Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Chapter 260

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 260 Environmental Control ✹⚿

	GENERAL PROVISIONS
260.003	All licenses, permits or grants of authority by department must be in compliance with local area's zoning, building, health codes or ordinances, procedure to determine compliance. (8/28/1995)
	ENVIRONMENTAL IMPROVEMENT AUTHORITY
260.005	Definitions. (8/28/1993)
260.010	Authority created. (4/30/1982)
260.015	Purpose of authority. (8/28/1993)
260.020	Membership of authority, appointed how, terms, quorum. (8/28/1973)
260.025	Officers, how selected. (1/22/1973)
260.030	Compensation and expenses. (1/22/1973)
260.035	Powers of authority — authority employee membership in state employees' retirement system. (8/28/2019)
260.040	Revenue bonds, issued when — sale, limitations — procedure — rate. (4/30/1982)
260.045	Notes issued when, how sold. (8/28/1985)
260.050	Renewal notes or refunding bonds issued when. (1/22/1973)
260.055	Resolution authorizing notes or bonds, contents of. (1/22/1973)
260.060	Resolution may provide for trust agreements. (1/22/1973)
260.065	Notes and bonds not an indebtedness of the state. (8/28/1985)
260.070	Notes and bonds approved as investments — who may invest. (1/22/1973)
260.075	Projects subject to taxation — notes, bonds and their income tax free, exceptions. (1/22/1973)
260.080	Funds of authority not to be distributed to members or private persons, except for compensation for services. (1/22/1973)
260.085	Termination or dissolution, property to pass to state. (1/22/1973)
260.090	Proposed expenditure of federal funds in coming fiscal year requires itemized report to appropriations and the oversight division, committee on legislative research. (4/30/1982)
260.095	Contracts between authority and political subdivisions, purpose. (8/28/1985)
260.100	Authority member not personally liable on notes or bonds issued. (4/30/1982)
260.110	Statutory conflicts, which prevails. (4/30/1982)
260.115	Loans for energy resource development, requirements — fee charged, when — deposit in and use of energy resources insured loan fund. (4/30/1982)
260.120	Interest rate on loans. (4/30/1982)
260.125	Severability. (4/30/1982)
	SOLID WASTE MANAGEMENT
	Liability on lender-owners for precedent environmental conditions, state preemption of legislation, 427.041 Transportation of waste oil and infectious waste, regulation of transferred to highways and transportation commission, 226.008
260.200	Definitions. (8/28/2022)
260.203	Infectious waste, treatment of — hospitals, department of health and senior services to promulgate rules — transportation of — registration of hospitals — proper disposal, penalty — fee on delivery, exceptions — inspection fee, amount, fund, refund of, when. (8/28/1993)
260.204	Permit for treatment of infectious waste, not to be issued, when. (5/5/1988)
260.205	Permit required to operate facility, and construction permit to construct facility, requirements, exceptions, fees — plans to be submitted — permits revoked or suspended, when — disclosure statement, requirements — inapplicability to advanced recycling facilities, when. (8/28/2024)
260.206	Owner or operator shall provide quality assurance and quality control oversight of inspections during area closure, postclosure and corrective action plans, requirements — department may suspend, revoke or modify permit. (8/28/1995)
260.207	Permit not to be issued, when — notice to department of certain crimes, penalty for failure to notify — reinstatement, when. (1/1/2017)
260.208	Contracts with specified parties prohibited, when — notice of certain convictions required, penalty. (1/1/2017)
260.209	Property acquired outside city, county or district for solid waste disposal, compliance with zoning ordinances required. (8/28/1999)
260.210	Prohibited acts, exception — search warrants to issue, when — investigations, department may conduct, how — demolition waste, disposal of, requirements — building permits, notice of disposal of demolition waste required, form — exceptions — exceptions for Kansas City. (8/28/2000)
260.211	Demolition waste, criminal disposition of — penalties — conspiracy. (1/1/2017)
260.212	Solid waste, criminal disposition of — penalties — conspiracy. (1/1/2017)
260.213	Disclosure of landfill, sale of property, required. (8/28/1990)
260.214	Preliminary site investigation approval, not required for certain counties — severability clause. (8/28/2013)
