[HISTORY: Adopted by the Conservation Commission
of the Town of Boxford 9-20-2007. Amendments noted where applicable.]
A.
Introduction. These regulations are promulgated by
the Boxford Conservation Commission ("Commission") pursuant to the
authority granted to it under the Boxford Stormwater Management Bylaw
(hereinafter referred to as the Bylaw).[1] These regulations shall complement the bylaw and provide
additional detail on its implementation. Article I herein provides
definitions and procedures. Article II herein provides standards for
work within jurisdictional areas.
B.
Purpose. This regulation sets forth a public review
and decision-making process to manage stormwater runoff and post-construction
stormwater discharges resulting from the alteration of construction
sites or hotspots, as defined herein, located within the NPDES Phase
II Regulated Area, or for such sites which drain to the municipal
separate storm sewer system within the NPDES Phase II Regulated Area.
A.
This regulation applies only to the alteration of
a construction site or hotspot located within the NPDES Phase II Regulated
Area of Boxford, or which drains to the municipal separate storm sewer
system within the NPDES Phase II Regulated Area, as defined herein.
B.
The following exemptions apply to the alteration of
a construction site or hotspot:
[Amended 8-5-2021]
(1)
Normal maintenance and improvement of land in agricultural
use as defined by the Wetlands Protection Act regulation 310 CMR 10.04;
(2)
Emergency activities necessary to protect public health
and/or safety, so long as all necessary emergency permits or emergency
certifications have been obtained or applied for; and
(3)
Any work or projects for which all necessary municipal
approvals and permits have been issued before the effective date of
this chapter.
A.
Burden of proof. The applicant for a permit shall
have the burden of proving by a preponderance of the credible evidence
that the work proposed in the permit application will comply with
the Massachusetts Stormwater Management Standards and will not have
significant or cumulative adverse effect upon the hydrologic response
of local watersheds, stormwater runoff rates or volumes, flooding,
stream channel erosion, non-point-source pollution, sediment transport
and deposition, groundwater recharge, public safety, public and private
property, surface water, groundwater resources, drinking water supplies,
recreation, aquatic habitats, fish and other aquatic life, property
values and other uses of land and water. Failure to provide adequate
evidence to the Commission supporting this burden shall be sufficient
cause for the Commission to deny a permit or grant a permit with conditions.
[Amended 8-5-2021]
B.
No person shall perform any activity that alters a
construction site or hotspot except as authorized by the Conservation
Commission in a stormwater management permit or as otherwise provided
in this chapter.
The following definitions shall apply in the
interpretation and implementation of this chapter. Additional definitions
may be adopted by separate regulation:
Any activity, which will measurably change the ability of
a ground surface area to absorb water or will change existing surface
drainage patterns. Examples include, but are not limited to, earthmoving,
paving, and modification of existing vegetation.
The owner of any property any portion of which lies within
500 feet radially from any lot line of the subject property, including
owners of land directly opposite on any public or private street or
way including any in another municipality or across a body of water.
In the case of property that has frontage on a pond, abutters shall
include all those properties with frontage on the pond or pond association
if in existence.
Any site where activity is proposed or occurs that involves
the alteration of an area of one acre (43,560 square feet) or more
during or post-construction, or that will alter less than one acre
of land but is part of a larger, common plan of development or sale
that will ultimately disturb one acre or more of land. A project with
a limit of disturbance shown on a plan encompassing an acre or more
is a construction site.
Land uses or activities, without regard to square footage,
that have the potential for high stormwater runoff pollutant loadings,
including, but not limited to, auto fueling facilities, fleet storage
yards, municipal and commercial parking lots, road salt storage areas
and designated snow disposal areas, long-term staging areas for construction
or landscaping operations, and commercial outdoor maintenance, storage
or loading areas.
Not technologically possible, or not economically practicable
and achievable in light of best industry practices.
[Added 6-17-2021]
A vote by a majority of the Commission for all actions taken under § 160-5 of the Stormwater Management Bylaw (Administration) and issuance of enforcement orders, and a vote by a majority of a quorum of the Commission for all other matters under the bylaw or under these regulations.
