text:
Brian C. Levey,
blevey@bdlaw.com
Legal Administrative Assistant:Misty Sahagian
msahagian@bdlaw.com
June 2018Newsletter
Massachusetts Environmental and Land Use Alert
Beveridge & DiamondMarc Goldstein, Jeanine Grachuk, Heidi Knight, Brian Levey, Steve Richmond, Brook Detterman, Dylan King
Massachusetts Environmental Developments
SJC Clarifies Statute of Limitations for Contaminated Property Damage Claims but Raises Questions of Application
Plaintiffs with property damage claims under the Massachusetts cleanup law have more time to bring their claim than might be expected under the three-year statute of limitations according to a recent ruling by the top Massachusetts court. The Supreme Judicial Court ruled that the statute of limitations begins running when the plaintiff knows that there is damage to the property that is "permanent" and who is responsible for the damage, pointing to the phases of investigation and remediation in Massachusetts' regulatory scheme as signposts for when a plaintiff should have that knowledge. Grand Manor Condominium Assoc. v. City of Lowell, 478 Mass. 682 (2018). However, the Court left considerable uncertainty about when the statute of limitations might begin for arguably more temporary property damages such as lost rent.
In this case, the City of Lowell owned property that it used first as a quarry and then as a landfill in the 1940s and 50s before selling the property in the 1980s to a developer. The developer constructed a condominium project on the site and created a condominium association soon thereafter. As part of work to install a new drainage system in 2008, the contractor discovered discolored soil and debris in the ground. Subsequent sampling indicated that the soil was contaminated and that a release of hazardous materials had occurred. The condo association investigated in early 2009, and MassDEP issued notices of responsibility to both the condo association as well as the city in May 2009. The city assumed responsibility for the cleanup and worked the site through the state regulatory process known as the Massachusetts Contingency Plan (MCP). In the city's MCP Phase II and III reports in June 2012, it concluded that the contamination was from the city's landfill operations, that it would not be feasible to clean up the contamination, and proposed a pavement cap and a deed restriction.
The condo association and many of its members filed suit in October 2012 for response costs under Chapter 21E, § 4 and damage to their property under G.L. c. 21E, § 5(a)(iii). At trial, the jury awarded the plaintiffs' response costs under Section 4 but found that the plaintiffs had failed to prove that their property damage claim was brought within the three-year statute of limitations for such claims under G.L. c. 21E, § 11A. The Supreme Judicial Court took the case on direct appellate review.
Section 11A provides that an action to recover damage to real property "be commenced within three years after the date that the person seeking recovery first suffers the damage or within three years after the date the person seeking recovery of such damage discovers or reasonably should have discovered that the person against whom the action is being brought is a person liable…" Quoting Taygeta Corp. v. Varian Assocs., Inc., 436 Mass. 217, 226 (2002), the Court summarized this as a requirement that the claim must be brought within three years of when the plaintiff "discovers or reasonably should have discovered the damage and the cause of the damage."
The Court quickly agreed that "the damage" referred to in Section 11A was, for these purposes, the property damages of Section 5 and moved on to the plaintiffs' contention that the limitations period should not run until they discovered or reasonably should have discovered that the damage was "permanent" or, in other words, not reasonably curable. Until that time, they argued, they could not know if they had a property damage claim because the site could be fully remediated.
The Court examined the application of the statute of limitations in the context of the statutory scheme for investigating and remediating sites in Massachusetts. The Court found that the primary purpose of Chapter 21E is to clean up environmental contamination and to ensure responsible parties pay for the costs of that cleanup. As a result, the statute prioritizes "performance and financing of cleanup efforts, and then considers the calculation of property damage that cannot be cured by remediation and remediation cost recovery."
In interpreting the statute of limitations, the Court crystallized the question as "whether the word 'damage' in § 11A(4) refers specifically to damage under § 5, that is, damage that cannot be cured and compensated by the cleanup and cleanup cost recovery processes defined by the MCP and §§ 4 and 4A, such that the limitations period does not begin to run until the plaintiff knows there is residual damage not subject to remediation and compensation." In order to have knowledge that a plaintiff has suffered damage that is not curable by the MCP remediation process, the MCP process must have run sufficiently to know that § 5 damages exist – that there is contamination that will not be addressed through remediation leaving the property at a diminished value. Since the liable party is required to determine the extent of the damage in Phase II and evaluate available remedies in Phase III of the MCP, as the Court noted, "[i]t would make little sense to require the plaintiff to independently determine whether residual property damage exists prior to the completion of these reports." As a result, the Court concluded that the statute of limitations did not start to run until the plaintiff became aware that the site would not be fully remediated in Phase II and III reports in June 2012 months before they filed their lawsuit. Exactly what constitutes full remediation remains to explored in further cases, as the range of outcomes from achieving background conditions, implementing deed restrictions, reaching temporary solutions, or even leaving just a few molecules of contamination left behind could impact this analysis.
The Court contended that this interpretation of the statute of limitations provides a "prescribed and predictable period of time" within which claims would be time-barred, given that there are timetables associated with the production and submission of MCP Phase II and III reports. Under normal circumstances, the Court expected that a plaintiff will know it has a claim within five years of notifying MassDEP of contamination.
Despite the Court's pronouncement that it had provided predictability for these types of claims, the statute of limitations for non-permanent property damages, such as lost rental value, or for sites where there is a long-term temporary solution in place, remain uncertain. Lawyers and clients evaluating how and when to bring claims for temporary and permanent damages will need to carefully evaluate a range of potential options in pursuing a preferred single case for property damage without the unacceptable risk that an uncertain statute of limitation may have run.
Nonprofit Universities Eligibility for Brownfields Tax Credits, Massachusetts Appeals Court Confirms
Nonprofits are eligible for transferrable Brownfields tax credits for remediation conducted prior to 2006 according to a recent ruling by the Massachusetts Appeals Court. As we previously reported in March 2016, the Massachusetts Department of Revenue issued guidance in November 2013 declaring that nonprofit organizations are not entitled to receive credit for Brownfields cleanups completed in a taxable year that began before June 24, 2006. This guidance was challenged by several universities and a real estate developer, and in 2015, the Superior Court declared that the DOR overreached and the directive was invalid. DOR appealed. In its decision in Northeastern University v. Comm'r of Revenue, 92 Mass.App.Ct. 1120 (Mass.App.Ct. 2017), the Appeals Court affirmed the Superior Court's decision based on the clear language of the statute. A motion for further appellate review has been filed with the top Massachusetts court.
The brownfields tax credit program was created in 1998 to allow eligible taxpayers to receive a tax credit if they pursue an environmental response action and achieve either a permanent solution or remedy operation status under the state cleanup law, M.G.L. c. 21E. The credit applies only to costs incurred on or after August 1, 1998. In 2006, the legislature expanded the program to nonprofit organizations and, as they are not taxpayers, allowed the credit to be transferred. From 2006 to 2013, DOR allowed nonprofits to benefit from the tax credit for work performed from August 1, 1998. Then in November 2013, DOR issued Directive 13-4: Guidance with Respect to Brownfields Tax Credit Applications, in which it stated that nonprofits were not entitled to receive the credit for a response action completed in a taxable year that began before the June 24, 2006 amendments.
A redevelopment company and several universities challenged determinations made by DOR to deny brownfields tax credits for remediation projects completed prior to 2006. 131 Willow Ave., LLC v. Commissioner of Revenue, 33 Mass.L.Rptr. 49 (2015). In making these determinations, DOR had relied on the language of the Directive 13-4. That court held that the plain language of the statute is unambiguous and does not contain any exclusion for nonprofits as to whether the environmental cleanup is completed before or after the 2006 amendment, and therefore the Directive is "unreasonable and DOR's denial of the applications based on that directive was unlawful." The Appeals Court affirmed the Superior Court's ruling.
Interestingly, the directive remains on the DOR's website as apparently valid guidance. Nonprofits should be aware that the directive has been ruled unlawful subject to the pending appeal, and should follow the appeal carefully.
MassDEP Issues Air Rule
Culminating a two-year rule promulgation process, MassDEP has issued a final rule amendment package that makes adjustments to numerous provisions of the Massachusetts air regulations. The announced purpose of this package was to streamline the rules and reduce unnecessary regulatory burdens pursuant to Governor Baker's Executive Order 562 and to adopt changes to various provisions to make them more consistent with the federal rules.
The following is a brief summary of a few of the more notable changes in the amendment package:
GHG Permitting: MassDEP has:
Adopted a permitting threshold of 75,000 tons per year (TPY) of potential emissions of greenhouse gases (GHGs) on a carbon dioxide equivalency basis (CO2e).
Clarified that triggering GHG emissions will require an application for a Comprehensive Plan Approval (CPA).
Provided that the 100 TPY emissions threshold for the requirement to obtain an operating permit excludes consideration of GHG emissions.
Clarified that regulated GHGs include the same group of six gases that are regulated under the US EPA's GHG reporting rule, 40 CFR Part 98.
RACT Requirements: MassDEP has updated its RACT requirements to impose requirements on certain VOC and NOx sources consistent with EPA's Control Techniques Guidelines. These requirements will phase in over two years and will affect VOC sources in the coating, printing, and cleaning sectors and also those engaged in solvent cleaning, and will affect NOx sources specific to certain boilers, turbines, and engines at major stationary sources.
Engines and Turbines: MassDEP has revised its stationary engines and turbines rules to more closely align with EPA's engine rules (NSPS Subparts IIII and JJJJ and the RICE MACT Rule, Subpart ZZZZ). MassDEP's rules generally rely on a self-certification program similar to permit-by-rule programs implemented in other states. The rule revisions clarify that where engines do not meet the self-certification requirements, a plan approval may be sought, whether for emergency or non-emergency engines. Changes include:
The addition of a 100 hr/yr operational allowance for emergency engines to conduct maintenance and readiness checks.
An allowance for 50 hrs/yr (out of the 100 hours) for operations in non-emergency situations.
Authorization to operate such sources for an unlimited period during periods of a power outage or when there is an imminent threat of a power outage.
Public Comment: In order to comply with EPA rules for minor new source review permitting, MassDEP has adopted a 30-day public comment period for all comprehensive plan approval applications and a small subset of limited plan approval applications (those which involve a facility that meets or exceeds a MEPA review threshold for emissions of criteria or hazardous air pollutants). The new rule provision requires for each qualifying application a 30-day comment period, the posting on a web site of notice of availability of a proposed decision and the actual proposed decision along with instructions on how to submit comments and access the administrative record, and the provision of the notice of availability to EPA.
Under Title I, Section 110, of the federal Clean Air Act, states must submit portions of their air rules to EPA to demonstrate how they will attain and/or maintain the air quality in their regions. EPA reviews and approves these plans, known as state implementation plans or SIPs, and EPA then has the right to enforce those rules that it has approved under its authority in the Clean Air Act. As EPA made clear in comments it submitted to MassDEP on the proposed rule amendment package, there has been a substantial lag in the Massachusetts SIP submittal and approval process, and as a result MassDEP is now making changes to portions of its rules that in some instances were SIP approved but in other instances were never submitted for SIP approval.
The practical difficulties that this lag in updating the SIP presents to the regulated community are significant. EPA has the right to enforce those state rules that have been approved in the SIP, whether or not those rules have been subsequently amended or voided at the state level. EPA can, and periodically does, pursue enforcement actions that are based on old SIP language after a state has amended those rules and they are no longer in effect. EPA also ignores newer state rules that are not SIP approved when it enforces federal or SIP-approved requirements, on the basis that it does not consider state rules to be federally enforceable unless a SIP approval has been issued that covers the newer rules. Therefore, where SIP language does not reflect current state rules, the regulated community often needs to comply with both current state rules for purposes of state compliance and old outdated state rules for purposes of federal compliance. And in some instances, regulated entities need to ignore current state rules in order to ensure compliance with federal requirements.
If this sounds completely absurd, it is. The problem was created by the cumbersome SIP process adopted by Congress in the federal Clean Air Act, and SIP updating often falls low on the priority list of current agencies and EPA regions. This can be a real problem for many regulated entities. To limit the difficulties created by the current outdated Massachusetts SIP, DEP should make every effort to very quickly submit SIP revisions to EPA New England so that its current rules are fully accounted for, and EPA New England should then quickly approve those revisions.
Standardizing Assessment of Natural Resource Damages: Massachusetts Is Taking the First Step
MassDEP is developing a standard methodology for assessing natural resource damages for small to medium oil spills to surface water that will be incorporated into forthcoming regulations, which will require persons responsible for these spills to pay the assessed natural resource damages, above and beyond cleaning up the spill. MassDEP is expected to expand the standard assessment to include spills of hazardous materials and spills to groundwater. MassDEP plans to pool these funds to improve watersheds that have been harmed by releases of oil or hazardous materials.
In the current program, the Commonwealth negotiates individually with responsible parties to assess natural resource damages for larger spills. These assessments, which are negotiated in tandem with federal trustees and tribal trustees when federal laws such as the Oil Pollution Act are implicated, involve significant administrative costs. Undertaking case-by-case assessments is not feasible for every spill due to these costs. By developing a standard methodology, MassDEP hopes to recover damages from smaller sites. If implemented, the standard assessment would be used for oil spill volumes of greater than 10 gallons but less than 10,000 gallons.
MassDEP's presentation materials explain the proposed standard methodology for small to medium oil spills to surface water. Factors in the assessment method include the type of oil, the area of surface water or wetlands impacted by the spill, and the duration of the impact. It also accounts for the value of the type of habitat harmed the acreage of similar habitat that would need to be replicated in order to replace the value of the habitat lost, a factor to account for program costs, and inflation. Notably, the amount of oil released is not part of the assessment. Based on this methodology, and using data from spills between 2009 and 2017, MassDEP estimates that approximately 67% of small to medium oil spills would result in assessments less than $5,000.
