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Ethanol fallout

Thursday, October 11, 2007
Three ethanol plants are planned along Nash Road between Cape Girardeau and Scott City. At a recent meeting of the Small Business Compliance Advisory Committee, the Missouri Department of Natural Resources said each of the plants will be allowed to discharge up to 300 tons of air pollutants, including hazardous pollutants known to cause cancer. By comparison, the DNR said, the limits on hazardous pollutants are 15 to 27 times higher than similar air discharges by two existing plants, Buzzi Unicem and BioKyowa.

It is difficult for a layperson to determine what the air-pollution limits mean. And state officials say they don't know if the plants will actually discharge that level of pollutants. But only a few vocal individuals have expressed any concern about the prospect of having ethanol plants as neighbors.

It would be good to have some assurances from the plants' owners that the area will not be negatively affected by air pollutants. The wind is generally from the south during the warm months and from the north during the cold months. That means Cape Girardeau would get most of the pollutants during the summer, and Scott City would be affected during the winter.

In addition, it would be good if the plants' owners could be as forthcoming as possible about what they would do if their plants exceed the air-pollution limits set by the state or if problems with noxious odors develops.


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RE: Ethanol

Here IS One Way To Have A Voice In The Production Of Ethanol Plants In Community Areas

Missouri Revised Statutes

Chapter 80

Towns and Villages

Section 80.020

August 28, 2006

Towns and villages--how incorporated.

80.020. Whenever two-thirds of the taxable inhabitants of any town or village within this state shall present a petition to the county commission of the county, setting forth the metes and bounds of their village and commons, and praying that they may be incorporated under a police established for their local government, and for the preservation and regulation of any commons appertaining to such town and village, and the county commission shall be satisfied that two-thirds of the taxable inhabitants of such town or village have signed such petition, and that the prayer of such petition is reasonable, the county commission may declare such town or village incorporated, designating in such order the metes and bounds thereof, and thenceforth the inhabitants within such bounds shall be a body politic and corporate, by the name and style of "The town of ....." naming it and by that name they and their successors shall be known in law; have perpetual succession, unless disincorporated; sue and be sued; plead and be impleaded; defend and be defended in all courts and in all actions, pleas and matters whatsoever; may grant, purchase, hold and receive property, real and personal, within such town and no other, burial grounds and cemeteries excepted; and may lease, sell and dispose of the same for the benefit of the town, and may have a common seal, and alter the same at pleasure.

(RSMo 1939 § 7242)

- A single landowner can file a petition to incorporate as a city, town or village, regardless of how many acres it includes or how many individuals live there.

- If a landowner filing a petition to incorporate meets all other requirements outlined in other laws, a county commission has no choice but to put the petition to incorporate to a vote of the people living within the proposed village.

- If the incorporated village adopted its own municipal government functions, with fire and police protection and planning and zoning, it would no longer have to abide by county laws and regulations.

- If the village does not adopt its own municipal government, it would by default remain under county rules and planning and zoning. But it would have to contract with another municipality or county government to obtain municipal services. (The village could create its own municipal tax base but would still be responsible for county taxes.)

The statute may provide some relief for county officials who would challenge such petitions. The statute defines a village as "any small group or assemblage of houses in an unincorporated area, being generally less than in a town or city, or any small group or assemblage of houses or buildings built for dwelling or for business, or both, in an unincorporated area ... and without regard to the existence of churches, parks, schools, or commercial establishments in that area or whether the proposed village is devoted to community purposes."

Suffice to say that very near to Scott City, a new village petition is currently circulating and will be submitted to the Scott County Commissioners soon.

-- Posted by legal_solutions on Thu, Oct 11, 2007, at 8:02 AM

"as forthcoming as possible"

Now there's a cute expression.

-- Posted by TheCamp on Thu, Oct 11, 2007, at 3:45 PM

Looks Like its going to STINK in Cape or Scott City all year .

-- Posted by DaveB on Thu, Oct 11, 2007, at 4:31 PM


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