The Standards issued by the Department of Environmental Protection,
and as amended, that coordinate the requirements prescribed by state
regulations promulgated under the authority of the Massachusetts Wetlands
Protection Act, MGL c. 131, § 40, and Massachusetts Clean
Waters Act, MGL c. 21, §§ 23-56, prevent or reduce
pollutants from reaching water bodies and control the quantity of
runoff from a site.
[Amended 8-5-2021]
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that are: (i) owned or
operated by a state, city, town, borough, county, parish, district,
association, or other public body (created by or pursuant to state
law) having jurisdiction over disposal of sewage, industrial wastes,
stormwater, or other wastes, including special districts under state
law such as a sewer district, flood control district or drainage district,
or similar entity, or an Indian tribe or an authorized Indian tribal
organization, or a designated and approved management agency under
Section 208 of the Federal Clean Water Act that discharges to waters
of the United States; (ii) designed or used for collecting or conveying
stormwater; (iii) which is not a combined sewer; and (iv) which is
not part of a publicly owned treatment works (POTW) as defined at
40 CFR 122.2.
The area within Boxford identified by the U.S. Environmental
Protection Agency as "Designated MS4 Area" under the National Pollutant
Discharge Elimination System (NPDES) Phase II Stormwater Program.
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the commonwealth or the federal government, to the extent permitted
by law, and any officer, employee, or agent of such person.
A.
Application for permits. Written applications for
permits shall be filed with the Commission to perform any activity
that alters a construction site or hotspot within jurisdictional area.
A permit application is not complete until all required application
materials have been received by the Conservation Commission. No hearing
or meeting for the proposed project will be scheduled until all required
application materials have been received.
B.
All permit applications shall contain eight sets of
the complete application package, including an original signed set.
The applicant shall also submit to the Commission eight sets of any
revised, amended, or supplemented information introduced or referred
to by the applicant during the course of the public hearings on the
application. The applicant must also provide a complete set of the
application materials and any revisions, amendments or supplements
to the Superintendent of Public Works. The Commission may, at any
time during the review process, require the submission of extra copies,
at cost, of the application and/or plans.
C.
The following application materials are required:
(1)
Stormwater management plan. The following minimum
requirements apply. At its sole discretion the Commission may relax
these requirements for small projects. The Commission may also, at
its sole discretion, relax the sheet size and scale requirements for
projects involving land areas too large to be contained on a sheet
meeting the size and scale requirements.
(a)
Sheet size: maximum 30 inches by 42 inches.
(b)
Scale: as needed to show all necessary details,
but at a ratio no greater than 1:480 (e.g., one inch equals 40 feet).
(d)
North arrow.
(e)
Locus map.
(f)
All existing topography and proposed contours
at a contour interval no greater than two feet.
(g)
Reference benchmark (vertical datum used).
(h)
Property boundaries, rights-of-way, easements,
restrictions.
(i)
Conservancy district, if applicable (show as
cross-hatched area, including all adjacent bordering vegetated wetlands).
(j)
Existing site improvements, e.g., buildings,
stone walls, trails, utilities.
(k)
All proposed or completed site improvements.
(l)
The boundary of all wetland resource areas, as identified at Town Code § 375-2 and defined at Town Code § 375-4, located on the site or within 100 feet of proposed construction activity, except for perennial streams, which shall be shown within 200 feet of the proposed construction activity. Boundaries shall be indicated by numbered points corresponding to flags placed in the field.
(m)
The name of the person conducting the wetland
resource field work.
(n)
The boundary of all relevant buffer zones and setback distances as described or identified at Town Code § 375-98.
(o)
Location of well and septic system with reserve
area.
(p)
All stormwater management measures shall be
listed on the plan. Measures that can be shown graphically shall also
be depicted on the plan.
(q)
A limit of disturbance line enclosing and encompassing
all areas of proposed work, including construction access to and from
an existing paved surface.
(r)
A calculation of the area within the limit of
disturbance line.
(s)
Construction details of proposed stormwater
management measures, as applicable.
(t)
All proposed discharge points.
(u)
Stamp and signature of a registered professional
land surveyor or a registered professional engineer. In circumstances
where the Commission determines that no survey is required, the stamp
and signature of a registered sanitarian may be acceptable.