If Massachusetts continues this initiative, it will join Washington and Florida as states with streamlined assessment tools for natural resource damages. In Washington, unless an individualized assessment is done, compensation tables are used to determine the amount of damages per dollar of oil released to a water of the state based on the toxicity of the oil released and the environmental sensitivity of the resource. For spills less than 1,000 gallons, the damages range from $1 to $100 per gallon; for larger spills, the range is $3 to $300 per gallon spilled. Florida by statute has created a compensation schedule which applies to releases of oil that cause harm to a natural resource, which is used in all cases unless a responsible party is not identified, the responsible party opts out and requests a case-by-case analysis, or a cooperative assessment is conducted with federal agencies. The compensation schedule takes into account the volume of the release, the characteristics of the pollutant discharged, and the type and sensitivity of the resource harmed.
If MassDEP develops and implements this standard methodology, it will close a gap in its current program by addressing the harm to natural resources caused by smaller releases of oil or hazardous material. However, there remain significant questions about this new program, including who will pay the assessed natural resource damages for a site where the remediation is being conducted by an "eligible person" or another party without liability for the underlying release. Further, it will increase the costs of resolving liability at these sites, which could deter the redevelopment of Brownfields.
Massachusetts Land Use Developments
"Frivolous" Town Complaint Results in Attorney's Fees Award for Affordable Housing Developer Judge Finds that None of the Issues Raised by Town Were a "Close Call"
The Massachusetts Land Court's recent award of attorney's fees to an affordable housing developer serves as a warning to municipalities opposed to affordable housing projects under the Massachusetts affordable housing statute, M.G.L. c. 40B. In Town of Sudbury v. Bartlett, et al., Land Court Case No. 16 MISC 000734 (2017), the Town sought to block the development of property that it had sold to the developer, arguing that the parcel was subject to a deed restriction. The Land Court rejected this argument and sided with the developer in a decision on cross-motion for summary judgment. The developer filed a subsequent motion to recover attorney's fees under M.G.L. c. 231, § 6F.
The Section 6F motion required the judge to determine, in part, if the Town's claims in the underlying action were "wholly insubstantial, frivolous and not advanced in good faith." The developer claimed that "the Town advanced claims that it knew or should have known were without merit, and that it did so in an attempt . . . to use any means available to stop the G.L. c. 40B development." After reviewing the facts, Land Court Judge Howard P. Speicher made plain that he "did not find any of the… issues raised by the Town to present anything resembling a close call." When the Town argued that reference to an approved subdivision plan in the deed is tantamount to a restrictive covenant, the Judge called it a "dangerous and farfetched proposition." The Town's contention that an equitable servitude can be imposed by "circumstances to be deduced from other evidence, including statements at public hearings" met a similar fate: the Judge found that this claim is "not supported by any statutory or case law . . . [and] is antithetical to our jurisprudence . . . ."
As required for an award of attorney's fees under Chapter 231, § 6F, the Court also found that the offending party operated with an absence of good faith. Massachusetts case law supports a finding of the absence of good faith where there is evidence that municipal claims against a Chapter 40B developer are brought with the intention of delaying or preventing low or moderate incoming housing projects. Here, the Court found undisputed factual evidence in the minutes of town meetings and correspondence that the Town was aware prior to filing its complaint that the parcel was not subject to any deed restrictions or covenants. The record also demonstrated a desire by the Town to file the complaint to merely block the proposed development. At one point in the process, a member of the Board of Selectmen said to the Developer, "that type of a project will bring the riff-raff into the center of town . . . you know, riff-raff like they have in West Virginia, with people that will be working on their cars in the front yards, hanging laundry on their laundry lines, and leaving a mess outside."
Finding that the Town had run afoul of Section 6F, the Land Court ordered the Town to pay the Developer more than $75,000 for attorney's fees incurred in fighting the Town's frivolous complaint. The Town of Sudbury serves as a harsh reminder for opponents of Chapter 40B projects that legal challenges must be based on substantive issues and cannot be a mere pretext for delaying or blocking an unpopular development.
National Developments
If it isn't already, water should be on your mind this year. The excitement of Scituate storm surge and coastal flooding aside, the region – and the U.S. as a whole – is facing a slew of legal developments that may change how citizens, businesses, and governments operate under the federal Clean Water Act and similar state programs. In particular, the scope of Clean Water Act jurisdiction is in play following a pair of Supreme Court decisions, as is the potential delegation of permitting authority to Massachusetts and New Hampshire, two of only four states in which the EPA administers permitting under the National Pollutant Discharge Elimination System (NPDES).
Clean Water Act Jurisdiction
Since well before Samuel Taylor Coleridge penned those famous lines in the Rime of the Ancient Mariner – "Water, water, everywhere, / Nor any drop to drink" – people have worried about access to clean water. It makes sense, then, that the Clean Water Act is one of our oldest environmental laws, with its origins in the Rivers and Harbors Act of 1899. The Rivers and Harbors Act – the nation's very first environmental law – imposed the first "dredge and fill" requirements, made it illegal to dam rivers without federal approval, and prohibited the discharge of "any refuse matter of any kind or description" into "any navigable water of the United States, or into any tributary of any navigable water."
The Federal Water Pollution Control Act of 1948, with major amendments in 1961, 1966, 1970, 1972, 1977, and 1987, largely superseded the Rivers and Harbors Act and resulted in what we know today as the federal Clean Water Act (CWA). And although today's statute is very different from its 1899 precursor, one thing has remained constant: an intense and lasting fight over the scope and jurisdiction of federal regulation. Federal CWA jurisdiction is premised on the Commerce Clause of the U.S. Constitution, and prohibits (without a permit) "dredge and fill" activities and the discharge of pollutants into "navigable waters," which the CWA defines as "the waters of the United States." But what, exactly, are "waters of the United States"?
The 1870 Supreme Court decision in The Daniel Ball held that waterways were subject to federal jurisdiction if they were "navigable in fact." But what has never been clear is the extent to which non-navigable waters, like certain tributaries to navigable waters or wetlands, constitute "waters of the United States" such that they are subject to federal regulation.
The Supreme Court Punts (Again)
The 2006 Supreme Court decision in Rapanos v. United States represented a key turning point in CWA jurisdiction, holding that certain remote wetlands are not subject to CWA jurisdiction. But the decision was badly fractured, with no majority of justices agreeing on a single standard for determining what, exactly, constitute "waters of the United States" such that the CWA applies. Minor chaos ensued, as regulators and courts applied varying interpretations of Rapanos in permitting decisions and enforcement actions.
In 2015, the Obama administration attempted to clarify the scope of CWA jurisdiction by promulgating a rule known as the "Waters of the United States" (WOTUS) rule that attempted to define exactly which waters were regulated by the CWA. That rule, which was based on Justice Anthony Kennedy's "significant nexus" test in the Rapanos decision, was quickly challenged by 31 states, numerous industries, and landowner groups. At the bottom, challengers argued that the WOTUS rule represented significant federal overreach and extended CWA jurisdiction well beyond what the Commerce Clause allows. The numerous appeals were consolidated into a single Sixth Circuit case, National Association of Manufacturers v. Department of Defense (NAM), and in late 2015 the Sixth Circuit stayed the WOTUS rule pending resolution of legal challenges.
But on January 22, 2018, the Supreme Court unanimously held that federal District Courts – not appellate courts – have jurisdiction over challenges to the WOTUS rule. While the CWA generally requires challenges to CWA rules to be brought in district courts, there are seven situations where courts of appeal have jurisdiction. In this case, the government argued that the challenge should be heard in the courts of appeal, under CWA Sections 1369(b)(1)(E)-(F) which allow appellate courts to hear cases related to the approval of certain effluent limits or permits, respectively. Petitioners, on the other hand, maintained that the case should be heard in federal district court in the first instance. In a procedural victory for the petitioners, the Supreme Court held that the WOTUS rule does not qualify for direct appellate review under CWA Sections 1369(b)(1)(E)-(F). Following this decision, future challenges to the WOTUS rule will be brought in federal district courts, potentially with divergent outcomes around the country. Appeals of those decisions will move to the courts of appeals, where there is yet again the possibility for inconsistency. The upshot is a longer litigation timeline – and continued jurisdictional uncertainty – before the Supreme Court will have another chance to address the appropriate scope of CWA jurisdiction.
In the meantime, the Trump administration is working on a replacement rule for the WOTUS rule that is likely to apply the less expansive jurisdictional test described by Justice Antonin Scalia in Rapanos. Under that interpretation, only tributaries that are "relatively permanent, standing or flowing bodies of water," and only wetlands with a continuous surface connection to a "water of the United States" are themselves "waters of the United States" subject to CWA jurisdiction. And on February 6, 2018, EPA and the Army Corps of Engineers promulgated a rule delaying implementation of the WOTUS rule until February 2020. That action preserves the Rapanos status quo (such as it is) until EPA can craft a new rule. Ultimately, it is likely that any WOTUS replacement rule will be challenged, and the Supreme Court will then have a chance to revisit its decision in Rapanos and redefine federal jurisdiction under the CWA, a process that could easily extend past 2020.
Defer Much?
On February 26, 2018, the Supreme Court weighed in again on the Clean Water Act, this time by refusing to take up a challenge to a 2017 decision by the Second Circuit that upheld a 2008 EPA rule exempting water transfers from CWA permitting requirements. Water transfers happen when water from one waterbody is diverted into another waterbody, such as diverting a stream into a nearby lake or reservoir. Drinking water systems have conducted water transfers for decades, and EPA has never required NPDES permitting for such transfers. But in 2008, in response to pressure by environmental groups to require NPDES permits for water transfers, EPA adopted the Water Transfers Rule expressly exempting such transfers from NPDES permitting.
Environmentalists and states challenged the Water Transfers Rule, arguing that moving water from one waterbody to another requires a permit if the "donor" water contains pollutants that would have the effect of degrading the receiving water. Both the Obama and Trump administrations defended the rule, arguing that it preserved long-standing practice and was justified by EPA's ability to interpret CWA requirements. Ultimately, the Second Circuit deferred to EPA and allowed the rule to stand. In turn, the February 26 decision by the Supreme Court allows the Second Circuit decision to stand, thereby affirming the validity of the Water Transfers Rule. The case was widely seen as a test for Justice Neil Gorsuch, who has expressed hostility to the deference doctrine and EPA regulations alike. By declining to hear the case, the Court has deferred that test for another day.
Who's in Charge?
Under a process known as "delegation," states may assume permitting and other authority under the CWA. To-date, 46 states have received such delegation from EPA, and all but Massachusetts, New Hampshire, Idaho, and New Mexico now administer their own NPDES permitting programs. In the absence of delegation, EPA manages the Clean Water Act and NPDES program in those four states, which often overlap and may duplicate separate state law requirements.
New Hampshire is currently evaluating whether to seek CWA delegation from EPA and has established a legislative commission to explore its options. And as we have previously reported, Massachusetts has explored CWA delegation in the past, but those efforts largely fizzled out. But both of these efforts may have new life: the EPA, under Administrator Pruitt, is very focused on "cooperative federalism" and with EPA seeking to slash its budgets, CWA delegation is likely on EPA's radar as an action item over the next several years. And, in late 2017, MassDEP Commissioner Martin Suuberg expressed strong support for CWA delegation, as has Governor Baker. Whether delegation will become a reality for Massachusetts or New Hampshire is anyone's guess, but regardless of the outcome 2018 is shaping up to be an interesting year for water law.
For the First Time, EPA Proposes to Add a Site to the National Priorities List Solely Based on the Risk Posed by Vapor Intrusion
EPA has proposed to add the Rockwell International Wheel & Trim Site in Grenada, Mississippi to the National Priorities List, the first site added based solely on the risk to human health from vapor intrusion from subsurface contamination, which impacts indoor air quality.
The National Priorities List is designed to identify the contaminated sites that pose the highest risk to human health or the environment so that EPA can focus its efforts on these sites. The primary mechanism for listing a site on the National Priorities List is a score above 28.5 on the Hazard Ranking System (HRS). The HRS is a scoring system used to quantify the risk posed by a site in a way that can be compared to other sites. The types of risks that previously have been quantified in the HRS are exposures to contaminated soil, surface water, groundwater, and ambient air. Effective May 2017, this list was expanded by adding the risk of exposure to indoor air impacted by a subsurface intrusion. In the final rule adding subsurface intrusion to the HRS, EPA stated: "Without an evaluation of threats posed by subsurface intrusion contamination, the HRS is not a complete assessment because it omits a known pathway of human exposure to contamination."
The Rockwell site was the location of a chrome plating facility from 1966 to the early 2000s and is currently the location of a metal stamping operation. Based on the site narrative, wastes containing trichloroethylene (TCE), toluene, and metals such as chrome were released to a wetland adjacent to a creek, to surface water via an outfall ditch, and to a sludge lagoon. TCE is a volatile organic compound (VOC), which means that it will move into the air under normal conditions; as a result, it can move from groundwater or soil to soil vapor and then to the indoor air of a building. TCE is present at the Rockwell site in indoor air in the still-active manufacturing facility.
The HRS score for the Rockwell site is 50 based solely on subsurface intrusion, which is well above the threshold for a listing of 28.5. The site's HRS score is based largely on the results of indoor air sampling that show TCE and other VOCs in indoor air in the manufacturing facility on-site, which is occupied by employees 24 hours a day, 7 days a week. While there are contaminants in other media, including the presence of VOCs in surface water at levels that caused the state agency to issue a no-contact order, and VOCs and chromium contamination in groundwater, these were not included in the HRS score.
It is not clear to what extent the addition of vapor intrusion to the HRS score will increase the number of sites proposed for or added to the National Priorities List. However, potentially responsible parties should anticipate that vapor intrusion issues will continue to play a more prominent role in all phases of the Superfund program from listing decisions to investigation and cleanup to site closure.
Beveridge & Diamond's Municipal and State Governments industry group helps municipalities navigate the various federal and state regulations that govern their operations. We help guide municipalities through complex project development and permitting processes, interactions with the federal government, and environmental and natural resource litigation. For more information, please contact the authors.


