EXECUTIVE ORDER E0
82-01
AMENDING EO 81-11
ESTABLISHMENT OF BOUNDARIES, ENTRY, AND
OCCUPANCY RULES, AND THE ADMINISTRATION OF A
RESTRICTIVE ZONE SURROUNDING MT. ST. HELENS
WHEREAS, the potential for major eruptions, earthquakes, and ashfall from Mt. St. Helens continues to exist throughout large portions of the state, threatening to cause more destruction of life, health, and property; and WHEREAS, most of the land within the eastern portion of the present Mt. St. Helens restricted zones is administered by the U.S. Forest Service; and WHEREAS, it is the intent of this order to have each jurisdiction's rules and procedures complement others in order to maximize the public safety; and WHEREAS, in the opinion of scientific experts, allowing the public to enter specific hazardous areas surrounding Mt. St. Helens would unnecessarily imperil lives and property; NOW, THEREFORE, I, John Spellman, Governor of the state of Washington, by virtue of the power vested in me under the provisions of chapter 43.06 RCW- and chapter 38.52 RCW, do order that no person or persons shall enter and/or occupy at any time the areas described herein and designated herewith as the Red Zone, with the exceptions of: (1) U.S. Geological Survey personnel who are performing official duties related to scientific evaluation and hazard assessments that require their presence in the Red Zone; (2) U.S. Forest Service personnel in performance of their official duties that require entry into the Red Zone; (3) U.S. Army Corps of Engineers personnel in performance of their official duties that require their presence in the Red Zone; (4) Search and rescue personnel registered or identified pursuant to RCW 38.52.010(5) on official search and rescue missions within the Red Zone. The sheriffs of Cowlitz and Skamania Counties or their designees shall have the authority to approve entry and/or occupation by search and rescue personnel; (5) Federal, state, county or local law enforcement and fire fighting personnel whose jurisdiction is within the Red Zone and who are on official business within the Red Zone; (6) Federal, state, county or local administrative personnel on official business within the Red Zone, specifically: (a) The Director of the Washington State Department of Emergency Services (DES), or his designees), shall have the authority to approve entry and/or occupation by state, county, and local administrative personnel on official business; and (b) Federal administrative personnel other than U.S. Forest Service and the U.S. Geological Survey shall be required to obtain and possess permits; (7) As approved by the Director of DES, or his designees), individuals) who own and/or control real property, or personal property being ,used as a residence, and whose official permanent residence is within the Red Zone; (8) As approved by the Director of DES, or his designees), individuals) with a legitimate business reason for being within the Red Zone. Pursuant to RCW 38.52.050(3)(f), I hereby delegate to the Director of the Department of Emergency Services or his designees the administrative authority vested in me by chapter 38.52 RCW. Each individual given permission to enter and/or occupy the Red Zone shall obtain a special identification permit from the Washington State Department of Licensing prior to entry into that zone. This entry permit must be carried on his or her person at all times. Prior to entry and/or occupation of the Red Zone, each individual shall be required to sign a "Waiver of Rights" form releasing and discharging the state of Washington and all its political subdivisions, and their officers or agents or employees, from all liability for any damages or losses incurred by the individual while within the Red Zone or as a result of entering or occupying that zone. The "Waiver of Rights" form shall be issued by the Washington State Department of Licensing. All persons are advised of potential criminal penalties for violation of this Order, pursuant to RCW 43.06.220 and RCW 38.52.150.
IN WITNESS
WHEREOF, I
have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia this 4th day of February A.D., Nineteen hundred and
eighty-two. JOHN SPELLMAN Governor of Washington BY THE
GOVERNOR: _________________________________ Secretary of State
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