(2)
Design Standards. The following minimum requirements
apply:
[Amended 2-18-2021; 6-17-2021]
(a)
At a minimum all projects subject to a stormwater
management permit shall comply with the performance standards of the
most-recent version of the Massachusetts Stormwater Standards and
accompanying Stormwater Management Handbook (Handbook), with the following
differences from the Handbook:
[Amended 8-5-2021]
(b)
Unless indicated otherwise in these regulations,
the analytical methodology, numerical values and assumptions provided
in the Standards shall apply.
[Amended 8-5-2021]
(c)
There shall be no increase in the peak rate
of runoff from the two-, ten-, twenty-five-, fifty- and one-hundred-year
storms.
(d)
There shall be no increase in the volume of
runoff from the two-, ten-, twenty-five-, fifty- and one-hundred-year
storms.
(e)
Runoff calculations for flood control shall
be done according to the Rational Formula, the Natural Resource Conservation
Service TR-20, or TR-55, as appropriate for the site. The appropriate
methodology shall be determined from the restrictions on each method
described in Hydrology Handbook for Conservation Commissioners (2002).
The Rational Method cannot be used to determine volume.
(f)
The flow length for predevelopment sheet flow
to determine the time of concentration (Tc) or travel time (Tt) shall
not exceed 50 feet.
(g)
All stormwater-related calculations and management
designs submitted to the Commission shall be based upon the following
rainfall data:
|
Storm Event in Years
|
Inches per 24 hours
| |
|---|---|---|
|
2
|
3.24
| |
|
10
|
5.12
| |
|
25
|
6.29
| |
|
50
|
7.15
| |
|
100
|
8.10
|
(Taken from NOAA Atlas 14 Point Precipitation Frequency
Estimates, NOAA Hydrometeorological Design Studies Center, available
at: hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html; see also NOAA
Atlas 14 Precipitation – Frequency Atlas of the United States,
V.10, ver. 3.0: Northeastern States, Perica, et al, 2015, rev. 2019,
U.S. Dept. of Commerce, Silver Spring, MD.)
(h)
For each predevelopment design point there shall
be a corresponding post-development design point.
(i)
Estimated seasonal high groundwater elevation
and infiltration rates in areas proposed for use as stormwater retention,
detention, or infiltration measures, shall be determined by a professional
engineer, registered sanitarian or certified soil scientist based
upon one or more soil observation holes dug in the location of the
proposed management measure.
(j)
Off-site areas shall be assessed based on their
"predeveloped condition" for computing the water quality volume (i.e.,
treatment of only on-site areas is required). However, if an off-site
area drains to a proposed BMP, flow from that area must be accounted
for in the sizing of a specific practice.
(k)
Off-site areas should be modeled as "present
condition" for peak-flow attenuation requirements.
(m)
The determination of flooding and channel erosion
impacts to receiving streams due to land development projects shall
be measured at each point of discharge from the development project,
and such determination shall include any runoff from the balance of
the watershed which also contributes to that point of discharge.
(n)
Stormwater management systems on new development sites shall be designed
to meet an average annual pollutant removal equivalent to 90% of the
average annual load of total suspended solids (TSS) related to the
total post-construction impervious area on the site and 60% of the
average annual load of total phosphorus (TP) related to the total
post-construction impervious surface area on the site. Average annual
pollutant removal requirements are achieved through one of the following
methods:
[1]
Installing BMPs that meet the pollutant removal percentages based
on calculations developed consistent with EPA Region 1’s BMP
Accounting and Tracking Tool (2016) or other BMP performance evaluation
tool provided by EPA Region 1, where available. If EPA Region 1 tools
do not address the planned or installed BMP performance, then any
federally or state-approved BMP design guidance or performance standards
(see State Stormwater Handbook and design guidance manuals) may be
used to calculate BMP performance; or
[2]
Retaining the volume of runoff equivalent to, or greater than, one
inch multiplied by the total post-construction impervious surface
area on the new development site; or
[3]
Meeting a combination of retention and treatment that achieves the
above standards.
(o)
Stormwater management systems on redevelopment sites shall be designed
to meet an average annual pollutant removal equivalent to 80% of the
average annual post-construction load of total suspended solids (TSS)
related to the total post-construction impervious area on the site
AND 50% of the average annual load of total phosphorus (TP) related
to the total post-construction impervious surface area on the site.