260.215	Solid wastes, how handled — duties of cities and counties — exemptions — charges, how stated, how collected. (6/19/1992)
260.216	Solid waste disposal in receptacle of another, prohibited — penalty. (6/19/1992)
260.220	Plans to be submitted, contents of — disapproval, effect of. (8/28/1975)
260.221	Processed recycled asphalt shingles — definitions — use without permit, when. (8/28/2022)
260.225	Duties of department — rules and regulations, promulgation of, procedures — model solid waste management plans, contents — coordination with other state agencies. (8/28/2015)
260.226	Closure of facility, plan to be submitted, contents — notice, when — financial assurance instrument, release of, when — exceptions. (8/28/1986)
260.227	Postclosure plan, contents — financial assurance instrument required — owner or operator of sanitary or demolition landfill to take corrective action, when — plan required — financial assurance, amount, form required, released when. (8/28/1995)
260.228	Failure to implement closure, postclosure plan or corrective action plan, forfeiture of collateral, when. (8/28/1995)
260.230	Department may order repairs, alterations, construction or reconstruction, when — injunctive relief, when. (8/28/1991)
260.235	Appeal, judicial review, procedure — injunction based on seriousness of threat to environment — performance bond required, forfeited, when. (8/28/2015)
260.236	Severability of provisions. (8/28/1986)
260.240	Violations, how proceeded against — county regulations, how enforced, penalty for violation — exceptions. (8/28/2019)
260.241	Permit not to be issued, when. (8/28/1995)
260.242	Coal combustion residual units — rules for closure and groundwater criteria — state CCR program — fees, deposit in subaccount — rulemaking authority. (8/28/2018)
260.243	Buffer zone required, commercial processing facility, how determined. (8/28/1993)
260.245	Tax, how levied — limitation — form of ballot. (8/28/1978)
260.247	Annexation or expansion of solid waste services by city, notice to certain private entities, when — city to contract with private entity, duration, terms. (1/1/2008)
260.249	Administrative penalties — not to be assessed for minor violation, definition — amount set by rule, payment when — appeal effect — surcharge due when — unpaid penalty, collection — time limitation to assess violation — judicial appeal — civil action effect, exception. (8/28/2013)
260.250	Major appliances, waste oil, yard waste and batteries, disposal restricted — recycling of certain items, addressed in solid waste management plan. (8/28/2015)
260.253	Department to provide technical assistance and public education programs on collection of used motor oil — household consumer used motor oil, duty to maintain toll-free telephone for information. (8/28/1995)
260.254	Grants for household consumer-used motor oil collection systems, requirements — centers not to accept motor oil from commercial operation. (8/28/1995)
	BATTERIES
	Liability on lender-owners for precedent environmental conditions state preemption of legislation, 427.041
260.260	Batteries, lead-acid, disposal of restricted — penalty. (8/28/1995)
260.262	Retailers of lead-acid batteries, duties — notice to purchaser, contents. (8/28/2023)
260.264	Notices to public, batteries, duties of department. (8/28/1990)
260.266	Wholesalers of lead-acid batteries, duties — storage of batteries, requirements. (8/28/1995)
260.267	Restriction on sales of certain batteries, effective dates — sale of nonbutton cell mercuric-oxide battery requirements, duties of manufacturer, violation, penalty. (8/28/1995)
	WASTE AND SCRAP TIRES
	Transportation of by motor carriers, regulation of transferred to highways and transportation commission, 226.008
260.269	In-state private entity disposal permitted, when. (8/28/2011)
260.270	Scrap tires, prohibited activities — penalties — site owners, no new scrap tire sites permitted, when, exception — registration required, duty to inform department, contents — rules and regulations — permit fees — duties of department — inventory of processed scrap tires not to exceed limitation — auto dismantler, limited storage of tires allowed — recovered rubber, use by transportation department, how. (8/28/2005)
260.272	Scrap tires and rubber chips may be used as landfill cover, department of natural resources to promulgate rules. (8/28/2005)
