Cities Index.
Att 2 - Proposed SCMC Chapter 13.04.350 (Redline)

San Clemente City Council
August 19, 2025

Document
Att 2 - Proposed SCMC Chapter 13.04.350 (Redline)
Meeting
August 19, 2025
Body
San Clemente City Council
Pages
15
Original file
326 KB
Text extracted from the city's file for reading and search. Open the original on san-clemente.legistar1.com. That file is the official record.

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13.04.350. Cross connection and backflow protection.

A. INTENT

1. The purpose of this sectionOrdinance is (1a) to protect the public water supply against actual or potential contaminationContamination through ·crossconnections Connections by isolating sources of contaminationContamination that may occur within a water user's premisesWater User's Premises because of some undiscovered or unauthorized cross-connection Cross Connection on the premises; (2Premises; (b) to eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable forfor human consumption; (3c) to eliminate cross-connectionsCross· Connections between drinking water systems and sources of contaminationContamination; and (4d) to prevent the making of cross-connectionsCross Connections in the future.

2. In cooperation with the State Water Resources Control Board Division of Drinking Water, City’s major goal is to ensure the distribution of a safe and potable water supply to all domestic water users. In order for the City to achieve this goal, a Cross-Connection Control Management Plan (CCCMP) is being developed with an effective date of July 1, 2025. The City’s CCCMP was developed pursuant to the requirements set forth in the Cross-Connection Control Policy Handbook (CCCPH) which replaced State of California Administrative Code Title 17, Sections 7583 through 7605 and applies to all State of California Public Water Systems, as defined in California’s Health and Safety Code (CHSC, section 116275(h)).

3. These regulations are adopted pursuant to California Code of Regulations, Title 17, Chapter 5, Subchapter 1, Group CCCPH.
4 "Drinking Water Supplies."
. It is hereby declared to be unlawful for any personPerson, firm, or corporation at any time to make or maintain or cause to be made or maintained, temporarily or permanently, for any period of time whatsoever, any crossconnectionCross Connection between plumbing pipes or water fixtures being served with water by the City water department and any other source of water supply, or to maintain any sanitary fixture or other appurtenances or fixtures which, by reason of their construction, may cause or allow backflowBackflow of water or other substances into the water supply system of the City and/or the service of water pipes or fixtures of any consumer of the City.

B. Definitions.
"Air-gap separation" means a physical break between a supply pipe and a receiving vessel. The air-gap shall be at least double the diameter of the supply pipe measured vertically above the top rim of the vessel, in no case less than one (1) inch.

Attachment 2
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"Approved backflow prevention assembly" means an assembly which has passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated their competency to perform such tests to the California Department of Health Services or successor organization. "Approved water supply" means any water supply whose potability is regulated by a state or local Health Agency.
"Auxiliary supply" means any water supply on or available to the premises other than the approved water supply.
"AWWA Standard" means an official standard developed and approved by the American Water Works Association (AWWA).
"Backflow" means a flow condition, caused by a differential in pressure, that causes the flow of water or other liquids, gases, mixtures, or substances into the distributing pipes of a potable supply of water from any source or sources other than an approved water supply source. Backsiphonage is one cause of backflow. Back pressure is another cause.
"Contamination" means a degradation of the quality of the potable water by any foreign substance which creates a hazard to the public health, or which may impair the usefulness or quality of the water. "Cross-connection" as used in this chapter means any unprotected actual or potential connection between a potable water system used to supply water for drinking purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable. Bypass arrangements, jumper connections, removable sections, swivel or changeover assemblies, or other assemblies through which backflow could occur, shall be considered to be cross-connections. "Double check valve assembly" means an assembly of two (2) internally loaded, independently acting check valves, including resilient seated shut-off valves on each end of the assembly and test cocks for testing the watertightness of each check valve.
"Health Agency" means the California Department of Health Services. "Local Health Agency" means the Orange County Health Care Agency, Environmental Health Division. "Person" means an individual, corporation, company, association, partnership, municipality, public utility, or other public body or institution.
"Premises" means any and all areas on a water user's property which are served or have the potential to be served by the public water system.
"Public water system" means a system for the provision of piped water to the public for human consumption that has five or more service connections or regularly serves an average of twenty-five (25) individuals daily at least sixty (60) days out of the year.
"Reclaimed/recycled water" means a wastewater which, as a result of treatment, is suitable for uses other than potable use.
"Reduced pressure principle backflow prevention assembly" means an assembly incorporating two (2) internally loaded, independently operating check valves and an automatically operating differential relief valve located between the two (2) checks, including resilient seated shut-off valves on each end of the assembly, and equipped with necessary toot cocks for testing the assembly. "Service connection" refers to the point of connection of a user's piping to the water supplier's facilities. "Water supplier" means the person who owns or operates the approved water supply system. "Water user" means any person obtaining water from an approved water supply system.