Annual pollutant removal requirements are achieved through one of
the following methods:
[1]
Installing BMPs that meet the pollutant removal percentages based
on calculations developed consistent with EPA Region 1’s BMP
Accounting and Tracking Tool (2016) or other BMP performance evaluation
tool provided by EPA Region 1, where available. If EPA Region 1 tools
do not address the planned or installed BMP performance, then any
federally or state-approved BMP design guidance or performance standards
(see State Stormwater Handbook and design guidance manuals) may be
used to calculate BMP performance; or
[2]
Retaining the volume of runoff equivalent to, or greater than, 0.8
inch multiplied by the total post-construction impervious surface
area on the redeveloped site; or
[3]
Meeting a combination of retention and treatment that achieves the
above standards; or
[4]
On redevelopment sites, stormwater management systems may utilize
off-site mitigation that meets the above standards within the same
USGS HUC12 as the redevelopment site to meet the equivalent retention
or pollutant removal requirements.
(p)
All projects must implement, unless infeasible (see definition),
low-impact development (LID) site planning and design strategies in
order to reduce the discharge of stormwater from development sites.
(3)
Operation and management plan. The following minimum
requirements apply. At its sole discretion the Commission may relax
these requirements for small projects.
(a)
The name(s) of the owner(s) for all components
of the proposed project.
(b)
A map showing the location of all stormwater
management measures, including catch basins, manholes/access lids,
main, and stormwater devices.
(c)
The names and addresses of the person(s) responsible
for operation and maintenance.
(d)
The person(s) responsible for financing maintenance
and emergency repairs.
(e)
An inspection and maintenance schedule for all
stormwater management facilities, including routine and nonroutine
maintenance tasks to be performed.
(f)
A schedule for submitting written reports to
the Conservation Commission describing inspection results, recommendations,
and actions taken to ensure continued compliance with the Standards
and permit requirements. At a minimum, the applicant shall provide
for annual certification documenting the work that has been done over
the prior 12 months to properly operate and maintain the stormwater
control measures. The certification shall be signed by the person(s)
or authorized agent of the person(s) named in the permit as being
responsible for ongoing operation and management.
[Amended 6-17-2021; 8-5-2021]
(g)
Stormwater management easements in recordable
form shall be provided by the property owner(s) as necessary to ensure
access for facility inspections and maintenance. Stormwater management
easements are required for all areas used for off-site stormwater
control, unless a waiver is granted by the issuing authority. Easements
shall be recorded with the Essex South Registry of Deeds prior to
the preactivity meeting.
(h)
The owner(s) of the stormwater management system
must notify the Boxford Conservation Commission of changes in ownership.
(4)
Abutters' list. An abutters' list listing the owner
of any property that lies within 500 feet radially from any lot line
of the subject property, including owners of land directly opposite
on any public or private street or way including any in another municipality
or across a body of water (e.g., lakes, ponds, rivers, streams and
creeks). In the case of property that has frontage on a pond, abutters
shall include all those properties with frontage on the pond, or pond
association if in existence. The abutters' list must be certified
by the Boxford Tax Assessor's office.
(5)
Copies of the notice of intent submitted to the United
States EPA under the National Pollutant Discharge Elimination System
Construction General Permit, as well as a copy of the stormwater pollution
prevention plan (SWPPP).
(6)
Proof of delivery of a complete set of application
materials to the Superintendent of Public Works.
(7)
A filing fee of $200 per quarter acre of proposed
alteration.
D.
An applicant filing a permit application with the
Commission shall at the same time give written notification thereof,
by delivery in hand or certified mail, return receipt requested, to
all abutters. Said notification shall be at the applicant's expense,
and shall state where copies of the permit application may be examined
and obtained and shall state a brief description of the proposed work,
as well as the date, time and place of the public hearing. The Conservation
Office of the Town of Boxford will type said notice and provide it
to the applicant at time of permit filing. Proof of such notification,
with a copy of the notice mailed or delivered, shall be submitted
by the applicant to the Commission prior to the beginning of the public
hearing. Failure to provide proof of mailing shall be cause to delay
the opening the public hearing.
E.
The Conservation Office shall cause the notice of
public hearing to be published in a newspaper of general circulation
at least five days prior to the scheduled public hearing. The cost
of publishing this notice shall be borne by the applicant.
F.
