to make them to work strictly and perform the undertaking given by them within the time frame, namely, 31.03.2021. Considering the pandemic situation prevailing at that time, the amount was reduced from Rs.50 Lakhs to Rs.15 Lakhs as per order in I.A. No. 04 of 2021 vide order dated 21.01.2021 but in spite of that the Nagapattinam Municipality has not complied with the same. Further, it was also mentioned in the earlier order by which Rs. 50 Lakhs was imposed as directed to be furnished as performance guarantee, if work was not completed within the time frame, the amount of performance guarantee will be forfeited. Since they have not performed the work as undertaken by them, so they are liable to pay this amount as penalty for not complying with the direction as undertaking given by them, apart from the compensation to be payable by them in view of the directions issued by Principal Bench in O.A. No. 606 of 2018 for non- compliance of the implementation of the Solid Waste Management Rules, 2016 in their area. Pollution Control Board is directed to take further steps in this regard and file further action taken report to this Tribunal.
6. The Nagapattinam Municipality has not come with any status report as directed. When this was pointed out the Learned Counsel appearing for the Municipality submitted that he will get instructions from the Nagapattinam Municipality and direct them to comply with the directions.Page 2 of 17
7. The Pollution Control Board, the Joint Committee and the Nagapattinam Municipality are directed to submit the further progress report, status report and action taken report as directed above on or before 30.06.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
8. The Registry is directed to communicate this order to the members of the committee, Pollution Control Board, District Collector, Nagapattinam, Nagapattinam Municipality and also to Chief Secretary, State of Tamil Nadu, Commissioner Municipal Administration and Additional Chief Secretary, Municipal Administration and Water Supply for their information and give necessary direction to implement the direction issued by this Tribunal and also for proper implementation of Solid Waste Management Rules, 2016 in that Municipality in its letter and spirit as has been undertaken by the Chief Secretaries before the Principal Bench in O.A. No. 606 of 2018."
2) The case was posted to 30.06.2021 for consideration of further report and on 30.06.2021, it was adjourned to today by notification.
3) When the matter came up for hearing today through Video Conference, there was no representation for the applicant. Dr. D. Shanmuganathan represented 1st respondent, Mr. N.K. Ponraj represented Mr. P. Srinivas for 2nd respondent and Mr. C. Kasirajan through Ms. D. Ashwini represented 3rd respondent.
4) Though a joint inspection report is said to have been e-filed on 29.06.2021, it was not seen signed by the committee members, but only by the Commissioner, Nagapattinam Municipality reiterating the contents stated in the Joint Committee report.
Page 3 of 175) The Joint Committee has filed a report dated Nil, e-filed on 29.06.2021 and received on 14.07.2021 which reads as follows:-
"JOINT INSPECTION REPORT IN CONNECTION WITH HONB'LE NATIONAL GREEN TRIBUNAL (SZ), CHENNAI ORDER DATED 01.06.2021 IN O.A. NO. 131 OF 2017 FILED BY THIRU. SYED MOHAMMED KALIFA SAHIB, NAGAPATTINAM VERSUS DISTRICT COLLECTOR, NAGAPATTINAM AND COMMISSIONER, NAGAPATTINAM MUNICIPALITY.
I. BRIEF OF THE O.A.NO.131 OF 2017 It is submitted that Thiru. Syed Mohammed Kalifa Sahib, Nagapattinam has filed an Application in O.A. No. 131 of 2017 before the Hon'ble NGT (SZ), Chennai against the following two respondents regarding non-compliance of Solid Waste Management Rules, 2016 by Nagapattinam Municipality.
1) District Collector, Nagapattinam, and
2) Municipal Commissioner, Nagapattinam.
Further, it is submitted that the Hon'ble NGT (SZ), Chennai in its earlier order dated 21.01.2021 has directed as follows.