'This anthology is the result of the collaboration with the mezzo-soprano Joyce DiDonato who had expressed the wish to record a CD with my ensemble Il Complesso Barocco. It should not just be another compilation of famous arias by Handel or Vivaldi, but a collection of pieces of quite different styles and from different epochs which are linked by a common superordinate topic. (...) I pointed out to her that there were plenty of wonderful arias and even entire solo scenes which had been sung on the Baroque stage both by female singers and castratos playing the parts of famous historical female rulers and heroines. By suggesting the title Drama Queens, she reduced the whole thing to a contemporary formula. Our idea was to cultivate extremes, to gather arias that show larger-than-life emotions.' -Alan Curtis.


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On Sondheim: An Opinionated Guide
by Ethan Mordden
Book Review by David Levy
In Passion, Fosca sings, "If you have no expectations, you can never have a disappointment." These are wise words to bring with you to Ethan Mordden's latest book, On Sondheim: An Opinionated Guide. Judging by its title, you might expect the book to provide a complete listing of Sondheim's output with the author's assessments of same, but it is oddly inadequate as both opinion and guide. The book immediately shirks its guide obligations by referring readers on the very first page to SondheimGuide.com (without a mention of Michael H. Hutchins, the man responsible for putting it together). It falls short in the opinion arena as well, offering far fewer than the title implies and hardly any that might register as controversial. And yet, taken on its own terms it offers pleasures for both the Sondheim expert and newbie alike.
Mordden knows his subject well, but he occasionally lets that get the better of him. Acknowledging in his preface that he generally did not consult other books on his subject in the writing of this one, he lets the occasional misstatement slip through. Mordden's prose style is characterized by an awkward combination of SAT words ("manumission," "equiponderant") and slang (relating an artistic disagreement as a "hard-on contest," or describing the opening scene of My Fair Lady as "an Instagram of the show's analysis of class"). A quick poll of acquaintances who have read other Mordden uncovers that this is a common quirk of his writing about musicals, and the percentage of those who hate it is fairly close to those who adore it.
This book is loosely divided into three sections: first providing some context for who Sondheim is and what the state of musical comedy was like before he began writing, then offering short essays on each of Sondheim's full-length musicals, and finally three chapters on Sondheim on film, in print, and on record. The first section looks at Sondheim's life, his career as a whole, and his relationship with mentors. Mordden's claims about Sondheim's worldview are exactly the kind of opinions one might hope to find in a book such as this: boldly stated and just original enough to provoke further conversation. His examination of the Rodgers & Hammerstein musical Allegro and the film Hangover Square, both often cited as early influences on Sondheim, is thoughtful and well argued.
The majority of the book is devoted to chapters about each of Sondheim's musicals, and here the rewards are somewhat less consistent. These essays range from four to eleven pages long, and while one can understand why the early, simplistic Saturday Night might merit less discussion than Company, it's disappointing to see Into the Woods and Assassins treated with similar brevity—particularly after calling Woods "perhaps the richest work of Sondheim's third period." These chapters are less formal essays than stream of consciousness musings, and many of them simply stop rather than conclude. Still, as I read the book, there were few that didn't make at least one assertion that whet my appetite to listen to or see the show again. It would not be hard to imagine a theatrical book club getting together for a weekly discussion using each of these chapters as a starting point.
The final segment of the book, focusing on films, books, and recordings, is the only that truly fulfills the promise of "an opinionated guide." Rather than simply catalog Sondheim's output in each of the categories, Mordden instead highlights the standouts with thoughtful commentary on why one might want to watch, read, or listen to each entry. Perhaps his best gift to the reader is his inclusion of books focusing on Sondheim's collaborators and mentors as well as recordings of music that influenced Sondheim's own compositions. Again, it's frustrating that he spends four pages on Allegro while almost entirely passing over A Little Night Music because he previously wrote about those recordings in an entirely different book. But if you've made it to the final chapter (in which this happens), you've already come to expect this sort of behavior.
In attempting to offer a book that might appeal to readers with any (or no) degree of familiarity with Sondheim's work, Mordden ended up with a product that should hardly be anyone's only book on Sondheim, but he's the first to admit that. It is, however, not a bad first book about Sondheim for those first starting to learn more. And even those who know Sondheim inside and out should find the book interesting enough to make you want to pull that recording of The Frogs off your shelf one more time. Which recording? Thankfully, Mordden has an opinion on that. (Even if I might disagree with it.)
Ethan Mordden
Official Publishing date: December 17, 2015
Hardcover and Kindle Edition available now at Amazon.
[ © 1997 - 2016 www.TalkinBroadway.com, Inc. ]

