HomeMy WebLinkAboutAIS PLANNER 1/10/2000
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AGENDA ITEM SUMMARY
SPRINGFIELD
CITY COUNCIL
Meeting Date:
Meeting Type:
Department:
Staff Contact:
Staff Phone No.:
Estimated Time:
January 10, 2000
Work Session ~
Development Se~;ces--.)\ l...f->
Sarah Summer~
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30 minutes
ITEM TITLE:
SPRINGFIELD DRINKING WATER PROTECTION OVERLAY
DISTRICT (Jo. No, 99-09-219)
ACTION REQUESTED: Review and discuss the proposed Drinking Water Protection Overlay
District (Springfield Development Code Article 17).
ISSUE STATEMENT: The Drinking Water Protection Plan, adopted in May, 1999, calls for a
Drinking Water Protection (DWP) Overlay District as an implementation
piece for the Plan. The adoption of the DWP Overlay District is required to
complete the periodic review task and satisfy the Department ,of Land
Conservation and Development requirements.
A TT ACHMENTS: Attachment 1: Article 17 of the Springfield Development Code (SDC)
Attachment 2: Proposed amendments to SDC
Attachment 3: Findings in support of Jo. No. 99-09-219,
Attachment 4: Planning Commission Recommendation
Attachment 5: DEQ letter/reports placed on Planning Commission record
Attachment 6: List of Dense Non-Aqueous Phase Liquids (DNAPLs)
Attachment 7: Notice of Public Hearing
RECEIVED
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By: A-\~ +v C~
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DlSCUSSIONI A Drinking Water Protection Plan is a Springfield work task in the Metro
FINANCIAL IMPACT: Plan Periodic Review Work Program.The Springfield Drinking Water
Protection Plan sets City policies for protection of its drinking water and has
been certified by the Department of Environmental Quality (DEQ). The
proposed Drinking Water Protection Overlay District (SDC Article 17) is
the major implementation measure of the Plan and will complete the periodic
review requirement. The adoption of Article 17 creates drinking water
protection zones which are those drinking water protection areas certified by
the Oregon Health Division. The regulations within the DWP Overlay
District supplement the regulations of the underlying district. Article 17
establishes procedures and standards for new uses of hazardous materials
within the zones. These procedures and standards will be applied in
conjunction with Site Plan Review or Minimum Development Standards
applications. The Springfield Planning Commission held a Public Hearing
on December 7, 1999. The Commission voted 6-0 with one absent to
recommend approval of the Overlay District to the Council. A Public
Hearing for City Council adoption of Article 17 is scheduled for February
22. There is no immediate financial impact to the City.
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ARTICLE 17
DWP DRINKING WATER PROTECTION OVERLAY DISTRICT
17.010 GENERAL
17.020 DESCRIPTION
17.030 APPLICABILITY
17.040 TIME OF TRAVEL ZONES
17.050 REVIEW
17.060 EXEMPTIONS
17.070 STANDARDS FOR HAZARDOUS MATERIALS WITHIN TIME OFTRA VEL
ZONES
17.080 CONDITIONS OF APPROVAL '
17.090 APPEALS
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ATTACHMENT 1
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ARTICLE 17
DRINKING WATER PROTECTION (DWPj OVERLAY DISTRICT
17.010 GENERAL
(1) The DWP Overlay District regulations supplement the regulations ofthe
underlying district. Where the regulations and permitted uses of an
underlying district conflict with those of an overlay district, the more
restrictive standards shall apply.
(2) Waming'and Disclaimer of Liability: The degree of aquifer protection
required by this Article in the areas designated in Section 17.040 is based on
. scientific. and ,engineering considerations. The nature .of these consiqerations
is such that the exact boundaries of Time of Travel Zones (TOTZ) have an"
associated uncertainty that renders conclusions based on them to be
estimates. Under no conditions should this Article be construed to guarantee
the purity of the ambient ground water or guarantee the 'prevention of
ground water contamination. Therefore, this Article shall not create liability
on the part of the City, or any City personnel, for any contamination that'
may result from reliance on this Article or any administrative decision made
under this Article.
17.020 DESCRIPTION
(I) The purpose of the DWP Overlay District is to protect aquifersused'as
potable water supply sources by the City from contamination. This Article
establishes procedures and standards for the use of hazardous materials
within TOTZ. The provisions of this Article are designed to:
(a) protect the City's drinking water supply which is obtained from
groundwater resources from impacts by facilities that store, handle,
'treat, use, produce, transport or otherwise have on premises substances
. that pose a hazard to groundwater qu31.itj; and
(b) provide standards for hazardous materials within the TOTZ.
(2) In order to accomplish this purpose, the DWP Overlay District includes' j
methods and provisions to:
(a) restrict or prohibit the use of hazardous materials which are potential
groundwater contaminants;
(b) set standards for the storage, use, handling, treatment, transport and
, production of hazardous' materials within TOTZ;; and
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(c) review new or expanded hazardous material uses,
17.030 APPLICABILITY
The'DWP Overlay District shall apply to all areas' that are within the wellhead TOTZ
specified in 17.040 within the City and its urbanizable area.
17.040 TIME OF TRAVEL ZONES
(I) The DWP Overlay District includes four TOTZ: 0-1 year; 1-5 years; 5-10
years; and 10-20 years. The locations of the TOTZ for each wellhead are
shown on Drinking Water Protection Area Maps on file with the City of
Springfield Development Services, Public Works, and Fire and Life Safety
Departments; and Springfield Utility Board (SUB) and Rainbow Water
District (RWD). ' ,
(2) The areas within specified wellhead TOTZ are those drinking water.
protection areas certified by the Oregon Health Division, under the Oregon
Administrative RuIes that apply to Oregon's EPA-approved Drinking Water
Protection Program, in Oregon Health Division Delineation Certification
#0002R; March 18,1999.
