text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/787

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1897

course of conduct or liability resulting from any causal or other relationships. "o. Any person aggrieved by a final decision of the Commission may obtain judicial review of such decision in any court of competent jurisdiction by filing in such court a petition for review within 60 days after the Commission's final decision. "ARTICLE IV. REGIONAL MANAGEMENT PLAN "The Commission shall adopt a regional maneigement plan designed to ensure the safe and efficient management of waste generated within the region. In adopting a regional waste management plan the Commission shall: "a. Adopt procedures for determining, consistent with considerations for public health and safety, the t3T)e and number of regional facilities which are presently necessary and which are projected to be necessary to manage waste generated within the region. "b. Develop and consider policies promoting source reduction of waste generated within the region. "c. Develop and adopt procedures and criteria for identifying a party state as a host state for a regional facility. In developing these criteria, the Commission shall consider all the following: " 1. The health, safety, and welfare of the citizens of the party states. "2. The existence of regional facilities within each party state. "3. The minimization of waste transportation. "4. The volumes and types of wastes generated within each party state. "5. The environmental, economic, and ecological impacts on the air, land and water resources of the party states, "d. Conduct such hearings, and obtain such reports, studies, evidence and testimony required by its approved procedures prior to identifying a party state as a host state for a needed regional facility. "e. Prepare a draft management plan, including procedures, criteria and host states, including alternatives, which shall be made available in a convenient form to the public for comment. Upon the request of a party state, the Commission shall conduct a public hearing in that state prior to the adoption of the management plan. The management plan shall include the Commission's response to public and party state comment.

Health. Safety.

Health. Safety. Transportation.

Reports. Studies.

"ARTICLE V. RIGHTS AND OBLIGATIONS OF PARTY STATES "a. Each party stete shall act in good faith in the performance of acts and courses of conduct which are intended to ensure the provision of facilities for regional availability and usage in a manner consistent with this compact. "b. Each party state has the right to have all wastes generated within its borders managed at regional facilities subject to the provisions conteined in Article IX.c. All party states have an equal right of access to any facility made available to the region by any agreement entered into by the Commission pursuant to Article III. "c. Party states or generators may negotiate for the right of access to a facility outside the region and may export waste outside the region subject to Commission approval under Article III.

Exports.

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text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/788

 99 STAT. 1898 Regulations. Transportation. Prohibition.

PUBLIC LAW 99-240—JAN. 15, 1986

"d. To the extent permitted by federal law, each party state may enforce any appHcable federal and state laws, regulations and rules pertaining to the packaging and transportation of waste generated within or passing through its borders. Nothing in this section shall be construed to require a party state to enter into any agreement with the U.S. Nuclear Regulatory Commission. "e. Each party state shall provide to the Commission any data and information the Commission requires to implement its responsibilities. Each party state shall establish the capability to obtain any data and information required by the Commission. "ARTICLE VI. DEVELOPMENT AND OPERATION AND FACILITIES

Prohibition.

Audit.

"a. Any party state may volunteer to become a host state, and the Commission may designate that state as a host state upon a twothirds vote of its members. "b. If all regional facilities required by the regional management plan are not developed pursuant to section a., or upon notification that an existing regional facility will be closed, the Commission may designate a host state. "c. Each party state designated as a host state is responsible for determining possible facility locations within its borders. The selection of a facility site shall not conflict with applicable federal and host state laws, regulations and rules not inconsistent with this compact and shall be based on factors including, but not limited to, geological, environmental and economic viability of possible facility locations. "d. Any party state designated as a host state may request the Commission to relieve that state of the responsibility to serve as a host state. The Commission may relieve a party state of this responsibility only upon a showing by the requesting party state that no feasible potential regional facility site of the type it is designated to host exists within its borders. "e. After a state is designated a host state by the Commission, it is responsible for the timely development and operation of a regional facility. "f. To the extent permitted by federal and state law, a host state shall regulate and license any facility within its borders and ensure the extended care of that facility. "g. The Commission may designate a party state as a host state while a regional facility is in operation if the Commission determines that an additional regional facility is or may be required to meet the needs of the region. The Commission shall make this designation following the procedures established under Article IV. "h. Designation of a host state is for a period of 20 years or the life of the regional facility which is established under that designation, whichever is longer. Upon request of a host state, the Commission may modify the period of its designation. "i. A host state may establish a fee system for any regional facility within its borders. The fee system shall be reasonable and equitable. This fee system shall provide the host state with sufficient revenue to cover any cost, including but not limited to the planning, siting, licensure, operation, decommissioning, extended care and long-term liability, associated with such facilities. This fee system may also include reasonable revenue beyond costs incurred for the host state, subject to approval by the Commission. A host state shall submit an

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/789

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1899

annual financial audit of the operation of the regional facility to the Commission. The fee system may include incentives for source reduction and may be based on the hsizard of the waste as well as the volume. " j. A host state shall ensure that a regional facility located within its borders which is permanently closed is properly decommissioned. A host state shall also provide for the care of a closed or decommissioned regional facility within its borders so that the public health and safety of the state and region are ensured. "k. A host state intending to close a regional facility located within its borders shall notify the Commission in writing of its intention and the reasons. Notification shall be given to the Commission at leeist five years prior to the intended date of closure. This section shall not prevent an emergency closing of a regional facility by a host state to protect its air, land and water resources and the health and safety of its citizens. However, a host state which has an emergency closing of a regional facility shall notify the Commission in writing within three working days of its action and shall, within 30 working days of its action, demonstrate justification for the closing. "1. If a regional facility closes before an additional or new facility becomes operational, waste generated within the region may be shipped temporarily to any location agreed on by the Commission until a regional facility is operational. "m. A party state which is designated as a host state by the Commission and fails to fulfill its obligations as a host state may have its privileges under the compact suspended or membership in the compact revoked by the Commission.

Health. Safety.

Prohibition.

"ARTICLE VII. OTHER LAWS AND REGULATIONS 'a. Nothing in this compact: " 1. Abrogates or limits the applicability of any act of Congress or diminishes or otherwise impairs the jurisdiction of any federal agency expressly conferred thereon by the Congress; "2. Prevents the enforcement of any other law of a party state which is not inconsistent with this compact; "3. Prohibits any storage or treatment of waste by the generator on its own premises; "4. Affects any administrative or judicial proceeding pending on the effective date of this compact; "5. Alters the relations between and the respective internal responsibility of the government of a party state and its subdivisions; "6. Affects the generation, treatment, storage or disposal of waste generated by the atomic energy defense activities of the Secretary of the U.S. Department of Energy or successor agencies or federal research and development activities as described in section 31 of the Atomic Energy Act of 1954 (42 U.S.C. 2051); or "7. Affects the rights and powers of any party state or its political subdivisions to the extent not inconsistent with this compact, to regulate and license any facility or the transportation of waste within its borders or affects the rights and powers of any party state and its political subdivisions to tax or impose fees on the waste managed at any facility within its borders.

Prohibitions.

Research and development.

Transportation. Taxes.

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text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/790

 99 STAT. 1900 Contracts.

Prohibition. Regulations.

PUBLIC LAW 99-240—JAN. 15, 1986

"8. Requires a party state to enter into any agreement with the U.S. Nuclear Regulatory Commission. "9. Alters or limits liability of transporters of waste, owners and operators of sites for their acts, omissions, conduct or relationships in accordance with applicable laws, "b. For purp€>ses of this compact, all state laws or parts of laws in conflict with this compact are hereby superseded to the extent of the conflict. "c. No law, rule or regulation of a party state or of any of its subdivisions or instrumentalities may be applied in a manner which discriminates against the generators of another party state. "ARTICLE V m. ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION, ENTRY INTO FORCE, TERMINATION

Delaware. Illinois. Indiana. Iowa. Kansas. Kentucky. Maryland. Michigan. Minnesota. Missouri. Nebraska. North Dakota. Ohio. South Dakota. Virginia. Wisconsin.

