R5I-Prohibit Polystyrene Onto Any City Marina Pier Dock Or Boat Ramp -Grieco-lntended Outcome
Enhance the Environmental Sustainability of the Community.
Supporting Data: 2o/o of residential respondents indicated trash and litter is an area that tne City neeOs to
improve. ln the 2014 Community Satisfaction Survey, residential respondent and business owner
4o/o and 2% from2012
FIRST READING
Miami Beach is a barrier island with approximately 70 miles of shoreline along numerous canals and
waterurrays. lt is especially critical that the City limit pollutants from entering the environment due to its
proximity to the City's vast system of interconnected waterways and sensitive marine habitats. One
pollutant of particular concern is expanded polystyrene, a petroleum based by-product which constitutes a
large portion of the litter in the City's streets, public places, and watenruays. Expanded polystyrene is a
particularly harmful pollutant because it is non-biodegradable and not readily recyclable. Furthermore, it
fragments into smaller pieces that easily enter and remain in the environment harming or killing marine life
and other wildlife that accidentally ingest it. Waterfront facilities including marinas, piers, docks, and boat
ramps provide the public with direct access to Biscayne Bay, the Atlantic Ocean, and the City's waterways.
Keeping expanded polystyrene products out of publically owned and leased facilities can help reduce litter
nuisance because lightweight articles, such as expanded polystyrene products, are picked up and
dispensed by wind and rain. The proposed Ordinance will reduce the presence of this pollutant on the City's
waterfronts and waterways and enhance the City's environmental sustainability.
On July 23,2014, the City Commission passed Ordinance No. 2014-3884 expanding the restrictions on the
sale and use of expanded polystyrene (commonly known as Styrofoam) products, to reduce litter and
pollutants in the City's wateruays and to enhance the environmental sustainability of the City. Ordinance
2014-3884 prohibits the following: (1) the carrying of expanded polystyrene products into City beaches and
parks; (2) the sale or use in public facilities and on public property of expanded polystyrene food service
articles by City contractors, vendors, lessees, concessionaires, operators of City facilities and properties,
and special event permittees; and (3) the placement of expanded polystyrene food service articles on the
right-of-way and the provision by sidewalk caf6 permittees of expanded polystyrene food service articles to
sidewalk caf6 patrons.
The proposed Ordinance amends Chapter 46 of the City Code by amending Section 46-92 to include the
definitions of "polystyrene" and of "expanded polystyrene". Additionally, the proposed Ordinance extends
the existing prohibition of expanded polystyrene products on beaches and in parks within the city to include
city marinas, piers, docks, and boat ramps because these facilities are in close proximity to bodies of water
and, therefore, litter at these locations can easily enter the marine environment. The proposed Ordinance
also amends Chapter 82 of the City Code by amending Section 82-7 lo include the definition of
"polystyrene" and to expand the definition of "city facility" to include facilities leased to the City and marinas,
piers, docks or boat ramps owned, operated, leased, or managed by the City. ln addition, the proposed
Ordinance amends section 82-7 lo expand the definition of "city property" to include property leased to the
City. Moreover, the proposed Ordinance amends Section 82-366 to include the definitions of "expanded
food service articles," and "polvstvrene"
a
-
COMMISSION ITEM SUMMARY
Condensed Title:
First Reading of an Ordinance Amending Chapter 46-92 of the Code of Miami Beach to extend the existing
prohibition of expanded polystyrene products on beaches and in parks within the city to include city
docks, and boat ra
Financial lnformation:
Source of
Funds:
Amount Account
1
OBPI Total
Financial Impact Summary:
Elizabeth Wheaton x61 21
MIAMIBEACH rrru R5r
433
g MIAMIBEACH
Gity of Miqmi Beoch, l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
January 14,2015
the City
FIRST READ!NG
AN ORDINANCE OF THE OR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
GODE OF THE CITYOF MIAMI BEACH, ENTITLED "ENVIRONMENT,''
BY AMENDING ARTICLE III, ENTITLED "LITTER," BY AMENDING
DIVISION 1, ENTITLED "GENERALLY," BYAMENDING SECTION 46.