(3) In determining the location of a property within a TOTZ, the following
criteria shall apply:
(a) The Lane County Department of Assessment and Taxation maps shall
be used as a base map with the addition of TOTZ boundaries"
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(b) That portion of a tax lot that lies within a TOTZ shall be governed by
the restrictions applicable to that TOTZ.
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,(c) Tax lots having parts lying within more than one TOTZ shall be
governed by the staridards of the more restrictive TOTZ. .
EXCEPTION: The Director may waive the requirement thlitthe more
restrictive standards apply when all of the following apply:
, 1. Storage, use,'handling, treatment, production, and/or transportatioir
of hazardous materials will not take place within the portion of the tax
'lot having the more restrictive TOTZ standards; and'
2. Storage, use, handling, treatment, production, and/or transportation
, of hazardous materials will not take place within 50 feet of the portion
of the tax lot having more restrictive TOTZ standards; and
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3. The tax lot is 20,000 square feet or larger.
17.050 REVIEW.
(I) Development proposals that include storage, use, handling, treatment,
production, and/or transportation of hazirrdous materials or which increase
the quantity of hazardous materials used or produced within the DWP
Overlay District shall be reviewed under Type I procedures. DWP Overlay
District Development applications are typically submitted in conjunction
withSite Plan Review or Minimum Development Standards applications.
Development approval within the DWP Overlay District shall be obtained
before any ,change of use, construction, increase in production,. storage or
development begins.
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(2) Applications shall include the following information:
(a) a Hazardous Material Inventory Statement and, upon request from the
DireCtor, a Material Safety Data Sheet for any or all materials entered in
, . the Statement. Hazardous material weights shall be converted to .
volume measurement for purpOSteS of determining amounts - 10 p'otinds
shall be considered equal to 1 gallon in conformance with Uniform Fire
Code 8001.15.1;
(b)' a list of the chemicals to be monitored through the analysis of
groundwater samples and a monitoring schedule if ground water.
monitoring is anticipated to be required;
(c) a detailed description of the activities conducted at the facility that
involve the storage, handling, treatment, use or production of hazardous
, materials in quantities greater ,than the maximum allowable amounts as
stated in 17.070(1)(a);
(d) a description of the primary and any secondary containment devices
proposed, and, if applicable, clearly identified ,as to whether the devices
will drain to the storm or sanitary sewer; .
(e) a proposed Hazardous Material, Management Plan for the facility that
indicates procedures to be followed to preven.t, control, collect and
dispose of any unauthorized release of a hazardous material;
(f) a description of the procedures for inspection and maintenance of
containment devices and emergency equipment;
(g) a description of the plan for disposition of unused hazardous materials or
hazardous material waste products over the. maximum allowable amounts
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including the type, of transportation, and proposed routes.
(3) For those development proposals requiring Site Plan Review or MinimUm
Development Standards review as specified in Article 31 ofthis Code,
, applications may be submitted concurrently.
(4) A complete DWP Overlay District Development application together with
all required materials shall be accepted by the Director prior to the review of
the request as specified in Section 3.050, Application Submittal.
(5) The Director shall review the application and make a decision on the
application after consulting with the Building OfficiaI, Fire Marshall, Public
Works Director, and the managers of SUB and RWD, as appropriate.
17.060 EXEMPTIONS
This Article does not exempt any material ,or use from,Fire Code regulations
adopted by the City Of Springfield.
(I) Exemptions are as specified in this section unless the Director determines
that a hazardous material, activity, and/or facility that is exempt pursuant to
this section has a significant or substantial potential to degrade groundwater
quality. Then the Director may require compliance with the requirements of
, this Article related to that hazardous material, activity or facility. Such
determinations will be based upon site and/or chemical-specific data and
shall be eligible for appeal to the Hearings Official as specified in Section,
17.090 of this Article.
(2) Except as otherwise ,provided herein; the following materials are exempt
. ' from regulation hereunder:
(a)
Use, storage and handling'of specific hazardous materials that do
not present a risk to the aquifer, as determined and listed by the
Director in consultation with SUB, are exempt from all regulation
,under this Article with the exception of the potential requirement
to list these hazardous materials on the Hazardous Material
Inventory Statement li!' founa in the most re~ent Fire Code
regulations adopted by the City. '
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Hazardous Materials that can be demonstrated to pose no threat to
the aquifer may be exempted from regulation and added to the list.
The demonstration of no threat is the responsibility of the applicant
seeking the exemption and will be subject to review by technical
experts.
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(d)
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(b) Hazardous materials offered for sale in their original containers of
, five (5) gallons or less shaIibe exempt from the 500 gallon storage
limit set in 17.070(1)(a).
'(c) Hazardous materials in fuel tanks and fluid reservoirs attached to a
private or commercial motor vehicle and used directly in the
motoring operation ofthat vehicle.
Fuel oil used in existing heating systems.
Emergency use, storage, and handling of hazardous materials by
governmental organizations in the public interest.
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,Hazardous materials used, stored and handled by SUB, R WD and
,EWEB in water treatment processes and water system operations.
Hazardous materials contained in properly operating sealed units
(transformers, refrigeration units, etc.) that are not opened as'part
. of routine use. '
(h) , Local natural gas distribution lines.
(i) Fuel for emergency generators located at facilities that provide
essential community services (hospitals, firellife, safety, police,
public shelters, telephone systems etc.).
17.070 STANDARDS FOR HAZARDOUS MATERIALS WITHIN TIME OF
TRAVEL ZONES
Applications shall comply with ,the following standards:
(1) 0,-1 year TOTZ Standards.