The Nagapattinam Municipality has to produce the performance guarantee amount of Rs.15 Lakhs to Tamilnadu Pollution Control Board within a period of one month, failing which the Pollution Control Board is directed to take appropriate action against the Municipality for non- compliance of this direction for realization of amount as the amount will have to be forfeited if the work is not completed as undertaken by them. Any extension of time sought for by them will be subject to further compensation payable as directed by the principle bench in O.A.No. 606 of 2018.
The Committee as well as the Pollution Control Board are directed to submit the report to this Tribunal regarding the progress of the implementation of Solid Waste Management Rules, 2016 in Nagapattinam Municipality as directed by this Tribunal in the earlier orders on or before 19.04.2021 by e-filing in the form of searchable Page 4 of 17 PDF/OCR Supportable PDF and not in the form of image PDF along with necessary hardcopies to be produced as per Rules.
The Nagapattinam Municipality also directed to file their further progress report regarding the implementation of Solid Waste Management Rules, 2016 and disposal of the legacy waste before the hearing date.
Based on the order of the Hon'ble NGT, Chennai dated 21.01.2021, the Joint Committee has inspected the MSW Processing Facility, legacy waste processing facility, MCCs, STPs and Bio Methanation Plant on 16.04.2021 located at Nagapattinam Town and Nagore Town and submitted the Joint Committee Report to the Hon'ble NGT(SZ), Chennai.
Further, it is submitted that the Hon'ble NGT (SZ), Chennai in its latest order dated 01.06.2021 has directed the TNPC Board, the Joint Committee and Nagapattinam Municipality to submit the further progress report, status report and action taken report on or before 30.06.2021 by e-filing in the form of searchable PDF/OCR Supportable PDF and not in the form of image PDF along with necessary hardcopies to be produced as per Rules.
Based on the above order of the Hon'ble NGT, Chennai, the Joint Committee comprising of District Collector, Nagapattinam, Municipal Commissioner, Nagapattinam and District Environmental Engineer, TNPC Board, Nagapattinam has inspected the MSW Processing Facility, Legacy Waste Processing Facility, MCCs, STPs and Bio Methanation Plant on 25.06.2021 located at Nagapattinam Town and Nagore Town and the report is submitted as follows.
II. SOLID WASTE MANAGEMENT BY NAGAPATTINAM MUNICIPALITY Nagapattinam Municipality is District headquarters of Nagapattinam. It is a selection grade Municipality having population of 102905 as per 2011 census. It consists of 36 wards. Municipality generates solid wastes of 32 Ton per day.
2 Page 5 of 17Municipality has two solid wastes processing facility, one at Nagapattinam town and another one at Nagore town. The breakup details of solid wastes generation are tabulated as below.
1) Solid waste generation details in Nagapattinam Municipality Sl.No Type of Waste generation in Total Waste Nagapattinam Municipality Quantity (Ton/Day) in (Ton/Day) Nagapattinam Nagore Town Town 1 Compostable 14.00 5.00 19.00 Waste 2 Dry Waste 3.50 1.10 4.60 (including Plastic, ) 3 Inerts 3.70 1.50 5.20 4 Others (Silt) 2.25 0.95 3.20 Total 23.45 8.55 32.00
2) Details of vehicles used for collection of solid waste Sl. Name of Purpose Vehicles available Total No Vehicles in Nagapattinam Vehicle Municipality available Nagapattinam Nagore Town Town 1 Light Door to 6 2 8 Commercial V Door ehicle (LCV) Collection 2 Battery Door to 5 4 9 Operated Vehi Door cle (BOV) Collection Page 6 of 17 3 Tipper Lorry Other than 3 1 4 Door to Door Collection 4 Compactor For Bins 1 1 2 Collection
3) Manpower available for solid waste management Sl.No Description Total Man Power available 1 Municipal Health Officer (MHO) 1 2 Sanitary Inspector 2 3 Sanitary Supervisor 13 4 Animated Supervisor (on Contract) 2 5 Animators (on Contract) 9 6 a. Sanitary Workers (Permanent - 92) b. 237 Sanitary Workers (Outsourcing - 145) 7 Drivers 14 III. DETAILS OF SOLID WASTE PROCESSING FACILITY IN NAGAPATTINAM MUNICIPALITY Out of 32 Ton of solid waste generation daily, 19 Ton is the compostable waste which is processed in the Micro Compost Centres (MCCs) and also Onsite Compost Centres (OCCs). The Municipality has two MCCs in Nagapattinam Town and one MCC at Nagore Town to process bio degradable waste generated from the nearby wards.
