§ 27-356. Required licenses and approvals.
(a)
General Requirements: This Section identifies the criteria under which a license is required, application contents, general conditions, and operating requirements for all activities regulated under this Article. The licenses included in this Section are as follows:
(1)
Hazardous material management facility license;
(2)
Hazardous material transfer facility license;
(3)
Environmental assessment and remediation license; and
(4)
Special licenses.
(b)
Hazardous Material Management Facility Licenses:
(1)
License required:
a.
Operating license: A hazardous material management facility operating license shall be obtained by the owner/operator for any existing, new, or proposed facility that generates, stores, processes, uses, handles, or manufactures hazardous material in quantities greater than specified in the definition of a hazardous material management facility.
(2)
Application for license: Application for any license shall be submitted on EPGMD forms and shall provide all information as requested therein.
(3)
General conditions: The general conditions specified in Section 27-58 of this Chapter are applicable to all licenses issued under the provisions of this Article.
(4)
Operating requirements: The operation of a hazardous material management facility subject to licensing shall be in accordance with all applicable portions of this Chapter. In addition, the following requirements shall apply:
a.
General operating requirements:
1.
All containers of hazardous material shall be stored in a manner that meets the requirements of secondary containment as defined in this Article and be protected from weather and in accordance with all applicable fire codes.
2.
Individual storage containers of hazardous material shall be labeled and maintained in accordance with all applicable federal and state standards and applicable fire codes.
3.
Provisions shall be taken to prevent the unauthorized entry into a storage facility containing hazardous material.
4.
Sump pumps used to remove rainwater from hazardous material containment shall be manually operated at all times to prevent an automatic release of hazardous material to the ground.
5.
Any monitoring wells required under this Section shall be constructed and maintained in accordance with the most current version of EPGMD's "Minimum Criteria for Monitoring Well Installation and Sampling." Any required monitoring or testing shall be as specified in writing by EPGMD.
6.
The owner/operator of a licensed hazardous material management facility is required, at a minimum, to develop procedures to ensure the appropriate and safe handling and cleanup of any release of hazardous material. EPGMD may also require the owner/operator of a licensed hazardous material management facility to prepare a spill contingency plan subject to the criteria specified in this Section.
a)
The criteria to be utilized by EPGMD in establishing a license requirement for a spill contingency plan may include one or more of the following:
1)
A statutory requirement to prepare such a plan under applicable federal or state environmental regulations.
2)
Type and quantity of hazardous material at the facility.
3)
A site plan depicting the location of the hazardous material in relation to storm sewers, surface waters, drinking water supplies, sensitive environmental areas, and/or heavily populated areas and schools.
4)
Nature of business or activity.
5)
Spill history of the facility.
6)
Other factors determined by EPGMD to be relevant to this provision of this Article.
b)
The spill contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or nonsudden release of hazardous material to air, waters, soils, or other natural resources of Broward County. The provisions of the plan must be carried out immediately whenever there is a fire, explosion, or release of hazardous material which could threaten human health or the environment.
c)
The spill contingency plan must be prepared and updated in accordance with all applicable federal and state environmental regulations and shall be submitted to EPGMD for review and comment. The spill contingency plan shall be maintained on-site.
b.
Construction materials and methods:
1.
With the exception of underground storage tanks, storage tank configuration shall provide for complete visual inspection.
2.
All primary containment shall be product-tight and labeled in compliance with current federal, state, and local regulations.
3.
Unless the hazardous material is contained solely in consumer products packaged for distribution and use by the general public or is a commercial product used for janitorial or minor maintenance purposes, the following secondary containment standards shall apply:
a)
All secondary containment shall be constructed of materials of sufficient thickness, density, and composition so as not to be structurally weakened as a result of contact with the released hazardous material. The secondary containment must also be capable of containing hazardous material for a period equal to or longer than the maximum anticipated time sufficient to allow recovery of the released materials.
b)
All secondary containment shall, at a minimum, be provided with a roof to prevent rainwater from entering the area or, as an alternative, be equipped with a lockable valve to enable the controlled release of any accumulation of clean rainwater. The valve shall remain locked or be secured in a manner which, if accessible to the public, prevents the release of hazardous material. All rainwater must be removed from the secondary containment area within twenty-four (24) hours of its accumulation.
4.