(a) Within the 0-1 year TOTZ, no hazardous materials shall be stored,
handled, treated, used, produced, applied or otherwise kept on premises
in quantities of more than 500 gallons of regulated substances in
aggregate quantities. Of the 500 gallons, I)ot more than 150 gallons in
aggregate quantities shall be present at anyone time that were produced
or treated or that will be used or dispensed on the premises. Containers
of hazardous materials exceeding 5 gallons in size shall not be allowed
. to be stored on the premises.
(b) All hazardous materials shall be stored in areas with approved
secondary containment in place. L /JwJnv 1; 4 ("J. ;;w:; J r
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(c) All new uses of Dense Non-Aqueous Phase Liquids (DNAPLs) shall be
prohibited. ' ~~ t"~ '
(d) Any change in type of use or an expansion of any existing use
involving any DNAPLs shall be considered a new use and shall be
prohibited.
(e) The following certain types of new facilities or changes in chemical use
and/or storage shall be prohibited:
I. underground hazardous material storage facilities;
2. hazardous material product pipelines; (
3. injection wells, except dry wells for roof drainage;
4. solid waste landfills and transfer stations;
5. fill materials containing hazardous materials;
6. land uses and new facilities that will use, store, treat, handle, and/or
produce DNAPLs.
(1) Requirements found in Uniform Fire Code 8003.1.3.3 for monitoring
methods shall be met for all amounts of hazardous materials.
(g) Requirements found in Uniform Fire Code Appendix II-E 3.2.6 f<!r a
monitoring program and in 800n.3.3 for monitoring methods to detect
hazardous materials in the secondary containment system shall be met
for all amounts of hazardous materials.
(h) Application of fertilizers containing nitrates shall be ,restricted to rio
more than the amount recommended by the Lane County, Oregon State
University Extension Service for turf grass and shall be prohibited
within 100 feet of a wellhead. In no event shall a single .application
exceed one half pound per 1,000. square feet of area per single
application or a total yearly application of 5 pounds nitrogen fertilizer
per 1,000 square feet.
(2) 1-5 year TOTZ Standards.
(a) The,storage, handling, treatment, use, application, transportation, or .
production or otherwise keeping on premises of hazardous materials
shall be allowed only upon compliance with containment and safety
standards set by the most recent Fire Code adopted by the City.
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(b) 'All hazardous materials shall be stored in areas with approved
SeC~ndaryContainmentinRlace'l~ fj.j.J. ~ ~).r
(c) All new use of DNAPLs shall be prohibited.
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(d)
Any change in the type of use or an expansion of any existing use /
involving any DNAPLs shall be considered a new use and shall bi
prohibited. ' .
(e) The following c~rtain types of facilities or changes in chemical use
and/or storage shall be prohibited:
1. solid waste landfills and transfer stations;
2. injection wells, except dry wells for roof drainage;
,3.. land uses and new facilities that will use, store, treat handle, and/or
. produce DNAPLs;
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4. hazardous material product pipelines;
5. fill materials containing hazardous materi<lls.
(f) Requirements found in Uniform Fire Code Appendix II-E 3.2.6 for a
, monitoring program and in 8003.1.3.3 for monitOl;ing methods to detect
hazardous materials in the secondary containment system shall be met
for all amounts of hazardous materials.
(g) Requirements found in Uniform Fire Code Appendix II-E Section 3:2.7
,for inspection and record keeping procedures for monthly in-house
inspection and maintenance, of containment and emergency equipment
for all amounts of hazardous materials shall be nlet.
. (3) 5-10 'year TOTZ Standards.
(a) The storage, handling, treatment, use, transportation, production or
otherwise keeping on premises of hazardous materials shall be allowed
upo~ compliance with containment and safetY standards set by the most
recent Fire Code adopted by the City.
(b) 'All hazardous materials shall be stored in areas with approved
secondary containment in place (Uniform Fire Code Articles 2 and
8003.1.33).
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(c) All new use ofDNAPLs shall be prohibited.
(d) Any.change in type of use or an expansion of any existing use
involving any DNAPLs shall be considered a new:use. and shall be
prohibited.
(e) Requirements found in Uniform, Fire Code AppendixII-E Section 3.2.7
for inspection and record keeping procedures for monthly in-house
inspection and maintenance' of containment and emergency equipment
for all amounts of hazardous materials shall be met.
(4) 10-20 year TOTZ Standards. The storage, handling, treatment, use,
transportation, production or keeping on premises of hazardous materials
shall be allowed only upon compliance with containment and safety
standards set by the most recent Fire Code adopted ,by the City.
17.080 CONDITIONS OF APPROVAL
The Director may attach conditions of "ppw lal that will minimize, negative impacts of
regulated substances on groundwater and ensure that the facility or the proposed
development can fully meet the standards specified in Section 17.070 of this Article.
These conditions may include on-site monitoring wells, Wellhead Protection Area signs,
special storm water facilities or other conditions to address specific risks associated with
the proposed development.
17.090 APPEALS
The only portion of this Article that is subject to appeal is Section 17.060, Exemptions.
The appeal ofa decision of the Director for Section 17.060 may be appealed to the
HearingsOfficial under Type III procedures as specified in Section 15.020 of this Code.
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PROPOSED: Amendments to the Springfield Development Code to support Article 1 T
Amend SDC Article 2 to add the'followinl! definitions:
1. Time of Travei Zone (TOTZ) :thearea mapped pursuant to Oregon Health
Division Delineation Certification # 0002R which identifies the time it
takes ground water to flow to a given wel,l or wellfield.
2. Delineation (from OHD rules): the determination of the extent,
orientation, and boundaries of a wellhead protection area using factors
such as geology, aquifer characteristics, well pumping rates and time of
travel.