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C. Cross-Connection Protection Requirements.

C. CROSS CONNECTION PROTECTION REQUIREMENTS

1. General Provisions.
a. Unprotected cross-connectionsCross Connections with the public water supply are prohibited.
b. Whenever backflowBackflow protection has been found
necessary, the City will require the water userWater· User to install an approved backflow prevention assemblyApproved Backflow Prevention Assembly by and at his or her expense in order to maintain continued services or before a new service will be initiated.
c. Wherever backflowBackflow protection has been found
necessary on a water supply line entering a water user's premisesWater User's Premises, any and all water supply lines from the City's mains entering such premisesPremises, buildings, or structures shall be protected by an approved backflow prevention assembly.Approved Backflow Prevention Assembly. The type of assembly will be in accordance with the requirements of this section.

2. Where Protection is Required.
a. Each service connection Service Connection from the City water system for supplying water to premisesPremises having an auxiliary supplyAuxiliary Supply shall be protected against backflowBackflow of water from the premisesPremises into the public water systemPublic Water System unless the auxiliary water supplyAuxiliary Water Supply is accepted and approved as an additional source by the City and is approved by the Health Agency. . b. Each service connectionService Connection from the City water system for supplying water to any premisesPremises on which any substance is handled in such fashion as may allow its entry into the water system shall be protected against backflowBackflow of the water from the premisesPremises into the public system. This shall include the handling of process waters and waters originating from the City water system which have been subjected to deterioration in sanitary quality.
c. Approved backflow prevention assembliesBackflow Prevention Assemblies shall be installed on service connectionsService Created: 2025-07-14 13:32:29 [EST]
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Connections to any premisesPremises having: (a) internal crossconnectionsCross Connections that cannot be permanently corrected and controlled to the satisfaction of the stateState or local health department and the City; or (b) intricate plumbing and piping arrangements or premisesPremises construction such that entry to all portions of the premisesPremises are not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not cross-connectionsCross Connections exist.

3. Type of Protection Required.
a. The type of protection that shall be provided to prevent backflowBackflow into the approved water supplyApproved Water Supply shall be commensurate with the degree of hazard that exists on the consumer's premisesPremises. The type of protective assembly that may be required (listed in an increasing level of protection) includes: double check valve assemblyDouble Check Valve Assembly (DC), reduced pressure principle approved backflow prevention assemblyReduced Pressure Principle Approved Backflow Prevention Assembly (RP), and an air-gap separationAir-Gap Separation (AG).

The water userWater User may choose a higher level of protection than required by the City. The minimum types of backflowBackflow protection required to protect the approved water supplyApproved Water Supply at the user's water connection to premisesPremises with varying degrees of hazard are given in Table 13.04.3501.

Situations which are not covered in Table 13.04.3501 shall be evaluated on a case-by-case basis and the appropriate
backflowBackflow protection shall be determined by the City or Health Agency. .

TABLE 1

TYPE OF BACKFLOW PROTECTION REQUIRED
Table 13.04.350
Type of Backflow Protection Required
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Degree of Hazard
Minimum
Type of
Backflow
Prevention

1. Sewage and Hazardous Substances
a. Premises where there are wastewater pumping and/or treatment plants and there is no interconnection with the potable water system.