Any floor drains in a hazardous material handling, usage, or storage area which lead to a drainfield, septic tank, or stormwater system must be secured or permanently sealed to prevent the release of hazardous materials.
5.
All storage containers shall be designed and constructed in accordance with the applicable standards established by the National Fire Protection Association, the American Society for Testing and Materials, or the EPA; or, if none of the above standards are applicable, then in accordance with alternate EPGMD approved standards.
c.
Handling and storage:
1.
The transportation and disposal of hazardous material shall be conducted in accordance with federal, state, and local regulations. Prior to disposal, all hazardous material shall be properly stored and handled on-site and be accessible to inspection at any time.
2.
In the event of an unauthorized release of a hazardous material in an amount that is above the reportable quantity threshold or the discovery of the presence of any contaminant in the air, waters, soils, or other natural resources of Broward County, the licensed facility must comply with the provisions of Subsection 27-355(a)(1) of this Article.
3.
Defective storage containers of hazardous materials shall be removed from service. Such containers shall be repaired or decontaminated and disposed of in accordance with federal, state, and local regulations.
4.
Outdoor use of hazardous material, including disassembly of any machinery, equipment, or vehicles, is not permitted unless drip pans, secondary containment, or other steps are taken to prevent any release. Outside storage of disassembled parts is prohibited unless empty and stored with the fluid cavities open for inspection and in a manner which prevents direct contact with rainwater.
5.
Reactive or incompatible materials such as acids and bases shall be stored in separate containers, in secondary containment areas, and in a manner which eliminates the potential for commingling in the event of a release.
6.
Any hazardous material transfer, dispensing, or mixing activities shall be performed in a manner which prevents any unauthorized release to the environment.
7.
Hazardous material may be placed into a sanitary sewer system only in accordance with federal and state regulations. Any release of hazardous material into a sanitary sewer system without permission or approval and/or in excess of publicly owned treatment works system standards is prohibited under the provisions of this Article.
8.
Hazardous waste shall be kept on-site for a period of time no longer than allowed in accordance with federal and state regulations.
9.
All discarded hazardous material shall be transported by a licensed EPGMD waste transporter and be disposed of in accordance with federal, state, and local regulations.
10.
Rainwater which has come into direct contact with any hazardous material shall be collected and disposed of as waste hazardous material in accordance with all applicable federal, state, and local regulations.
d.
Recordkeeping and reports:
1.
Reports and records, including hazardous waste manifests, bills of loading, or other equivalent manifesting for all hazardous material disposal, shall be maintained on-site for five (5) years, and shall be available upon request for inspection by EPGMD. The records, at a minimum, must identify the facility name and address, type and quantity of waste, the shipping date of the waste, and the hauler's name and address.
2.
Material safety data sheets shall be maintained on-site in accordance with 29 C.F.R. Section 1910.1200, promulgated pursuant to the Federal Occupational Health and Safety Act, 29 U.S.C. Section 651 et seq., as amended.
e.
Closure requirements: When any facility which treats, stores, uses, handles, processes, manufactures, or disposes of hazardous material intends to cease operations, initiate a temporary shutdown, transfer its license, or be permanently removed from use or operation, the owner/operator is responsible to notify EPGMD in accordance with the provisions of Subsection 27-355(a)(3). The owner/operator is also required to conduct appropriate activities to ensure the proper removal and disposal of all hazardous material at the facility. At the time of notification, EPGMD will specify those closure activities which are determined to be necessary to meet the requirements of this license condition. Failure to notify EPGMD or to perform the required closure activities will constitute a violation of this Article and may subject the owner/operator to enforcement action.
(c)
Hazardous Material Transfer Facility Licenses:
(1)
License required: Unless otherwise exempted by this Article, prior to any person constructing, operating, or modifying a hazardous material transfer facility, that person shall first obtain a hazardous material transfer facility license.
(2)
License application requirements and standards:
a.
Application forms: A license application for a hazardous material transfer facility shall be submitted on approved EPGMD application form(s) by an owner or operator or authorized agent and must be accompanied by the required fee(s), as established by the Board in Chapter 40 of the Administrative Code of Broward County, as amended.
b.