3. DNAPL (Dense Non-Aqueous Phase Liquids), are chemicals that are denser-than"water
(specific gravity greater than I), have a low soluability rate, and degrade slowly to other'
compounds that are even more of a health hazard. For the purpose'of Springfield's 'drinking water
protection, DNAPL chemicals are defined as "all chemicals displaying the characteristics of a
DNAPL chemical or a material containing a substance considered a DNAPL chemical." A,list of
DNAPLs regulated withinthe Drinking Water Protection Overlay District shall be as adopted by
SUB on November 10, 1999 .
4. Aquifer: a geologic formation, group of formations, or part ofa formation that.is capable of
storing and transmitting water in sufficient quantity to supply wells or springs.
5. Wellhead Protection: Implementation of strategies within a wellhead .
protection area to minimize the potential impact of contaminant sources
on the quality of groundwater used as a drinking water source by a Public Water System.
6. Hazardous Materials: Those chem'icals or substances which are physical or health hazards as defined
and classified in Article 80 of the Uniform Fire Code'as adopted or amerided by the City whether the
materials are in usable or waste condition; and any material that may degrade groundwater quality when
improperly used, stored, disposed of, or otherwise mismanaged.
7. Wellhead Protection Area: A Drinking Water Protection Area for a groundwater-supplied drinking
water source. .'
8. Pipeline: a line of pip'e with pumps, valves and .control devices for conveying liquid, gasses or finely
divided solids.
Amend Article 3 .070( I) to add: ~).!l!>d~_~;!JtriCtt6~eIQ'lmlelll
Amend Article 14.010(2): The Hearings Official shall hear:
(a) Appeals of expedited land division decisions.
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ATTACHMENT 2
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Amend Article 15.020(5)(b): Decisions by the Hearing Official regarding expedhed land divisions i!m!
~\Wlt~riJ'ym.ii!~~xe~PJj,;q,rr~lg~Jshall be final. Appeals of the Hearing Official decisions shall
be to the Oregon court of Appeals in accordance with applicable statutes and regulations governing such
appeals.
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FINDINGS IN SUPPORT OF JOURNAL NUMBER 99-09-219
SPRINGFIELD DEVELOPMENT CODE ADOPTION AND AMENDMENTS
Criteria of approval for amel'ldments to the Springfield Development Code (SDC)
Adoption of text and amendments to the Springfield Development Code are based on
conformance with the following criteria:
(1) The Metro Plan;
(2) Applicable State statutes; and
(3) Applicable State-wide Planning Goals and Administrative Rules.
The proposed adoption of Article 17 creates a Drinking Water Protection Overlay District
(DWP) for the purpose of protecting from contamination the aquifers used as the potable
water supply sources for the City of Springfield.
The proposed amendments to Articles 2, 3 and 15 are in support of proposed Article .17 to
, provide consistency within the SDC.
Criteria (1) Conformance with the Metro Plan
The Springfield Drinking Water Protection Plan was adopted as a functional plan intended
to carry out policies of the Metro Plan. The Plan is a work task' in the Metro Plan Periodic
Review Work Program. Springfield's service population exceeds 10,000 people that rely on
groundwater as the primary source, of drinking water. As such, the delineated drinking
water pr9tection areas identified in the Plan qualify as significant groundwater resources
and must be protected to comply with Statewide Planning, Goal 5 (OAR 660-23-140) . To
comply with Goal 5, Springfield must adopt comprehensive plan provisions and land use
regulations, consistent with all applicable state-wide goals, that reduce the risk of
contamination of groundwater, following the standards and requirements of OAR chapter
340-40-180. As part of the Periodic Review requirement, the DWP Overlay District is an
implementation measlJre for the Drinking Water Protection Plan. The DWP Overlay District
is in conformance with the fOllowing Metro Plan statements:
The Environmental Resources Element
Findings on III-C'3:.
10. Known and potential groundwater pollution'exists in the metropolitan area:
Known' and potential sources of groundwater pollution include septic tank wastes;
industrial, commercial, and residential runoff; leakage from sanitary sewer pipes;
leaking from sanitary landfills; agricultural non-point sources (spraying and animal
wastes); chemical and petroleum spills, and natural contaminants (arsenic).
11. Beneficial uses of groundwater in the metropolitan area include domestic and
municipal water supplies, industrial supplies, and domestic and commercial
irrigation. The value and frequency of these uses varies among incorporated,
urbanizable and rural areas. .
ATTACHMENT 3
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Pa'ge 2
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Goals on III-C-6:
0, 1. Protect valuable natural resources and encourage their wise management, use
and proper reuse.
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4~' Provide a healthy and attractive environment, including clean air and water, for
the metropolitan population.
Objectives on III-C-6 and III-C-7
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1. Maintain the benefits associated with environmental resources in an urban
setting. Those resources include ...c1ean' air and water....
3. Improve and maintain air and water quality to meet federal, state and local
standards. \
4. Minimize problems associated with water quantity and noise.
Policies on III-C-1 0
20. In order to, improve water quality and quantity in. the metropolitan area, local
governments shall consider developing regulations or instituting programs to:
a. increase awareness of techniques and practices private individuals can
employ to help correct water quality and quantity problems;
b. improve management of inductrial and commercial operations to reduce
negative water quality and quantity impacts;
c. regulate site planning for new development and construction to better
control drainage and erosion and to manage storm runoff;
e. utilize natural and simple mechanical treatment systems to provide
treatment for contaminated runoff waters;
g. minimize use of toxic substances; and .
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h, minimize the, negative effects of chemical and petroleum'spills.
21. Positive steps shall be taken to protect the Springfield municipal groundwater
supplies along the McKenzie River and the middle fork of the Willamette River.
22. Local governments, shall continue to monitor, to plan for, and to enforce
applicable air and water quality standards and shall cooperate in meeting applicable
federal, state, and local air and water quality standards.