A) DETAILS OF MICRO COMPOST CENTRES (MCCs).
1) Micro Compost Centre (MCC-1):
The above MCC is located at existing MSW Processing facility at Nagapattinam with a capacity of 5 MT/Day. It covers 13 wards with Page 7 of 17 household of 7581 Nos and population of 30733. During inspection, the MCC was under operation. It was reported by the Municipal Commissioner that the MCC has started its operation since last week only due to damage of MCC Shed and other facilities by Nivar and Puravi Cyclones. Also, the Commissioner has assured that the solid will be processed through this MCC regularly. The municipality has already obtained Authorisation under Solid Waste Management Rules, 2016 with validity upto 31.03.2020.
2) Micro Compost Centre (MCC-2):
The above MCC is located at back side of Government Hospital, Nagapattinam with a capacity of 5 MT/Day which was under operation during inspection. It covers 12 wards with household of 9125 Nos and population of 36381.
3) Micro Compost Centre (MCC-3):
The above MCC is located at Nagore Town with a capacity of 5 MT/Day which was under operation during inspection. It covers 11 wards with household of 8075 Nos and population of 35791.
Onsite Compost Centre (OCCs):
The Municipality has also provided Onsite Compost Centre (OCCs) at 6 locations in Nagapattinam Town and 2 locations in Nagore Town to process about 2 MT/Day of segregated bio degradable solid waste generated from the nearby houses.
The Municipality has applied for authorisation under Solid Waste Management Rules, 2016 for all three MCCs and the application has been returned for want of additional details on whether three MCC sites attract under Coastal Regulation Zone (CRZ).
Utilization of manure and other wastes generated from MCCs:
Manure generated from the MCCs are being sold to the local farmers/public for agriculture purposes. Plastic wastes segregated from the above MCCs are being sold to M/s. Ultratech Cements Pvt Ltd., Ariyalur for Co - processing in Cement kiln for which Municipality has executed an agreement with them. Copy of agreement made with cement industry is submitted vide Annexure-I. The local body is maintaining the records for handling of solid waste.
B) DETAILS OF BIO - METHANATION PLANT:Page 8 of 17
Nagapattinam Municipality has provided Bio-Methanation Plant with a capacity of 5 MT/Day near to existing MSW Processing facility located at Nagapttinam Town. This plant was established and commissioned in the year 2018 for the generation of electric power 300-350 KW/hr which will be used for their one purposes. During inspection the Bio-Methanation Plant was not in operation. The Municipal Commissioner reported that it was not in operation due to some technical issues and assured to operate same within 7 days.
C) DETAILS OF BIO MINING PROCESSING FACILITY:
The Municipality has two bio mining processing facility to process the existing accumulated legacy waste. One is located at existing MSW Processing facility, Nagapattinam Town and another one is located at Nagore Town.
1) Bio-Mining facility at Nagapattinam Town:
The Bio Mining process is carried out to process the existing accumulated Legacy waste. The estimated total legacy waste accumulated is 10852.77 Cum over an area of 8.20 acres. The Municipality has provided the Bio Mining facility such as Feeding System, Trommel Screen, belt Conveyors with a capacity to process 90 Tons/Day (two batches). Out of 10852.77 Cum, 6894 Cum of legacy waste accumulated over an area of 3.80 acres has been processed as on 25.06.2021 by the Municipality. During inspection the Bio mining of legacy waste is under process. The local body has assured to process the remaining legacy waste on or before 31.12.2021. However, the Chairman of the Joint Committee has instructed the local body to install one more trommel screen with capacity of 90 Tons/Day so as to speed up the process and to complete the processing of remaining legacy waste within three months.
