Sewer Problems – Grandview

Filed under: — tkm October 4, 2005 @ 23:0 pm

The following articles, documents, and pictures depict why taxpayers in various wards are upset with the combination sewer problems in their neighborhood.
Keep checking this page for updates.

Sewage and water issues in the Grandview area.

Mark your calendar: Thursday, March 5th, 2008 @ 9:00 am, Scioto County Courthouse

Joe Griffith notified all plaintiffs in the Essman and Murray cases that the Ohio 4th District Court of Appeals will be hearing the City’s appeal on the issue of soverign immunity in the Essman case.

Please attend and show your support for the people of Portsmouth!!

This could be you living in sewage!

posted by tkm 3-4-09
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At the 9-22-08 City Council Meeting the preliminary SWMM Model was distributed to Council members:

CLICK: SWMM Model for the City of Portsmouth

posted by tkm 9-24-08
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9-8-08 Request for a formal operational change with the combined sewer system operation. 

CLICK: 9-8-08 USEPA letter -TBBramscher to Mr. Duncan Director of Wastewater and Flood Defense

posted by tkm 9-23-08
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CLICK: 9-5-08 email from Jane Murray to Martin Russell, EPA

posted by tkm 9-23-08
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9-2-08 Mr. Duncan to Mr. Sudhir Desai, US Environmental Protection Agency, Region 5 – Long Term Control Plan schedule, Grandview Avenue basement flooding.

CLICK: 9-2-08 Letter from Mr. Duncan to Mr. Sudhir Desai 

posted by tkm 9-23-08
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Video Updates from the 8-25-08 City Council Meeting:

Monday night Jane Murray presented to Council and the public an update on the EPA meeting that was held on August 7th, 2008. During this presentation President of Council Howard Baughman, who is also the 5th Ward Council, silenced Ms Murray and refused to listen to one of his constituents. This kind of attitude by Baughman has been demonstrated throughout Baughman’s tenure as 5th Ward Council.

CLICK: 8-25-08 Jane Murray

Also at Monday’s City Council Meeting Rick Duncan presented to Council and the public his update on the EPA meeting of August 7th, 2008.

CLICK: 8-25-08 Waste Water Plant Director – Rick Duncan

During the Mayor’s Report he (the Mayor) basically admits publically that he is uneducated in any of the City of Portsmouth’s laws or its operations.

CLICK:  8-25-08 Mayor’s Report – Jim Kalb

posted by tkm 8-27-08
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new 9-23-08

8-21-08 Murray letter to Mr. Desai, Water Enforcement & Compliance Assurance Brach

CLICK: 8-21-08 Letter written on behalf of the people in the City of Portsmouth who are affected by the combined sewer problem.

posted by tkm 9-23-08
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new 9-23-08

8-6-08 Everything you wanted to know about storm and sewer lines but were afraid to ask.

CLICK: 8-6-08 Craig Gilliland to Administrative Staff

posted by tkm 9-23-08
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posted by tkm 7-31-08
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BE INFORMED

posted by tkm 7-30-08
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7-28-08 – Below are copies of letters presented to me from citizens of the Grandview area for posting. These citizens are living day-to-day in fear, terror, and with great anxiety for their future and what tomorrow will bring.

The citizens of Portsmouth deserve better.

Several of our City Officials of Portsmouth, Mayor Jim Kalb, President of Council Howard Baughman and 5th Ward Council; Vice President of Council David Malone and 2nd Ward Council; Mike Mearan 1st Ward Council; Jerrold Albrecht, 4th Ward Council, and Mike Jones Solicitor have turned a blind eye to the suffering of citizens in the Grandview area for their own selfish motive. Whether the motive for their neglect is to not be man enough to standup and admit their mistakes, or to try and dupe the citizens of Portsmouth into a City complex they can’t afford their actions are still called negligence.

Read the heart felt testimony of several citizens who live in the area of Grandview who have been disregarded by these City officials for their own selfish agenda or arrogance.

CLICK:  6-08 Larry & Loretta Essman

CLICK:  6-08 Bob & Ruth Marasek

CLICK:  7-14-08 Cindy Newsom

posted by tkm 7-28-08
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7-24-08  –  All scheduled court appearance in the Essman et al v City of Portsmouth has been cancelled to date. This is due to Judge Harcha ruling 100% against the City’s request for Summary Judgment and the fact the City has decided to file an Appeal against this decision in the Ohio 4th District Court of Appeals.