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Jo. 99-09~2i9
The Economic Element
Implicit in the goals and objectives that follow is the premise that the economic
health of the area is integrally related to the,quality of life for residents. Improved
welfare of the residents of the metropolitan area, measured by increases in
employment opportunities ,and reductions in unemployment, increases in real
incomes, and improved environmental quality are the ultimate goals of all economic
efforts. Economic growth or industrial expansion 'is acceptable when it is consistent
with these goals and objectives. (I11-B-1)
Findings on'III-B-2
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,10. The healthful environment of the metropolitan area, can help attract industrial
development, hold workers, and attract convention- arid tourisHelated economic
, activities. The concern for clean air and water is high priority with area residents.
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Criteria 121'.Conformance with Applicable State Statutes
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ORS 468B.150-180, ORS 468.035, ORS 468B.015(2) give 'statutory authority to
The Department of,Environmental Qu'ality (DEQ) for overall administration of"
Oregon's Wellhead Protection Program as well as the final certification of the local
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plans. '
ORS 448.123(1 )(a), ORS 448.13 i (2)(a),' (c); ORS 448.160, and ORS 672.525
allow the Oregon Health ,Division (OHD) ,to provide for the delineation, contingency
and new wells elements of wellhead protection.
OHD !ldminis~ers the Oregon Drinking Wafer Quality Act through OF,lS 448.119
through 448.285 and 454.235,454,255 and 757.005.
ORS 227 establishes the jurisdiction of cities to adopt and enforce planning,zonihg
and development regulations. Section 22~.215states:."A city may plan and
otherwise encourage and regulate the development of land. A city may, adopt an
ordinance requiring that whatever land development is undertaken in ,the ,city
comply with the'requirements of the ordinance and be under:taken only in
compliance with'the terms of a dev'elopment permit."
The Springfield Drinking Water Protection Plan and the DWP Overlay District as an
implementation measure follow the DEQ and OHD rules and guidelines, as part of
Oregon's Wellhead Protection Program' to protect sources of local drinking water.
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Jo. No. 99,09-219
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The Order for Periodic Review of the Metro Plan issued to the metropolitan
Springfield area by the Land Conservation and Development Commission specifies
as a work task the development of a wellhead Rrotection plan for Springfield to
protect groundwater quality. The Order identified potentiai sources of pollution to
include underground storage tanks, major transportation routes, industrial landfills,
lagoons, light industry, hazardous and solid waste handlers, pesticidelherbicide
application, septic tanks, and surface water interaction.'
The delineation of the Springfield aquifers and wellhead, protection areas have been
certified by'the Oregon Health Division according to the provisions of OAR 340-40-
180, The Time of Travel lones, of the Overlay District are based upon these
protection areas.
The City's comprehensive plan and development code are acknowledged by the
State of Oregon to be in compliance with all applicable state-wide planning goals
and administrative rules. This proposed DWP Overlay District is consistent with a
number of plan policies cited in previous pages and with ORS, and so, by extension
conforms with applicable state-wide planning goals and administrative rules. The
following findings are included in this record:
Goal 1: Citizen Involvement
A Citizen Task Force and Technical Advisory Committee developed the.
management se.ction of the Springfield Drinking Water Protection Plan and
recommended it for adoption, The DWP Overlay District was one of highest
priorities of the Plan. The Springfield Planning Commission conducted a public
hearing on April 20, 1999 and the City Council conducted a public hearing on May
17, 1999, to adopt the Plan.
Goal 2: Land Use Planning
This goal states: "Allland"use plans and implementation ordinances shall be
adopted by the governing body after public hearing and shall be reviewed and, as
needed, revised on a periodic cycle to take into account changing public policies
and circumstances, in accord with a schedule set forth in the plan.
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Jo. No. 99-09-219
"Implementation Measures - - are the means used to carry outthe plan. These are
of two general types: (1) management implementation measures such as
ordinance.s, regulations or project plans, and (2) site or area specific implementation
measures such as p'ermits and grants for construction, construction of public
facilities or provision of services."
The DWP Overlay District is an implementation measure for'theSpringfield Drinking
Water Protection Plan to be adopted by ordinance..
Goal 3: Agricultural Lands
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This ,goal does not apply within adopted, acknowledged urban growth boundaries.
, The City of Springfield does not have any agricultural zoning districts. The DWP
Overlay District does not apply outside the urban growth, boundary.
Goal 4: Forest Lands
This goal does not apply within adopted, acknowledged urban growth boundaries. '
The City of Springfieid does not have any forest zoning districts, The DWP Overlay
District does not a~ply outside the urban growth boundary.
Goal 5:. Open Spaces, Scenic and Historic Areas, and Natural Resources
The Springfield 'aquifers are significant natl.!ral resources providing drinking water to
,approximately 60,000 residents and therefore are subject to protection under State-
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Wide Planning Goal 5. (OAR 660-23-140(6)). The Springfield Drinking Water
Protection Pan was one of the tasks in the Metro Plan work program to comply with
Goal 5. The DWP ()verlay District is designed to protect the aquifers from
hazardous materials and is part of the 'periodic review requirement.
Goal 6: Air, Water and Land Resources Quality.
, This goal requires compliance with applicable state or federal environmental quality
,statutes, rules and standard~, and that "discharges not exceed the carrying'
capacity of such resources, considering long range needs; degrade such resources;
or threaten the, availability of such resources." The DWP Overlay District closely
parallels the objectives of this goal by reducing the risk of contamination of water
, .
resources. , "
. Goaf'7: Areas Subject to Natural Disasters ,and Hazaids
All sites within Springfield subject to these hazards (floodplain, erosion, landslides,
earthquakes, weak foundation soils) are inventoried through a. variety of sources.