redpajama_set_name: RedPajamaCommonCrawl


The Force II X-Trail GT is engineered to serve a specific purpose and trusted to take on some of the toughest conditions with its enhanced set of features which have widened the Force's off-road capabilities.
The Force II X-Trail GT comes with a state-of-the-art battery management system which includes a BMPRO 35 Charger with a Digital Trek Display that monitors your battery and water tank levels from one easy to access display panel.
It doesn't end there! The Force II X-Trail GT comes standard with USB points through out and a 19" TV.
The Force II X-Trail GT is packed with premium features such as a spacious rear leather club lounge, queen island bed with inner spring mattress, separate shower and toilet, full oven, double bowl sink, 216Ltr Dometic fridge/freezer, swivel table and much more.


text:
The Choice of the Remedy
by C. V Boenninghausen
A useful article about The Choice of the Remedy.Full details about The Choice of the Remedy
Address delivered before the Meeting of the Homeopathic Physicians of Rhineland and Westphalia, at Dortmund, July 28, 1859.
The choice of the remedy in any concrete case of disease can not be made too carefully or too cautiously. No less in the healing art than in morals, the motto holds good : "Bonum ex omni parte, malum ex quorumque defectu." Many failures occur, especially with unpracticed beginners, because in examining the symptoms the one or the other was overlooked. Even with the older and more experienced homeopathic physicians, especially such as are very busy, such an occurrence occasionally takes place.
This cannot, however, prove either the insufficiency of Homeopathy in general nor the inadequacy of the small and rare doses, and the experienced practitioner, who always looks with suspicion on such excuses, will in such cases first of all subject the image of the disease which he has formed to a new revision, and look for the lack of his success in his medication first in this direction.
It is not, inndeed, my intention to offer anything new here to the practised and experienced physicians. But it does seem to me as if an incidental warning to such as are about to eneter on this field might not be altogether superflous, and I consider it on that account allowable to introduce a case that happened lately, and which will put what I desire to say into its proper light. I donot intend to speak here of curing merely by the name of the disease, the so called "Medicina nominalis", which is altogether a different matter, and which is still doing untold mischief, for such a treatment is very acme of irrartional and unconcionable routine, and warning against such a practise would justlt be considered an insult even by the youngest of our collegues.
Merchant Ph. M., thirty years of age, had caught a cold last winter while travelling; he didnot at first pay any attention to it, but the increasing ailment demanded medical assistance. Treatment by an allopath had remained without effect; in fact, during this treatment, lasting three months, nearly all the symptoms had grown considerably worse, so that now, as is so frequently done, the homeopath was called for aid. The following symptom formed the image of the disease:
For the last three or four weeks there has been a hollow, dry cough with hoarseness and much toughness in the larynx, most violent during night. Constriction of the chest with stitches in the left side while lying on that side. Internal heat, without thirst. Severe exhausting perspiration. Striking timidity. great drowsiness, but restless sleep, waking up frequently, while an internal anxiety prevents his going to sleep again. The face pale and collapsed, with a circumscribed redness of cheeks. Pressure in the stomach after eating especially after eating, especially after milk, often with vomiting, first of ingesta and then of gall. Augmented, watery urine. Extraordinary emaciation. He prefers warmth, and it agrees best with him. he feels better in moderate motion than in continuous rest. He had never been unwell much, and had never been actually sick He could take a deep breath without any trouble, and frequently he felt impelled thereto. I could not find out anything about the allopathic remedies which he had used.
After carful consideration and a protracted comparison of all the symptoms present with our matera medica, every homeopath will agree with me that Phosphorus seemed most indiacted of all the remedies, and this so decidedly that none of the other remedies could at all compare with it. I, therefore, felt no hesitation at all to give to my patient mu usual dose( ahigh potency) of this very efficient remedy, and to direct its administartion in the usual manner (dissolved in water), recommending to him the usual diet, and directing him to report to me in person in two weeks.
But I was cruelly and painfully disappointed when the patient after this period appeared before me, for he was not improved in any respect; on the contrary, his sickly appearance and the threatening redness of the cheeks had increased and the feverish symptoms had been suspiciously augmented. In the meantime the remedy had been used exactly according to my directions, and nothing had been overlooked either in diet or in his mode of life. What then had been the reason for my total failure? Under such circumstances the only reson could be the defective or incorrect examination of the symptoms, so I went over them again carefully, one by one. The mistake then appeared in the feverish symptoms, which were only superficially indiacted, and which in the patient had an unusual and, therfore, unrecognised form, which was at the same time very characteristic. For while sleeping he was suffering continually from a dry, burning heat, which on his waking up immediately passed into a very profuse pespiration, which continued without interruption while he was awake, until he fell asleep again, when at once the dry heat reappeared. Thus the conundrum was solved. This symtpom is found only in Sambucus, while in Phosphorus just the opposite is found. Since all the other symptoms coincided my patient recieved at once a dose of the high potency I usually employ, and the result was then so complete that in two weeks he was freed from all his ailments and felt as well as ever before.
Selection of a Remedy – A Serious Choice Care is needed in selecting a remedy in a case where there is no room for error....
The Examination of the Patient for the Choice of the Remedy Dr. Guernsey affirms that the principles of homeopathy provide all that is needed to perceive and heal disease. ...
The Choice of the Simillimum The great C.M Boger discusses prescribing and evaluating the effects of a remedy. ...
Freedom of Choice? Freedom of choice in California!...
C. V Boenninghausen
Dr. Boenninghausen was born to one of the oldest noble families of Westphalia, Germany. His full name was Clemens Maria Franz Baron Von Boenninghausen. He was Baron by inheritance, a lawyer by profession, and an agriculturist by natural inclination. After his successful treatment with homeopathy, Boenninghausen took deep interest in studying homoeopathy and devoted his remaining years to the cause of homeopathy. Most of his systematic works concerning homoeopathy were published between 1828 and 1846. Boenninghausen died at the ripe age of 79 in 1864.


