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Law (Number & Title) Purpose of the Salient Provisions

Law
REPUBLIC ACT NO. 9003 An act providing for an Sec. 4. National Solid Waste Management Commission. - There is hereby established a National Solid
ecological solid waste Waste Management Commission, hereinafter referred to as the Commission, under the Office of the
(ECOLOGICAL SOLID WASTE management program, President. The Commissioner shall be composed of fourteen (14) members from the government sector
MANAGEMENT ACT OF 2000) creating the necessary and three members from the private sector. The government sector shall be represented by the heads
institutional mechanisms of the following agencies in their ex officio capacity:
and incentives, declaring (1) Department of Environment and Natural Resources (DENR);
certain acts prohibited and (2) Department of the Interior and Local Government (DILG);
providing penalties, (3) Department of Science and Technology (DOST);
appropriating funds (4) Department of Public Works and Highways (DPWH);
therefore, and for other (5) Department of Health (DOH);
purposes. (6) Department of Trade and Industry (DTI);
(7) Department of Agriculture (DA);
Sec. 2. Declaration of (8) Metro Manila Development Authority (MMDA);
Policies. - It is hereby (9) League of provincial governors;
declared the policy of the (10) League of city mayors;
State to adopt a systematic, (11) League of municipal mayors;
comprehensive and (12) Association of barangay councils;
ecological solid waste (13) Technical Education and Skills Development Authority (TESDA); and
management program (14) Philippine Information Agency.
which shall: The private sector shall be represented by the following:
(a) Ensure the protection of (a) A representative from non-government organizations (NGOs) whose principal purpose is to promote
the public health and recycling and the protection of air and water quality;
environment; (b) A representative from the recycling industry; and
(b) Utilize environmentally- (c) A representative from the manufacturing or packaging industry;
sound methods that The Commission may, from time to time, call on any other concerned agencies or sectors as it may
maximize the utilization of deem necessary: Provided, That representatives from the NGOs, recycling and manufacturing or
valuable resources and packaging industries shall be nominated through a process designed by themselves and shall be
encourage resource appointed by the President for a term of three (3) years: Provided, further, That the Secretaries of the
conservation and recovery; member agencies of the Commission shall formulate action plans for their respective agencies to
(c) Set guidelines and targets complement the National Solid Waste Management Framework.
for solid waste avoidance and The Department Secretary and a private sector representative of the Commission shall serve as
volume reduction through chairman and vice chairman, respectively. The private sector representatives of the Commission shall
source reduction and waste be appointed on the basis of their integrity, high degree of professionalism and having distinguished
minimization measures, themselves in environmental and resource management. The members of the Commission shall serve
including composting, and continue to hold office until their successors shall have been appointed and qualified. Should a
recycling, re-use, recovery, member of the Commission fail to complete his/her term, the unexpired portion of the term. Finally, the
green charcoal process, and members shall be entitled to reasonable traveling expenses and honoraria.
others, before collection, The Department, through the Environmental Management Bureau, shall provide secretariat support to
treatment and disposal in the Commission. The Secretariat shall be headed by an executive director who shall be nominated by
appropriate and the members of the Commission and appointed by the chairman.
environmentally sound solid
waste management facilities Sec. 5. Powers and Functions of the Commission. - The Commission shall oversee the implementation
in accordance with of solid waste management plans and prescribe policies to achieve the objectives of this Act. The
ecologically sustainable Commission shall undertake the following activities:
development principles; (a) Prepare the national solid waste management framework;
(d) Ensure the proper (b) Approve local solid waste management plans in accordance with its rules and regulations;
segregation, collection, (c) Review and monitor the implementation of local solid waste management plans;
transport, storage, treatment (d) Coordinate the operation of local solid waste management boards in the provincial and
and disposal of solid waste city/municipal levels;
through the formulation and (e) To the maximum extent feasible, utilizing existing resources, assist provincial, city and municipal
adoption of the best solid waste management plans;
environmental practice in (f) Develop a model provincial, city and municipal solid waste management plan that will establish
ecological waste prototypes of the content and format which provinces, cities and municipalities may use in meeting the
management excluding requirements of the National Solid Waste Management Framework;
incineration; (g) Adopt a program to provide technical and other capability building assistance and support to local
(e) Promote national government units in the development and implementation of source reduction programs;
research and development (h) Develop and implement a program to assist local government units in the identification of markets