The DWP Overlay DistriCt does not remove or exempt compliance with all other
Code stl;mdards which may apply.
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Page 6 .
Jo. No. 99-09-219
Goal 8: ,Recreational Needs
Willamalan,e Park 'and Recreation District provides for the recreational needs of
Springfield through its own park planning. Park needs and fa'cilities are based on
existing and 'projected populations. The DWP Overlay District has no influence on
population projections because it does not change permitted density within
residential plan designations. The DWP Overlay District does not influence the
ability of th,i"park district to acquire land for parks.
(
Goal 9: Economic Development
, '.
This goal is intended to preserve and enhance economic development activities. The
DWP Overlay District is designed to reduQe the risk of groundwater contamination
by hazardous materials, thereby keeping Springfield's drinking \l\(ater pure. This
result should have a positive effect on the city's livability rating's and the attraction.
of commercial and industrial development. These factors shouldenharice marketing
the city's economic opportunities.
Goal 10: Housing
This goal states: "to provide for the housing needs of citizens of the state,"
The DWP Overlay District would have no effect on housing supply or opportunity.
Goal 11: Public facilities and Services
This goal ,states: "To plan 'and develop a timely; orderly and efficient arrangement of
public facilities and services to serve as a framework for urban and rural
development," The DWPOverlay District incorporates existing as well as potential
future wellheads into the areas of pro.tecJ:ion from contamination.
Goal 12: Transportation
This goal states:'''To provide and encourage a safe, con-Jenient and econo'mic
transportljtion system." The DWP Overlay District does 'not impact the
transportation system. .
Goat 13: Energy' Conservation
This goal states:""Land and uses developed on thelandsh~1I be managed and
controlled so as to maximize the conservation of all forms of energy, based upon
sound economi<: principles." The DWP Overlay District is intended to reduce the risk
of groundwater contamination. To the extent that this community will not have to (
seek new wells or other sources of drinking water as a result of the District, a form
of de facto energy salfi[.1gs is realized:'
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Page 7
Jo. No. 99-09-219
Goal 14: Urbanization
"
This goal states: "To provide for an orderly and efficient transition from rural to
urban use," The DWP Overlay District is designed to be used in conjunction with
Site'Plan and Minimum Development Standards. These apply mainly to commercial
and industrial properties. .Orily residential properties would be allowed to develop
without annexation, therefore consistency with the provision, timing and capacity
of rural to urban conversion is not affected by the Overly District.
Goal 15: VViHamette River Greenway
"
There are no DWP Overlay zones within the Willamette River Greenway.
Goal 16: Estuarine Resources; Goal 17: Coastal Shorelands; Goal 18: Beaches and
Dunes; and Goal 19: Ocean Resources
.
These goals do not apply within the adopted, acknowledged Eugene-Springfield
Metropolitan Area General Plan. "
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p,age.8
Jo, No, 99-09-219
FINDINGS IN SUPPORT OF JOURNAL NUMBER 99-09-219
,DRINKING WATER PROTECTION OVERLAY DISTRICT .
Adoption 'of Article 17 of the Springfield Development Code (SDC) creates a Drinking Water
Protection Overlay District (DWP), The regulations within the DWP Overlay District supplement
th,e regulations of th~ underlying district. Upon adoption of Article 17, all land within the DWP
Overlay District,will be rezoned to add the DWP overlay'designation,
SPRINGFIELD DEVELOPMENT CODE CRITERIA
I', .
Section 12,030 of the Springfield Development Code established standards used in granting
zone changes, In reaching a decision on these actions, the Planning Commission or Hearings
Official shall adopt findings which demonstrate that all of the following criteria have been
addressed:' .
(1) Consistency with the Metro Plan Text and Diagram;
(2) Consistency with applicable Refinement Plans, special study area studies and
functional plans; and
(3) That the property can be served by the orderly and efficient extension of key urban
facilities and services as prescribed in the Metro Plan priorto or in conjunction with
development. '
I
1. Consistency with'the Metro Plan Text and Diagram:
The Springfield Drinking Water Protection, Plan was adopted as a functional plan
intended to carry out policies of ttle Metro Plan, The Plan is a work task in the Metro
Plan Periodic Review Work Program. Springfield's service population exceeds 10,000
people that rely on groundwater as the primary source of drinking water. As such, the
delineated drinking water protection areas identified in the Plan ,qualify as significant
" ' groundwater resources and must be protected to comply with Statewide Planning Goal
5 (OAR 660-23-140). To comply with Goal 5, Springfield must adopt comprehensive
plan provisions an'd land use regulations, consistent with all applicable state-wide
goals, that reduce the risk of contamination of groundwater, following the standards
and requirements of OAR chapter 340-40-180. As part of the Perio,dic Review
requirement, the DWP Overlay District is an implementation measure for the Drinking
Water Protection Plan. The DWP Overlay District is in conformance with the following
Metro Plan statements:
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Page 9
Jo, No, 99~09-219
The Environmental Resources,Element
Findings on III-C-3:
10, Known and potential groundwater pollution exists in the metropolitan area, Known
and potential sources of groundwater pollution include septic tank wastes; industrial,
commercial, and residential runoff; leakage from sanitary sewer pipes; leaking from
sa'nitary !andfills; ,agricultural non,point sources (spraying and animal wastes); chemical
and petroleum spills, and natural contaminants (arsenic).
11. Beneficial uses of groundwater in the metropolitan areainc!ude domestic and
municipal water supplies, industrial supplies, and domestic and commercial irrigation.
The'value and frequency ofthese uses varies among incorporated, urbanizable and
rural areas, ' '
Goals on III~C-6:
1, Protect valuable natural resources and encourage their wise management, use'and
, proper reuse, ,
4. Provide,a healthy and attractive environment, including clean air and water, forthe
metropolitan population.