Prohibition.

"a. Eligible parties to this compact are the states of Delaware, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, Virginia and Wisconsin. Eligibility terminates on July 1, 1984, "b. Any state not eligible for membership in the compact may petition the Commission for eligibility. The Commission may establish appropriate eligibility requirements. These requirements may include but are not limited to, an eligibility fee or designation as a host state. A petitioning state becomes eligible for membership in the compact upon the approval of the Commission, including the affirmative vote of all host states. Any state becoming eligible upon the approval of the Commission becomes a member of the compact in the same manner as any state eligible for membership at the time this compact enters into force. "c. An eligible state becomes a party state when the state enacts the compact into law and pays the membership fee required in Article III.j.l. "d. The Commission is formed upon the appointment of Commission members and the tender of the membership fee payable to the Commission by three party states. The Governor of the first state to enact this compact shall convene the initial meeting of the Commission. The Commission shall cause legislation to be introduced in the Congress which grants the consent of the Congress to this compact, and shall take action necessary to organize the Commission and implement the provision of this compact. "e. Any party state may withdraw from this compact by repealing the authorizing legislation but no withdrawal may take effect until five years after the governor of the withdrawing state gives notice in writing of the withdrawal to the Commission and to the governor of each party state. Withdrawal does not affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal. Any host state which grants a disposal permit for waste generated in a withdrawing state shall void the permit when the withdrawal of that state is effective. "f. Any party state which fails to comply with the terms of this compact or fails to fulfill its obligations may have its privileges suspended or its membership in the compact revoked by the Commission in accordance with Article III.h.6. Revocation takes effect one year from the date the affected party state receives written notice from the Commission of its action. All legal rights of the affected party state established under this compact cease upon the effective date of revocation but any legal obligations of that

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text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/791

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1901

party state arising prior to revocation continue until they are fulfilled. The chairperson of the Commission shall transmit written notice of a revocation of a party state's membership in the compact immediately following the vote of the Commission to the governor of the affected party state, all other governors of the party states and the Congress of the United States. "g. This compact becomes effective upon enactment by at least Effective date. three eligible states and consent to this compact by Congress. The Congress shall have an opportunity to withdraw such consent every five years. Failure of the Congress to affirmatively withdraw its consent has the effect of renewing consent for an additional five year period. The consent given to this compact by the Congress shall extend to any future admittance of new party states under sections b. and c. of this article and to the power of the Commission to ban the shipment of waste from the region pursuant to Article IIL "h. The withdrawal of a party state from this compact under section e. of this article or the suspension or revocation of a state's membership in this compact under section f. of this article does not affect the applicability of this compact to the remaining party states. "i. A state which has been designated by the Commission to be a host state has 90 days from receipt by the Governor of written notice of designation to withdraw from the compact without any right to receive refund of any funds already paid pursuant to this compact, and without any further payment. Withdrawal becomes effective immediately upon notice as provided in section e. of this article. A designated host state which withdraws from the compact after 90 days and prior to fulfilling its obligations shall be assessed a sum the Commission determines to be necessary to cover the costs borne by the Commission and remaining party states as a result of that withdrawal. "ARTICLE IX. PENALTIES "a. Each party state shall prescribe and enforce penalties against any person who is not an official of another state for violation of any provision of this compact. "b. Unless otherwise authorized by the Commission pursuant to Article Ill.h. after January 1, 1986, it is a violation of this compact: " 1. For any person to deposit at a regional facility waste not generated within the region; "2. For any regional facility to accept waste not generated within the region; "3. For any person to export from the region waste which is Exports, generated within the region; or "4. For any person to dispose of waste at a facility other than a regional facility, "c. Each party state acknowledges that the receipt by a host state Regulations. of waste packaged or transported in violation of applicable laws, rules and regulations may result in the imposition of sanctions by the host state which may include suspension or revocation of the violator's right of access to the facility in the host state. "d. Each party state has the right to seek legal recourse against any party state which acts in violation of this compact.

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text: Myrtle and Myrrh/The Philistine

title: Myrtle and Myrrh/The Philistine


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/792

 99 STAT. 1902

PUBLIC LAW 99-240—JAN. 15, 1986 "ARTICLE X. SEVERABILITY AND CONSTRUCTION

Provisions held invalid.

"The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared by a court of competent jurisdiction to be contrary to the Constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If any provision of this compact shall be held contrary to the Constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as to all severable matters.".

42 USC 2021d note. Arizona. Colorado. Nevada. New Mexico. Utah. Wyoming.

SEC. 226. ROCKY MOUNTAIN LOW-LEVEL RADIOACTIVE WASTE COMPACT.

In accordance with section 4(a)(2) of the Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021d(a)(2)), the consent of the Congress hereby is given to the States of Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming to enter into the Rocky Mountain Interstate Low-Level Radioactive Waste Compact. Such compact is substantially as follows: 'ROCKY MOUNTAIN LOW-LEVEL RADIOACTIVE WASTE COMPACT "ARTICLE I. FINDINGS AND PURPOSE

Research and development.

42 USC 2021b note. Health. Safety.

"(a) The party states agree that each state is responsible for providing for the management of low-level radioactive waste generated within its borders, except for waste generated as a result of defense activities of the federal government or federal research and development activities. Moreover, the party states find that the United States Congress, by enacting the Ijow-Level Radioactive Waste Policy Act' (P. L. 96-573), has encouraged the use of interstate compacts to provide for the establishment and operation of facilities for regional management of low-level radioactive waste. "(b) It is the purpose of the party states, by entering into an interstate compact, to establish the means for cooperative effort in managing low-level radioactive waste; to ensure the availability and economic viability of sufficient facilities for the proper and efficient management of low-level radioactive waste generated within the region while preventing unnecessary and uneconomic proliferation of such facilities; to encourage reduction of the volume of low-level radioactive waste requiring disposal within the region; to restrict management within the region of low-level radioactive waste generated outside the region; to distribute the costs, benefits and obligations of low-level radioactive waste management equitably among the party states; and by these means to promote the health, safety and welfare of the residents within the region. "ARTICLE II. DEFINITIONS

"As used in this compact, unless the context clearly indicates otherwise: "(a) 'Board' means the Rocky Mountain low-level radioactive waste board; "(b) 'Carrier' means a person who transports low-level waste;

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text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/793

 PUBLIC LAW 99-240—JAN. 15, 1986 "(c) 'Disposal' means the isolation of waste from the biosphere, with no intention of retrieval, such as by land burial; "(d) 'Facility' means any property, equipment or structure used or to be used for the management of low-level waste; "(e) 'Generate' means to produce low-level waste; "(f) 'Host state' means a party state i - which a regional facility is located or being developed; "(g) 'Low-level waste or 'waste' means radioactive waste other than: "(i) Weiste generated as a result of defense activities of the federal government or federal research and development activities; "(ii) High-level waste such as irradiated reactor fuel, liquid waste from reprocessing irradiated reactor fuel, or solids into which any such liquid waste has been converted; "(iii) Waste material containing transuranic elements with contamination levels greater than ten (10) nanocuries per gram of waste material; "(iv) By-product material as defined in Section lle.(2) of the 'Atomic Energy Act of 1954,* as amended November 8, 1978;or "(v) Wastes from mining, milling, smelting or similar processing of ores and mineral-bearing material primarily for minerals other than radium. "(h) 'Management' means collection, consolidation, storage, treatment, incineration or disposal; "(i) 'Operator' means a person who operates a regional facility; "(j) 'Person' means an individual, corporation, partnership or other legal entity, whether public or private; "(k) 'Region' means the combined geographic area within the boundaries of the party states; and "(1) 'Regional facility' means a facility within any party state which either: "(i) has been approved as a regional facility by the board; or "(ii) is the low-level waste facility in existence on January 1, 1982, at Beatty, Nevada.