More information will be disseminated when available.

CLICK:  7-21-08 Copy of Defendant’s denied request for Summary Judgment

posted by tkm 7-24-08 updated 7-25-08
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Case 06CIC00040 Essman et al v City of Portsmouth

Judge Harcha Court Room

Pretrial – Civil
Thursday, July 24, 2008 @ 2:00 pm

Jury Trial – 5 Days
Monday, August 4, 2008 thru Friday, August 8, 2008 @ 9:00 am daily.

posted by tkm 7-23-08
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7-23-08 – As many of you may know but same are unaware the large yellow and black 4’ x 8’ sign (see 6-25-08 below) that was on Grandview was destroyed two weeks ago by insensitive individual(s). These unfeeling individual(s) painted obscene expressions and foul language across the sign. This not only disrespects the citizen’s living in the Grandview area who feel the pain from the negligence of city officials, but was inconsiderate and inappropriate to others, especially the youth, of our community who drove or walked past the vulgarities prior to the removal of the sign by the residents of Grandview.

Below are pictures of the new signs placed in the Grandview area that make known the negligence of city officials like Howard Baughman, who is 5th Ward Council and should be representing these citizens and Jim Kalb the unqualified Mayor who continues running the city finances in the ground without a plan.

posted by tkm 7-23-08
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LARRY ESSMAN, et al vs. CITY OF PORTSMOUTH
Case #06CIC00040

06/02/08 the Defendant (City of Portsmouth) filed through their attorney with the Court of Common Pleas for Summary Judgment.

07/18/08 This matter comes before the Court on Defendant’s Motion for Summary Judgment; at issue in this matter is Summary Judgment for Defendant city of Portsmouth as against all Plaintiffs;

Plaintiffs have shown some evidence to refute defendant’s motion and as such the case shall continue; There are material issues of fact still at large and the defendant is not entitled to judgment as a matter of law based on a review of the relevant authorities; for the reasons stated above defendant’s motion for summary judgment is not well taken and is herby overruled; it is so ordered.

Judge Harcha denied the City of Portsmouth’s request for Summary Judgment.

posted by tkm 7-23-08
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7-14-08 “Regular” City Council Meeting – Council President Howard Baughman, 5th Ward Council, expresses the reason for negligence by city officials in the Grandview area is the fault of the Ohio EPA. I wonder how the EPA is going to see this.

Below is a video clip of Mr. Baughman trying to excuse himself and others members of council for being negligent in their inactions in the Grandview area.

When city officials do not represent their constituents these individuals must rely on out of town attorneys. There is one lawsuit in the courts with 18 individuals involved and a second lawsuit being prepared that will include 10 individuals. This lawsuit due to the negligence of several city officials could bankrupt the city of Portsmouth.

CLICK:  Howard Baughman blaming Ohio EPA for the negligence of certain city officials of Portsmouth (Howard Baughman, Mike Malone, Mike Mearan, Jerrold Albrecht, Jim Kalb and Trent Williams – several others in the past but these are the individuals associated with the current conditions.  These Individuals could do something positive if they wanted to but choose not to.)

posted by tkm 7-15-08
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6-25-08 – A sign has been placed on Grandview Ave. This sign has space for everyone to place their signature letting City officials know you are tired of their NEGLIGENCE!!!!!

posted by tkm 6-25-08
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6-23-08 “Regular” City Council Meeting

Below are videos filmed at the 6-23-08 “Regular” City Council Meeting. The topic of conversation in these videos deal with the flooding in the SOMC hospital area, which is located in the 5th Ward.

CLICK: 6-23-08 Jane Murray (1)
CLICK: 6-23-08 Jane Murray (2)

CLICK: 6-23-08 Howard Baughman, President of Council and 5th Ward Council

posted by tkm 6-25-08
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Below is a letter dated June 19, 2008 addressed to the U.S. EPA, Chicago Office, from Jane Murray, “Wastewater/storm water run-off and combined sewers in Portsmouth, OH”

CLICK: 6-19-08 Jane Murray to Mr. Desai, US EPA

posted by tkm 6-24-08
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Below is a letter dated June 18, 2008 from the Ohio EPA to the Mayor and Council of Portsmouth. This letter states, “City officials are on record stating that flooding has increased in frequency since the expansion of the Southern Ohio Medical Center. This expansion continues to increase the amount of impervious surfaces contributing runoff to the City’s combined sewer system (CSS), resulting in an increase in the volume and rate of storm water runoff.”