programs for improved solid for materials that are diverted from disposal facilities through re-use, recycling, and composting, and
waste management and other environment-friendly methods;
resource conservation (i) Develop a mechanism for the imposition of sanctions for the violations environmental rules and
techniques, more effective regulations;
institutional arrangement and (j) Manage the Solid Waste Management Fund;
indigenous and improved (k) Develop and prescribe procedures for the issuance of appropriate permits and clearances.
methods of waste reduction, (l) Review the incentives scheme for effective solid waste management, for purpose of ensuring
collection, separation and relevance and efficiency in achieving the objectives of this Act;
recovery; (m) Formulate the necessary education promotion and information campaign strategies;
(f) Encourage greater private (n) Establish, after notice and hearing of the parties concerned, standards, criteria, guidelines, and
sector participation in solid formula that are fair, equitable and reasonable, in establishing tipping charges and rates that the
waste management; proponent will charge in the operation and management of solid waste management facilities and
(g) Retain primary technologies.
enforcement and (o) Develop safety nets and alternative livelihood programs for small recyclers and other sectors that
responsibility of solid waste will be affected as a result of the construction and/or operation of solid waste management recycling
management with local plant or facility.
government units while (p) Formulate and update a list of non-environmentally acceptable materials in accordance with the
establishing a cooperative provisions of this Act. For this purpose, it shall be necessary that proper consultation be conducted by
effort among the national the Commission with all concerned industries to ensure a list that is based on technological and
government, other local economic viability.
government units, non- (q) Encourage private sector initiatives, community participation and investments resource recovery-
government organizations, based livelihood programs for local communities.
and the private sector; (r) Encourage all local government agencies and all local government units to patronize products
(h) Encourage cooperation manufactured using recycled and recyclable materials;
and self-regulation among (s) Propose and adopt regulations requiring the source separation and post separation collection,
waste generators through the segregated collection, processing, marketing and sale of organic and designated recyclable material
application of market-based generated in each local government unit; and
instruments; (t) Study and review of the following:
(i) Institutionalize public (i) Standards, criteria and guidelines for promulgation and implementation of an integrated national solid
participation in the waste management framework; and
development and (ii) Criteria and guidelines for siting, design, operation and maintenance of solid waste management
implementation of national facilities.
and local integrated,
comprehensive, and
ecological waste
management programs; and
(j) Strength the integration of
ecological solid waste
management and resource
conservation and recovery
topics into the academic
curricula of formal and non-
formal education in order to
promote environmental
awareness and action among
the citizenry.
REPUBLIC ACT NO. 6969 An Act to Control Toxic Sec. 3
Substances and Hazardous Scope
(Toxic Substances and and Nuclear Wastes,
Hazardous and Nuclear Wastes Providing Penalties For This Act shall cover the importation, manufacture, processing, handling, storage, transportation, sale,
Control Act of 1990) Violations Thereof, and for distribution, use and disposal of all unregulated chemical substances and mixtures in the Philippines,
other Purposes including the entry, even in transit, as well as the keeping or storage and disposal of hazardous and
nuclear wastes into the country for whatever purpose.
Sec. 2
Declaration of Policy Sec. 4
Objectives
It is the policy of the State to
regulate, restrict or prohibit The objectives of this Act are:
the importation, a. To keep an inventory of chemicals that are presently being imported, manufactured, or used,
manufacture, processing, indicating among others, their existing and possible uses, test data, names of firms manufacturing or
sale, distribution, use and using them, and such other information as may be considered relevant to the protection of health and
disposal of chemical the environment;
substances and mixtures
that present unreasonable b. To monitor and regulate the importation, manufacture, processing, handling, storage, transportation,
risk and/or injury to health sale, distribution, use and disposal of chemical substances and mixtures that present unreasonable risk
or the environment; to or injury to health or to the environment in accordance with national policies and international
prohibit the entry, even in commitments;
transit, of hazardous and
nuclear wastes and their c. To inform and educate the populace regarding the hazards and risks attendant to the manufacture,
disposal into the Philippine handling, storage, transportation, processing, distribution, use and disposal of toxic chemicals and other
territorial limits for substances and mixtures; and
whatever purpose; and to
provide advancement and d. To prevent the entry, even in transit, as well as the keeping or storage and disposal of hazardous and
facilitate research and nuclear wastes into the country for whatever purpose.
studies on toxic chemicals.
Sec. 6
Functions, Powers and Responsibilities of the Department of Environment and Natural Resources