99 STAT. 1903

Nevada.

"ARTICLE III. RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS

"(a) There shall be regional facilities sufficient to manage the lowlevel waste generated within the region. At least one (1) regional facility shall be open and operating in a party state other than Nevada within six (6) years after this compact becomes law in Nevada and in one (1) other state. "(b) Low-level waste generated within the region shall be managed at regional facilities without discrimination among the party states; provided, however, that a host state may close a regional facility when necessary for public health or safety. "(c) Each party state which, according to reasonable projections made by the board, is expected to generate twenty percent (20%) or more in cubic feet except as otherwise determined by the board of the low-level waste generated within the region has an obligation to become a host state in compliance with subsection (d) of this article. "(d) A host state, or a party state seeking to fulfill its obligation to become a host state, shall:

Nevada.

Health. Safety.

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text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/794

 99 STAT. 1904

Health. S^^®*y

Report.

Report.

Nevada.

Transportation. Regulations,

Transportation. Regulations.

PUBLIC LAW 99-240—JAN. 15, 1986

"(i) Cause a regional facility to be developed on a timely basis as determined by the board, and secure the approval of such regional facility by the board as provided in Article IV before allowing site preparation or physical construction to begin; "(ii) Ensure by its own law, consistent with any applicable federal law, the protection and preservation of public health and safety in the siting, design, development, licensure or other regulation, operation, closure, decommissioning and long-term care of the regional facilities within the state; "(iii) Subject to the approval of the board, ensure that charges for management of low-level waste at the regional facilities within the state are reasonable; "(iv) Solicit comments from each other party state and the board regarding siting, design, development, licensure or other regulation, operation, closure, decommissioning and long-term care of the regional facilities within the state and respond in writing to such comments; "(v) Submit an annual report to the board which contains projections of the anticipated future capacity and availability of the regional facilities within the state, together with other information required by the board; and "(vi) Notify the board immediately if any exigency arises requiring the possible temporary or permanent closure of a regional facility within the state at a time earlier than was projected in the state's most recent annual report to the board. "(e) Once a party state has served as a host state, it shall not be obligated to serve again until each other party state having an obligation under subsection (c) of this article has fulfilled that obligation. Nevada, already being a host state, shall not be obligated to serve again as a host state until every other party state has so served. "(0 Each party state: "(i) Agrees to adopt and enforce procedures requiring lowlevel waste shipments originating within its borders and destined for a regional facility to conform to packaging and transportation requirements and regulations. Such procedures shall include but are not limited to: "(A) Periodic inspection of packaging and shipping practices; "(B) Periodic inspections of waste containers while in the custody of carriers; and "(C) Appropriate enforcement actions with respect to violations. "(ii) Agrees that after receiving notification from a host state that a person in the party state has violated packaging, shipping or transportation requirements or regulations, it shall take appropriate action to ensure that violations do not recur. Appropriate action may include but is not limited to the requirement that a bond be posted by the violator to pay the cost of repackaging at the regional facility and the requirement that future shipments be inspected; "(iii) May impose fees to recover the cost of the practices provided for in paragraph (i) and (ii) of this subsection; "(iv) Shall maintain an inventory of all generators within the state that may have low-level waste to be managed at a regional facility; and

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text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/795

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1905

"(v) May impose requirements or regulations more stringent than those required by this subsection.

Regulations.

"ARTICLE IV. BOARD APPROVAL OF REGIONAL FACILITIES

"(a) Within ninety (90) days after being requested to do so by a party state, the board shall approve or disapprove a regional facility to be located within that state. "(b) A regional facility shall be approved by the board if and only if the board determines that: "(i) There will be, for the foreseeable future, sufficient demand to render operation of the proposed facility economically feasible without endangering the economic feasibility of operation of any other regional facility; and "(ii) The facility will have sufficient capacity to serve the needs of the region for a reasonable period of years. "ARTICLE V. SURCHARGES

"(a) The board shall impose a 'compact surcharge' per unit of waste received at any regional facility. The surcharge shall be adequate to pay the costs and expenses of the board in the conduct of its authorized activities and may be increased or decreased as the board deems necessary. "(b) A host state may impose a 'state surcharge' per unit of waste received at any regional facility within the state. The host state may fix and change the amount of the state surcharge subject to approval by the board. Money received from the state surcharge may be used by the host state for any purpose authorized by its own law, including but not limited to costs of licensure and regulatory activities related to the regional facility, reserves for decommissioning and long-term care of the regional facility and local impact assistance. "ARTICLE VI. THE BOARD

"(a) The 'Rocky Mountain low-level radioactive wsiste board', which shall not be an agency or instrumentality of any party state, is created. "(b) The board shall consist of one (1) member from each party state. The governor shall determine how and for what term its member shall be appointed, and how and for what term any alternate may be appointed to perform that member's duties on the board in the member's absence. "(c) Each party state is entitled to one (1) vote. A majority of the board constitutes a quorum. Unless otherwise provided in this compact, a majority of the total number of votes on the board is necessary for the board to take any action. "(d) The board shall meet at least once a year and otherwise as its business requires. Meetings of the board may be held in any place within the region deemed by the board to be reasonably convenient for the attendance of persons required or entitled to attend and where adequate accommodations may be found. Reasonable public notice and opportunity for comment shall be given with respect to any meeting; provided, however, that nothing in this subsection shall preclude the board from meeting in executive session when seeking legal advice from its attorneys or when discussing the employment, discipline or termination of any of its employees.

Rocky Mountain Low-Level Radioactive Waste Board, establishment. Prohibition.

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text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/796

 99 STAT. 1906

Contracts.

Audit. Report. Report.

Grants. Report.

Report.

PUBLIC LAW 99-240—JAN. 15, 1986

"(e) The board shall pay necessary travel and reasonable per diem expenses of its members, alternates, and advisory committee members. "(f) The board shall organize itself for the efficient conduct of its business. It shall adopt and publish rules consistent with this compact regarding its organization and procedures. In special circumstances the board, with unanimous consent of its members, may take actions by telephone; provided, however, that any action taken by telephone shall be confirmed in writing by each member within thirty (30) days. Any action taken by telephone shall be noted in the minutes of the board. "(g) The board may use for its purposes the services of any personnel or other resources which may be offered by any party state. "(h) The board may establish its offices in space provided for that purpose by any of the party states, or, if space is not provided or is deemed inadequate, in any space within the region selected by the board. "(i) Consistent with available funds, the board may contract for necessary personnel services to carry out its duties. Staff shall be employed without regard for the personnel, civil service, or merit system laws of any of the party states and shall serve at the pleasure of the board. The board may provide appropriate employee benefit programs for its staff. "(j) The board shall establish a fiscal year which conforms to the extent practicable to the fiscal years of the party states. "(k) The board shall keep an accurate account of all receipts and disbursements. An annual audit of the books of the board shall be conducted by an independent certified public accountant, and the audit report shall be made a part of the annual report of the board. "(1) The board shall prepare and include in the annual report a budget showing anticipated receipts and disbursements for the ensuing year. "(m) Upon legislative enactment of this compact, each party state shall consider the need to appropriate seventy thousand dollars ($70,000.00) to the board to support its activities prior to the collection of sufficient funds through the compact surcharge imposed pursuant to subsection (a) of article V of this compact. "(n) The board may accept any donations, grants, equipment, supplies, materials or services, conditional or otherwise, from any source. The nature, amount and condition, if any, attendant upon any donation, grant or other resources accepted pursuant to this subsection, together with the identity of the donor or grantor, shall be detailed in the annual report of the board. "(o) In addition to the powers and duties conferred upon the board pursuant to other provisions of this compact, the board: "(i) Shall submit communications to the governors and to the presiding officers of the legislatures of the party states regarding the activities of the board, including an annual report to be submitted by December 15; "(ii) May Eissemble and make available to the governments of the party states and to the public through its members information concerning low-level waste management needs, technologies and problems; "(iii) Shall keep a current inventory of all generators within the region, based upon information provided by the party states;