text:
Q: How to merge two network requests response into single object I am trying to retrieve data from below two API requests using retrofit client and want to display in Listview
I am getting response from both below API requests with differenr fields
In below API, coin name, coin price
https://pro-api.coinmarketcap.com/v1/cryptocurrency/listings/latest
In below API, logo
https://pro-api.coinmarketcap.com/v1/cryptocurrency/info
How to combine both above request responses in separate POJO class?
CoinName.kt
data class CoinName(
      var name: String,
      var price: String
)
CoinInfo.kt
data class CoinInfo(
      var logo: String
)
I want to show coin name, coin price, logo fields in my Listview. But coin name and price is present in class CoinName and logo present in CoinInfo class

A: You need to use zip operator and combine your responses into 3rd class. See this question

redpajama_set_name: RedPajamaStackExchange


In the early morning hours of 26 April 1986, a testing error caused an explosion at the Chernobyl nuclear power station in northern Ukraine. During a radioactive fire that burned for 10 days, 190 tons of toxic materials were expelled in to the atmosphere. The wind blew 70% of the radioactive material into the neighbouring country of Belarus.
Even now, over 25 years since the accident, the effects of radiation are still being felt in Belarus with increased numbers of illnesses such as thyroid cancer and leukaemia, as well as miscarriages and birth defects. One sixth of Belarusian farmland remains contaminated.
Through Chernobyl Children's Lifeline: Ashford, Romney Marsh and Rye Link, Caring and Sharing supports a children's home hospice team in Pinsk, near the Belarus-Ukraine-Polish border. This is run by an administrator and her husband, two part time nurses, and a doctor, Anna, who visits each family once a month. Caring and Sharing contributes towards the running costs of the hospice. The team cares for children with terminal and life-limiting diseases, giving the whole family much needed psychological and emotional support.
The hospice has no day centre and cannot even afford an office. It receives no state funding, and apart from a few individual Belarusians, it has to rely entirely on foreign aid, most of it coming from the UK and an Italian charity. It does have a summer house (or dacha) about 20km from Pinsk, where families can stay or spend the day. They would desperately like to build a permanent hospice for the children. With help from Caring and Sharing, this may be possible.


text:
AllCrimePeopleHealthEnvironment
Danube fatal accident hableány Péter Szijjártó rescue team South Korea
Ship Collision: 'Hungarian and South Korean Rescue Teams' Cooperation Exemplary'
Hungarian Foreign Minister Péter Szijjártó met his South Korean counterpart Kang Kyung-wha on the sidelines of the Globsec security forum in Bratislava on Friday.
In a statement sent to MTI after the talks, Szijjártó called "exemplary" the cooperation between Hungarian and South Korean rescue teams working to salvage a sightseeing boat which sank in central Budapest last week, causing the death of at least 18 South Korean tourists.
Photo by Zsolt Burger/Ministry of Foreign Affairs and Trade
At the talks, Szijjártó informed his colleague about the status of the salvage operation. He said that preparations are under way to lift the wreck out of the River Danube, and added that a thorough investigation has been launched to reveal every detail of the disaster.
South Koreans Express Gratitude for Hungary's Handling of Disaster
The South Korean minister thanked all participants in the operations for their efforts.
Ship Collision: Lifting of Wreck Expected to Begin next Week
Sightseeing boat Hableány collided with a large cruising ship and sank on May 29. It had 33 South Korean tourists on board and a crew of two Hungarians. Seven tourists were rescued rom the water after the collision. The bodies of 18 tourists and one of the Hungarian crew have been found and identified, while a search is still under way for 9 missing persons.
Featured photo illustration by Balázs Mohai/MTI
FM Szijjártó before UN Debate Calls on Int'l Community to Make It Clear It Stands on Israel's Side


There are several fields in our HL7 API which accept coded data. These come in 3 different flavours.
Some of the fields have a mandated code set. Where this is the case, we provide the relevant code set that you must use.
Other fields do not have a mandated code set, but we ask that you let us know what codes you will be using. By providing your code set, we will be able to process your data in a way that allows us to add extra value, for example by mapping laboratory test codes to show test names in the user's language along with explanations and links to extra information. Please see the notes column below to understand more about how we use your data.
Finally, some fields do not have a mandated code set and are not mapped to standardised codes. These fields are typically not processed by PKB beyond a simple store, retrieve and display, so you are welcome to send through your own local codes and do not need to tell us what they are.
Declaring this code set helps PKB to automatically apply meaningful privacy labels.
Declaring this code set helps PKB to show a user friendly name in the web interface.
Declaring this code set allows PKB to map your codes to standard LOINC codes. This allows meaningful comparison between results sent from different institutions, and allows us to explain the result to the patient in their own language.
In order to map OBX-3 Test IDs, it is important that we also know what units your tests are measured in.
Declaring this code set helps PKB to automatically apply meaningful privacy labels. It also allows us to show a user friendly name of the hospital service (aka specialty) in the web interface.
Display Name. The name of the order/service. The value provided will not be used directly but is helpful to have when discussing your code set.
Privacy Label. One of: GENERAL, MENTAL, SEXUAL, SOCIAL.
See here for an example file.
Display Name. The name of the hospital service that we should show to the user in the web interface.
Based on FHIR EncounterClass (DSTU2).
Inpatient: An encounter during which the patient is hospitalized and stays overnight.
Outpatient: An encounter during which the patient is not hospitalized overnight.
Ambulatory: An encounter where the patient visits the practitioner in his/her office, e.g. a G.P. visit.
Emergency: An encounter where the patient needs urgent care.
Home: An encounter where the practitioner visits the patient at his/her home.
Field: An encounter taking place outside the regular environment for giving care.
Daytime: An encounter where the patient needs more prolonged treatment or investigations than outpatients, but who do not need to stay in the hospital overnight.
Virtual: An encounter that takes place where the patient and practitioner do not physically meet but use electronic means for contact.