The Department of Environment and Natural Resources shall be the implementing agency tasked with
the following functions, powers, and responsibilities.
a. To keep an updated inventory of chemicals that are presently being manufactured or used,
indicating among others, their existing and possible uses, quantity, test data, names of firms
manufacturing or using them, and such other information as the Secretary may consider relevant to the
protection of health and the environment;

b. To require chemical substances and mixtures that present unreasonable risk or injury to health or to
the environment to be tested before they are manufactured or imported for the first time;

c. To require chemical substances and mixtures which are presently being manufactured or processed
to be tested if there is a reason to believe that they pose unreasonable risk or injury to health or the
environment;

d. To evaluate the characteristics of chemicals that have been tested to determine their toxicity and the
extent of their effects on health and the environment;

e. To enter into contracts and make grants for research, development, and monitoring of chemical
substances and mixtures;

f. To conduct inspection of any establishment in which chemicals are manufactured, processed, stored
or held before or after the commercial distribution and to make recommendations to the proper
authorities concerned,

g. To confiscate or impound chemicals found not falling within the standard set by the rules and
regulations and the said acts cannot be enjoined except after the chemicals have been impounded;

h. To monitor and prevent the entry, even in transit, of hazardous and nuclear wastes and their
disposal into the country;

i. To subpoena witnesses and documents and to require other information if necessary to carry out the
provisions of this Act;

j. To call on any department, bureau, office, agency, state university or college, and other
instrumentalities of the Government for assistance in the form of personnel, facilities, and other
resources as the need arises in the discharge of its functions;

k. To disseminate information and conduct educational awareness campaign on the effects of chemical
substances, mixtures and wastes on health and environment; and
l. To exercise such powers and perform such other functions as may be necessary to carry out its
duties and responsibilities under this Act.

Sec. 9
Chemicals Subject to Testing
Testing shall be required in all cases where:
a. There is a reason to believe that the chemical substance or mixture may present an unreasonable
risk to health or the environment or there may be substantial human or environmental exposure thereto;

b. There are insufficient data and experience for determining or predicting the health and
environmental effects of the chemical substance or mixture; and

c. The testing of the chemical substance or mixture is necessary to develop such data.
The manufacturers, processors or importers shall shoulder the costs of testing the chemical substance
or mixture that will be manufactured, processed or imported.

Sec. 13
Prohibited Acts

The following acts and omissions shall be considered unlawful:


a. Knowingly use a chemical substance or mixture which is imported, manufactured, processed or
distributed in violation of this Act or implementing rules and regulations or orders;

b. Failure or refusal to submit reports, notices or other information, access to records as required by
this Act, or permit inspection of establishment where chemicals are manufactured, processed, stored or
otherwise held;

c. Failure or refusal to comply with the pre-manufacture and pre-importation requirements; and

d. Cause, aid or facilitate, directly or indirectly, in the storage, importation, or bringing into Philippine
territory, including its maritime economic zones, even in transit, either by means of land, air or sea
transportation or otherwise keeping in storage any amount of hazardous and nuclear wastes in any part
of the Philippines.
Section 14
Criminal Offenses and Penalties
a.
1. The penalty of imprisonment of six (6) months and one day to six (6) years and one day and a fine
ranging from Six hundred pesos (P600.00) to Four thousand pesos (P4,000.00) shall be imposed upon
any person who shall violate section 13(a) to (c) of this Act and shall not be covered by the Probation
Law. If the offender is a foreigner, he or she shall be deported and barred from any subsequent entry
into the Philippines after serving his or her sentence;

2. In case any violation of this Act is committed by a partnership, corporation, association or any
juridical person, the partner, president, director or manager who shall consent to or shall knowingly
tolerate such violation shall be directly liable and responsible for the act of the employees and shall be
criminally liable as a co-principal;