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text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/797

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1907

"(iv) Shall keep a current inventory of all regional facilities, including information on the size, capacity, location, specific wastes capable of being maneiged and the projected useful life of each regional facility; "(v) May keep a current inventory of all low-level waste facilities in the region, based upon information provided by the party states; "(vi) Shall ascertain on a continuing basis the needs for regional facilities and capacity to manage each of the various classes of low-level waste; "(vii) May develop a regional low-level waste management plan; "(viii) May establish such advisory committees as it deems necessary for the purpose of advising the board on matters pertaining to the management of low-level waste; "(ix) May contract as it deems appropriate to accomplish its duties and effectuate its powers, subject to its projected available resources; but no contract made by the board shall bind any party state; "(x) Shall make suggestions to appropriate officials of the party states to ensure that adequate emergency response programs are available for dealing with any exigency that might arise with respect to low-level waste transportation or management; "(xi) Shall prepare contingency plans, with the cooperation and approval of the host state, for management of low-level waste in the event any regional facility should be closed; "(xii) May examine all records of operators of regional facilities pertaining to operating costs, profits or the assessment or collection of any charge, fee or surcharge; "(xiii) Shall have the power to sue; and "(xiv) When authorized by unanimous vote of its members, may intervene as of right in any administrative or judicial proceeding involving low-level waste.

Contracts. Prohibition.

Records.

"ARTICLE VII. PROHIBITED ACTS AND PENALTIES

"(a) It shall be unlawful for any person to dispose of low-level waste within the region, except at a regional facility; provided, however, that a generator who, prior to January 1, 1982, had been disposing of only his own waste on his own property may, subject to applicable federal and state law, continue to do so. (b) After January 1, 1986, it shall be unlawful for any person to export low-level waste which was generated within the region outside the region unless authorized to do so by the board. In determining whether to grant such authorization, the factors to be considered by the board shall include, but not be limited to, the following: "(i) The economic impact of the export of the waste on the regional facilities; "(ii) The economic impact on the generator of refusing to permit the export of the waste; and "(iii) The availability of a regional facility appropriate for the disposal of the waste involved. "(c) After January 1, 1986, it shall be unlawful for any person to manage any low-level waste within the region unless the waste was generated within the region or unless authorized to do so both by the board and by the state in which said management takes place.

Exports.

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text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/798

 99 STAT. 1908

Imports.

PUBLIC LAW 99-240—JAN. 15, 1986

In determining whether to grant such authorization, the factors to be considered by the board shall include, but not be limited to, the following: "(i) the impact of importing waste on the available capacity and projected life of the regional facilities; "(ii) the economic impact on the regional facilities; and "(iii) the availability of a regional facility appropriate for the disposal of the t3T)e of waste involved. "(d) It shall be unlawful for any person to manage at a regional facility any radioactive waste other than low-level waste as defined in this compact, unless authorized to do so both by the board and the host state. In determining whether to grant such authorization, the factors to be considered by the board shall include, but not be limited to, the following: "(i) the impact of allowing such management on the available capacity and projected life of the regional facilities; "(ii) the availability of a facility appropriate for the disposal of the type of waste involved; "(iii) the existence of transuranic elements in the waste; and "(iv) the economic impact on the regional facilities. "(e) Any person who violates subsection (a) or (b) of this article shall be liable to the board for a civil penalty not to exceed ten (10) times the charges which would have been charged for disposal of the waste at a regional facility. "(f) Any person who violates subsection (c) or (d) of this article shall be liable to the board for a civil penalty not to exceed ten (10) times the charges which were charged for management of the waste at a regional facility. "(g) The civil penalties provided for in subsections (e) and (f) of this article may be enforced and collected in any court of general jurisdiction within the region where necessary jurisdiction is obtained by an appropriate proceeding commenced on behalf of the board by the attorney general of the party state wherein the proceeding is brought or by other counsel authorized by the board. In any such proceeding, the board, if it prevails, is entitled to recover reasonable attorney's fees as part of its costs. "(h) Out of any civil penalty collected for a violation of subsection (a) or 0)) of this article, the board shall pay to the appropriate operator a sum sufficient in the judgment of the board to compensate the operator for any loss of revenue attributable to the violation. Such compensation may be subject to state and compact surcharges as if received in the normal course of the operator's business. The remainder of the civil penalty collected shall be allocated by the board. In making such allocation, the board shall give first priority to the needs of the long-term care funds in the region. "(i) Any civil penalty collected for a violation of subsection (c) or (d) of this article shall be allocated by the board. In making such allocation, the board shall give first priority to the needs of the longterm care funds in the region. "(j) Violations of subsection (a), (b), (c), or (d) of this article may be enjoined by any court of general jurisdiction within the region where necessary jurisdiction is obtained in any appropriate proceeding commenced on behalf of the board by the attorney general of the party state wherein the proceeding is brought or by other counsel authorized by the board. In any such proceeding, the board, if it

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text: All Quiet along the Potomac and other poems/The November Garden


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Page:United States Statutes at Large Volume 99 Part 2.djvu/799

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1909

prevails, is entitled to recover reasonable attorney's fees as part of its costs. "(k) No state attorney general shall be required to bring any proceeding under any subsection of this article, except upon his consent.

Prohibition.

"ARTICLE VII L ELIGIBILITY, ENTRY INTO EFFECT, CONGRESSIONAL CONSENT, WITHDRAWAL, EXCLUSION

"(a) Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming Arizona. are eligible to become parties to this compact. Any other state may Colorado. Nevada. be made eligible by unanimous consent of the board. New Mexico. "(b) An eligible state may become a party state by legislative Utah. Wyoming. enactment of this compact or by executive order of its governor adopting this compact; provided, however, a state becoming a party by executive order shall cease to be a party state upon adjournment of the first general session of its legislature convened thereafter, unless before such adjournment the legislature shall have enacted this compact. "(c) This compact shall take effect when it has been enacted by the Effective date. legislatures of two (2) eligible states. However, subsections (b) and (c) of article VII shall not take effect until Congress has by law consented to this compact. Every five (5) years after such consent has been given. Congress may by law withdraw its consent. "(d) A state which has become a party state by legislative enact- Nevada. ment may withdraw by legislation repealing its enactment of this compact; but no such repeal shall take effect until two (2) years after enactment of the repealing legislation. If the withdrawing state is a host state, any regional facility in that state shall remain available to receive low-level waste generated within the region until five (5) years after the effective date of the withdrawal; provided, however, this provision shall not apply to the existing facility in Beatty, Nevada. "(e) A party state may be excluded from this compact by a twothirds (%) vote of the members representing the other party states, acting in a meeting, on the ground that the state to be excluded has failed to carry out its obligation under this compact. Such an exclusion may be terminated upon a two-thirds (%) vote of the members acting in a meeting. "ARTICLE IX. CONSTRUCTION AND SEVERABILITY

"(a) The provisions of this compact shall be broadly construed to carry out the purposes of the compact. "(b) Nothing in this compact shall be construed to affect any Prohibition judicial proceeding pending on the effective date of this compact. "(c) If any part or application of this compact is held invalid, the Provisions held remainder, or its application to other situations or persons, shall not invalid. be affected.". SEC. 227. NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT.