92 THEREOF, ENTITLED "LITTER; DEFINITIONS; PROHIBITIONS ON
LITTER; PENALTIES FOR LITTER AND GOMMERCIAL HANDBILL
VIOLATIONS; COMMERCIAL HANDBILL REGULATIONS, FtNES, AND
REBUTTABLE PRESUMPTIONS; SEIZURE AND REMOVAL OF
LITTER BY THE CITY; ENFORCEMENT; APPEALS; LIENS', TO
AMEND SUBSECTTON (A) TO DEFTNE THE TERMS,,POLYSTYRENE"
AND "EXPANDED POLYSTYRENE" AND TO AMEND SUBSECTION
(c) To PROHIBTT ANy PERSON FROM CARRYING ANy EXPANDED
POLYSTYRENE PRODUCT ONTO ANY CITY MARINA, P!ER, DOCK,
OR BOAT RAMP; AMENDING CHAPTER 82 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY
AMENDING ARTICLE I, ENTITLED "IN GENERAL,'' BY AMENDING
SECTION 82.7 THEREOF, ENTITLED "PROHIBITIONS REGARDING
SALE OR USE OF EXPANDED POLYSTYRENE FOOD SERVTCE
ARTICLES BY CITY CONTRACTORS AND SPECIAL EVENT
PERMITTEES,'' TO DEFINE THE TERM "POLYSTYRENE" AND TO
AMEND THE DEFINITION OF "CITY FACILITY'' TO INCLUDE CITY
MARINAS, PIERS, DOCKS, AND BOAT RAMPS AND TO AMEND THE
DEFINITIONS OF "CITY FACILITY" AND "CITY PROPERTY" TO
INCLUDE PROPERTY LEASED TO THE CITYAND CLARIFYING THE
EFFECTIVE DATE OF SECTION 82-7; AMENDING CHAPTER 82 OF
THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC
PROPERTY,'' BY AMENDING ARTICLE IV, ENTITLED "USES IN
PUBLIC RIGHTS.OF.WAY,'' BY AMENDING DIVISION 5, ENTITLED,.SIDEWALK CAFES," BY AMENDING SUBDIVISION I, ENTTTLED..GENERALLY,'' BY AMENDING SECTION 82-366 THEREOF,
ENTITLED "DEFINITIONS,'' TO DEFINE THE TERMS
" POLYSTYRE N E, ",, EXPAN DED POLYSTYRENE," AN D,'EXPAN DED
POLYSTYRENE FOOD SERVICE ARTIGLES"; AND PROVIDING FOR
434
Polystyrene Ordinance Memo - First Reading
January 14,2015
Page 2 of 3
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the Ordinance on First Reading.
BACKGROUND
Miami Beach is a barrier island with approximately 70 miles of shoreline along numerous canals and
waterways, including lndian Creek, Surprise Lake, Lake Pancoast as well as the Atlantic Ocean and
the Biscayne Bay Aquatic Preserve. The waters surrounding the City support a wide variety of flora
and fauna, including threatened and endangered species like the West lndian manatee, the
American crocodile, Johnson's seagrass, and smalltoothed sawfish. These waters also act as
nurseries and habitat for migratory birds, including brown pelicans and ospreys, and for
commercially and recreationally important fish, such as snapper, sailfish, and mahi-mahi.
Furthermore, the City's beaches support shorebird species, including seagulls and royal terns, and
are a designated nesting habitat for the protected Loggerhead, Green, and Leatherback sea turtles.
It is especially critical that the City limit pollutants from entering the environment due to its proximity
to the City's vast system of interconnected waterways and sensitive marine habitats. One pollutant
of particular concern is expanded polystyrene, a petroleum based by-product which constitutes a
large portion of the litter in the City's streets, public places, and waterways. The Environmental
Protection Agency has determined that floatable debris, like expanded polystyrene, can have
"serious impacts on human health, wildlife, the aquatic environment and the economy" (Assessing
and Monitoring Floatable Debris, August 2002; EPA-842-B-02-002). Expanded polystyrene is a
particularly harmful pollutant because it is non-biodegradable and not readily recyclable.
Furthermore, it fragments into smaller pieces that easily enter and remain in the environment
harming or killing marine life and other wildlife that accidentally ingest it.
On July 23,2014, the City Commission passed Ordinance No. 2014-3884 expanding the restrictions
on the sale and use of expanded polystyrene (commonly known as Styrofoam) products, to reduce
litter and pollutants in the City's waterurays and to enhance the environmental sustainability of the
City. Ordinance 201 4-3884 prohibits the following: (1) the carrying of expanded polystyrene products
into City beaches and parks; (2) the sale or use in public facilities and on public property of
expanded polystyrene food service articles by City contractors, vendors, lessees, concessionaires,
operators of City facilities and properties, and special event permittees; and (3) the placement of
expanded polystyrene food service articles on the right-of-way and the provision by sidewalk caf6
permittees of expanded polystyrene food service articles to sidewalk caf6 patrons.