3. In case the offender is a government official or employee, he or she shall, in addition to the above
penalties, be deemed automatically dismissed from office and permanently disqualified from holding
any elective or appointive position.
b.
1. The penalty of imprisonment of twelve (12) years and one day to twenty (20) years, shall be imposed
upon any person who shall violate section 13(d) of this Act. If the offender is a foreigner, he or she shall
be deported and barred from any subsequent entry into the Philippines after serving his or her
sentence;

2. In case of corporations or other associations, the above penalty shall be imposed upon the
managing partner, president or chief executive in addition to an exemplary damage of at least Five
hundred thousand pesos (P500,000.00). If it is a foreign firm, the director and all officers of such foreign
firm shall be barred from entry into the Philippines, in addition to the cancellation of its license to do
business in the Philippines;

3. In case the offender is a government official or employee, he or she shall in addition to the above
penalties be deemed automatically dismissed from office and permanently disqualified from holding any
elective or appointive position.
c. Every penalty imposed for the unlawful importation, entry, transport, manufacture, processing, sale or
distribution of chemical substances or mixtures into or within the Philippines shall carry with it the
confiscation and forfeiture in favor of the Government of the proceeds of the unlawful act and
instruments, tools, or other improvements including vehicles, sea vessels, and aircrafts used in or with
which the offense was committed. Chemical substances so confiscated and forfeited by the
Government at its option shall be turned over to the Department of Environment and Natural Resources
for safekeeping and proper disposal.
d. The person or firm responsible or connected with the bringing or importation into the country of
hazardous or nuclear wastes shall be under obligation to transport or send back said prohibited wastes;

Any and all means of transportation, including all facilities and appurtenances that may have been used
in transporting to or in the storage in the Philippines of any significant amount of hazardous or nuclear
wastes shall at the option of the government be forfeited in its favor.

PRESIDENTIAL DECREE No. The ultimate objective of this Sec. 81. Definition of Terms As used in this Chapter, refuse is an inclusive term for all solid waste
856 was to improve the way of products consisting of garbage, rubbish, ashes, night soil, manure, dead animals, street sweepings and
the Filipinos by directing industrial wastes.
(Code on Sanitation of the public health services
Philippines) towards the protection and Sec. 82. Responsibility of Cities and Municipalities Cities and municipalities shall provide an adequate
promotion of the health of and efficient system of collecting, transporting and disposing refuse in their areas of jurisdiction in a
our people. There also manner approved by the local health authority.
arose the need for
codifying and updating the Sec. 83. Additional Requirements
scattered sanitary laws to
ensure the provision of (a) Occupants of buildings and residences shall; provide a sufficient number of receptacles for refuse.
handy reference and guide Refuse in receptacles shall be protected against vermin and other animals.
for fast reinforcement.
(b) Refuse shall be disposed through a municipal collection service. If this service is not available,
disposal shall be by incineration, burying, sanitary landfill or any method approved by the local health
authority.

(c) Refuse shall not be thrown in any street, sidewalk, yard, park or any body of water. It shall be stored
in a suitable container while awaiting its final disposal.

(d) Streets shall be kept clean by occupants or owners of properties lining the street from the line of the
property to the middle of the street and from one property to the other.

(e) Parks, plazas and streets adjacent to public buildings shall be kept clean by the local government
concerned.

PRESIDENTIAL DECREE No. To prohibit the improper Sec. 1. Any provision of existing laws to the contrary notwithstanding, all citizens and residents of the
825 disposal of garbage. Philippines; all universities, colleges and schools and other similar institutions, private as well as public;
all commercial and industrial establishments such as hotels, restaurants, hospitals, cinema houses,
(Penalty for Improper Disposal public markets, department stores, groceries and the like; all public conveyances; all residential houses;
of Garbage and Other Forms of and all other establishments of any kinds, shall undertake the cleaning of their own surroundings, their
Uncleanliness and for Other yards and gardens, as well as the canals, roads or streets in their immediate premises.
Purposes.)
All garbage, filth and other waste matters, shall be placed in the proper receptacles for the disposition
thereof by garbage collectors.

Sec. 2. Any person, who shall litter or throw garbage, filth, or other waste matters in public places, such
as roads, canals esteros or parks, shall suffer an imprisonment of not less than 5 days nor more than
one year or a fine of not less than P100 nor more than P2, 000.00 or both such fine and imprisonment
at the discretion of the Court or tribunal, without prejudice to the imposition of a higher penalty under
any other law or decree.