“Please note the Ohio EPA requested that the City of Portsmouth address this issue…”

CLICK: 6-18-08 Ohio EPA to Mayor and Council

posted by tkm 6-24-08
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6-4-08 Citizens of Portsmouth are once again reminded city officials are negligent in providing services to the property owners of Portsmouth, Ohio; this is called dereliction of duty. Instead of taking care of the citizens several city officials want to build a castle for city offices and let the remainder of the city turn into a moat. They want you, the property owners, to pay for their castle while you live in human waste and unknown matter.

The below pdf provides pictures taken on 6-3-08 by Moezine and Claudette Ferguson.
Questions you should ask yourself. What should the city do – Build themselves a castle? or Provide property owners of Portsmouth the Services they need and deserve?

CLICK:  6-4-08 Grandview pictures

CLICK:  6-4-08 Grandview pictures

posted by tkm 6-4-08 updated 6-24-08
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Judge Harcha set the trial date for November 5, 2007; he will allow 2 weeks for the trial.

posted by tkm 3-23-07 on CCG
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3-23-07 – Cities all across the United States are embracing the idea of transparent and open government, but not here in Portsmouth, Ohio. Citizens of Portsmouth have been turned down or ignored on their request for public records. Public officials of Portsmouth have found ways to close doors on public meetings; whether by hiding announcements of meetings in newspapers, by using round-robin sessions, email, telephone etc. Until today, I did not feel the Judicial Branch of our government in Portsmouth was involved in encouraging the practice of keeping citizens in the dark. Was I ever wrong!

Today, March 12, 2007, in the Common Pleas Court, Judge Harcha’s Court Room, I was refused the opportunity to video or audiorecord the proceedings in the case Larry Essman et al v City of Portsmouth, Ohio. This case involves several citizens, property owners and taxpayers living in the Grandview Ave. area. These citizens have been ignored and tossed aside by both the City and the Southern Ohio Medical Center (SOMC), and now the Judicial System in Portsmouth concerning their issue with raw sewage and miscellaneous hospital waste backing up in their basements. This case is highly visible and demonstrates negligence shown towards the taxpayers of Portsmouth by the various city officials, including the 5th Ward Council person Howard Baughman, and the SOMC. The SOMC should ensure their progression does not greedily and selfishly assault the community.

Today Judge Harcha refused to let a citizen, me, record the proceedings, but allowed a representative from the Community Common to maintain and record the proceedings. The Community Common representative, Wayne Allen, is well known for one-sided and slanted reporting. Also, the Community Common is well known for its loyalty to the Southern Ohio Growth Partnership (SOGP), who encourages and places emphasis on misleading information from the local media. I hope you noticed I did not call the Community Common a newspaper or Wayne Allen a writer – that would be considered false and misleading information.

My past opinion of the judicial system in Portsmouth was based solely on my personal experience in Judge Marshall’s Court. Judge Marshall’s attitude towards the public and transparency is what is required within our Judicial System and our other branches of the government.

I will end by saying I am truly disappointed in Judge Harcha. I truly thought he would be a fair and unbiased Judge.

posted by tkm 3-23-07 on CCG
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Notice of Oral Hearing scheduled:

Judge Harcha’s Court Room
Friday, March 23, 2007 @ 2:30pm
2nd Floor, Court House

posted by tkm 3-2007
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Below are videos 1-22-07 taken during the “Regular” City Council Meeting discussing known sewer issues that have been ongoing in the Grandview area for several years.

CLICK:  1-22-07 Howard Baughman, President Council
CLICK:  1-22-07 Bill Beaumont, Engineering
CLICK:  1-22-07 David Kuhn, Solicitor

The 9-16-06 Stilson Report Draft is linked below addressing the Combined Sewer System in Portsmouth, Ohio. 

CLICK:  9-16-06 Combined Sewer System – Long Term Control Plan

A letter was sent to the Ohio EPA district representatve on 8-22-06 requesting a short extension.

CLICK: 8-22-06 Status of CSO Long Term Control Plan Submittal written by Richard Duncan with copies provided to Mayor; Council; Stilson; and Desai, US EPA Region V

Provided below are links to three depositions and the Exhibits from the ongoing lawsuit filed by the residents of the Grandview Ave. area.