The proposed Ordinance amends Chapter 46 of the City Code by amending Section 46-92 to
include the definitions of "polystyrene" and of "expanded polystyrene". Additionally, the proposed
Ordinance extends the existing prohibition of expanded polystyrene products on beaches and in
parks within the city to include city marinas, piers, docks, and boat ramps because these facilities
are in close proximity to bodies of water and, therefore, litter at these locations can easily enter the
marine environment.
435
Polystyrene Ordinance Memo - First Reading
January 14,2015
Page 3 of 3
The proposed Ordinance also amends Chapter 82 of the City Code by amending Section 82-7 lo
include the definition of "polystyrene" and to expand the definition of "city facility" to include facilities
leased to the City and marinas, piers, docks or boat ramps owned, operated, leased, or managed by
the City. ln addition, the proposed Ordinance amends section 82-7 to expand the definition of "city
property" to include property leased to the City. Moreover, the proposed Ordinance amends Section
82-366 to include the definitions of "expanded polystyrene," "expanded polystyrene food service
articles," and "polystyrene".
Waterfront facilities including marinas, piers, docks, and boat ramps provide the public with direct
access to Biscayne Bay, the Atlantic Ocean, and the City's waterways. Keeping expanded
polystyrene products out of publically owned and leased facilities can help reduce litter nuisance
because lightweight articles, such as expanded polystyrene products, are picked up and dispensed
by wind and rain. The proposed Ordinance will reduce the presence of this pollutant on the City's
waterfronts and waterways and enhance the City's environmentalsustainability.
FIVE YEAR FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider
the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long term economic impact (at least 5 years) of this
proposed legislative action. As the Amendment to the Ordinance is only intended to clarify the
definition of expanded polystyrene and clarify the locations polystyrene is prohibited, there is no
financial impact.
CONCLUSION
The Administration recommends approving the Ordinance.
Attachment: Expanded Polystyrene Ban Ordinance
JMJ/MVF/ESW
T:\AGENDA\2015\January\Environmental\Polystyrene Ordinance (UPDATED) - MEM First Reading.doc
436
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ENVIRONMENT,"
BY AMENDING ARTICLE !II, ENTITLED "LITTER," BY AMENDING
DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SEGTION 46.
92 THEREOF, ENTITLED "LITTER; DEFINITIONS; PROHIBITIONS ON
LITTER; PENALTIES FOR LITTER AND COMMERCIAL HANDBILL
VIOLATIONS; GOMMERCIAL HANDBILL REGULATIONS, FINES,
AND REBUTTABLE PRESUMPTIONS; SEIZURE AND REMOVAL OF
LITTER BY THE CITY; ENFORCEMENT; APPEALS; LIENS,, TO
AMEND SUBSECTION (A) TO DEFTNE THE TERMS "POLYSTYRENE"
AND "EXPANDED POLYSTYRENE" AND TO AMEND SUBSECTION
(c) To PROHIBTT ANY PERSON FROM CARRYTNG ANY EXPANDED
POLYSWRENE PRODUCT ONTO ANY CITY MARINA, PIER, DOGK,
OR BOAT RAMP; AMENDING CHAPTER 82 OF THE CODE OF THE
GITY OF MIAMI BEAGH, ENTITLED "PUBLIC PROPERTY," BY
AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING
SECTION 82.7 THEREOF, ENTITLED "PROHIBITIONS REGARDING
SALE OR USE OF EXPANDED POLYSryRENE FOOD SERVICE
ARTIGLES BY CITY GONTRACTORS AND SPECIAL EVENT
PERMITTEES," TO DEFINE THE TERM "POLYSTYRENE" AND TO
AMEND THE DEFINITION OF "CITY FACILITY" TO INCLUDE C!ry
MARINAS, PIERS, DOCKS, AND BOAT RAMPS AND TO AMEND THE
DEFINITIONS OF "CITY FACILITY" AND "CITY PROPERry" TO
INCLUDE PROPERTY LEASED TO THE CITY AND TO GLARIFY THE
EFFECTIVE DATE OF SEGTION 82-7; AMENDING CHAPTER 82 OF
THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC
PROPERTY," BY AMENDING ARTICLE lV, ENTITLED "USES lN
PUBLIC RIGHTS.OF.WAY," BY AMENDING DIVISION 5, ENTITLED..SIDEWALK GAFES," BY AMENDING SUBDIVISION I, ENTITLED..GENERALLY,'' BY AMEND!NG SECTION 82.366 THEREOF,
ENTTTLED "DEF!N!T!ONS," TO DEFINE THE TERMS
"POLYSWRENE," "EXPANDED POLYSryRENE," AND "EXPANDED
POLYSTYRENE FOOD SERVIGE ARTICLES"; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach ("City") declares that it is in the interest of the
public health, safety, and welfare of its residents and visitors to reduce litter and pollutants on
the land and in the waters of the City; and
WHEREAS, expanded polystyrene, a petroleum by-product commonly known as