Required application data: The license application must be accompanied by documents and drawings as required by EPGMD that describe the proposed facility and activities to be performed on-site in sufficient detail to meet the standards for transfer facilities' activities in this Article and to clearly identify all potential impacts to the environment and public health. All engineering drawings shall be signed and sealed by a professional engineer registered with the State of Florida. Application data required shall include, but is not limited to:
1.
A site plan showing dimensions and details of the proposed areas for receiving, processing, storage, and handling;
2.
General outline of facility area, access roads, grades required for proper drainage, any special drainage devices, and all other pertinent information;
3.
Designed capacity (volumetric) of the proposed facility, including the receiving, processing, storage, and handling areas;
4.
Anticipated type, quantity, and source of material to be received;
5.
Detailed engineering drawings of the site that indicate location of roads, buildings, equipment to be installed or used, fences and gates, landscaping, sewer and water lines, fire lanes, storm water system, and monitoring wells, if required;
6.
Upon request, the owner or operator shall submit a copy of permit applications or permit(s) issued by the appropriate federal, state, regional, or local agencies, or documentation that no such permits are required;
7.
Documentation that the applicant either owns the property or notarized authorization from the property owner to use the land, as applicable, for the activity proposed in the application. Such authorization shall include proof of ownership;
8.
Documentation from the local zoning authority stating that the facility is in conformance with local zoning requirements; and
9.
An operation plan which includes at a minimum:
a)
Designation of persons responsible for operation, control, and maintenance of the facility;
b)
Proposed equipment and manufacturers' specifications;
c)
Description of the facility's in-house training program to operate the facility and to identify any hazardous or prohibited materials received at the facility;
d)
Inspection procedures for controlling waste at the facility;
e)
Vehicle traffic control and unloading;
f)
An emergency plan which shall contain, at a minimum, the following elements:
1)
A list of names and telephone numbers of persons to be contacted in the event of a fire, flood, or other emergency;
2)
A list of the emergency response equipment at the site, its location, and how it should be used in the event of a fire or other emergency;
3)
A description of the procedures that should be followed in the event of a fire, including procedures to contain and dispose of the material generated as a result of the fire; and
4)
A spill contingency plan in accordance with Subsection 27-356(b)(4)a.6.
g)
Contingency operations, including reserve or alternate equipment, or alternate waste handling and disposal methods in case of emergency such as a natural disaster, equipment failure, or receipt of prohibited materials.
(3)
Design criteria: The owner or operator of a hazardous material transfer facility shall:
a.
Comply with all pertinent provisions of Subsection 27-356(b)(4)b of this Article in addition to those provisions specified within this Section;
b.
Provide fencing or other effective barriers on-site to control access to the site, secure the hazardous material transfer facility, and prevent disposal of waste or materials other than approved material;
c.
Permanently post sign(s) in a conspicuous location clearly visible to the general public indicating the name of the operating authority, contact person, telephone number in case of emergency, and hours of operation; and
d.
Construct waste receiving, shipping, storage, and processing areas in accordance with Subsection 27-356(b)(4)b of this Article.
(4)
Operating requirements: The licensee shall:
a.
Be required to fully comply with all pertinent provisions of Subsection 27-356(b)(4) of this Article in addition to those provisions specified within this Section.
b.
Ensure all personnel on-site are properly trained to operate the facility with emphasis on the proper identification and proper management of prohibited materials, safety, health, environmental controls, and emergency procedures.
c.
Maintain a current EPGMD waste transporter license at all times by all operational transfer stations that haul sludge, discarded hazardous material, or biomedical waste.
d.
Receive only the types of waste specified on the license. Should the owner or operator wish to accept additional materials, a license modification is required prior to acceptance of any material not specified on the license.
e.
Off-load all drums arriving at the hazardous material transfer facility from the vehicle directly into the drum containment area. No drums that contain discarded hazardous materials shall be placed outside of the secondary containment area(s).
f.
Take all appropriate precautions that may be necessary to prevent the release of discarded hazardous materials during loading and unloading activities.
g.
Receive waste from and/or transfer waste with waste transporters that have a current Broward County waste transporter license as evidenced by a current license identification decal displayed on the rear of the hauling vehicle. Vehicles solely used in the transportation of hazardous material are exempt from the identification tag requirements specified in Subsection 27-439(e)(4) of the Code.
h.
At all times, control litter, fugitive particulate matter, insects, objectionable odors, noise, and disease vectors to prevent a nuisance condition and unsightly appearance.
i.