For almost a year citizens of Portsmouth have been asking where the long-term plans for the Combined Sewer System in Portsmouth are.  This project was contracted to the company “Stilson” consulting group in the amount of ~$600,000.00.  The City’s common response has always been, the plans are not completed.  But, when you read the depositions you will realize the plans must be complete and the City officials have been lying to the public.

CLICK LINKS BELOW:

CLICK: 6-22-06 Altman Deposition
CLICK: 6-22-06 Payton Deposition
CLICK: 6-22-06 Shaw Deposition
CLICK: http://portsmouthcitizens.info/Grandview/ExhibitA.pdf
CLICK: http://portsmouthcitizens.info/Grandview/ExhibitB.pdf
CLICK: http://portsmouthcitizens.info/Grandview/ExhibitC.pdf
CLICK: http://portsmouthcitizens.info/Grandview/ExhibitD.pdf
CLICK: http://portsmouthcitizens.info/Grandview/ExhibitE.pdf
CLICK: http://portsmouthcitizens.info/Grandview/ExhibitF.pdf
CLICK: http://portsmouthcitizens.info/Grandview/ExhibitG.pdf
CLICK: http://portsmouthcitizens.info/Grandview/ExhibitH.pdf
CLICK: http://portsmouthcitizens.info/Grandview/ExhibitI.pdf
CLICK: http://portsmouthcitizens.info/Grandview/ExhibitJ.pdf
CLICK: http://portsmouthcitizens.info/Grandview/ExhibitK.pdf
CLICK: http://portsmouthcitizens.info/Grandview/ExhibitL.pdf
CLICK: http://portsmouthcitizens.info/Grandview/ExhibitM.pdf
CLICK: http://portsmouthcitizens.info/Grandview/ExhibitN.pdf
CLICK: http://portsmouthcitizens.info/Grandview/ExhibitO.pdf
CLICK: http://portsmouthcitizens.info/Grandview/ExhibitP.pdf
CLICK: http://portsmouthcitizens.info/Grandview/ExhibitQ.pdf
CLICK: http://portsmouthcitizens.info/Grandview/ExhibitR.pdf

posted by tkm 7-16-06 updated 6-11-08
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10-25-04 SOMC Letter to D. Joe Griffith

CLICK:  10-25-04 SOMC TO D. Joe Griffith

posted by tkm 8-7-08
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5-2004 link below are pictures taken of homes in the Grandview area after being infested by sewer back-up during a rain storm.

CLICK: 5-2004 pictures

posted by tkm 7-16-06
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3-16-04 (see link below) Mike Shaw, Director of Waste Water, City of Portsmouth, received a letter from the Ohio EPA. This letter reiterates concerns and issues the agency had in regards to the Hospital area/Grandview avenue basement flooding issue. This letter also requests an update from the City on how the items were addressed.

CLICK: 3-16-04 Ohio EPA letter to Mike Shaw, Director of Waste Water

posted by tkm 6-24-08
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6-7-01 The Mayor sent a letter to Beverly Heasley, Hill View Retirement Center, concerning the City Storm Water Issues and Future Development.  In this letter the Mayor explains current plans for “Ordinances to address citywide problem.  In addition, we have been working with the Ohio EPA to investigate and create retention facilities for entities that have large multiple roof systems and impervious areas.”

The City has still not enacted any Ordinances to take care of the residence, the taxpayers, of the Grandview area.  This type of inactions by City officials is called negligence.

CLICK:  6-7-01 Correspondence from the Mayor to Hill View Retirement Center

posted by tkm 7-25-08 
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1-29-01 The Mayor sent correspondence to Ohio EPA on several issues that plague Portsmouth; one of the issues is the Grandview Flooding.  In this correspondence the Mayor relays that several meeting have been held to discuss runoff and future construction.

Seems all that has ever been accomplished by past and current city officials is discussions!

CLICK:  1-29-01 Mayor Letter to Ohio EPA

posted by tkm 7-25-08
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12-13-00 Ohio EPA met with Mike Shaw and Scott Foster to conduct a Compliance Evaluation Inspection at the City Wastewater Treatment Plant.  The below link will take you to a letter written by Ohio EPA to the Mayor and Council on 12-20-00.