42 USC 2021d note.

In accordance with section 4(a)(2) of the Low-Level Radioactive Waste Policy Act, the consent of the Congress is hereby given to the States of Connecticut, New Jersey, Delaware, and Maryland to enter into the Northeast Interstate Low-Level Radioactive Waste Management Ck}mpact. Such compact is substantially as follows:

Connecticut. New Jersey. Delaware. Maryland. 42 USC 2021d.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/800

 99 STAT. 1910

PUBLIC LAW 99-240—JAN. 15, 1986 "ARTICLE L POLICY AND PURPOSE

Research and development.

42 USC 2021b note.

Health. Safety.

"There is hereby created the Northeast Interstate Low-Level Radioactive Waste Management Compact. The party states recognize that the Congress has declared that each state is responsible for providing for the availability of capacity, either within or outside its borders, for disposal of low-level radioactive waste generated within its borders, except for waste generated as a result of atomic energy defense activities of the federal government, as defined in the LowLevel Radioactive Waste Policy Act (P.L. 96-573, 'The Act'), or federal research and development activities. They also recognize that the management of low-level radioactive waste is handled most efficiently on a regional basis. The party states further recognize that the Congress of the United States, by enacting the Act has provided for and encouraged the development of regional low-level radioactive waste compacts to manage such waste. The party states recognize that the long-term, safe and efficient management of lowlevel radioactive waste generated within the region requires that sufficient capacity to manage such waste be properly provided. "In order to promote the health and safety of the region, it is the policy of the party states to: enter into a regional low-level radioactive waste management compact as a means of facilitating an interstate cooperative effort, provide for proper transportation of low-level waste generated in the region, minimize the number of facilities required to effectively and efficiently manage low-level radioactive wsiste generated in the region, encourage the reduction of the amounts of low-level waste generated in the region, distribute the costs, benefits, and obligations of proper low-level radioactive waste management equitably among the party states, and ensure the environmentfdly sound and economical management of low-level radioactive waste. "ARTICLE II. DEFINITIONS

"As used in this compact, unless the context clearly requires a different construction: "a. 'commission' means the Northeast Interstate Low-Level Radioactive Waste Commission established pursuant to Article IV of this compact; "b. 'custodial agency' means the agency of the government designated to act on behalf of the government owner of the regional facility; c. 'disposal' means the isolation of low-level radioactive waste from the biosphere inhabited by man and his food chains; "d. 'facility' means a parcel of land, together with the structures, equipment and improvements thereon or appurtenant thereto, which is used or is being developed for the treatment, storage or disposal of low-level waste, but shall not include onsite treatment or storage by a generator; "e. 'generator' means a person who produces or processes lowlevel waste, but does not include persons who only provide a service by arranging for the collection, transportation, treatment, storage or disposal of wastes generated outside the region; "f. 'high-level waste' means 1) the highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from such liquid waste that contains fission

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Page:United States Statutes at Large Volume 99 Part 2.djvu/801

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1911

products in sufficient concentration; and 2) any other highly radioactive material determined by the federal government as requiring permanent isolation; "g. 'host state' means a party state in which a regional facility is located or being developed; "h. 'institutional control' means the continued observation, monitoring, and care of the regional facility following transfer of control of the regional facility from the operator to the custodial agency; "i. 'low-level waste' means radioactive waste that 1) is neither high-level waste nor transuranic waste, nor spent nuclear fuel, nor by-product material as defined in section lie (2) of the Atomic Energy Act of 1954 as amended; and 2) is classified by the federal government as low-level waste, consistent with existing law; but does not include waste generated as a result of atomic energy defense activities of the federal government, as defined in P.L. 96-573, or federal research and development activities; "j. 'party state' means any state which is a signatory party in good standing to this compact; "k. 'persoir means an individual, corporation, business enterprise or other legal entity, either public or private and their legal successors; "1. 'post-closure observation and maintenance' means the continued monitoring of a closed regional facility to ensure the integrity and environmental safety of the site through compliance with applicable licensing and regulatory requirements; prevention of unwarranted intrusion, and correction of problems; "m. 'region' means the entire area of the party states; "n. 'regional facility' means a facility as defined in this section which has been designated or accepted by the Commission; "o. 'state' means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands or any other territory subject to the laws of the United States; 'p. 'storage' means the holding of waste for treatment or q. 'transuranic waste' means waste material containing radionuclides with an atomic number greater than 92 which are excluded from shallow land burial by the federal government; "r. 'treatment' means any method, technique or process, including storage for decay, designed to change the physical, chemical or biological characteristics or composition of any waste in order to render such waste safer for transport or disposal, amenable for recovery, convertible to another usable material or reduced in volume; "s. 'waste' means low-level radioactive waste as defined in this section; "t. 'waste management' means the storage, treatment, transportation, and disposal, where applicable, of waste. "ARTICLE III. RIGHTS AND OBLIGATIONS

"a. There shall be provided within the region one or more regional facilities which, together with such other facilities as may be made

26: QL. 3

Part 2

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Page:United States Statutes at Large Volume 99 Part 2.djvu/802

 99 STAT. 1912

Prohibition. Exports.

Prohibition.

Transportation. Regulations.

Prohibition. Transportation.

PUBLIC LAW 99-240—JAN. 15, 1986

available to the region, will provide sufficient capacity to manage all wastes generated within the region. " 1. Regional facilities shall be entitled to waste generated within the region, unless otherwise provided by the Commission. To the extent regional facilities are available, no waste generated within a party state shall be exported to facilities outside the region unless such exportation is approved by the Commission and the affected host state(s). "2. After January 1, 1986, no person shall deposit at a regional facility waste generated outside the region, and further, no regional facility shall accept waste generated outside the region, unless approved by the Commission and the affected host state(s). "b. The rights, responsibilities and obligations of each party state to this compact are as follows: " 1. Each party state shall have the right to have all wastes generated within its borders managed at regional facilities, and shall have the right of access to facilities made available to the region through agreements entered into by the Commission pursuant to Article IV(i)(ll). The right of access by a generator within a party state to any regional facility is limited by the generator s adherence to applicable state and federal laws and regulations and the provisions of this compact. "2. To the extent not prohibited by federal law, each party state shall institute procedures which will require shipments of low-level waste generated within or passing through its borders to be consistent with applicable federal packaging and transportation regulations and applicable host state packaging and transportation regulations for management of low-level waste; provided, however, that these practices shall not impose unreasonable, burdensome impediments to the management of low-level waste in the region. Upon notification by a host state that a generator, shipper, or carrier within the party state is in violation of applicable packaging or transportation regulations, the party state shall take appropriate action to ensure that such violations do not recur. "3, Each party state may impose reasonable fees upon generators, shippers, or carriers to recover the cost of inspections and other practices under this compact. "4. Each party state shall encourage generators within its borders to minimize the volumes of waste requiring disposal. "5. Each party state has the right to rely on the good faith performance by every other party state of acts which ensure the provision of facilities for regional availability and their use in a manner consistent with this compact. "6. Each party state shall provide to the Commission any data and information necessary for the implementation of the Commission's responsibilities, and shall establish the capability to obtain any data and information necessary to meet its obligation as herein defined. "7. Each party state shall have the capability to host a regional facility in a timely manner and to ensure the postclosure observation and maintenance, and institutional control of any regional facility within its borders. "8. No non-host party stete shall be liable for any injury to persons or property resulting from the operation of a regional facility or the transportation of waste to a regional facility;

