NO. 92-09
WHEREAS, the former City of Times Beach, Missouri and several other eastern Missouri sites were contaminated with dioxin as a result of waste oil spraying activities conducted in the early l970s; and
WHEREAS, based upon the extent of the contamination, the former city of Times Beach, Missouri was disincorporated; and
WHEREAS, the Federal Emergency Management Agency has acquired all real property situated within the former city of Times Beach, Missouri on behalf of the Trustee for the former city of Times Beach, Missouri; and
WHEREAS, the Environmental Protection Agency has issued a Record of Decision, as amended, for the clean-up of the former city of Times Beach, Missouri and the other eastern Missouri dioxin sites; and
WHEREAS, the state of Missouri, the Environmental Protection Agency, the Department or Justice, and Syntex have entered into a Consent Decree, which has been approved by the U.S, District Court for the Eastern District of Missouri, that provides for the clean-up of the former city of Times Beach, Missouri and the other eastern Missouri dioxin sites; and
WHEREAS, the Trustee for the former city of Times Beach, Missouri has conveyed all real property contained in the former city of Times Beach, Missouri to the State of Missouri Department of Natural Resources; and
WHEREAS, the State of Missouri is committed to on appropriate and thorough clean-up of these sights in such a manner that safeguards the public health and the environment and effectively removes the hazard of dioxin that had threatened these sites for several years.
NOW, THEREFORE, I JOHN ASHCROFT, GOVERNOR OF THE STATE OF MISSOURI, by virtue of the authority vested in me by the Constitution and laws of the State of Missouri, do hereby proclaim:
- The treatment,
storage or disposal
of any dioxin
contaminated soil
or any other dioxin
contaminated material
at any facility
located at or
near the former
city of Times
Beach, Missouri
is expressly limited
to such contaminated
soils or materials
originating from
the 27 eastern
Missouri dioxin
sites listed in
Attachment A,
List 1 to the
Consent Decree.
- The Department
of Natural Resources
will not issue
any environmental
permits to any
person, corporation,
or governmental
entity to conduct
any activities
at or near the
former city of
Times Beach, Missouri
involving any
activity other
than clean--up
activities set
forth in the Consent
Decree or the
associated work
plans.
- The Department
of Natural Resources
will not issue
any environmental
permits to any
person, corporation,
or governmental
entity to conduct
any clean-up activities
at or near the
former city of
Times Beach, Missouri
involving any
site other than
the 27 eastern
Missouri dioxin
sites listed in
Attachment A,
List I in the
Consent Decree.
- Under my authority as Governor, I will convey pursuant to state law to appropriate parties, conservation easements for the property located in the former city of Times Beach, Missouri. These conservation easements will contain suitable restrictions that will afford a private right-of-action to enforce the terms of the conservation easements.
| IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 17th day of April, 1992. |
| [John Ashcroft's signature] | GOVERNOR |
ATTEST:
[Roy D. Blunt's signature]
SECRETARY OF STATE
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