CLICK:  12-20-00 Letter from Ohio EPA to Mayor and Council

posted by tkm 8-8-08
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9-19-00 Memo “… I think the point is, we just need to stay on top of Portsmouth to correcct the CSO problems that have been identified.  If they don’t respond satisfactorily, we should pursue escalated enforcement action.”

CLICK:  9-19-00 Memo from Dave Schuetz to Bob Little, Ohio EPA

posted by tkm 7-25-08
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9-8-00 link below is a letter that was sent to Mayor Bauer and Council Members from the Ohio EPA. This letter provides information about a drive through inspection and guidance for the City of Portsmouth in the area of development and stormwater controls.

CLICK:  9-8-00 Letter from EPA to Mayor and Council

posted by tkm 7-14-08
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8-31-00 Ohio EPA wrote a summary of various communications with both the City and SOMC. Also, in the memo is noted “DSW has written to City officials and asked for a firm commitment for abating this problem…”

CLICK: 8-31-00 Ohio EPA Internal Memo

posted by tkm 7-25-08
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8-30-00 Memo linked below written by the Mayor to Ohio EPA states, “It is the opinion of the Mike Shaw, Public Utilities Director – Waste Water, the problems we are experiencing are not due to lack of maintenance, but due to the overall growth in this area…”

The ironic part of this statement is to date, 7-25-08, the City is still approving expansion at SOMC without a clear plan on taking care of residents the surrounding area.

CLICK: 8-30-00 Letter from Mayor to Ohio EPA

posted by tkm 7-25-08
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8-16-00 linked below states, “The March 1995 State of Ohio Combined Sewer Overflow Strategy identifies the need to control the development of land currently served by combined sanitary sewers so that runoff volumes and rates are not significantly altered by changes in the use of the property.”

“The City needs to take further measures to eliminate this basement flooding problem.” “I would recommend that the City’s engineer evaluate this area and make recommendations for corrective action. This could include requiring the hospital to install a stormwater retention and equalization basin as mentioned above, to cover both existing and proposed development.”

To date these corrective actions have not been inforced by the City of Portsmouth.

CLICK:  8-16-2000 Ohio EPA Letter to the Mayor and members of Portsmouth City Council

posted by tkm 7-25-08 
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Below is a link to an internal memo typed in 2000 by the Ohio EPA discussing sewer backup in homes in the Grandview area.

This letter states “the city is reluctant to do anything, citing that the hospital is the city’s largest employer.” “People have tried check valves on their laterals, but say pressure is so great it blows the valve off the laterals.”

CLICK:  2000 Ohio EPA Internal Memo

posted by tkm 7-25-08
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Around the year 2000 SOMC provided EPA with a Storage & Drainage Plan, which to my knowledge is just that – still just a plan while the residents of the Grandview area live in fear for their health, their investment through their homes in the community, and their retirement. 

CLICK: ~2000 SOMC Storage & Drainage Plan  

posted by tkm 7-25-08
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3-1-97 link below are pictures taken of homes in the Grandview area after being infested by sewer back-up during a rain storm.

CLICK: 3-1-97 Pictures

reposted by tkm 7-16-06
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10-12-94 Case linked below was filed in Belpre, Ohio, Case No. 94CVI394, Willard J. Church, et al. This case is similar to what is happening right here in Portsmouth, Ohio.

This case states in short, “Simply stated, a properly operating sewer system does not backup into a person’s home. The Plaintiffs have incurred a great deal of inconvenience and expense to remedy a malfunctioning sewer. It may be that the employees of the City of Belpre have failed to discover the source of the problem. Nevertheless, the City is negligent [emphasis added] for permitting the sewage to backup into the Plaintiffs’ basement. The burden rests upon the City of Belpre to correct that problem.”

CLICK: 10-12-94 Church v Belpre

posted by tkm 6-24-08
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Below is a pdf link to a letter written July 9, 1956 to Portsmouth City Council. Reading this letter will help you to comprehend how the sewer problems that are currently affecting the Grandview area existed and were identified in 1956. Even with this report the City gave permission for the SOMC Hospital to build and continues to provide the approval for upgrades and add-ons for SOMC without first addressing the known issues.

Past and present 5th Ward Council members and other City Officials have ignored the complaints and concerns voiced by their constituents in the Grandview area. These deficiencies have been identified and documented in this letter – Click link.

CLICK:  7-9-1956 Report on Investigation of Storm Drains and Sewers

posted by tkm 2-7-07

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