Objectives:on III-C-6 and III-C-?
. ,
'1. Maintain the benefits associated with environmental resources in an urban setting.
Those resources include ...clean air and water.... ",
3, Improve and maintain air and water quality to meet federal, state and local,
'standards, ' f '
, {
4. 'Minimize problems associated' with water quantity and noise,
" .
Policies on III-C-10
,
20. In order to improve water quality and quantity in the metropolitan area,local
governments shall consider developing regulations or instituting programs to:
a, increase awareness of techniques and practices private individuals can
employ to help correct water quality and' quantity problems;
b. improve management of industrial and commercial operations to reduce
negative water quality and quantity impacts;
c. regulate site planning for new'development and construction to better control
drainage and erosion and to manage storm runoff;
3':'9
Page 10
Jo, No, 99-09-219
e, utilize natural and simple mechanical treatment systems to provide treatment
for contaminated runoff waters;
'g, minimize use of toxic substances; and
h, minimize thenegativ~ effects of chem~cal and petroleum spills,
21. Positive steps shall be taken'to protect the Springfield municipal groundwater
supplies along the McKenzie River and the I'fliddle fork of the WillametteRiver.
22, Local governments sha'lI continue to monitor, to plan for, and to enforce applicable
air and water quality standards and shall cooperate in meeiing applicable federal, state;
and local air and water quality standards, , '
The Economic Element
Implicit in the goals and objectives that follow is the premise that the economic health of
the area is integrally related to the quality of life for residents. Improved welfare of the
, residents of the metropolitan area, measured by increases in employment opportunities
and reductions in unemployment, increases in real incomes, and improved
environmental quality are the ultimate goals of all economic efforts. Economic growth or
industrial expansion is acceptable when it is consistent with these goals and objectives,
(111-8-1) -
Findings on III-Bc2
10. The healthful environment of the metropolitan area can help attract industrial
development, hold workers, and attract convention- and tourist-related economic
activities. The concern for clean air and water is high pnority with area residents.
2. Consistency with applicable Refinement Plans, special area studies and functional
plans: ' , , ,',
Refinement plans refine and augment the Metro Plan. Should inconsistencies occur,
the Metro Plan is the prevailing policy document (Metro Plan, 1987, p.lV-3). The Metro
Plan continues to undergo periodic review to ensure continued compliance with Land
Conservation and Development Commission goals. Preparation of a drinking water
protection plan was one of the periodic reviewwork,tasksassigned to Springfield to
comply with Goal 5. The DWP Overlay District is an implementation measure for the
adopted Springfield Drinking Water Protection Plan and, as such, is a periodic review
requirement. '
The Drinking ,Water Prote,ction Plan was adopted as a functional plan intended to carry
out policies of the Environmental Element of the Metro Plan. The DWP Overlay District
implements and is consistent with this plan, ;
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Page 11
JOe No, 99-09-219
3. '
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That the property can be served by the or!lerly and efficient extension of key
urban .facilities and services as prescribed in the Metro Plan prior to or in
conjunction with development.
l
Serving the land within the DWP Overlay District with the orderly and efficient extension
of key urban, facilities and services will not be effected by adoption of the Overlay
District. The Public Utilities, Services, and Facilities Element of the Metro Plan
considers the provision of water a key urban service. The purpose of the Overlay
District is to protect from contamination the aquifers used as the potable water supply
sources for the City of Springfield and keep them available for use,
. '
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3-11
May, 12. 2QQO 8:08AM
K;,tifsj'tJJ'd MnrwJiuT'W.j'(fJ CtI"'pm('V
KINGSFORD SPRINGFIHD
No. 1075 P. 1/3
",
May 12, 200,0
"~,,'
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BY FAX: (541) 726-3689
Mr:John Tamulonis
Director, City DeVelopment Services
City of Springfield
225 Fifth Street
Springfield, OR 97477
RE: 'Article 17 Drinkinl! Water Protection Overlav District'
"
Dear Mr. Tamulonis:
The 'Clorox Company and Kingsford Manufacturing' Company continue, to
support the policy objective of Article 17 to create safeguards protecting the quality
of well water 'in the City of Springfield. In the spirit of constructive input, we have
reviewed the most recent draft of proposed Article 17 and request one modest
amendment to section 17.040(3)(c) to clarifY that tills' ordinance apply only to,
prospective new uses and not create burdens based upon current uses, We understand
,that this is consistent with your understanding of what Article 17 is intended to apply
to.
~ .f,
We recognize and appreciate efforts by your staff to add commentary
, explaining the intent of 17,040(3)(c), However, we believe that this maynot provide
you with sufficient flexi~ility for two reasons. First, commentary cannot llc;gate
codified language, - it may only provide clarification ,to otherwise ambiguous
language. And second, the plain meaning of the proposed 17,040(3)(c) exception
, appears to prohibit you from waiving the requirement that the most stringent time of
travel 'zone (TOTZ) apply to an entire tax lot if hazardous materials are ~andled
within this zone. Proposed 17.040(3)(c) provides:
....
(
,Ex'ception: The Director'may waive the requirement that the more,
restrictive standards apply when all of the following apply: '! '
1.
, 2.