Ensure that EPGMD required monitoring wells, if any, be constructed in accordance with the most current version of EPGMD's "Minimum Criteria for Monitoring Well Installation and Sampling."
(5)
Recordkeeping and reports:
a.
The licensee shall submit a monthly report to EPGMD no later than the fifteenth (15th) day of the succeeding month. If no waste was hauled and transferred by the licensee during the reporting month, the licensee shall submit a report to EPGMD stating such. The report shall include:
1.
The transfer facility name, address, and license number;
2.
The month covered by the report;
3.
The total quantity of material received, by type;
4.
The total quantity of material shipped, by type, to a licensed disposal facility and identification of the disposal location(s); and
5.
Copies of the hazardous waste manifest(s) for all hazardous waste received or shipped during the reporting month.
b.
EPGMD may require groundwater monitoring reports or additional reports, as deemed necessary, to ensure environmental compliance.
(6)
Notifications:
a.
Any hazardous material transfer facility which intends to cease operations, initiate a temporary shutdown, transfer its license, or be permanently removed from use or operation, must provide written notification to EPGMD at least thirty (30) days prior to initiating such activities.
b.
The owner or operator shall give written notice to EPGMD within five (5) days of the completion of the closure.
c.
In addition to this Section, all hazardous material transfer facilities shall be required to fully comply with Section 27-355 of this Article.
(7)
Closure requirements:
a.
The owner or operator shall remove or otherwise properly dispose of all waste material on-site prior to closure.
b.
Failure to perform the required closure activities will constitute a violation of this Article and may subject the owner/operator to enforcement action.
(d)
Environmental Assessment and Remediation Licenses:
(1)
Licenses required: Notwithstanding any other provision in this Article, any responsible party may be required by EPGMD to obtain an environmental assessment and remediation license for the purposes of assessing the magnitude and extent of contaminants present at a site and, if necessary, remediating the contamination.
(2)
Application for license: The responsible party designated by EPGMD shall apply for and obtain an environmental assessment and remediation license after EPGMD has determined that a site should be activated. Application shall be made within thirty (30) calendar days of the written notification to EPGMD of the presence of a contaminant(s) or a release of a hazardous material exceeding the reportable quantity threshold. If there is more than one (1) responsible party, EPGMD may require each responsible party to obtain a separate environmental assessment and remediation license. EPGMD shall take into account the current and prior ownership of the property, culpability, knowledge of the presence of the contaminants prior to purchase of the property, availability of responsible parties, and any other relevant information in making a determination as to which parties should obtain the required license. Each application for license shall be accompanied by the appropriate fee for said license.
(3)
General license conditions: The owner/operator shall comply with all of the general license conditions set forth in Section 27-58 of this Chapter.
(4)
Operating requirements:
a.
This license is issued for the purpose of assessing and/or remediating a release of hazardous material. This license does not expire and the licensee is bound by the conditions contained within until EPGMD has issued a "No Further Action" determination or inactivates the license. Fees for the license are due annually and must be submitted to EPGMD prior to the annual fees due date specified on the license. Failure to do so will result in the assessment of late fees and subject the licensee to possible enforcement action.
b.
Due dates for reports: A licensee shall submit to EPGMD a complete source removal report (SRR), site assessment report (SAR), remedial action plan (RAP), site remediation reports, and any other required deliverables, by the dates specified in the license. At least twenty (20) calendar days prior to the due date for any report or required activity, the licensee may submit a written request for extension, including the circumstances which make the submission of the report by the due date a hardship. EPGMD shall respond to such a request in a timely manner and, if possible, prior to the due date of the report.
c.
Field activities: Written notification shall be provided by the responsible party to EPGMD at least three (3) working days prior to performing field activities such as installing assessment monitoring wells or recovery wells, performing sampling, installing remediation equipment, or performing source removal activities. Personnel from EPGMD shall be allowed the opportunity to observe these field activities and to take split samples.
d.
Monitoring well construction, sampling, and abandonment (closure) shall conform to the most recent version of the EPGMD "Minimum Criteria for Monitoring Well Installation and Sampling."
e.
Any monitoring well that is destroyed or damaged beyond repair shall be properly abandoned. A replacement well shall be installed within twenty-one (21) days after discovery of the damaged well and in a location adjacent to the damaged well.
f.