text:
Songwriting Exercises for Beginners and Intermediates
Posted by Sherife Lindi | Dec 18, 2019 | Arts & Entertainment | 0
"Craft is a muscle, you need to exercise it"
If you've tried writing your own songs and wound up with only half-baked ideas and chord progressions that sound suspiciously similar to contemporary radio-friendly tunes, you're not alone.
Songwriting may seem like a mystical calling that appeals to only the most brilliant musical minds, but really it's a technical skill that takes time to develop.
Many professional musicians have the benefit of attending illustrious music schools to help hone their talents, but if you're too young for college or if you're only interested in songwriting as a hobby, you're going to be on your own.
There are many decisions to make when it comes to writing your own music, but those answers will come in time. The most important task is to learn the basics of song construction and, from there, decide what kind of music you'd like to make.
Current Artisan spoke with a professional songwriter (more specifically, songwriter/performing artist Oscar Neidhardt of Lightcliffe as well as many solo projects and commissioned work), to learn about songwriting exercises for beginners.
We'll be getting to those exercises very soon, but first, let's talk about a few pointers and tips that will help you better focus on your songwriting.
Prep: how to practice and prepare
Tips for finding melodies
Mistakes to watch out for
Songwriting exercises
Dismantle and rebuild
Mix and match chords
Object writing
DAWs for beginners
For some, finding an original memory is quite easy, while for others it can be a real challenge.
Regardless of which camp you fall into, it's very important to listen to your own ideas and record them in some fashion so that you can access them later.
This doesn't necessarily refer to audio recording either. You may want to write down a series of numbers as they relate to the notes of a scale. Or you could record yourself humming the melody on your phone's memo app.
As with memories, new ideas for a melody could come at any time, and they can leave just as quickly.
Sitting down in front of a computer and forcing yourself to think of a melody on the spot will be much more difficult and could even end in frustration.
As Neidhardt told us:
"Most melodies just pop up in my head, usually when I'm not even thinking about music. I'll start humming that melody over and over again in my head. Then I'll start adding more parts to it, and sometimes I'll even have the entire melody for a song fully structured out in my head. And if I really like it, I'll stop on the side of the road and immediately record all the ideas on my phone. Otherwise, I know that I'll forget about them a couple of hours later."
Mistakes are a natural part of any creative pursuit, but there are certain pitfalls you can consciously avoid if you know what to look for.
According to Neidhardt:
"The most noticeable mistake is a lack of originality. I see a lot of young writers and producers trying to copy existing work by creating similar melodies, lyrical concepts, and arrangements. I think the problem is that a lot of new songwriters lack confidence in their own skills and creative intuition and tend to operate in a comfort zone by doing what feels safe and secure."
There is a way to practice songwriting using other people's songs, which we'll get to in a bit, but the real problem comes along when a young songwriter simply adopts another artist's style rather than creating their own.
Apart from being artistically derivative, this mistake will also prevent songwriters from being noticed when they reach the professional level.
People who imitate popular music are a dime a dozen, but originality and innovation will always have value in the marketplace.
Below we've listed three helpful songwriting exercises that Neidhardt has used for years, even after becoming a successful songwriter and musician in his own right.
If you're having a tough time with one of the exercises, move on to the next. Try to find which one works best for your own personal workflow.
You may also want to make minor tweaks to these exercises if you'd like to spark your creativity even further.
"Pick a song that you love, dismantle it, and rebuild it. You can approach this exercise in a few different ways. Basically, take a look at the melody, lyrics, and chord progression of a song. Choose one to replace, while keeping the other two elements. You'll train your creative intuition and learn to trust your instincts. It's also just a fun way to boost your creativity!"
The second exercise requires a bit of music theory, but don't worry, if you've had music lessons of any kind, you probably already have the necessary expertise.
We'll let Neidhardt explain:
"Practice playing different scales on the piano, or the instrument of your choice. Once you've warmed up, try to improvise a chord progression and transpose it into three different keys. If there's a progression that you particularly like, try and come up with some melodies and lyrics based around that chord progression."
Finding a chord progression that fits the idea for a song is a huge step. Humans can naturally detect the tone and emotion of different chords. For example, it will be immediately apparent whether your fresh chord progression is generally sad, happy, hopeful, etc.
Once you have a chord progression that you like, you can easily play around with rhythm, tempo, and playing style.
"A third exercise that I like to use is called "Object Writing". I read about it in a book called "Writing Better Lyrics", by author Pat Pattison, a professor at Berklee College of Music. Set a timer for ten minutes, pick a random object in the room, and write about it. Don't overthink! You don't even need to build full sentences. Just write, and the more ideas you have, the better. Stop the timer after 10 minutes. Read back what you wrote and look for anything that sticks out to you, anything that could be used to build an interesting lyrical concept."
For a somewhat dramatic portrayal of this technique, check out this scene from the indie comedy Frank.
This kind of immediate, automatic writing has proven to be a popular method not just in songwriting but in prose composition as well.
The end products of this exercise never have to be heard by anyone but yourself. You're allowed to write terrible songs. In fact, it's encouraged.
Even talented songwriters have bad days, bad sessions. The goal is just to flex the songwriting muscle so that it gets stronger every single day.
Of course, coming up with ideas for new songs is just the first step. Once you have an idea you like, that's when the real work begins.
So, in closing, let's talk about what comes next.
There's a saying that songwriting is 10% writing and 90% re-writing.
Editing and tweaking your ideas is a very important step on the way to improving your musical abilities.
Song demos are often a far cry from the finished track. What happens between the two is a number of revisions and creative choices.
How many edits you want to make is up to you.
Frank Zappa, as an example, was an extreme perfectionist, requiring himself and his bandmates to be note-perfect and precisely on-tempo for every single recording and every live show.
On the other end of the spectrum, The Mountain Goats' John Darnielle created his early tape recordings by playing songs in full shortly after having the initial idea.
It all comes down to your artistic instincts and your musical goals.
Neidhardt tries to balance both approaches:
"You have to train yourself to know when the time is right. It's all very instinctual, in my opinion. But once you start getting really busy working on multiple projects simultaneously and gaining more experience through that, that type of decision-making process will become easier. I also try and teach myself just to take a risk and trust my intuition. When I'm deeply involved with a song and I feel like I'm starting to cross that line, I step away for a moment and come back with a pair of fresh ears."
Lastly, we briefly wanted to touch on DAWs (digital audio workstations) that beginners can access with relative ease.
If you want to record any of your work, you'll be using a DAW, whether it's on your computer or in a professional recording studio.
These can range from free to thousands of dollars (for high-end professional software packages and plugins).
For Apple/Mac users, Neidhardt recommends using Garageband, which comes built-in to the operating system, which now includes iPhones as well.
The program is surprisingly robust, and it offers a number of digital instruments that can be controlled via the keyboard or through external MIDI controller devices.
Neidhardt also mentioned a more complex program:
"Another DAW I always recommend is Ableton Live. It's especially suitable for beginners because it's so intuitive and fast. It's the perfect program for composing quick ideas and exploring the world of music production."
The Intro version of Ableton Live is currently priced at $99, with more feature-complete versions going for several hundred dollars.
"Lastly, I would also recommend Logic Pro X, which is essentially the professional alternative to Garageband, offering all the tools you need to create and produce a song to the highest standards. It has a very similar interface to Garageband, which makes everything feel familiar and comfortable right away, giving Garageband users a very smooth transition."
If you're currently a student, you may even be able to purchase discounted versions of these programs that still contain all major features.
Learning to use a DAW effectively is a must, even if you don't plan to do any mixing and MIDI recording later in your career.
You may even find that a DAW sparks new and interesting ideas during your songwriting sessions.
PreviousActing Preparation Techniques and Advice from a Pro
NextChef-Picked Healthy Continental Breakfast Ideas for a Crowd
Sherife Lindi
Sherife has gained years of experience writing about tech, entertainment, and social issues for multiple outlets. His past role as a game designer has informed his interviews with leaders in both tech and the arts. He hopes to one day compile a book of his favorite interviews through the years. Until then, he plans to keep up with the latest indie games and live his best life in the process.
Sticking to the Script: Composing Film Scores with Kanako Hashiyama
'My gut-felt, agonizing decision'—Tracey Emin on her 'A-Z of abortion' blanket
12 Fun, Easy Game Ideas for Couples to Play at a House Party
Review of Lubaina Himid's Joyful Contemporary Pop Art


text:
Two up-and-coming UvA scientists receive Rubicon grants
Physicist Horng Sheng Chia and psychologist Jonas Dalege have received Rubicon grants from the Netherlands Organisation for Scientific Research (NWO) to do research at foreign research institutes. The Rubicon programme is intended to give promising young scientists the opportunity to gain international research experience. A total of sixteen researchers from various institutions received grants in this round of awards.
Horng Sheng Chia (Physics): Probing the dark universe with gravitational waves
Gravitational waves offer new possibilities for observing the dark side of our universe. In his research, Chia will explore new ways to study dark matter using the gravitational waves emitted by binary black holes.
Chia will go to the Stanford Institute for Theoretical Physics at Stanford University in the United States for 24 months.
Dr Jonas Dalege (Psychology): Network structure of resistant convictions
Resistant convictions can be harmful to society. For example, people do not get vaccinated because they overestimate the risks of vaccinations. Dalege investigates how such convictions form a network. Based on this, he develops interventions to make convictions less resistant.
Dalege will go to the Santa Fe Institute in the United States for 24 months.
About Rubicon
With a Rubicon grant, scientists can conduct research at a foreign research institution for up to 24 months. The amount of financing depends on the chosen destination and the duration of the stay. Each year the NWO can finance around 60 young researchers within Rubicon (for a total amount of seven million euros, spread over three rounds).


text:
Q: How to remove duplicates from a list in python I have a list: list = ['item1', 'item2', 'item3', 'item4']
I want to compare the similarity of all items.
If item2 and item3 is similar, the result become list = ['item1', 'item2', 'item4']
Edit:
Sorry for my confusing question.
list items is set of trigrams. I want to remove the similar item in a list.
list = [('very','beauty','place'),('very','good','place'),('another','trigram','item')]

with compute jaccard similarity every pairs-item in that list, if jaccard score of pairs-item > 0.4, i call it similar. In this example, item1 and item2 are similar. The last output i want is:
list = [('very','beauty','place'),('another','trigram','item')]

This is the method to calculate jaccard score:
def compute_jaccard_index(set_1, set_2):
   n = len(set_1.intersection(set_2))
   return n / float(len(set_1) + len(set_2) - n)

A: If these items are strings or numbers you are looking for the set builtin.
In example:
In [1]: foo = [1, 32, 4, 5, 6, 5]

In [2]: set(foo)
Out[2]: {1, 4, 5, 6, 32}

In [3]: list(set(foo))
Out[3]: [32, 1, 4, 5, 6]

Depends what you mean by similar really.

A: This will work if you have a similarity function instead of a straight equality comparison:
itemsToRemove = []
n = len(list)
for i in range(n):
  for j in range(i+1,n):
      if(similarTest(list[i], list[j]):
        itemsToRemove.append(list[i])
        break
return [item for item in list if item not in itemsToRemove]

Of course if you were actually looking to remove identical items, as others have suggested, then sets will work great.