Styrofoam, is neither readily recyclable nor biodegradable and takes hundreds to thousands of
years to degrade in the environment; and
WHEREAS, expanded polystyrene is a common pollutant, which fragments into smaller,
non-biodegradable pieces that are ingested by marine life and other wildlife, thus harming or
killing them; and
437
WHEREAS, due to the physical properties of expanded polystyrene, the EPA states
"that such materials can also have serious impacts on human health, wildlife, the aquatic
environment and the economy"; and
WHEREAS, disposable food service articles constitute a portion of the litter in the City of
Miami Beach's streets, parks, public places, and waterways; and
WHEREAS, the City's goal is to replace expanded polystyrene food service articles with
reusable, recyclable or compostable alternatives; and
WHEREAS, the City encourages the use of unbleached, non-coated, recycled-content
paper food service articles and other fiber-based food service articles as the most
environmentally preferable alternatives when the use of reusable food ware is not feasible; and
WHEREAS, as an environmental leader among local governments in the State of
Florida, the City of Miami Beach, by virtue of this Ordinance, will strengthen its litter laws by
prohibiting any person from carrying expanded polystyrene products onto City marinas, piers,
docks, and boat ramps and by prohibiting the use of expanded polystyrene food service articles
by City contractors and special event permittees on City marinas, piers, docks, or boat ramps;
and
WHEREAS, this Ordinance will preserve and enhance the environment of the City of
Miami Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section46-92 of Division 1 of Article lll of Chapter46 of the Code of the
City Miami Beach is hereby amended as follows:
CHAPTER 46
ENVIRONMENT
ARTICLE !ll. Litter
DIVISION 1. Generally
Sec. 46-92. Litter; definitions; prohibitions on litter; penalties for litter and commercial
handbill violations; commercia! handbill regulations, fines, and rebuttable
presumptions; seizure and removal of litter by the city; enforcement;
appeals; liens.
(a) Definitions. The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Litter means any paper, handbill, commercial handbill, garbage, bottle
caps, chewing gum, tobacco products, including, but not limited to, used
(5)
438
and unused cigarettes, cigars, pipe or chewing tobacco, polystyrene or
plastic products, or other waste, including, but not limited to, tree, plant,
and grass cuttings, leaves, or other yard maintenance debris, that has
been placed or deposited on a public sidewalk, street, road, avenue,
beach, swale, median, building, fence, wall, boardwalk, beachwalk,
baywalk, cutwalk, park, or in a gutter, drain, or sewer, or on any other
public property, right-of-way or place, or on any object located on public
property, or on the kneewall, window ledge or sill of any public or private
building, or on a motor vehicle, or on any other type of private real or
personal property. Handbills and commercial handbills attached to a trash
receptacle, but not within the trash receptacle in the usual manner, shall
also be considered litter.
Polysfyrene means a thermoplastic polvmer or copolvmer comprised of at
least 80 percent stvrene or para-methvlstvrene bv weiqht.
Expanded polysfyrene means blown polvstvrene and expanded and
extruded foams that are thermoplastic petrochemical materials utilizinq a
stvrene monomer and processed bv anv number of techniques including.
but not limited to, fusion of polvmer spheres (expandable bead foam),
iniection moldino, foam moldinq. and extrusion-blown moldinq (extruded
foam polvstvrene).
(c) Prohibitions on beaches, marinas. piers. d and in parks.lt shall be
unlawful for any person to carry onto any beach within the city a glass or metal bottle or other
glass or metal container. ln addition, it shall be unlawful for any person to carry any expanded
polystyrene product onto any beach or into any park within the city, or onto anv citv marina. pier,
dock, or boat ramp, or for any business to provide plastic straws with the service or delivery of
any beverage to patrons on the anv beach within the citv.
SECTION 2. That Section 82-7 of Article I of Chapter 82 of the Code of the City Miami Beach
is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE l. ln General
Sec. 82-7 Prohibitions regardinn ""," o, ,"" ,
"*O"nded
polystyrene food service
articles by city contractors and specia! event permittees.