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Page:United States Statutes at Large Volume 99 Part 2.djvu/803

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1913

however, if the host state itself is the operator of the regional facility, its liability shall be that of any private operator, "c. The rights, responsibilities and obligations of a host state are as follows: " 1. To the extent not prohibited by federal law, a host state shall ensure the timely development and the safe operation, closure, post-closure observation and maintenance, and institutional control of any regional facility within its borders. "2. In accordance with procedures established in Articles V and IX, the host state shall provide for the establishment of a reasonable structure of fees sufficient to cover all costs related to the development, operation, closure, post-closure observation and maintenance, and institutional control of a regional facility. It may also establish surcharges to cover the regulatory costs, incentives, and compensation associated with a regional facility; provided, however, that without the express approval of the Commission, no distinction in fees or surcharges shall be made between persons of the several states party to this compact. "3. To the extent not prohibited by federal law, a host state may establish requirements and regulations pertaining to the management of waste at a regional facility; provided, however, that such requirements shall not impose unreasonable impediments to the management of low-level waste within the region. Nor may a host state or a subdivision impose such restrictive requirements on the siting or operation of a regional facility that, along or as a whole, they serve as unreasonable barriers or prohibitions to the siting or operation of such a facility. "4. Each host state shall submit to the Commission annually a report concerning each operating regional facility within its borders. The report shall contain projections of the anticipated future capacity and availability of the regional facility, a financial audit of its operations, and other information as may be required by the Commission; and in the case of regional facilities in institutional control or otherwise no longer operating, the host states shall furnish such information as may be required on the facilities still subject to their jurisdiction. "5, A host state shall notify the Commission immediately if any exigency arises which requires the permanent, temporary, or possible closure of any regional facility located therein at a time earlier than projected in its most recent annual report to the Commission. The Commission may conduct studies, hold hearings, or take such other measures to ensure that the actions taken are necessary and compatible with the obligations of the host state under this compact.

Prohibition.

Regulations. Prohibition.

Report. Audit.

Report.

Studies.

"ARTICLE IV. THE COMMISSION

"a. There is hereby created the Northeast Interstate Low-Level Radioactive Waste Commission. The Commission shall consist of one member from each party state to be appointed by the Governor according to procedures of each party state, except that a host state shall have two members during the period that it has an operating regional facility. The Governor shall notify the Commission in writing of the identity of the member and one alternate, who may act on behalf of the member only in the member's absence.

Northeast Interstate LowLevel Radioactive Waste Commission, establishment.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/804

 99 STAT. 1914 Prohibition.

Regulations.

Contracts.

Report.

Report. Studies. Regulation.

PUBLIC LAW 99-240—JAN. 15, 1986

"b. Each Commission member shall be entitled to one vote. No action of the Commission shall be binding unless a majority of the total membership cast their vote in the affirmative. "c. The Commission shall elect annually from among its members a presiding officer and such other officers as it deems appropriate. The Commission shall adopt and publish, in convenient form, such rules and regulations as are necessary for due process in the performance of its duties and powers under this compact. "d. The Commission shall meet at least once a year and shall also meet upon the call of the presiding officer, or upon the call of a party state member. "e. All meetings of the Commission shall be open to the public with reasonable prior public notice. The Commission may, by majority vote, close a meeting to the public for the purpose of considering sensitive personnel or legal matters. All Commission actions and decisions shall be made in open meetings and appropriately recorded. A roll call vote may be required upon request of any party state or the presiding officer. "f. The Commission may establish such committees as it deems necessary. "g. The Commission may appoint, contract for, and compensate such limited staff as it determines necessary to carry out its duties and functions. The staff shall serve at the Commission's pleasure irrespective of the civil service, personnel or other merit laws of any of the party states or the federal government and shall be compensated from funds of the Commission. "h. The Commission shall adopt an annual budget for its operations. "i. The Commission shall have the following duties and powers: " 1. The Commission shall receive and act on the application of a non-party state to become an eligible state in accordance with Article Vll(e). "2. The Commission shall receive and act on the application of an eligible state to become a party state in accordance with Article VII(b). "3. The Commission shall submit an annual report to and otherwise communicate with the governors and the presiding officer of each body of the legislature of the party states regarding the activities of the Commission. "4. Upon request of party states, the Commission shall mediate disputes which arise between the party states regarding this compact. "5. The Commission shall develop, adopt and maintain a regional management plan to ensure safe and effective management of waste within the region, pursuant to Article V. "6. The Commission may conduct such legislative or adjudicatory hearings, and require such reports, studies, evidence and testimony as are necessary to perform its duties and functions. "7. The Commission shall establish by regulation, after public notice and opportunity for comment, such procedural regulations as deemed necessary to ensure efficient operation, the orderly gathering of information, and the protection of the rights of due process of affected persons. "8. In accordance with the procedures and criteria set forth in Article V, the Commission shall accept a host state's proposed facility as a regional facility.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/805

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1915

Article V, the Commission may designate, by a two-thirds vote, host states for the establishment of needed regional facilities. The Commission shall not exercise this authority unless the party states have failed to voluntarily pursue the development of such facilities. "10. The Commission may require of and obtain from party states, eligible states seeking to become party states, and nonparty states seeking to become eligible states, data and information necessary for the implementation of Commission responsibilities. "11. The Commission may enter into agreements with any person, state, regional body, or group of states for the importation of waste into the region and for the right of access to facilities outside the region for waste generated within the region. Such authorization to import requires a two-thirds majority vote of the Commission, including an affirmative vote of the representatives of the host state in which any affected regional facility is located. This shall be done only after the Commission and the host state have made an assessment of the affected facilities' capability to handle such wastes and of relevant environmental, economic, and public health factors, as defined by the appropriate regulatory authorities. "12. The Commission may, upon petition, grant an individual generator or group of generators in the region the right to export wastes to a facility located outside the region. Such grant of right shall be for a period of time and amount of waste and on such other terms and conditions as determined by the Commission and approved by the affected host states. "13. The Commission may appear as an intervenor or party in interest before any court of law, federal, state or local agency, board or commission that has jurisdiction over the management of wastes. Such authority to intervene or otherwise appear shall be exercised only after a two-thirds vote of the Commission. In order to represent its views, the Commission may arrange for any expert testimony, reports, evidence or other participation as it deems necessary. "14. The Commission may impose sanctions, including but not limited to, fines, suspension of privileges and revocation of the membership of a party state in accordance with Article VII. The Commission shall have the authority to revoke, in accordance with Article VII(g), the membership of a party state that creates unreasonable barriers to the siting of a needed regional facility or refuses to accept host state responsibilities upon designation by the Commission. "15. The Commission shall establish by regulation criteria for and shall review the fee and surcharge systems in accordance with Articles V and IX. "16. The Commission shall review the capability of party states to ensure the siting, operation, post-closure observation and maintenance, and institutional control of any facility within its borders. "17. The Commission shall review the compact legislation every five years prior to federal congressional review provided for in the Act, and may recommend legislative action. "18. The Commission has the authority to develop and provide to party states such rules, regulations and guidelines as it deems appropriate for the efficient, consistent, fair and reasonable implementation of the compact.
 * '9. In accordance with the prcxiedures and criteria set forth in

Prohibition.

Contracts. Imports.

Exports.

Report.

Regulation.

Regulations.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/806

 99 STAT. 1916

Audit. Report.

Loans. Grants.