No remedial actions shall be initiated at a contaminated site until a RAP has been approved by EPGMD or DEP. This prohibition does not apply to source removal as defined in this Article or to corrective or remedial actions where the EPA is the lead agency and has initiated or approved such actions under the provisions of the Resource Conservation and Recovery Act or 40 C.F.R. Part 300, as amended.
g.
Pumping of water as a remedial action and dewatering operations at or within a one-quarter-mile radius of a contaminated site are prohibited unless prior approval is obtained from EPGMD.
h.
The licensee shall complete construction and begin the operation of the remediation system described in the RAP no later than four (4) months after RAP approval. Excavation and removal of contaminated soil from the site, if specified in the RAP, shall be completed and manifests shall be submitted to EPGMD no later than four (4) months after EPGMD approves the RAP.
i.
The licensee shall submit a site remediation progress report within thirty (30) days after the remediation system is started and every quarter thereafter until the site is reclassified as inactive by EPGMD. The progress reports shall be prepared in accordance with EPGMD site-specific instructions.
j.
No construction or other intrusive activities shall be initiated or continued at any site where it is known or discovered that such site overlies or contains contaminants until the applicant obtains prior approval to construct from EPGMD.
k.
All monitoring wells which are not required for compliance with the provisions of this Chapter or state or federal regulations shall be abandoned after site closure in accordance with the requirements of the most current version of Rule 62-532.500(4), F.A.C.
(5)
Groundwater and Soil Cleanup Criteria:
a.
The purpose for these groundwater and soil cleanup criteria is to ensure that cleanup target levels at contaminated sites are adequate to protect human health and the environment and to establish the point at which a site rehabilitation program may be deemed complete. It is not intended for use as effluent or disposal criteria.
b.
Institutional controls, or a combination of engineering and institutional controls, where appropriate, may be used to eliminate or control potential exposure to unacceptable concentrations of contaminants. The enactment and removal of controls must be pre-approved by the EPGMD Director or designee.
c.
The groundwater and soil cleanup criteria shall be in accordance with Rule 62-777, F.A.C., and the following:
1.
For sites contaminated with petroleum products, the cleanup criteria established in Rule 62-770, F.A.C., as amended, shall apply;
2.
For sites contaminated with dry-cleaning solvents, the cleanup criteria established in Rule 62-782, F.A.C., as amended, shall apply;
3.
For sites determined eligible for the brownfields program, the cleanup criteria established in Rule 62-785, F.A.C., as amended, shall apply;
4.
For all other sites, the cleanup criteria established in Rule 62-780, F.A.C., as amended, shall apply.
(e)
Special Licenses:
(1)
Utility electrical equipment special license:
a.
General requirements:
1.
This special license shall be obtained by any public or private electric utility regulated by the Florida Public Service Commission utilizing dielectric insulating fluids in electrical equipment or batteries for uninterrupted power supply.
2.
The provisions of the utility electrical equipment license govern notification of reportable releases, remediation of said releases, spill contingency plan approval, and reporting requirements.
b.
Application for license: Application for this special license shall be on EPGMD forms and shall provide all information as requested within.
c.
General license conditions: The owner/operator shall comply with all general license conditions set forth in Section 27-58 of this Chapter. The license shall be issued for a period of five (5) years and shall be renewed every five (5) years thereafter.
d.
Operating requirements: The following operating requirements shall apply to special licenses issued under the provisions of this Article:
1.
An inventory of all electrical equipment utilizing dielectric insulating fluids or batteries for uninterrupted power supply shall be provided to EPGMD at the time a license is obtained and upon license renewal. This inventory must include, at a minimum, the quantity and size of equipment, the volume of fluids contained within, and a location description for all batteries and the amount of hazardous materials within those batteries.
2.
A spill contingency plan shall be prepared and submitted to EPGMD for approval. This plan must include, at a minimum, the following information:
a)
Procedure for remediation and cleanup of releases from electrical equipment.
b)
Internal notification procedure and criteria for notification to EPGMD.
c)
The name and contact information of the individual responsible for responding to identified releases.
d)
Sampling procedures, analytical parameters, and estimated time frame to obtain results.
e)
Procedure for cleanup of contaminated soil and for confirmatory sampling of the excavation.
f)
The names and addresses of licensed cleanup contractors and haulers to be utilized, location(s) of contaminated soil storage and disposal, and method(s) of soil transport.