The Commission may require the applicant to file a
performance bond or a deposit of money in an amount determined by
the Commission to be sufficient to cover the cost of all or any part
of the site alterations, monitoring, and maintenance specified in
the permit and/or shown on the plans approved by the Commission. Bond
amounts will be set so that funds will be adequate to comply with
the order of conditions, repair damage to wetlands and to permanently
stabilize the work site and all soils. Bonds shall be determined on
a site-by-site basis. Bonds shall be funded prior to work commencing.
G.
Review of materials. The Commission will not accept
any material from the applicant or his representative intended for
discussion at subsequent meetings/hearings less than seven calendar
days prior to that scheduled meeting/hearing. Late filed materials
shall be excluded from the record and shall be considered irrelevant
to the decision. However, the Commission reserves the right on a case-by-case
basis to grant a waiver to this requirement. All public materials
received or produced by the Conservation Commission pertinent to a
permit application shall be placed in the applicable public file folder,
and shall be available to the public for viewing at the Conservation
Commission's office during regular business hours. Upon request, said
materials will also be copied and provided by the Commission for a
fee in accordance with the public records law, MGL 66, § 10,
and its regulations at 950 CMR 32.00 et seq., as they may be amended
from time to time.
H.
Public meeting and hearing procedures. The Conservation
Commission shall comply fully with the Open Meeting Law, MGL c. 39,
§ 23. In addition, the Commission shall comply with the
following procedures:
(1)
Presentation of materials after the close of a public
hearing. After the close of a public hearing, no materials pertinent
to a decision on a permit application may be submitted to or received
by the Conservation Commission, with the following exception: Commission
members may distribute documents to the Commission that they have
produced which summarize all or part of the public information that
was presented at prior public hearings or is contained in the Commission's
public files. Said documents may also express a Commission member's
opinions. No information shall be distributed or presented that constitutes
new information, defined as substantive information concerning the
project not previously presented at a public hearing or contained
in the Commission's public files. A Commission member's opinions shall
not constitute new information.
(2)
Review and execution of stormwater management permits.
After the close of a public hearing, the Conservation Commission will
discuss one or more draft stormwater management permits for possible
approval. Approval consists of a successful motion to approve the
order, and the signatures of a majority of the Commission. Review
and approval will take place at a public meeting, held either at the
same meeting that the public hearing was closed, or at a subsequent
meeting.
I.
No work proposed in any stormwater management permit
shall be undertaken until the permit issued by the Commission with
respect to such work has been recorded in the Registry of Deeds or,
if the land affected is registered land, in the registry section of
the Land Court for the district wherein the land lies and until the
holder of the permit certifies in writing to the Commission that the
permit has been recorded.
J.
Project completion. A stormwater management certificate of compliance
(SMCOC) is required for completion of all major stormwater management
permits and for minor permits if required as a permit condition. Upon
completion of the work and before an SMCOC is issued, the applicant
shall submit as-built plans detailing the actual stormwater management
systems, structures and devices as installed. As-built plans shall
be stamped by a registered professional engineer (P.E.) indicating
that the work has been completed in accordance with the conditions
of the approved permit. Any discrepancies should be noted in a report
to accompany the plans.
[Added 6-17-2021]
[Added 6-17-2021[1]]
A.
Preconstruction
inspection. The Conservation Commission may require a preconstruction
meeting prior to starting clearing, excavation, construction or land-disturbing
activity by the applicant. The applicant’s technical representative,
the general contractor, or any other person with authority to make
changes to the project shall meet with the Conservation Commission
or its representative to review construction sequencing and the permitted
plans and their implementation.
B.
Construction
inspections. The Conservation Commission or its designated agents
shall be granted the right to enter the property at reasonable times
and in reasonable manner for the purpose of inspections. The project
site may be inspected at the following stages:
(1)
Initial
site inspection: An inspection may be made of erosion and sedimentation
controls and signage prior to any land disturbance to assess overall
effectiveness and functioning to protect resources.
(2)
Stormwater
management system inspection: An inspection may be made of the excavation
for the stormwater management system to ensure adequate separation
of the stormwater system from groundwater and presence of approved
soil type.
(3)
Stormwater
management system inspection: An inspection may be made of the completed
stormwater management system, prior to backfilling of any underground
drainage or stormwater conveyance structures.