If the violator is a corporation, firm, or other corporate entities, the maximum penalty shall be imposed
upon the president, manager, director or persons responsible for its operation.

Sec. 3. Owners of idle lots in Greater Manila are required to keep their idle lots clean to protect them
from becoming the breeding places of mosquitos, flies, mice, rats and other scavengers. In the event of
their failure or inability to comply with this obligation, the government shall undertake the cleaning of
said lots at the expense of the owners. The government may, through the Barangay Council, further
utilize the land for its food production program.

Sec. 4. The Secretary of Public Works, Transportation and Communications, with the assistance of
health officials and local governments concerned, shall supervise the implementation of this Decree.

DENR Administrative Order No. Sec. 2. Declaration of Policy. Sec. 3. Scope. These Guidelines shall cover the development of new municipal solid waste disposal
49 Series of 1998 It is hereby declared a policy sites in the Philippines including a phased schedule for the conversion and upgrading of existing
of the DENR to provide dumpsites into a more sanitary and environmentally acceptable manner.
(Technical Guidelines For direct technical guidance
Municipal Solid Waste to the LGUs in order to Sec. 4. Role of the DENR. To ensure the effective implementation of these Guidelines, the DENR shall:
Disposal) promote their adoption of
environmentally-sound, 4.1 supervise and monitor the gradual phase of existing open dumps nationwide in coordination with the
technically-feasible and Department of Health, the Department of Interior and Local Government, various local government units
economically-sustainable and other relevant entities; and,
solid waste management
options, through standards 4.2 provide technical assistance in the planning and implementation of the upgrading of existing open
and guidelines that could be dumpsites to environmentally-sound landfills with regards to its adherence to the herein prescribed
consistently applied to engineering and environmental standards.
different LGUs throughout the
country. Sec. 5. Role of the Local Government Units. The LGUs shall prepare and implement local action plans
and formulate local regulations to facilitate and support the closure and upgrading of existing open
dumps.

ADMINISTRATIVE ORDER No. Sec. 1. There is hereby Sec.2. The Project Management Office shall have the following functions and responsibilities:
93-90 created a Project a. Formulate an integrated national systems framework on solid waste management as well as the
Management Office on criteria/guidelines in the preparation of local waste management plans;
Solid Waste Management b. Formulate specific strategies and plans for the efficient, effective and economic implementation of the
(CREATING A PROJECT under the Presidential Task Solid Waste Management Framework;
MANAGEMENT OFFICE ON Force on Waste c. Formulate standards, systems and procedures for the management and operation of transfer stations
SOLID WASTE MANAGEMENT Management, with the and sanitary landfills;
UNDER THE PRESIDENTIAL Department of Environment d. Provide technical assistance in the construction and site development of transfer stations and
TASK FORCE ON WASTE and Natural Resources as sanitary landfills;
MANAGEMENT) the lead executing agency. e. Collect, manage and maintain relevant technical information and database pertaining to all aspects of
solid waste generation, collection, reuse and disposal;
f. Formulate and implement an information, education and communication plan to increase public
awareness, understanding, appreciation and acceptance of PRIME-M4 Page 2 of 3 new solid waste
disposal facilities thereby improving the solid waste management system;
g. Formulate and conduct appropriate community relation, programs in the vicinity of the sites of the
sanitary landfills and transfer stations to inform and educate the communities on the benefits and the
environmental safety features of the facilities and to allay fears of the perceived hazards and negative
effects of the facilities;
h. Identify community needs which may be addressed as part of the development of sites such as
infrastructure, utilities and other services which can improve the communities and foster support for the
solid waste disposal facilities;
i. Facilitate site acquisition process by encouraging community consultations and participation;
j. Formulate an appropriate cost recovery system for disposal facilities to ensure that these facilities
shall be financially viable;
k. Hire and develop qualified staff for the various aspects of solid waste management;
l. Accept foreign grants and donations;
m. Draft a bill creating the Waste Management Authority which shall handle all matters on waste
management; n. Prepare a capability building program for local government units in relation to their
solid waste management programs/projects;

o. Develop and prescribe procedures for the issuance of the appropriate permits and clearances on the
operation and maintenance of solid waste facilities;
p. Establish a mechanism to ensure compliance with environmental rules and regulations, including the
imposition of sanctions for violations;
q. Evaluate program/project proposals on waste management;
and,
r. Monitor the implementation of programs/projects to ensure compliance with established
standards/criteria.