260.273	Fee, sale of new tires, amount — collection, use of moneys — termination. (8/28/2023)
260.275	Scrap tire site, closure plan, contents — financial assurance instrument, purpose, how calculated. (8/28/2009)
260.276	Nuisance abatement activities, department may conduct — costs, civil action authorized, exception — resource recovery or nuisance abatement bids on contract, who may bid — content — nonprofits may be eligible for cleanup reimbursement, when. (8/28/2009)
260.278	Performance bond or letter of credit required for transporter of scrap tires, when — provisions required — forfeiture of bond, when, procedure — bond requirement ceases, when. (8/28/2005)
260.279	Preference and bonus points for contracts for the removal or clean up of waste tires, when. (8/28/2014)
	PLASTIC CONTAINERS
260.280	Container defined — plastic ring or holding device must be biodegradable within two years — acceptable rings or holding device, department to furnish list — violations, penalty — effective when. (1/1/1991)
260.281	Plastic, plastic bottles or rigid plastic container defined — containers, must have coded label, content, form — exempt products, rules established by department — violations, penalty. (1/1/1992)
260.283	Paper or plastic bags, customers to have option, when — political subdivisions prohibited from imposing ban, fee, or tax on. (10/16/2015)
	REFRIGERANTS
260.295	Refrigerants, use of — building codes not to prohibit if approved for use under federal law. (8/28/2022)
	SOLID WASTE MANAGEMENT DISTRICTS
260.300	Regions, division of state into — procedures, purpose. (8/28/1990)
260.302	County may apply for change in region, when, procedures. (6/19/1992)
260.305	Creation of district, procedures — boundaries, limitations — petition to establish — district a body corporate and politic, when — election. (6/19/1992)
260.310	Contractual authority, powers. (8/28/1990)
260.315	Council, selection of members, terms — meetings — powers — selection of executive board, terms. (8/28/1990)
260.320	Executive board, meetings, selection of officers — powers, duties — contractual authority. (8/28/2015)
260.324	Grants, familial relationships not a disqualifier — voting restrictions. (8/28/2015)
260.325	Solid waste management plan, submitted to department, contents, procedures — approval, revision of plan — funds may be made available, purpose — audits. (8/28/2015)
260.330	Landfill fee, amount — solid waste management fund, created, purpose — department to enforce — transfer station, fee charged — free disposal day, notice. (8/28/2015)
260.335	Distribution of fund moneys, uses — grants, distribution of moneys — advisory board, solid waste, duties. (8/28/2015)
260.345	Solid waste advisory board, members — qualifications — duties and powers — removal of board member for failure to attend meetings, when — report — meetings. (8/28/2015)
	HAZARDOUS WASTE MANAGEMENT
	Liability on lender-owners for precedent environmental conditions, state preemption of legislation, 427.041 Transportation of hazardous material by motor vehicle, equipment required, 307.177 Transporting hazardous waste, intrastate age requirement, violations, 307.400
260.350	Short title. (8/28/1977)
260.352	Department of natural resources shall verify compliance with corrective action plans for hazardous waste management. (8/28/2000)
260.355	Exempted wastes. (8/28/2014)
260.360	Definitions. (1/1/2008)
260.365	Hazardous waste management commission created — composition, qualifications — compensation — terms — meetings, notice required, quorum. (8/28/2013)
260.370	Duties and powers of commission — rules and regulations to be adopted, procedures — inspection fees, use of, refund, when — variances granted, when. (8/28/2010)
260.371	Severability clause, exceptions. (5/3/1988)
260.372	Powers and duties of commission. (8/28/2011)
260.373	Rulemaking authority, limitations on — inconsistent rules null and void, when — rulemaking authority. (8/28/2022)
260.375	Duties of department — licenses required — permits required. (8/28/2005)
260.377	Inspection by department. (10/31/1980)
260.380	Duties of hazardous waste generators — fees to be collected, disposition — exemptions — expiration of fees. (8/28/2023)
260.385	Activities not allowed and requirements to be met by hazardous waste transporters. (6/27/1985)
260.390	Duties of hazardous waste facility owners and operators — tax to be collected, disposition — duties upon termination of use of facility — inspection fees, commercial facilities, requirements. (8/28/2013)