(4)
The
applicant shall also notify the Conservation Commission at least two
working days prior to the following events to allow for inspection:
C.
Applicant
inspections. The Conservation Commission may require the submission
of periodic inspections and reporting by the applicant as dictated
by site conditions. Inspections must be completed by qualified persons
as approved by the Conservation Commission or its representative.
Reports may be required prior to and following anticipated storm events.
The purpose of such inspections will be to determine the overall effectiveness
of the erosion and sedimentation control plan and the need for maintenance
or additional control measures
An applicant wishing to amend a valid stormwater management permit may submit a written request for an amendment, along with an amendment fee of $100, an updated abutters list certified by the Town of Boxford Assessor's Office, and any plans, narrative or other materials necessary to describe the requested amendment. All requests for amendment shall contain eight sets of any information submitted, including a signed original set. A copy shall also be provided by the applicant to the Superintendent of Public Works. The requirements and procedures described in § 295-5D through I shall also apply to requests for amendments.
The application and permit required by the bylaw
shall not be required for emergency projects necessary for the protection
of the health and safety of the public, provided that the work is
to be performed by or has been ordered to be performed by an agency
of the commonwealth or political subdivision thereof; provided that
advance notice, oral or written, has been given to the Commission
prior to commencement of work or within 24 hours after commencement;
provided that the Commission or its agent certifies the work as an
emergency project; provided that the work is performed only for the
time and place certified by the Commission for the limited purposes
necessary to abate the emergency; and provided that within 21 days
of commencement of an emergency project a permit application shall
be filed with the Commission for review as provided in the bylaw.
Upon failure to meet these and other requirements of the Commission,
the Commission may, after notice and a public hearing, revoke or modify
an emergency project approval and order restoration and mitigation
measures.
A.
The Commission, its agents, officers, and employees
shall have authority to enter upon privately owned land for the purpose
of performing their duties under this regulation and may make or cause
to be made such examinations, surveys, or sampling as the Commission
deems necessary, subject to the constitutions and laws of the United
States and the commonwealth.
B.
The Commission shall have authority to enforce the
bylaw, its regulations and permits issued thereunder by violation
notices, enforcement orders, and civil and criminal court actions.
C.
Upon a request of a majority of the Commission, the
Select Board and the Town Counsel may take legal action for enforcement
under civil law. Upon the request of a majority of the Commission
to the Select Board and the approval thereof, the Chief of Police
shall take legal action for enforcement under criminal law.
[Amended 9-12-2020 ATM by Art. 19]
D.
Municipal boards and officers, including any police
officer or other officer having police powers, shall have authority
to assist the Commission in the enforcement of the bylaw.
E.
Any person who violates any provision of the bylaw
or regulations thereunder, or any permits, enforcement order or violation
notice of the Commission or of the Conservation Administrator issued
thereunder, shall be punished by a fine of not more than $300. Each
day or portion thereof during which a violation continues, or unauthorized
fill or other alteration remains in place, shall constitute a separate
offense, and each provision of the bylaw regulations or permit, enforcement
order or violation notice violated shall constitute a separate offense.
F.
As an alternative to criminal prosecution in a specific case, the Commission may issue citations under the noncriminal disposition procedure set forth in MGL § 40, § 21D, as set forth in Chapter 1 of the General Bylaws.
G.
The specific penalties as listed here shall apply,
and in addition to police officers, who shall in all cases be considered
enforcing persons for the purpose of this provision, the municipal
personnel listed shall also be enforcing persons for such penalties.
Each day on which any violation exists shall be deemed to be a separate
offense.
|
Unauthorized Activity Subject to the Stormwater
Management Bylaw and Regulations
|
Noncompliance with a Stormwater Management
Permit, Enforcement Order or Violation Notice
| ||
|---|---|---|---|
|
First offense
|
$100
|
$200
| |
|
Second offense
|
$200
|
$300
| |
|
Third offense(and any subsequent offense)
|
$300
|
$300
|
H.
Municipal personnel authorized: Commission members,
administrator or agent.
The invalidity of any section or provision of
the Bylaw or these Regulations shall not invalidate any other section
or provision thereof, nor shall it invalidate any order, certificate,
or determination which previously has been issued.