A: This solution will continue to look at pairs of two elements until it has looked at all pairs without filtering any. It's not an effective solution as it will continue to look at the same pairs over and over again, and it also does not make use of a possible transitivity. But it's a start.
>>> from itertools import combinations
>>> def filterSimilar (d):
        while True:
            filteredOne = False
            for s, t in combinations(d, 2):
                if isSimilar(s, t):
                    d.remove(t)
                    filteredOne = True
                    break
            if not filteredOne:
                break
>>> d = ['asdf', 'asxf', 'foo', 'bar', 'baz']
>>> filterSimilar(d)
>>> d
['asdf', 'foo', 'bar']

A possible example implementation for isSimilar is the following which uses the Levenshtein distance between two strings:
def levenshteinDistance (s, t):
    if len(s) == 0:
        return len(t)
    if len(t) == 0:
        return len(s)
    return min(levenshteinDistance(s[:-1], t) + 1, levenshteinDistance(s, t[:-1]) + 1, levenshteinDistance(s[:-1], t[:-1]) + (0 if s[-1] == t[-1] else 1))

def isSimilar (s, t):
    return levenshteinDistance(s, t) < 2

(Note that the Levenshtein distance I used in this example is not an example for a transitive comparison)

Using your compute_jaccard_index function, the isSimilar function now looks like this:
def isSimilar (s, t):
    return compute_jaccard_index(s, t) > .4

And then used on your example data:
>>> lst = [{'very','beauty','place'},{'very','good','place'},{'another','trigram','item'}]
>>> filterSimilar(lst)
>>> lst
[{'very', 'beauty', 'place'}, {'item', 'trigram', 'another'}]

A: You can use set.It will remove all the duplicate element from the list.
>>>list = [1,2,3,4,4,5,2,3,1]
>>>list =set(list)
>>>list
set([1, 2, 3, 4, 5])


text:
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A New Tax System (Trade Practices Amendment) Bill 1998
Bills & Legislation
Long Title
a Bill for an Act to amend the Trade Practices Act 1974 in connection with the implementation of A New Tax System
House of Reps
Parl No.
Treasurer's portfolio
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legislation/bills/r661_act/0001
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A New Tax System (Trade Practices Amendment) Act 1999
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendment of the Trade Practices Act 1974
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No. 61, 1999
An Act to amend the Trade Practices Act 1974 in connection with the implementation of A New Tax System
1............ Short title............................................................................................ 1
2............ Commencement.................................................................................. 1
3............ Schedule(s).......................................................................................... 2
Schedule 1—Amendment of the Trade Practices Act 1974 3
[ Assented to 8 July 1999 ]
The Parliament of Australia enacts:
This Act may be cited as the A New Tax System (Trade Practices Amendment) Act 1999 .
(1) This Act commences, or is taken to have commenced:
(a) after all the Acts listed in subsection (2) have received the Royal Assent; and
(b) on the day after the last day on which any of those Acts received the Royal Assent.
(2) These are the Acts:
(a) the A New Tax System (Goods and Services Tax) Act 1999 ;
(b) the A New Tax System (Goods and Services Tax Imposition—Excise) Act 1999 ;
(c) the A New Tax System (Goods and Services Tax Imposition—Customs) Act 1999 ;
(d) the A New Tax System (Goods and Services Tax Imposition—General) Act 1999 ;
(e) the A New Tax System (Goods and Services Tax Administration) Act 1999 .
3 Schedule(s )
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
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▸BLOG
LADIES WHO LUNCH & LAUNCH
Jen Roosth (Guest writer)
HOUSTON'S JUNIOR LEAGUE LUNCHEON AND STYLE
Tea for Two? More like for 900.
New York may have Fashion Week to kick off the Fall social season, but in Houston, we have the Junior League Opening Day Style Show and luncheon. League volunteers served as models for the fabulous Elizabeth Anthony Esther Wolf Collection. It took two days, and three shows to actually accomidate the historic crowd of over 900 members and guests. Proceeds from this year's event went to Dress for Success, The Children's Museum of Houston and Houston Area Women's Center. We love that. In the crowd were Special Events Chairman Kristi Krupala, Tea Room Director Shannon Beirne Wiesedeppe and League President, Catherine Nacol McCoin, longtime tea room member Betty Robertson, Roseann Rogers, and Lauren Levicki.
The Junior League of Houston has been sponsoring style shows since 1929, with the Opening Style Show traditionally marking the beginning of a new League year with League volunteers modeling the latest in fashion trends. With historical attendance, over the three showings, often reaching or exceeding 900, this event continues to be a tradition with League members, Tea Room patron members and their guests.Speakers from the beneficiary organizations highlighted the League's impact on their outreach in the Houston community.
Old Republic Title continued its support as a Tea Room corporate patron member by once again filling a table with guests, as did Betty Robertson, long-time Tea Room individual patron member, who has reserved a runway table for more than a dozen friends, for decades. Support of this and other League-sponsored events allows the Junior League of Houston to continue "Building A Better Community" through Community Assistance Grants, 37 Community Projects and other League-sponsored initiatives.
The Junior League of Houston, Inc. is an organization of women committed to promoting voluntarism, developing the potential of women and improving communities through the effective action and leadership of trained volunteers. Its purpose is exclusively educational and charitable. The Junior League of Houston, Inc. was founded in 1925 and the League's more than 5000 members continue "Building A Better Community" and improving the lives of over one million people in Houston each year. For more information about The Junior League of Houston, call 713.622.4191, or visit their website at www.juniorleaguehouston.org.


It can be tough to navigate all of Wisconsin's waterways, especially if you're not from around here. Each lake Shoreline Inclusive Camping provides services on has its own special qualities. When our clients choose which lake they want to spend the day on, it's important for them to understand what makes each lake unique, because each lake provides a different experience.
Lake Mendota, the largest of the five lakes we service, forms the isthmus that borders downtown Madison. This lake offers a wide variety of water activities such as fishing, kayaking, and canoeing. Being so close to downtown Madison allows you to explore the shops and restaurants right up on the shoreline. Small boats can dock at the Memorial Union Terrace; otherwise larger boats can dock on the Goodspeed Family Pier in the UWM Alumni Park down the way. From there, you can walk along the streets of downtown or visit the capitol. If you're looking for a leisurely boat ride with access to downtown Madison, then a trip around Lake Mendota is for you.
Just across the isthmus, Lake Monona is another popular area for kayakers, fishermen, and other water sportsmen to explore. It also offers different attractions around the shoreline. There is access to a variety of parks along the shoreline, as well as a small beach area at Olbrich Park Beach. Along the northwestern part of the lake resides the capitol building of Wisconsin, which is beautifully displayed at dusk. Monona Lake flows into the Yahara River and ultimately connects to Lake Waubesa.
Encompassed in the Yahara River is Gilligan's Island, which is a popular sandbar and boating spot. Shoreline Inclusive camping offers exclusive boat shuttles to and from the island for those who don't have the means to get to the island. Gilligan's Island draws a crowd because of its secluded location and the friendly atmosphere its visitors convey. If you're looking for a day full of interaction along a hidden gem in Wisconsin, then Shoreline Inclusive Camping can shuttle you there.
The local homeowners around the edge of Lake Waubesa enjoy the country feel that the lake offers. Lake Waubesa is the perfect lake to admire your surroundings while catching some fish. This lake provides a more peaceful day out boating rather than a day of sightseeing. Fishing is the lakes biggest attraction, but the location is close enough to the city to enjoy time on land later in the night.
On the contrary, Lake Wisconsin, which is nestled between the Wisconsin River, offers the ultimate sandbar experience. Enjoy a scenic pontoon ride on the lake before arriving at one of the many sandbars along the Wisconsin River. This lake provides the opportunity to meet local Wisconsinites and engage in aquatic activities. Yard games, floating on a tube, and cracking a cold one are some of the favorite pastimes shared. The local bars and restaurants surrounding the lake offer a break from the water if needed. If you're looking for a day to soak up the sun and take a dip, then you should choose Lake Wisconsin for your boating outing.
Like the other lakes, Marshall Millpond welcomes fishing. However, there is a wider variety of fish that inhabit this lake. Marshall Millpond is smaller than the other lakes mentioned above but doesn't lack in scenic beauty. Fireman's Park is a city-owned Community Park, which provides a place to stop and enjoy a picnic or take a walk. There are not many sandbars along this lake, but fishing is what it is visited most for. If you are looking for a recreational day of fishing and a relaxing boat ride with a picturesque view, then give Marshall Millpond a try.
There is much beauty to see along Wisconsin's waterways. Whether you are looking for a family boating trip or you just want to enjoy a peaceful day of fishing, Shoreline Inclusive Camping can help you make the most of your day on these lakes. Each one of these lakes provides a different experience that fits everyone's needs. Bounce around from shore to sand, discover a secret swimming hole, or cast a line and catch a big one -it's all up to you.


If you are looking for a sweet basket but are shopping for someone on a restrictive diet, look no further than the "Sweet and Savory Gluten-Free Gift Basket". This assortment of items includes Granny Smith Apple Chips, Chocolate Chip Cookies, Pistachio Trail Mix Crunch, Organic Dude Ranch Multigrain Chips and many other treats. This is a great basket for friends, colleagues, family for any occasion that you can imagine. Show how much you care by presenting this beautiful basket that adheres to strict dietary guidelines.
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text:
Houston launches donation drive for Haitians impacted by earthquake
Local // Houston
R.A. Schuetz, Anna Bauman, Staff writer
Aug. 22, 2021 Updated: Aug. 22, 2021 10:05 p.m.
Houston has launched a donation drive to help Haiti recover from this month's major earthquake.
Mayor Sylvester Turner on Saturday announced a relief response program for Haitians affected by the high-magnitude earthquake and a tropical storm.
The 7.2 magnitude earthquake that struck the country Aug. 14 killed at least 2,200 people and injured 12,000, Haiti's Civil Protection Agency said Sunday. More than 340 people remain missing.
Three days after that disaster, Tropical Storm Grace struck the region, causing flooding and landslides, which hampered rescues. In the aftermath, at least 650,000 people need emergency assistance, such as water, food and tarps, according to the Caribbean Disaster Emergency Management Agency.
Houston is mobilizing to meet that need by hosting a supply drive in partnership with Houston Haitians United, People Outreach Ministry and the National Association of Christian Churches Disaster Services.
"We are definitely better and stronger when we are together," said Jonas Hilaire, pastor of First Haitian Church of God, when the drive was announced.
It's an opportunity to pay it forward after communities from across the globe helped Houston in the wakes of the February freeze, Hurricane Harvey and other disasters, Turner said. "Houston is the proud home to a large Haitian community, and today we are being called to help our neighbors in Haiti who are currently experiencing great suffering and loss," he said.
Roughly 2,300 Haitians are living in the Houston area, according to the most recent census estimates.
Donations will be accepted from 8 a.m. to 5 p.m. Monday through Saturday at the National Association of Christian Churches at 16605 Air Center Blvd.
Needed supplies include diapers, cleaning items, personal hygiene items, nonperishable food, bottled water and pet food.
"This is important," Turner said. "Quite frankly, it could've been us."
rebecca.schuetz
@chron.com
anna.bauman
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R.A. Schuetz
Reach R.A. on
R.A. Schuetz covers real estate for the Houston Chronicle. Before joining the Chronicle, she wrote features for the Hearst Connecticut Media Group.
Anna Bauman
Reach Anna on
Anna Bauman is a reporter for the Houston Chronicle.
Before coming to Houston, Anna covered breaking news for The San Francisco Chronicle metro desk. A Kansas City native, Anna graduated from the University of Oklahoma, where she studied English and worked at the OU Daily student newspaper.
She likes running, reading and the Kansas City Chiefs.