Report.

Prohibitions.

PUBLIC LAW 99-240—JAN. 15, 1986

" j. There is hereby established a Commission operating account. The Commission is authorized to expend monies from such account for the expenses of any staff and consultants designated under section (g) of this Article and for official Commission business. Financial support of the Commission account shall be provided as follows: " 1. Each eligible state, upon becoming a party state, shall pay $70,000 to the Commission, which shall be used for administrative cost of the Commission. "2. The Commission shall impose a 'commission surcharge' per unit of waste received at any regional facility as provided in Article V. "3. Until such time as at least one regional facility is in operation and accepting waste for management, or to the extent that revenues under paragraphs (1) and (2) of this section are unavailable or insufficient to cover the approved annual budget of the Commission, each party state shall pay an apportioned amount of the difference between the funds available and the total budget in accordance with the following formula: "(a) 20 percent in equal shares; "(b) 30 percent in the proportion that the population of the party state bears to the total population of all party states, according to the most recent U.S. census; "(c) 50 percent in the proportion that the waste generated for management in each party state bears to the total waste generated for management in the region for the most recent calendar year in which reliable data are available, as determined by the Commission. "k. The Commission shall keep accurate accounts of all receipts and disbursements. An independent certified public accountant shall annually audit all receipts and disbursements of Commission accounts and funds and submit an audit report to the Commission. Such audit report shall be made a part of the annual report of the Commission required by Article IV(i)(3). "1. The Commission may accept, receive, utilize and dispose for any of its purposes and functions any and all donations, loans, grants of money, equipment, supplies, materials and services (conditional or otherwise) from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm or corporation. The nature, amount and condition, if any, attendant upon any donation, loans, or grant accepted pursuant to this paragraph, together with the identity of the donor, grantor, or lender, shall be detailed in the annual report of the Commission. The Commission shall by rule establish guidelines for the acceptance of donations, loans, grants of money, equipment, supplies, materials and services. This shall provide that no donor, grantor or lender may derive unfair or unreasonable advantage in any proceeding before the Commission. "m. The Commission herein established is a body corporate and politic, separate and distinct from the party states and shall be so liable for its own actions. Liabilities of the Commission shall not be deemed liabilities of the party states, nor shall members of the Commission be personally liable for action taken by them in their official capacity. " 1. The Commission shall not be responsible for any costs or expenses associated with the creation, operation, closure, postclosure observation and maintenance, and institutional control of any regional facility, or any associated regulatory activities of the party states.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/807

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1917

"2. Except as otherwise provided herein, this compact shall not be construed to alter the incidence of liability of any kind for any act, omission, or course of conduct. Generators, shippers and carriers of wastes, and owners and operators of sites shall be liable for their acts, omissions, conduct, or relationships in accordance with all laws relating thereto. "n. The United States district courts in the District of Columbia shall have original jurisdiction of all actions brought by or against the Commission. Any such action initiated in a state court shall be removed to the designated United States district court in the manner provided by Act of June 25, 1948 as amended (28 U.S.C. § 1446). This section shall not alter the jurisdiction of the United States Court of Appeals for the District of Columbia Circuit to review the final administrative decisions of the Commission as set forth in the paragraph below. "o. The United States Court of Appeals for the District of Columbia Circuit shall have jurisdiction to review the final administrative decisions of the Commission. "1. Any person aggrieved by a final administrative decision may obtain review of the decision by filing a petition for review within 60 days after the Commission's final decision. "2. In the event that review is sought of the Commission's decision relative to the designation of a host state, the Court of Appeals shall accord the matter an expedited review, and, if the Court does not rule within 90 days after a petition for review has been filed, the Commission's decision shall be deemed to be affirmed. "3. The courts shall not substitute their judgment for that of the Commission as to the decisions of policy or weight of the evidence on questions of fact. The Court may affirm the decision of the Commission or remand the case for further proceedings if it finds that the petitioners has been aggrieved because the finding, inferences, conclusions or decisions of the Commission are: "a. in violation of the Constitution of the United States; "b. in excess of the authority granted to the Commission by this compact; "c. made upon unlawful procedure to the detriment of any person; "d. arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. "4. The Commission shall be deemed to be acting in a legislative capacity except in those instances where it decides, pursuant to its rules and regulations, that its determinations are adjudicatory in nature. "ARTICLE V. HOST STATE SELECTION AND DEVELOPMENT AND OPERATION OF REGIONAL FACILITIES

"a. The Commission shall develop, adopt, maintain, and implement a regional management plan to ensure the safe and efficient management of waste within the region. The plan shall include the following: "1. a current inventory of all generators within the region; "2. a current inventory of all facilities within the region, including information on the size, capacity, location, specific waste being handled, and projected useful life of each facility;

Courts, U.S. District of Columbia.

Prohibition.

Courts, U.S.

Prohibition.

Regulations.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/808

 99 STAT. 1918 Health. Safety.

Health. Safety.

Transportation.

Studies.

PUBLIC LAW 99-240—JAN. 15, 1986

"3. consistent with considerations for public health and safety as defined by appropriate regulatory authorities, a determination of the type and number of regional facilities which are presently necessary and projected to be necessary to manage waste generated within the region; "4. reference guidelines, as defined by appropriate regulatory authorities, for the party states for establishing the criteria and procedures to evaluate locations for regional facilities, "b. The Commission shall develop and adopt criteria and procedures for reviewing a party state which volunteers to host a regional facility within its borders. These criteria shall be developed with public notice and shall include the following factors: the capability of the volunteering party state to host a regional facility in a timely manner and to ensure ite post-closure observation and maintenance, and institutional control; and the anticipated economic feasibility of the proposed facility. ' 1. Any party state may volunteer to host a regional facility within ite borders. The Commission may set terms and conditions to encourage a party state to volunteer to be the first host state. "2. Consistent with the review required above, the Commission shall, upon a two-thirds affirmative vote, designate a volunteering party state to serve as a host state, "c. If all regional facilities required by the regional management plan are not developed pursuant to section (b), or upon notification that an existing facility will be closed, or upon determination that an additional regional facility is or may be required, the Commission shall convene to consider designation of a host state. " 1. The Commission shall develop and adopt procedures for designating a party state to be a host state for a regional facility. The Commission shall base ite decision on the following criteria: "a. the health, safety and welfare of citizens of the party states as defined by the appropriate regulatory authorities; "b. the environmental, economic, and social effecte of a regional facility on the party states; The Commission shall also base ite decision on the following criteria: "c. economic benefite and coste; "d. the volumes and types of waste generated within each party state; "e. the minimization of waste transportation; and "f. the existence of regional facilities within the party states. "2. Following ite established criteria and procedures, the Commission shall designate by a two-thirds affirmative vote a party state to serve as a host state. A current host state shall have the right of first refusal for a succeeding regional facility. "3. The Commission shall conduct such hearings and studies, and take such evidence and testimony as is required by ite approved procedures prior to designating a host state. Public hearings shall be held upon request in each candidate host state prior to final evaluation and selection. "4. A party state which has been designated as a host state by the Commission and which fails to fulfill ite obligations as a host state may have ite privileges under the compact suspended or membership in the compact revoked by the Commission, "d. E^ch host state shall be responsible for the timely identification of a site and the timely development and operation of a regional

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Page:United States Statutes at Large Volume 99 Part 2.djvu/809