This does not include a single-family residence that has a sewage lift pump. An RP may be provided in lieu of an AG if approved by the Health Agency and the City Utilities Division.

AG
(1) Sewage and Hazardous Substancesb.
(a) Premises where there are wastewater pumping and/or treatment plants and there is no interconnection with the potable water system. This does not include a single-family residence that has a sewage lift pump. An RP may be provided in lieu of an AG if approved the City Utilities Division.
(b) Premises where hazardous substances are handled in any manner in which the substances may enter a potable water system. This does not include a single-family residence that has a sewage lift pump. An RP may be provided in lieu of an AG if approved by the Health Agency and the City Utilities Division.
(c) Premises where there are irrigation systems into which fertilizers, herbicides, or pesticides are, or can be, injected.

AG
AG
RP
c. Premises where there are irrigation systems into which fertilizers, herbicides, or pesticides are, or can be, injected.

RP

2. Auxiliary Water Supplies
(2) a. Auxiliary Water Supplies
(a) Premises where there is an unapproved auxiliary supplyAuxiliary Supply which is interconnected with the public water system.Public Water System. An RP or DC may be provided· in lieu of an AG if approved by the Health Agency and the City Utilities Division.

AG
RP
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(b) Premises where there is an unapproved Auxiliary Supply and there are no interconnections with the Public Water System. A DC may be provided in lieu of an RP if approved by City Utilities Division. b. Premises where there is an unapproved auxiliary supply and there are no interconnections with the public water system. A DC may be provided in lieu of an RP if approved by the Health Agency and City Utilities Division.

RP

3. Recycled Water
a. Premises where the public water system is used to supplement the recycled water supply.

AG
(3) b. Recycled Water
(a) Premises where the public water system is used to supplement the recycled water supply.
(b) Premises where recycled water is used and there is no interconnection with the potable water system.

AG
RP

4. Fire Protection Systems
a. Premises where the fire system is directly supplied from the public water system and there is an unapproved auxiliary supply on or to the premises (not interconnected).

DC
b. (4) Fire Protection Systems
(a) Premises where the fire system is directly supplied from the public water Public Water System and there is an unapproved Auxiliary Supply on or to the Premises (not interconnected).
(b) Premises where the fire system is supplied from the Public Water System and interconnected with an unapproved auxiliary
supply.Auxiliary Supply. An RP may be provided in lieu of an AG if approved by the Health Agency and City Utilities Division. (c) Premises where the fire system is supplied from the Public Water System and where either elevated storage tanks or fire pumps which take suction from private reservoirs or tanks are used. (d) Buildings where the fire system is supplied from the Public Water System and where recycled water is used in a separate piping system within the same building.

DC
AG
DC
DC
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c. Premises where the fire system is supplied from the public water system and where either elevated storage tanks or fire pumps which take suction from private reservoirs or tanks are used.

DC
d. Buildings where the fire system is supplied from the public water system and where recycled water is used in a separate piping system within the same building.

DC

5. Dockside Watering Points and Marine Facilities
(5) a. Dockside Watering Points and Marine Facilities
(a) Pier hydrants for supplying water to vessels for any purpose. (b) Premises where there are marine facilities.

RP
RP
b. Premises where there are marine facilities. RP
(6) 6. Premises where entry is restricted so that inspections for crossconnectionsCross Connection cannot be made with sufficient frequency or at sufficiently short notice to assure that cross-connectionsCross Connection do not exist. either.

RP
(7) 7. Premises where there is a repeated history of cross-connectionsCross Connections being established or re-established.

RP
b. Two (2) or more services supplying water from different street mains to the same building, structure, or premisesPremises through which an interstreetinter-street main flow may occur shall have at least a standard check valve on each water service to be located adjacent to and on the property side of the respective meters. Suchsuch check valve shall not be considered adequate if back-flowBackflow protection is deemed necessary to protect the City's mains from pollution or contaminationContamination; in such cases the installation of approved backflow assembliesApproved Backflow Assemblies at such service connectionsService Connections shall be required.