260.391	Hazardous waste fund created — payments — subaccount created, purpose — transfer of moneys — restrictions on use of moneys — general revenue appropriation to be requested annually. (8/28/2018)
260.392	Definitions — fees for transport of radioactive waste — deposit of moneys, use — notice of shipments — sunset date. (8/28/2023)
260.393	Technology for treatment of hazardous waste, generators to use best available, exceptions. (8/28/1988)
260.394	Disposal of untreated hazardous waste, prohibited, exceptions — alternative to landfilling, best demonstrated available technology. (8/28/1992)
260.395	Transportation of hazardous waste, how permitted — fees, how determined — notice prior to issuance of permit — permit not required of whom — application for certification, when — permit maintained for postclosure care period — leachate collection system required — railroad hazardous waste transportation, fee. (8/28/2015)
260.396	PCB, definition — facilities, regulation of — list of PCB facilities — compliance with requirements, time limitation. (8/28/1986)
260.400	Procedure for conducting public hearings. (8/28/1993)
260.405	Variances granted, when. (10/31/1980)
260.410	Department to enforce standards, rules and regulations — appeal authorized. (8/28/1977)
260.412	Administrative penalties — not to be assessed for minor violation — conference, conciliation and persuasion — rules and regulations, payment — appeal, effect — unpaid penalty, collection — time limit — review. (8/28/1993)
260.415	Appeals — other remedies available, costs. (10/31/1980)
260.420	Imminent hazard, action to be taken. (8/28/2005)
260.423	Facility ordered to accept waste, reimbursement rate disagreement, procedure. (6/27/1983)
260.424	Underground injection prohibited. (6/27/1985)
260.425	Violations, how punished. (8/28/1993)
260.429	No permit in non-karst area of state over groundwater divide. (8/28/1993)
260.430	Confidential information — illegal disclosure, penalty. (10/31/1980)
260.431	Buffer zone required, commercial facility, how determined — limitations, requirements, certain facilities. (7/9/1990)
260.432	Hazardous waste, collection of small quantities, department to administer — fees — department may enter into contracts for collection — disposal in landfills prohibited, when. (8/28/1990)
260.433	Commercial hazardous waste facilities, prohibited activities (third or fourth class counties). (8/28/1987)
	ABANDONED OR UNCONTROLLED SITES
260.435	Definitions, sections 260.435 to 260.480 — definition of hazardous waste not to include certain materials. (6/27/1983)
260.437	Rules and regulations, authority. (8/28/2022)
260.440	Registry of abandoned or uncontrolled hazardous waste sites, contents — investigation — department's powers and duties. (6/27/1983)
260.445	Abandoned and uncontrolled sites, annual report, content — sent to whom. (6/27/1983)
260.450	Priority of sites, listed in registry, determined by investigation — factors to be considered. (6/27/1983)
260.455	Registry, proposed site addition, procedure, notice. (6/27/1983)
260.460	Listing or proposed listing of site in registry, procedure to remove. (6/27/1983)
260.465	Change of use or transfer of site property — notice to buyer — appeal — violations, penalty. (8/28/1988)
260.470	Recording of sites, placed on or removed from registry — removal procedure. (1/1/2008)
260.475	Fees to be paid by hazardous waste generators — exceptions — deposit of moneys — violations, penalty — deposit — fee requirement, expiration — fee structure review. (8/28/2023)
260.480	Transfer of moneys in the hazardous waste remedial fund to hazardous waste fund. (8/28/2005)
260.482	Incineration of certain material by Department of Defense, limitation. (5/16/1995)
	HAZARDOUS SUBSTANCE CLEANUP
260.500	Definitions. (8/28/2015)
260.505	Hazardous substance emergency response plan to be developed by department director — contents of plan. (6/27/1983)
260.510	Hazardous substances, director's powers and duties. (6/27/1983)
260.515	Actions to abate, control or clean up not construed as admission of liability. (6/27/1983)
260.520	Rules and regulations, limitation — procedure. (8/28/2022)
260.525	Investigation, no person to refuse entry — search warrant to be issued. (6/27/1983)
260.530	Cleanup costs, liability — failure to comply, damages, exceptions — records of expense to be kept. (6/27/1983)