During inspection, Commissioner, Nagapattinam Municipality has informed that as per the instruction of Commissioner of Municipal Administration, Chennai revised survey on legacy waste accumulated in Nagapattinam was carried out by M/s. Step Land Survey Consultants, Pondicherry which was reviewed by Anna University, Chennai and the estimated quantity of legacy waste is 20735 Cum. DPR for the project was submitted to the CMA on 05.02.2021. The Municipal Commissioner also informed that the bio mining of 20735 Cum of legacy waste will be carried Page 9 of 17 out immediately after getting approval from Commissioner of Municipal Administration, Chennai.
2) Bio Mining facility at Nagore Town:
The Bio Mining process is carried out to process the existing accumulated legacy waste. The estimated total legacy waste accumulated is 12360 Cum over an area of 2.86 acres. The Municipality has provided the Bio Mining facility such as Feeding System, Trommel Screen, belt Conveyors with a capacity to process 60 Tons/Day (two batches). Out of 12360 Cum, 3223 Cum of legacy waste accumulated over an area of 1.60 acres has been processed by the Municipality as on 25.06.2021. During inspection the Bio mining of legacy waste is under process. The local body has assured to process the remaining legacy waste on or before 31.12.2021. However, the Chairman of the Joint Committee has instructed the local body to install one more trommel screen with capacity of 60 Tons/Day so as to speed up the process and to complete the processing of remaining legacy waste within three months.
The Municipal Commissioner also informed that revised survey on legacy waste was also carried out in this site and survey report reveals that there is no change in the quantity of legacy waste.
Utilization of materials recovered from Bio Mining process Bio earth generated from the bio mining process is used for land filling. The plastic and rubber waste recovered from the bio mining are disposed to M/s. Dalmia Cements Ltd, Ariyalur for Co - processing in Cement kiln for which Municipality has executed an agreement with them. Copy of agreement made with cement industry is submitted vide Annexure- II.
Progress on completion of bio mining process at Nagapattinam and Nagore It was observed that Municipality has previously carried out bio mining of legacy waste of 8030 Cum (34.60 %) as on 16.04.2021 out of 23213 Cum. Now the Municipality has completed bio mining of legacy waste of 10117 Cum (43.60%) as on 25.06.2021 which shows that there was a slow progress on bio mining of legacy waste.
7 Page 10 of 17The Municipality has been already addressed to furnish the fortnightly report on bio mining process vide TNPC Board Letter dated 04.03.2021. But, the Municipality has not furnished fortnightly report.
IV. DETAILS OF SEWAGE TREATMENT PLANT (STP):
The Municipality has installed two Sewage Treatment Plant (STP) at Nagapttinam and Nagore Town. The Municipality has completed the underground sewerage system for 32 wards out of 32 wards and partially completed for remaining 4 wards.
1) STP at Nagapattinam Town:
The Municipality has already installed STP to treat the 9.63 MLD of sewage generated from Nagapattinam Town. Daily generation of sewage is about 3.90 - 4.20 MLD. The Municipality has obtained consent to operate under Water & Air Acts and the same is renewed upto 31.03.2020. During inspection the STP was under operation.
2) STP at Nagore Town:
The Municipality has obtained Consent to Establish (CTE) under Water & Air Acts valid upto 31.03.2022 for the STP to treat 2.96 MLD of sewage generated from Nagore Town. The Municipality has installed the STP and commissioned since April 2021. During inspection the STP was under operation.