text:
Spazio Officina
I love working in harmony with the Nature, with the Seasons.
It's like the Nature would lead my hands. In my work I use the natural element in accordance with its habitat, its growth and the environment
Emy Petrini was born September 18, 1967.
She graduated in Interior Design at the Institute for Art and Restoration in Florence.
In 2007 she decided to develop her passion for floral art, she moved for a year in Wales and attended the advanced course in Floristry at Welsh College of Horticultur- Northop, obtaining the Higher Diploma in Floristry (ICSF). The course was detailed and complete, able to create an experience, able to design and implement, in any context, the presence of the flower and the natural element
Nature has given me a new freedom, it suggested new ways to rethink the identity and existence
It's just in the silent observation of perfection and strength of certain trees, as well as the beauty of the natural cycle of life with its variety of colors, which Emy discovers a living Nature, that suggests creation and impulse. Hence the decision to go to Wales to study in one of the most important European floral design school, where she spent a busy year, devoted entirely to the study. Back in Italy, Emy took part in several exhibitions and her work is noticed during "Artigianato e Palazzo" in Florence. Thus began a year of intensive work: working with the Replay, the company that made the nature of the characteristic element of its stores in the world; She works in Paris, Florence, Rome. In Berlin, she was entrusted with the construction of a 120sqm forest for the Bread & Butter trade fair, a majestic work, which has itself an extraordinary communicative power. The Enchanted Forest, this is its name, is a work much closer to an artistic intervention that a floral decoration solution.
It is precisely in tackling these jobs that Emy reunites as a protagonist in Spazio Officina. The work was noticed by the Academy of Catanzaro and Emy was invited to a symposium of sculpture in the National Park of the Piccola Sila along with other five internationally renowned sculptors. Inspired by the nature of the place makes a huge nest with bracken, gorse and branches, suspended between the ancient trees of the park ….
I walked in the woods for hours, and I started to collect branches, leaves, bark, shrubs, in these items was shaped, variations, improvisations. I started working with vegetal elements creating small assemblages and compositions
Emy Petrini has always sought in her life his own path that enriched herself with strong and sincere emotions. Is with this attitude that in 2000 she opened, not without difficulty, a beautiful space in Lucca, that talk about Art: Spazio Officina.
The intent of sharing this project with the city was not collected; so, as often happens, reality resizes the dreams and after a few years, Spazio Officina closes. Is at this time, which made easier by the beauty of the places where he lives, Emy finds comfort in a Nature that communicates great emotions.
In my work, what I try to do, is to stand in front of the plant materials I use, putting myself in a position of respect and listening
download the media kit of Emy Petrini
© Emy Petrini _ floraldesigner. All rights reserved. 2016 / All photos are made by ©Beatrice Speranza website by Enrico Fico


As a family, there are three areas we must look at if we are to create a bounty of love and laughter, health, and joy in the home.
Health and wholeness within the family dynamic are unique for each family and often based on your upbringing, your life path, the decisions you've made, your values, and your overall awareness. No two homes are alike.
Your family life is your fingerprint in this world — your legacy.
Family life is both inspiring and soulful, and also physically and emotionally draining. It's extreme.
One minute there is laughter, and the next there is yelling and screaming. There are smiles and cries, pains and pleasures, ups and the downs.This is the beauty of a true family, the consistent experience of support and challenge to provide us with optimal growth.
Being resilient takes work. It's not easy to bounce back from distress, arguments, or painful moments.Wouldn't it be great if you could learn new ways to be present, heal old wounds, re-shift your focus, relieve anxieties, uplift depressions, and feel more graceful?
"With Dr. Steve I have learned to trust in myself, surrender to the moment and allow things to shift and happen." Diane D.
After consulting with over 110,000 family members within our community on health and wellness, we understand and know the everyday challenges that you face. The concerns, frustrations, worries, doubts, and fears.
We bring you an attitude of awareness and "realness" teaching you tools that blend personal development, spirituality, health, relationship mastery, and lifestyle into everyday life.
We see through the often superficial nature of how people display their lives on social media outlets, and we intend to just be real with you about how to elevate your levels of awareness. To do this, we will share the tools we use to continue to grow and maximize our lives, and our kids' through the most amazing (and simultaneously chaotic) season of life.
Would you like to awaken to new levels of FAMILY MASTERY?
We would like to invite you and would love for you to explore family health and wellness education with us, the road to MASTERING ourselves, our relationships, and our healthy lifestyles.


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Litton's Weekend Adventure Adds New Series Starting October 3rd, 2015
DAYTIME EMMY® AWARD WINNING ROCK THE PARK JOINS MULTIPLE EMMY® AWARD WINNING E/I BLOCK ON ABC
June 18, 2015(Burbank, CA) – Litton Entertainment announced today the addition of 2015 Daytime Emmy® winning series Rock the Park, to Litton's Weekend Adventure, the number one rated E/I Block airing Saturdays on ABC Stations nationwide.
Rock the Park showcases America's national parks as game-for-anything hosts Jack Steward and Colton Smith go off the beaten path to explore some of the most awe-inspiring places on earth. Each episode takes them to a different park and face to face with amazing wildlife and new adventures sure to inspire families young and old to hit the road and create their own park memories.
The series, produced in partnership with Tremendous! Entertainment, features America's greatest natural treasures and invites everyone to join in on the fun as America's national parks celebrate their 100th anniversary.
"We've made Saturday morning television a destination for families with Litton's Weekend Adventure, and we are pleased to continue to inspire and educate viewers with the newest addition to our programming block," commented Dave Morgan, CEO and President of Litton Entertainment.
About Litton Entertainment: Litton Entertainment is the preeminent independent producer and distributor in the U.S. television industry creating and distributing quality programming for over twenty years. Litton's Weekend Adventure, produced by Litton Studios, is the first program block of its kind airing Saturdays on ABC stations nationwide. Litton's Weekend Adventure features all original E/I series including Jack Hanna's Wild Countdown, Emmy® winning Ocean Mysteries with Jeff Corwin, Emmy® winning Born to Explore with Richard Wiese, Emmy® nominated Sea Rescue and Emmy® nominated The Wildlife Docs.
Litton Entertainment provides CBS Network with six original programs for Saturday mornings called CBS Dream Team, It's Epic!, including Emmy® winning Lucky Dog, Emmy®, Emmy® winning The Henry Ford's Innovation Nation with Mo Rocca, All in With Laila Ali, and Emmy® nominated Game Changers with Kevin Frazier.
Litton recently announced the new block of programming for The CW, One Magnificent Morning. The new block launched October 4, 2014.
Litton's news division, Litton News Source, distributes Consumer Reports TV and The Consumer Alert News Network. For more information about Litton Entertainment, visit www.litton.tv.
About Tremendous! Entertainment: Tremendous! Entertainment (TEI) is a Daytime Emmy Award-winning reality television production company built on the motto "Where Character Matters," which drives its approach on and off screen and allows the company to succeed in numerous unscripted genres from docu-series, survival and paranormal to food, history and travel. TEI delivers series that inspire, entertain and make a difference, including reality innovators like two-time James Beard award winner Bizarre Foods with Andrew Zimmern (Travel Channel), now in its 13th year; Daytime Emmy Award-winningRock the Park (ABC Stations), Ghost Asylum (Destination America); and Young Marvels(Ovation) among others.
Led by Founder and CEO Colleen Needles Steward, the company is committed to telling great stories featuring passionate characters on a mission to change the world. . TEI has state of the art production and post-facilities in Minneapolis, MN Los Angeles and New York. For more information, visit http://tremendousinc.com/.
Source: http://www.broadcastingcable.com/thewire/l...
← Litton TV partners with Delta Studio to bring Emmy-winning TV to the skiesCBS Adds New Crime Drama and some Chicken Soup to Saturday Mornings →


Links and subcategories within the Restoration section are provided below.
A guide by the Popular Mechanics Magazine on how to restore an old car.
Antique and classic automobile restorations, including rust repair, woodwork, paint, chrome plating, upholstery, full mechanical, parts locating, show preparation, and appraisals.


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