(a) Legislative intent. Expanded polystyrene, a petroleum byproduct commonly known as
Styrofoam, is neither readily recyclable nor biodegradable and takes hundreds to
thousands of years to degrade. Expanded polystyrene is a common pollutant, which
(g)
€)
439
(b)
fragments into smaller, non-biodegradable pieces that are harmful to marine life, other
wildlife, and the environment. The City's goals are to reduce the use of expanded
polystyrene and encourage the use of reusable, recyclable, or compostable alternatives.
Definitions. For purposes of this section only, the following definitions shall apply:
(1) City contracfor means a contractor, vendor, lessee, concessionaire of the City, or
operator of a City facility or property.
(2) Polysfyrene means a thermoplastic polvmer or copolvmer comprised of at least
80 percent stvrene or para-methvlstvrene bv weioht.
0(!) Expanded polystyrene means blown polystyrene and expanded and extruded
foams that are thermoplastic petrochemical materials utilizing a styrene monomer
and processed by any number of techniques including, but not limited to, fusion
of polymer spheres (expandable bead foam), injection molding, foam molding,
and extrusion-blown molding (extruded foam polystyrene).
p) ({) Expanded polystyrene food seruice articles means plates, bowls, cups,
containers, lids, trays, coolers, ice chests, and all similar articles that consist of
expanded polystyrene.
(4) (O City facility includes, but is not limited to, any building, structure, park, beach, er
golf course. marina, pier, dock, or boat ramp leased to the Citv, or owned,
operated, leased, or managed by the City.
(5) (O City property includes, but is not limited to, any land, water, or air rights leased to
the Citv, or owned, operated, leased. or managed by the City.
@ (/] Special event permittee means any person or entity issued a special event permit
by the City for a special event on City property or in a City facility.
City contractors and special event permittees shall not sell, use, provide food in, or offer
the use of expanded polystyrene food service articles in City facilities or on City property.
A violation of this section shall be deemed a default under the terms of the City contract,
lease, or concession agreement and is grounds for revocation of a special event permit.
This subsection shall not apply to expanded polystyrene food service articles used for
prepackaged food that have been filled and sealed prior to receipt by the City contractor
or special event permittee.
Any City contract, lease, or concession agreement entered into prior to Auqust 2, 2014
the effeetive date ef this seetien or any special event permit issued prior to Auoust 2,
2014 the effective date ef t shall not be subject to the requirements of this
section, unless the City contractor or special event permittee voluntarily agrees thereto.
(c)
(d)
4
440
SECTION 3. That Section 82-366 of Subdivision I of Division 5 of Article lV of Chapter 82 of
the Code of the City Miami Beach is hereby amended as follows and Section 82-385(p) is
provided for reference purposes:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE lV. U""" in puUfic nights-of-Way
DIVISION 5. Sidewalk Cafes
Subdivision l. Generally
Sec. 82-366. Definitions.
Code compliance officerrn""n, ,n" .;" .";oliance otficers, fire inspectors, or any
other authorized agent or employee of the city whose duty it is to assure code compliance.
Expanded polvsfvrene means blown polvstvrene and expanded and extruded foams that
are thermoplastic petrochemical materials utilizino a stvrene monomer and processed bv anv
number of techniques includinq. but not limited to, fusion of polvmer spheres (expandable bead
foam), iniection moldino. foam moldinq, and extrusion-blown moldinq (extruded foam
polvstvrene).
Expanded polysfvrene food service arfrbles means plates. bowls. cups, containers, lids.
travs, coolers, ice chests, and all similar articles that consist of expanded polvstvrene.
Permitteemeans the recipient of " ,iO"*"ff .rt" permit under the terms and provisions
of this division.
Polvsfvrene means a thermoplastic polvmer or copolvmer comprised of at least 80
percent stvrene or para-methvlstvrene bv weiqht.
Subdivision u. piit
Sec.82-385. Minimum standards, criteria, and conditions for operation of sidewalkcafes' * * *
(p) No food preparation, food storage, expanded polystyrene food service articles,
refrigeration apparatus or equipment, or fire apparatus or equipment, shall be allowed on the
right-of-way. ln addition, expanded polystyrene food service articles shall not be provided to
sidewalk caf6 patrons.
441
SEGTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 5. SEVERAB!LITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. GODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section," "article," or other appropriate word.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect on the day of
PASSED AND ADOPTED this _ day of.2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Michael Grieco)
Underline denotes additions
S+rit<e+nreugh de notes de leti ons
PK
F:\ATTO\KALN\ORDINANCEs\Polystyrene Ordinance Jan 2015 Amendments\Polystyrene Ordinance Jan 2015 Amendments.docx
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2015.
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