DENR ADMINISTRATIVE ORDER No. Sec. 1. Statement of Policy. It is Sec. 2. Definition of Terms. As used in and for the purpose of these guidelines, the following terms and phrases
50 Series of 1998 the declared policy of the shall have the corresponding meaning herein below stated:
Department as provided in the Absolute criteria - this sets the minimum requirement(s) that a site must meet for it to be considered.
ADOPTING THE LANDFILL SITE "Philippine Environment Code Conditional criteria - this indicates that a certain site has met the absolute Condition/requirements but is still
IDENTIFICATION AND SCREENING (PD 1152), and the Pollution subject to or dependent upon certain additional conditions that can Enhance the site selection process but are
CRITERIA FOR MUNICIPAL SOLID Control Decree of 1976 (PD not exclusionary.
WASTE DISPOSAL FACILITIES (984)" and their implementing Confined aquifers - an aquifer located between two relatively Impermeable layers.
rules and regulations, to adopt Generation rate - the amount of waste generated, usually expressed as Kg/person/day.
a system for a safe and sanitary Haul distance - the distance a collection vehicle travels from its service area (collection area) to a treatment
disposal of waste. and/or to the disposal facility.
Impervious - does not allow passage to, or is impermeable.
Leachate - liquid contaminated from contact with decomposing Wastes containing bacteria and other materials
that drain out of dumpsites and landfills.
Liners - act as a low-permeability barrier to eliminate leakage or minimize the rate at which leachate within the
waste facility escape into the surrounding environment. Liners may be clayey soils or synthetic materials (e.g.
high density polyethylene, or a combination of both).
Liquefaction - the process of making or becoming liquid or the state of being liquid.
Perennial - present at all season of the year. Permeability - the rate at which a substance can penetrate or pass
through a medium (e. g. soil).
Recharge area - a highly permeable region or area that serves as a recur.
Sanitary Landfill - a waste disposal site designed, constructed, operated and maintained in a manner that exerts
engineering control over significant potential environment impacts arising from the development and operation
of the facility.
Seismic - refers to earth movement or vibration.
Sinkholes - a hallow or depression in which drainage collects.
Transfer station - a place or facility where wastes are transferred from smaller collection vehicles into larger
transport vehicles for transport to the final disposal site.
Topography - the physical configuration of a surface detailing the natural and man-made features, showing their
relative position and elevations
Up-gradient - up-slope or upstream
Visual barriers - refer to natural or man-made barriers used to keep a disposal area visually inaccessible.
Waste characteristic - refer to the properties of the waste stream (e.g. type, physical and chemical composition).

Sec. 3. Scope. These guidelines shall apply to all waste disposal site in the country, be they operated by Local
Government Units (LGUs) and/or the private sector.
Sec. 4. Landfill Site Identification and Screening Criteria. The following criteria shall be used to identify and
screen possible site of Sanitary Landfill:
(1) Area Capacity and Availability
(2) Haul Distance and Time
(3) Proximity to Sensitive Groundwater Resources
(4) Proximity to Perennial Surface Water
(5) Occurrence of Flooding
(6) Proximity to Sensitive Land Users
(7) Local Ecological Conditions
(8) Current and Future Land Use
(9) Seismic Condition
(10) Geologic Condition
(11) Soil/Land Condition
(12) Topography
(13) Proximity to Airports

Sec. 5. Site Identification and Screening Methodology. The sanitary landfill site identification methodology shall
be composed of the following steps:
a. data acquisition;
b. plotting of excluded areas, identified on the basis of the absolute criteria, in an appropriate map;
c. identification of candidate areas from the map for field survey;
d. site survey and evaluation; and
e. selection of preferred site(s).

Data can be obtained from existing maps (1:50,000 or 1:200,000), aerial photographs, site visits and interviews
with local officials and residents. The results of the siting process should be presented in the form of an
acceptability matrix showing the quantitative evaluation of each site based on the site identification and
screening criteria.
The acceptability matrix will aid the local officials in assessing the best site for the proposed landfill and
ecological waste management center. The final decision should be approved by the council of elected officials
after due public consultation, taking account of both the technical and financial considerations.

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