SprUltf.l,c-},i I'/anT
.~_1J.~ /1;(flrCO!(J Rlmd
S/II':rlJr..fidd, -ou
97.J;""S
(,).<lJ) 74(1-%0]
Fn.\": 15'11 )'I,J7-S~OJ
Storage, use, handling, treatmenl, and/or production of
hazardous materials that pose a risk to groundwater will not
take place within the portion of the tax lot having the more
restrictive TOTZ standards; an~'
Storage, use, handling, treatment, and/or production of
hazardous materials that pose a'risk to groundwater will not
take place within 50 feet of the portion of the tax lot having
. '
May. 12. 2000 '-S:08AM KINGSFORD SPRINGFLELD
No. 1075 P. 2/3
"-
Mr. Tamulonis
May 12, 2000
more" restrictive TOIl standards; ".. Emphasis added,
Article 17.040(3)(c) as proposed"
As you can s'ee, if there is an existing use On the more restrictive TOTZ: this
wOl!ld indeed appearfo be a "use" laking place within that TOTl, It.would also be Ii
"use'" taking place within 50 feet of a more restrictive TOIl because it w,ould be
inside the more, restrictive TOIl. Accordingly, you may not be able to grant the
waiver because you may, not be able to find, that either of ,the above criteria is
satisfied, We therefore believe that 17,040(3)(c) should be amended to clearly reflect
that more restrictive TOIZs will nOI be applied to an' entire tax lot on the basis of a
pre-existing' activity. I have attached two proposed' amendl)lents, The first contains
language that we are suggesting, and the second contains language we understand you
are considering based on conversations between you anoMr. Nelson Meeks of our
,Oakland:CA office:
Second, for' the reasons expressed in my letters"ofMarch 29, 2000 and April
28,2000, we remain concerned that the- scope ofth.e proposed ordinance, may still
create undesired administrative burdens. As currently drafted, Article 17' applies to
all hazardous materials unless specifically excluded. Because there are hundreds of
thousands of substances classified as hazardous materials, the list of sP!lcifically
excluded materials is likely to create unreasonable administrative burdens because the
business co~munity will be required to seek voluminous exemptions.' Unfortunately,
we cannot offer at this time'specific language that would cure this: problem ~ther'than
limiting Article 17 to DNAPLs. .
The Clorox Company and Kingsford Manufacturing C~mpany appreciate the ,
dialogue wehave had with you and others in City Government on this matter. Please
, , do not hesitate to give me a call at'744-4515 or our Plant Engineering Manager, Kreg ,
Sturman, at 744-4520, " :"
, "
~cr/~
Calvin F, Pittman
Plant Manager,
[
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,cc: Dan Ega~Springfield.Chamber of Commerce
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M3 y, 12. 2000 8: 08AM,
KINGSFORD SPRINGFIELD
No, 1075. P,3/3,
,<
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"
Mr. Tamulonis
, May, 12, 2000
'...,
PROPOSED AMENDMENTS
, AMENDMENT #f - Revi.sion of' 17.040(3)(c) is needed to protect ta;>( lots having
, . multiple TOIls' from be,ing required to meet the mqst stringent lOll due, to an
, existing use, The following language is proposed: '
, EXCEPTION: :Unon aoolication. the DireCtor may shall waive the requireinents that
the mare restri'ctive standards apply when all of the following' apply: (I) Storage, use,
. "handling, treatment and/or production of hazardous materials, oreviouslvsubiect to
" 17,050, gg will ,not take place within the portion of'the tax lot having the more,
restrictive, TOTZ standards; and, (2) [retain existing language]; and (3) [retain
. existing language];..and (4) the Director finds that the waiver will not unreasonably
comoromise nrotection of l!rounrlwater, '
"
. '
-
, In the alteri,ative, pursuant to your conversation with Mr., Nelson Meeks from our
Oakland Office on May 10, 2000, we understand that you are considering the
following amendment; , .
EXCEPT!ON: The Director may waive the requirements that the more restrictive
standards apply when all of the following apply, (I) The new S.s.torage" use, handling, ,
, treatment and/or production of hazardous materials.~ill not take place ,within the,
. portion of the tax lot having the more' restrictive TOTZ standards; and (2) The new
'S~torage, u'se, hand'ling, treatment, ,and/or production of hazardous materials that pose
a risk to gro,!ndwaier will nollake place'within 50,feet of the portion ofthetax'lot
having mo~e restrictive 10TZ standards; and (3) [retain existing language],
','
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: ,
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.
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I
.-- -....... ..,.. ,av.~, ..~ OJ"':
H.\IlRANG LONG
o o:>>u~
Ii!l002
Gl.l!NN tCt..I..
lL...... ..!. ::"'-;"-1-& .. ..J ... ..~.._~ _~_.....1::"..........___
ATTORNF,:VS &: COUNSELORS AT LAW
May 12, 2000
VIA FAX #746-4109
aad First Class Mail
"
,
Timothy 1. Harold
Harold Leahy cot al
223 N, A 51., Ste. D
Springfield, OR 97477
Re: Springfield Ordinance: Article 17
Dear Tim:
I have reviewed the draft of the 6rdinancc that Sarah sent, out with her
memorandum addressed to participants in the previous public hearings on ~icle 17,
I am writing to alert you to one typo and ol)c suggested change.
First, under 17.090 (Appeals), the fJs't sentence references secti~n 12.050(7),
The referCllce should be to section 11.050<,7).
Second, we appreciate th.c change to 17 .050( 1) - i. e,. Ihe trigger language.
The language that staffincluded,however, aoes not exactly mirror the language that
we had suggested. Tocnsure that the intention is clear, we suggest two tweaks to the
language in subsection (I), to read as follows:
"A DWP Overlay District Development Application is required lllll:i
when the criteria of both subsections (a) and (b) are ......!:.dt:....&!:..
Thank you for your consideration ofth"se changes.
,
Sincerely,
~~~
~KleiD .
GKIgb
ec: Client
,
,
ZO-d
10' EAST BROADWAY
SUIT).',4UO.
EUGENt,OllHOON
'1401.1114
COunPOSOENCI:
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EI.!(;r.N'~ ORI;OON
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OFFICi.S AL~O IN
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