D. Backflow Prevention Assemblies. BACKFLOW PREVENTION

ASSEMBLIES

1. Approved Backflow Prevention Assemblies.

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a. Only approved backflow prevention assemblies whichApproved Backflow Prevention Assemblies that have been approved by the City shall be acceptable for installation by a water userWater User connected to the City's potable water system. b. The cityCity will provide, upon request, to any affected customer a list of approved backflow prevention assemblies.

2. Approved Backflow Prevention Assemblies.

2. Approved Backflow Prevention Assembly Installation.
a. Approved backflow prevention assembliesBackflow Prevention Assemblies shall be installed in a manner prescribed in Section 7603, Title 17 of the California Administrative CodeCCCMP.

Location of the assemblies should be as close as practical to the user's connection. The City shall have the final authority in determining the required location of an approved backflow prevention assembly. Approved Backflow Prevention Assembly. i.
(1) Air-Gap Separation (AG). The air-gap separationAir-Gap Separation shall be located on the user's side of and as close to the service connectionService Connection as is practical. All piping from the service connectionService Connection to the receiving tank shall be above grade and be entirely visible. No water use shall be provided from any point between the service connectionService Connection and the air-gap separationAirGap Separation. The water inlet piping shall terminate a distance of at least two (2) pipes diameters of the supply inlet, but in no case less than one (1) inch (1") above the
overflowover- flow rim of the receiving tank.
ii.
(2) Reduced Pressure Principle Backflow Prevention
Assembly (RP). The approved reduced pressure principle
backflow prevention assemblyReduced Pressure Principle
Backflow Prevention Assembly shall be installed on the user's side of and as close to the service connectionService
Connection as is practical. The assembly shall be installed a minimum of twelve (12) inches (12") above grade and not more than thirty-six inches (36) inches") above grade measured from the bottom of the assembly and with a minimum of twelve (12) inches (12") side clearance. The assembly shall be installed so that it is readily accessible for maintenance and testing.

Water supplied from any point between the service
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connectionService Connection and the RP assembly shall be protected in a manner approved by the City.
iii.
(3) Double Check Valve Assembly (DC). The approved
double check valve assemblyDouble Check Valve Assembly
shall be located as close as practical to the user's service connectionService Connection and shall be installed above grade, if possible, and in a manner where it is readily accessible for testing and maintenance. If a double check valve assemblyDouble Check Valve Assembly is put below grade it must be installed in a vault such that there is a minimum of six (6) inches (6”) between the bottom of the vault and the bottom of the assembly so that the top of the assembly is no more than a maximum of eight (8) inches (8") below grade, so there is a minimum of twenty- four (24) inches (24") of clearance between the side of the assem-blyassembly with the test cocks and the side of the vault, and so there is a minimum of twelve (12) inches (12") clearance between the other side of the assembly and the side of the vault. Special consideration must be given to double check valve assembliesDouble Check Valve Assembles of the "Y" type. These assemblies must be
installed on their "side" with the teststest cocks in a vertical position so that either check valve may be removed for service without removing the assembly. Vaults which do not have an integrated bottom must be placed on a three (3) -inch (3") layer of gravel.

3. Approved Backflow Prevention Assembly Testing and Maintenance. a. The owners of any premisesPremises on which, or on account of which, approved backflow prevention assembliesApproved Backflow Prevention Assemblies are installed shall have the assemblies tested by a personPerson who has demonstrated their competency to the City in testing these assemblies.

Approved backflow prevention assembliesBackflow Prevention Assemblies must be tested at least annually and immediately after installation, relocation, or repair. The City may require a more frequent testing schedule if it is determined to be necessary. No assembly shall be placed back in service
unless it is functioning. as required. A report in a form acceptable to the City· shall be filed with the City each time an assembly is tested, relocated, or repaired. These assemblies shall be serviced, overhauled, or replaced whenever they are Created: 2025-07-14 13:32:29 [EST]
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found to be defective and all costs of testing, repair, and maintenance shall be borne by the water user. Water User. b. The City will supply affected water usersWater Users with a list of personsPersons licensed to test and certify approved backflow prevention assemblies.Approved Backflow Prevention
Assemblies. The cityCity will notify affected customers by mail when annual testing of an assembly is needed and also supply users with the necessary forms which must be filled out each time an assembly is tested or repaired.