260.535	Hazardous waste fund, deposits to — purpose for use. (8/28/2000)
260.540	State employees acting in official capacity, liability. (6/27/1983)
260.545	Providing assistance at request of department, political subdivision or volunteer fire protection district, liability for actions, when. (8/28/1990)
260.546	Emergency assistance — cost, how paid — cost statement, contents — payment, when — amount, appeal procedure — state fund to pay cost but repayment required. (8/28/2008)
260.550	Information to be available to public, exceptions. (6/27/1983)
260.552	Liability limitation for persons in business of hazardous waste cleanup created by others, exceptions — waste cleanup of environmental hazard defined. (7/1/1987)
260.558	Radioactive waste investigation fund created, purpose, use of moneys — limitation on transfers. (8/28/2018)
	HAZARDOUS WASTE MANAGEMENT — VOLUNTARY REMEDIATION
260.565	Definitions. (8/28/1999)
260.567	Application for voluntary remediation, requirements, form, fee — review by department — duties of applicant, reports — remedial action plan, review of — duties. (8/28/1993)
260.569	Reimbursement for costs to department, computation — deposit of funds — termination from participation by department, when — refund of balance, when. (8/28/2005)
260.571	Hazardous waste management commission may promulgate rules, scope. (8/28/1993)
260.573	Completion of plan, department to issue letter, contents — effect. (8/28/1993)
260.575	False information, submission of — penalty. (8/28/1993)
	HAZARDOUS WASTE MANAGEMENT — AREA REVITALIZATION AUTHORITIES
260.600	Area revitalization authorities to hold title in cleanup areas — transfer of title to department, when — dissolution of authority (certain first class counties, charter form). (6/27/1983)
260.602	Authorities' articles of incorporation, content. (6/27/1983)
260.603	Articles filed where — secretary of state, duties. (6/27/1983)
260.605	Board of directors, number, qualifications, election, term. (6/27/1983)
260.607	Powers and duties of board. (6/27/1983)
260.609	Authority, state and state employees no liability, when. (6/27/1983)
	MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT
260.700	Membership authorized — compact — purposes. (8/28/1996)
260.705	Definitions. (8/28/2011)
260.710	Extended care and long-term liability account established, purposes — if Missouri designated a host state, duties. (3/16/1984)
260.715	Operators of regional disposal facilities to purchase maximum insurance — insurance to be used, how. (3/16/1984)
260.720	Compact commissioner and alternate, appointment, compensation, when, expenses, duties. (8/28/2011)
260.730	Tax levy authorized for counties containing regional disposal facilities. (3/16/1984)
260.735	Designation as host state, governor's duty — approval by general assembly required, exception. (8/28/2011)
	RADIATION MONITORING PROGRAM
260.750	Environmental radiation monitoring program and fund established — purposes. (8/28/2009)
	WASTE TO ENERGY FACILITIES
260.800	Definitions. (1/1/2008)
260.805	Electric suppliers to purchase electricity generated, rate allowable. (8/28/1986)
260.810	Extraordinary costs and interconnection charges paid by governing body. (8/28/1986)
260.815	Loss of revenue, rate case before public service commission allowable. (8/28/1986)
	OIL SPILL RESPONSE, NATIONAL CONTINGENCY PLAN
260.818	Definitions. (8/28/1995)
260.819	Removal costs and damages, liability, limitations. (8/28/1998)
	PACKAGING COMPONENT MATERIAL REGULATION
260.820	Definitions. (8/28/1993)
260.822	Content concentration of certain elements, restrictions. (8/28/1993)
260.824	Exemptions. (8/28/1993)
	LANDFILL FEE, CERTAIN COUNTIES
260.830	Landfill fee authorized, counties of third and fourth classification — approval, ballot, limitation. (8/28/2007)
260.831	Collection of fee by operator, payment required — separate surcharge, transmittal of funds. (8/28/2007)
	DRY-CLEANING FACILITIES
260.900	Definitions. (7/6/2005)
260.905	Hazardous waste management commission to promulgate rules for dry-cleaning facility environmental remediation. (7/6/2005)
260.910	Violations of dry-cleaning remediation laws — civil damages. (8/28/2000)
260.915	Registration of dry-cleaning facilities with department. (8/28/2000)
260.920	Dry-cleaning environmental response trust fund created — purpose — not to be considered total state revenue. (8/28/2000)