The STP was previously inspected on 25.02.2021 and issued show cause notice under Water and Air Acts for operating the STP without obtaining CTO. The Municipality has now filed application for Consent to Operate on 25.06.2021 through OCMMS without remitting Consent Fee. Hence, the application was returned with a request to resubmit the application along with Consent Fee.
V. PERFORMANCE GUARANTEE BY NAGAPATTINAM MUNICIPALITY The Hon'ble NGT in its order dated 21.01.2021 has directed the Municipality to produce the performance guarantee of Rs.15 Lakhs (Fifteen Lakhs Only) within a period of one month (i.e. on or before 20.02.2021) to TNPC Board within a period of one month, failing which the Pollution Control Board is directed to take appropriate action against the Municipality for non-compliance of this direction for realization of amount as the amount will have to be forfeited if the work is not completed as Page 11 of 17 undertaken by them (ie., 31.03.2021). But, The Municipality has not furnished performance guarantee in time.
However, the Municipality has now furnished the copy of performance guarantee to the TNPC Board of Rs.15 Lakhs (Fifteen Lakhs Only) on 29.06.2021 with the assurance to complete the bio mining process of remaining legacy waste on or before 31.12.2021 (Copy of performance guarantee is submitted vide Annexure-III).
VI. PROBLEMS FACED BY THE NAGAPATTINAM MUNICIPALITY
During inspection, the Commissioner informed to Chairman, Joint Committee that the Municipality has faced the following problems on the solid waste management.
It was reported that nearly 40% of the population is in slums, hence, the revenue collection is very low (ie) only 59% of Property tax has been collected last year. Due to financial deficit of the municipality, it is not able to meet out even small maintenance and repair expenses. Almost every year the Nagapattinam is affected by the cyclone, natural disaster, flood, etc., Even last year Nagapattinam Municipality affected by Nivar, and Puravi cyclones.
1) Details of vehicles
S.No Details of Vehicles Sanctioned Available Shortage
(Nos) (Nos) (Nos)
1 Light Commercial 18 8 10
Vehicle (LCV)
2 Battery Operated 37 9 28
Vehicle (BOV)
3 Tipper Lorry 4 4 -
4 Compactor 2 2 -
2) Details of man power
Page 12 of 17
S.No Details of Man Power Sanctioned Available Shortage
(Nos) (Nos) (Nos)
1 Municipal Health Officer 1 1 -
(MHO)
2 Sanitary Inspector 4 2 2
3 Sanitary Supervisor 14 13 1
4 Sanitary Workers 389 237 152
(Permanent + Outsourcing)
5 Drivers 14 14 -
3) Financial Status
The financial status of the Municipality is extracted in brief from the annual balance statements from the year 2016-17 onwards.
Year Income (Rs) Expenditure Deficit (Rs)
(Rs)
2016-17 12,47,17,011/- 15,66,31,726/- 3,19,14,715/-
2017-18 19,17,61,490/- 28,80,27,353/- 9,62,65,863/-
2018-19 21,87,50,180/- 27,19,38,991/- 5,31,88,805/-
2019-20 21,98,32,074/- 38,21,31,515/- 16,22,99,441/-
VII. CONCLUSION OF THE COMMITTEE:
1) As per the Hon'ble NGT order, the Municipality has to complete the bio mining process on or before 31.03.2021. But it was observed that out of existing legacy waste of 23213 Cum, only 10117 Cum (43.60%) has been Page 13 of 17 processed as on 25.06.2021 and remaining 13096 Cum of waste has to be processed by the Municipality.
2) It was observed that there was a slow progress on bio mining of legacy waste accumulated both in Nagapattinam and Nagore.
3) Municipality has to install additional machinery at Nagapattinam and Nagore to speed up and to complete the bio mining process of legacy waste.
4) As per the revised survey of legacy waste by the Municipality, 20735 Cum waste is also available at Nagapattinam site which has to be processed immediately.
5) Bio Methanation Plant shall be operated immediately since it was not under operation during inspection due to technical issues.