4. Approved Backflow Prevention Assembly Removal.
a. Approval must be obtained from the City before an approved backflow prevention assemblyApproved Backflow Prevention Assembly is removed, relocated, or replaced.
i.
(1) Removal.: The use of an assembly may be
discontinued and the assembly removed from service
upon presentation of sufficient evidence to the City to verify that a hazard no longer exists or is not likely to be created in the future;
ii.
(2) Relocation.: An assembly may be relocated following confirmation by the City that the relocation will continue to provide the required protection and satisfy
installation requirements. A retest will be required
following the relocation of the assembly;
iii.
(3) Repair.: An assembly may be removed for repair,
provided the water use is either discontinued until
repair is completed and the assembly is returned to
service, or the service connectionService Connection is equipped with other backflow prevention
assemblyBackflow Prevention Assembly approved by
the City. A retest will be required following the repair of the assembly; and
iv.
(4) Replacement.: An assembly may be removed and
replaced provided the water use is discontinued until
the replacement assembly is installed. All replacement
assemblies must be approved. by the City and must be
commensurate with the degree of hazard involved.

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E. User Supervisor. USER SUPERVISOR
At each premisesPremises where it is necessary, in the opinion of the City, a user supervisor shall be designated by and at the expense of the water userUser. This user supervisor shall be responsible for the monitoring of the approved backflow prevention assembliesApproved Backflow Prevention Assemblies and for avoidance of cross-connections Connections. In the event of contaminationContamination or pollution of the drinking water system due to a cross-connectionCross Connection on the premisesPremises, the City shall be promptly notified by the user supervisor so that appropriate measures may be taken to overcome the contamination. The water userWater User shall inform the City of the user supervisor's identity on, as a minimum, an annual basis and whenever a change occurs.

F. Administrative Procedures.

F. ADMINISTRATIVE PROCEDURES

1. Water System Survey. system survey
a. The City shall review all requests for new services to determine if backflowBackflow protection is needed. Plans and specifications must be submitted to the City upon request for review of possible cross-connectionCross Connection hazards as a condition of service for new service
connections.Service Connections. If it is determined that an approved backflow prevention assemblyApproved Backflow
Prevention Assembly is necessary to protect the public water systemPublic Water System, the required assembly must be installed before service will be granted.
b. The City may require an on-premisesPremises inspection to evaluate cross-connectionCross Connection hazards. The City will transmit a written notice requesting an inspection appointment to each affected water userWater User. Any water userWater User who cannot or will not allow an onpremisesPremises inspection of his or her piping system shall be required to install the approved backflow prevention assemblyApproved Backflow Prevention Assembly the City
considers necessary.
c. The City may, at its discretion, require a reinspection for crossconnectionCross Connection hazards of any premisesPremises to which it serves water. The City will transmit a written notice Created: 2025-07-14 13:32:29 [EST]
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requesting an inspection appointment to each affected water userWater User. Any water userWater User who cannot or will not allow an on-premisesPremises inspection of his piping system shall be required to install the approved backflow prevention assemblyApproved Backflow Prevention Assembly the City considers necessary.

2. Customer Notification— - Assembly Installation.
a. The City will notify the water userWater User of the survey findings, listing the corrective actions to be taken if any are required. A period of sixty (60thirty (30) days will be given to complete all corrective actions required, including installation of approved backflow prevention assemblies. Approved Backflow Prevention Assemblies.
b. A second notice will be sent to each water userWater User who does not take the required corrective actions prescribed in the first notice within the sixty (60thirty (30) day period allowed.