260.925	Expenditures from fund, how used — fund not to be used, when — liability determinations — entry onto premises where corrective action required — fund payment limit — owner liability when fund payment obtained. (7/6/2005)
260.930	State immunity from liability due to corrective action — private action against dry-cleaning facility not prohibited — corrective action not to be compelled at eligible dry-cleaning facilities — director approval of plans, when. (8/28/2000)
260.935	Dry-cleaning facility registration surcharge — deposited in fund — penalties and interest for nonpayment. (7/6/2005)
260.940	Dry-cleaning solvent surcharge, amount imposed due to solvent factor — deposited in fund — penalties and interest for nonpayment — operators not to purchase solvent from persons not paying surcharge. (7/6/2005)
260.945	Surcharges not collected, when. (7/6/2005)
260.950	Judicial review. (8/28/2000)
260.955	Department to report on fund, corrective action from fund. (8/28/2000)
260.960	Rulemaking. (7/6/2005)
260.965	Expiration date. (8/28/2011)
	MISSOURI ENVIRONMENTAL COVENANTS ACT
260.1000	Citation of law. (1/1/2008)
260.1003	Definitions. (8/28/2008)
260.1006	Holder of an environmental covenant — department bound by covenant — rules for interests in real property. (1/1/2008)
260.1009	Contents of a covenant. (1/1/2008)
260.1012	Enforceability of covenants, criteria. (1/1/2008)
260.1015	Use of real property subject to zoning laws and recorded instruments. (1/1/2008)
260.1018	Copy of covenant to be provided, to whom. (1/1/2008)
260.1021	Recording of a covenant, procedure. (1/1/2008)
260.1024	Covenants are perpetual, exceptions — department may terminate covenants, when. (1/1/2008)
260.1027	Amendment or termination of a covenant, requirements — interest in property not affected by amendment. (1/1/2008)
260.1030	Civil action may be maintained, when — department to maintain regulatory authority. (1/1/2008)
260.1033	Activity and use information system to be established, purpose — categories of sites — recording of amendments or termination, procedure, form. (1/1/2008)
260.1036	Inapplicability to storage tanks. (1/1/2008)
260.1039	Effect of act on certain federal laws. (1/1/2008)
	MANUFACTURER RESPONSIBILITY AND CONSUMER CONVENIENCE EQUIPMENT COLLECTION AND RECOVERY
260.1050	Citation of act. (8/28/2008)
260.1053	Definitions. (8/28/2008)
260.1059	Applicability of act — exceptions. (8/28/2008)
260.1062	Recovery plan required, contents — use of existing infrastructure permitted — report required. (8/28/2008)
260.1065	Labeling requirements for sale of new equipment. (8/28/2008)
260.1068	Information on computer materials, immunity from liability, when. (8/28/2008)
260.1071	Department to educate consumers — internet site required. (8/28/2008)
260.1074	Audits and inspections by department permitted — enforcement of act — warning notices — penalties may be assessed, subaccount created. (8/28/2008)
260.1077	Financial and proprietary information not a public record. (8/28/2008)
260.1080	Report to legislative committees. (8/28/2008)
260.1083	Fee not authorized, when. (8/28/2008)
260.1089	Recycling and reuse, compliance with federal, state and local law required — rulemaking authority. (8/28/2008)
260.1092	Federal law may preempt, when. (8/28/2008)
260.1101	Rulemaking authority. (8/28/2008)
	ENVIRONMENTAL RESTORATION CORPORATION ACT
260.1150	Citation of law — public benefit nonprofit corporation, purpose — powers — board, members — immunity from liability. (Iron, Jefferson, Madison, Reynolds, St. Francois, Washington and Wayne counties) (8/28/2018)

- Cross References
	Evidence, admission of representative samples of hazardous waste, remainder destroyed, 490.733
	Fuel conservation and alternative fuels use program for state motor vehicle fleets, 414.400 to 414.417
	Hearings on environmental matters, department of natural resources has burden of proof, exception, 640.012
	Indoor clean air act regulating smoking in public places, 191.765 to 191.777
	Liability on lender-owners for precedent environmental conditions, state preemption of legislation, 427.041
	Metallic minerals waste management, procedures, duties, 444.350 to 444.380
	Polystyrene foam products, sale and distribution prohibited, penalty, 643.400
	Recycling, collection and waste reduction, state guidelines, 34.032
	Water contamination, crime of, penalty, 577.078

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15 Sep 2024 05:05


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