The plan must be updated on an annual basis or upon a determination by EPGMD that the plan has failed during response to a release.
3.
An annual report which provides, at a minimum, information on the locations of all reportable releases that occurred during the year, quantity of each release, and required remediation activities shall be prepared and submitted to EPGMD.
4.
EPGMD shall be notified immediately upon the occurrence of any of the following reportable releases or events:
a)
A single or cumulative dielectric insulating fluid release greater than or equal to fifty (50) gallons.
b)
A dielectric insulating fluid release which contains a total PCB concentration greater than fifty (50) ppm.
c)
A battery-related release that is greater than or equal to ten (10) gallons.
d)
A release which enters or has the potential to enter a surface water body.
e)
An excavation to remove oil spillage which extends to the water table.
f)
Any condition that requires reporting pursuant to federal or state regulations.
Follow-up written notification shall be submitted to EPGMD within seven (7) days and should provide the information specified in Subsection 27-355(a)(1) of this Article.
5.
The disposal of all hazardous material resulting from any releases shall be conducted in accordance with all applicable federal, state, and local regulations.
(2)
Telecommunication utility VRLA battery special license:
a.
General Requirements:
1.
This special license shall be obtained by any telecommunication utility having one (1) or more facilities with a hazardous material inventory consisting solely of twenty-five (25) gallons or more of hazardous materials within impermeable, sealed, DOT-rated non-spillable, gel electrolyte VRLA batteries that are stored or used within secured structures.
2.
The provisions of the telecommunication utility VRLA battery special license govern notification of inventory, notification of facility inspections, spill contingency plan approval, and reporting requirements.
b.
Application for license: Application for this special license shall be on EPGMD forms and shall provide all information as requested within.
c.
General license conditions: The telecommunication utility shall comply with all general license conditions set forth in Section 27-58 of this Chapter.
d.
Operating requirements: The following operating requirements shall apply to special licenses issued under the provisions of this Article:
1.
An inventory of all VRLA batteries shall be provided to EPGMD and shall be updated on an annual basis. This inventory must include, at a minimum, a location description for all VRLA batteries and the amount of hazardous materials within those batteries.
2.
A spill contingency plan shall be prepared and submitted to EPGMD for approval. This plan must include, at a minimum, the following information:
a)
Procedure for remediation and cleanup of releases from VRLA batteries;
b)
Internal notification procedure and criteria for notification to EPGMD;
c)
The name and contact information of the individual responsible for responding to identified releases;
d)
Sampling procedures, analytical parameters, and estimated time frame to obtain results;
e)
Procedure for cleanup of contaminated soil and for confirmatory sampling of the excavation;
f)
The names and addresses of licensed cleanup contractors and haulers to be utilized, location(s) of contaminated soil storage and disposal, and method(s) of soil transport; and
g)
A description of the VRLA battery disposal/recycling activities.
The plan must be updated on an annual basis or upon a determination by EPGMD that the plan has failed during a response to a release.
3.
A report shall be prepared and submitted annually to EPGMD. This report must include, at a minimum, the following information:
a)
The location of all reportable releases that occurred during the year, quantity of each release, and required remediation activities;
b)
Confirmation that all facilities under the special license have been visually inspected in the past year or a list of any facilities not inspected in the past year; and
c)
The name and contact information of the individual responsible for facility inspections and maintenance.
4.
EPGMD shall be notified immediately upon the occurrence of any of the following reportable releases or events:
a)
A release greater than or equal to ten (10) gallons;
b)
A release of any size which enters or has the potential to enter a surface water body;
c)
An excavation to remediate a release of any size which extends to the water table; and
d)
Any condition that requires reporting pursuant to federal or state regulations.
Follow-up written notification shall be submitted to EPGMD within seven (7) days and should provide the information specified in Section 27-355 of this Article.
5.
The disposal of all hazardous material resulting from any release shall be conducted in accordance with all federal, state, and local regulations.
(Ord. No. 1999-52, § 1, 9-28-99; Ord. No. 2005-11, § 9, 5-24-05; Ord. No. 2008-09, § 1, 2-26-08; Ord. No. 2009-56, § 1, 8-25-09)