The second notice will give the water userWater User a two (2) week period to take the required corrective action. If no action is taken within the two (2) week period, the City may terminate water service to the affected water userWater User until the required corrective actions are taken.

3. Customer Notification— - Testing and Maintenance.
a. The City will notify each affected water userWater User when it is time for the approved backflow prevention assemblyApproved Backflow Prevention Assembly installed on their service connectionService Connection to be tested. This written notice shall give the water userWater User thirty (30) days to have the assembly tested. The City will supply the water userWater User with the necessary form to be completed and resubmitted to the City.
b. A second notice shall be sent to each water userWater User who does not have his/her approved backflow prevention
assemblyApproved Backflow Prevention Assembly tested
within the thirty (30) day period as prescribed in the first notice. The second notice will give the water userWater User a two (2) week period to have his/her approved backflow
prevention assemblyApproved Backflow Prevention Assembly tested. If no action is taken within the two (2) week period, the Created: 2025-07-14 13:32:29 [EST]
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City may terminate water service to the affected water
userWater User until the subject assembly is tested.

4. Administrative Fees.

The City Council shall, by resolution, establish such fees as are necessary to implement the city's backflowCity's Backflow prevention program. Such fees may be amended from time to time, by resolution, as the City Council deems necessary. Any failure to timely pay such fee as may be adopted or amended from time to time shall result in the City discontinuing water service to the premises until such time as the delinquent fee, plus any assessed penalty, has been received by the City.

G. Water Service Termination.

G. WATER SERVICE TERMINATION

1. General.

When the City encounters water uses that represent a clear and immediate hazard to the potable water supply that cannot be immediately abated, the City shall. institute the procedure for discontinuing the City water service.

2. Basis For Termination.

Conditions or water uses that create a basis for water service termination shall include, but are not limited to, the following items:
a. Refusal to install a required approved backflow prevention assembly; Approved Backflow Prevention Assembly;
b. Refusal to test an approved backflow prevention assembly; Approved Backflow Prevention Assembly;
c. Refusal to repair a faulty approved backflow prevention assembly; Approved Backflow Prevention Assembly;
d. Refusal to replace a faulty approved backflow prevention assembly; Approved Backflow Prevention Assembly;
e. Direct or indirect connection between the public water systemPublic Water System and a sewer line;
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f. Unprotected direct or indirect connection between the public water systemPublic Water System and a system or equipment containing contaminants;
g. Unprotected direct or indirect connection between the public water systemPublic Water System and an auxiliary
systemAuxiliary System; and
h. A situation which presents an immediate health hazard to the public water system. Public Water System.

3. Water Service Termination Procedures.
a. For conditions in subsections (G)(2)(a), (, b), (, c), or (d), above, the City will terminate service to a customer's
premisespremise after two (2) written notices have been sent specifying the corrective action needed and the time period in which it must be done. If no action is taken within the allowed time period, water service may be terminated.
b. For conditions in subsections (G)(2)(e), (, f), (, g), or (h), above, the City will take the following steps:
i.
(1) Make a reasonable effort to advise the water userWater User of the City's intent to terminate water service;
ii.
(2) Terminate water supply and lock service valve. The
water service will remain inactive until correction of
violationsviolation has been approved by the City.

H. Tester Certification c. All termination notices and
Qualifications.procedures shall comply with applicable state and federal law.

H. TESTER CERTIFICATION AND QUALIFICATIONS
The following are minimum requirements:
a. Testers shall have had at least two (2) yearsyears’ experience in plumbing or pipe fitting, or equivalent qualifications. b. Testers shall hold a valid certification from the Orange County Health Care Agency, Environmental Health Division.AWWA.

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c. Each tester of approved backflow prevention
assembliesApproved Backflow Prevention Assemblies shall furnish evidence to show that he or she has available the necessary tools and equipment to properly test such
assemblies. He or she shall be responsible for the
competency and accuracy of all tests and reports prepared by him or her.
d. Testers shall hold a current City of San Clemente business license, Section 5.04.0208-2, City Municipal Code.

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