6) Municipality has to operate Sewage Treatment Plant installed at Nagore Town with consent to operate of TNPC Board.
7) From the report furnished by the Municipality, it is observed that there is a shortage of Battery Operated Vehicles to transport the solid waste (28 Nos), Sanitary Inspector (2 Nos), Sanitary Supervisor (1 No) and Sanitary Workers (152 Nos).
8) From the financial status furnished by the Municipality, it is observed that financial deficit of Rs.16, 22, 99, 441/- in the year 2019-20.
VIII. RECOMMENDATION OF THE JOINT COMMITTEE
1) Municipality has to install additional machinery at Nagapattinam and Nagore to speed up and complete the bio mining process of balance legacy waste of 13096 Cum.
2) Administrative sanction shall be given early to the Municipality by Commissioner of Municipal Administration (CMA), Chennai to carry out the bio mining process of additional legacy waste of 20735 Cum available at Nagapattinam site.
3) Municipality has to operate the Bio Methanation Plant immediately to process the bio degradable waste.
4) Segregation of solid wastes at source shall be improved by providing 8 Nos of Light Commercial Vehicle (LCV) with adequate man power.
Page 14 of 175) Municipality has to operate Sewage Treatment Plant installed at Nagore Town with consent to operate of TNPC Board.
6) The Municipal Commissioner, Nagapattinam has to ensure that the Bio- Mining of balance Legacy Waste shall be completed within six months.
Submitted status report to the Hon'ble NGT (SZ), Chennai, please.
6) It is seen from the joint committee report that the bio-mining was done in respect of 10,117 Cu. M. out of 23,213 Cu. M. as on 25.06.2021 and the remaining legacy waste has to be processed by the municipality.
Certain directions were also given by the joint committee to the municipality to comply with the same.
7) It is also mentioned in the report that apart from legacy waste, there is additional legacy waste of 20,735 Cu.M., which has been caused after Gaja Cyclone, also will have to be cleared by the Nagapattinam Municipality.
8) Further, it is also mentioned in the report that administrative sanction has to be given to the Nagapattinam Municipality by the Commissioner for Municipal Administration, Chennai to carry out the bio mining process for additional legacy waste of 20,735 Cu. M. available as well.
The committee has directed the Municipal Commissioner, Nagapattinam Municipality to ensure that bio mining of legacy waste will be completed within six months.
Page 15 of 179) It is not known as to whether the Nagapattinam Municipality has obtained any consent from the Tamil Nadu Pollution Control Board for the purpose of operation of sewage treatment installed in the Nagur Town.
10) So under such circumstances, the Commissioner, Municipal Administration, Chennai is directed to consider the proposal (if any) submitted by the Nagapattinam Municipality for providing any administrative sanction cum financial sanction for carrying out the bio mining for the additional legacy waste that was accumulated in the area after Gaja Cyclone according to the municipality, as recommended by the joint committee.
11) The Tamil Nadu Pollution Control Board as well as the Nagapattinam Municipality are directed to file their further action taken report and independent status report cum progress respectively to this Tribunal on or before 09.09.2021 by e-filing in the form of Searchable PDF/ OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
12) The Tamil Nadu Pollution Control Board is also directed to mention about the improvement that has been made by disposal of legacy waste and whether the Nagapattinam Municipality has complied with the directions of this Tribunal of furnishing Bank Guarantee as well while submitting the report.
Page 16 of 1713) The Registry is directed to communicate this order to the members of the committee, official respondents including the Nagapattinam Municipality, Chairman, Tamil Nadu Pollution Control Board and Commissioner, Municipal Administration, Chennai by e-mail immediately for their information and compliance of the direction.
14) For consideration of further status cum action taken report, post on 09.09.2021.
Sd/-
.....................................J.M. (Justice K. Ramakrishnan) Sd/-
..............................E.M. (Dr. K. Satyagopal) O.A.No.131/2017 02nd August, 2021. Mn.
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