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1919

facility. The proposed facility shall meet geologic, environmental and economic criteria which shall not conflict with applicable federal and host state laws and regulations. " 1. To the extent not prohibited by federal law, a host state may regulate and license any facility within its borders. "2. To the extent not prohibited by Federal law, a host state shall ensure the safe operation, closure, post-closure observation and maintenance, and institutional control of a facility, including adequate financial assurances by the operator and adequate emergency response procedures. It shall periodically review and report to the Commission on the status of the post-closure and institutional control funds and the remaining useful life of the facility. "3. A host state shall solicit comments from each party state and the Commission regarding the siting, operation, financial assurances, closure, post-closure observation and maintenance, and institutional control of a regional facility. "e. A host state intending to close a regional facility within its borders shall notify the Commission in writing of its intention and reasons therefore. " 1. Except as otherwise provided, such notification shall be given to the Commission at least five years prior to the scheduled date of closure. "2. A host state may close a regional facility within its borders in the event of an emergency or if a condition exists which constitutes a substantial threat to public health and safety. A host state shall notify the Commission in writing within three days of its action and shall, within 30 working days, show justification for the closing. 3. In the event that a regional facility closes before an additional or new facility becomes operational, the Commission shall make interim arrangements for the storage or disposal of weiste generated within the region until such time that a new regional facility is operational. "f. Fees and surcharges shall be imposed equitably upon all users of a regional facility, based upon criteria established by the Commission. "1. A host state shall, according to its lawful administrative procedures, approve fee schedules to be charged to all users of the regional facility within its borders. Except as provided herein, such fee schedules shall be established by the operator of a regional facility, under applicable state regulations, and shall be reasonable and sufficient to cover all costs related to the development, operation, closure, post-closure observation and maintenance, institutional control of the regional facility. The host state shall determine a schedule for contributions to the post-closure observation and maintenance, and institutional control funds. Such fee schedules shall not be approved unless the Commission has been given reasonable opportunity to review and make recommendations on the proposed fee schedules. "2. A host state may, according to its lawful administrative procedures, impose a state surcharge per unit of waste received at any regional facility within its borders. The state surcharge shall be in addition to the fees charged for waste management. The surcharge shall be sufficient to cover all reasonable costs associated with administration and regulation of the facility. The surcharge shall not be established unless the Commission has been provided reasonable opportunity to review and make

Report,

Health, Safety.

Regulations,

Regulation.

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PUBLIC LAW 99-240—JAN. 15, 1986 recommendations on the proposed state surcharge. "3. The Commission shall impose a commission surcharge per unit of waste received at any regional facility. The total monies collected shall be adequate to pay the costs and expenses of the Commission and shall be remitted to the Commission on a timely basis as determined by the Commission. The surcharge may be increased or decreased as the Commission deems necessary. "4. Nothing herein shall be construed to limit the ability of the host state, or the political subdivision in which the regional facility is situated, to impose surcharges for purposes including, but not limited to, host community compensation and host community development incentives. Such surcharges shall be reasonable and shall not be imposed unless the Commission has been provided reasonable opportunity to review and make recommendations on the proposed surcharge. Such surcharge may be recovered through the approved fee and surcharge schedules provided for in this section. "ARTICLE VI. OTHER LAWS AND REGULATIONS

Prohibition. 42 USC 2021. Prohibition. Prohibition. Prohibition.

Research and development. 42 USC 2021b note. Taxes. Transportation.

Prohibition.

Prohibition.

"a. Nothing in this compact shall be construed to abrogate or limit the regulatory responsibility or authority of the U.S. Nuclear Regulatory Commission or of an Agreement State under Section 274 of the Atomic Energy Act of 1954, as amended. "b. The laws or portions of those laws of a pgirty state that are not inconsistent with this compact remain in full force. "c. Nothing in this compact shall make unlawful the continued development and operation of any facility already licensed for development or operation on the date this compact becomes effective. "d, No judicial or administrative proceeding pending on the effective date of the compact shall be affected by the compact. "e. Except as provided for in Article III(b)(2) and (c)(3), this compact shall not affect the relations between and the respective internal responsibilities of the government of a party state and its subdivisions. "f. The generation, treatment, storage, transportation, or disposal of waste generated by the atomic energy defense activities of the federal government, as defined in P.L. 96-573, or federal research and development activities are not affected by this compact. "g. To the extent that the rights and powers of any state or political subdivision to license and regulate any facility within its borders and to impose taxes, fees, and surcharges on the waste managed at that regional facility do not operate as an unreasonable impediment to the transportation, treatment or disposal of weiste, such rights and powers shall not be diminished by this compact. "h. No party State shall enact any law or regulation or attempt to enforce any measure which is inconsistent with this compact. Such measures may provide the basis for the Commission to suspend or terminate a party state's membership and privileges under this compact. "i. All laws and regulations, or parts thereof of any party state or subdivision or instrumentality thereof which are inconsistent with this compact are hereby repealed and declared null and void. Any legal right, obligation, violation or penalty arising under such laws or regulations prior to the enactment of this compact, or not in conflict with it, shall not be affected. " j. Subject to Article III(c)(2), no law or regulation of a party state

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or subdivision or instrumentality thereof may be applied so as to restrict or make more costly or inconvenient access to any regional facility by the generators of another party state than for the generators of the state where the facility is situated. "k. No law, ordinance, or regulation of any party state or any subdivision or instrumentality thereof shall prohibit, suspend, or unreasonably delay, limit or restrict the operation of a siting or licensing agency in the designation, siting, or licensing of a regional facility. Any such provision in existence at the time of ratification of this compact is hereby repealed.

Prohibition.

"ARTICLE VI L ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION, ENTRY INTO FORCE, TERMINATION

"a. The initially eligible parties to this compact shall be the eleven states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont. Initial eligibility will expire June 30, 1984. "b. Each state eligible to become a party state to this compact shall be declared a party state upon enactment of this compact into law by the state, repeal of all statutes or statutory provisions that pose unreasonable impediments to the capability of the state to host a regional facility in a timely manner, and upon payment of the fees required by Article IV(j)(l). An eligible state may become a party to this compact by an executive order by the governor of the state and upon payment of the fees required by Article IV(j)(l). However, any state which becomes a party state by executive order shall cease to be a party state upon the final adjournment of the next general or regular session of its legislature, unless this compact has by then been enacted as a statute by the state and all statutes and statutory provisions that conflict with the compact have been repealed. "c. The compact shall become effective in a party state upon enactment by that state. It shall not become initially effective in the region until enacted into law by three party states and consent given to it by the Congress. "d. The first three states eligible to become party states to this compact which adopt this compact into law as required in Article VII(b) shall immediately, upon the appointment of their Commission members, constitute themselves as the Northeast Interstate LowLevel Radioactive Waste Commission. They shall cause legislation to be introduced in the Congress which grants the consent of the Congress to this compact, and shall do those things necessary to organize the Commission and implement the provisions of this compact. " 1. The Commission shall be the judge of the qualifications of the party states and of its members and of their compliance with the conditions and requirements of this compact and of the laws of the party states relating to the enactment of this compact. "2. All succeeding states eligible to become party states to this compact shall be declared party states pursuant to the provisions of section (h) of this Article, "e. Any state not expressly declared eligible to become a party state to this compact in section (a) of this Article may petition the Commission to be declared eligible. The Commission may establish such conditions as it deems necessary and appropriate to be met by a state requesting eligibility as a party state to this compact pursuant to the provisions of this section, including a public hearing on the

Connecticut. Delaware. Maine. Maryland. Massachusetts. New Hampshire. New Jersey. New York. Pennsylvania. Rhode Island. Vermont.

Effective date.

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Prohibition.

PUBLIC LAW 99-240—JAN. 15, 1986

application. Upon satisfactorily meeting such conditions and upon the affirmative vote of two-thirds of the Commission, including the affirmative vote of the representatives of the host states in which any affected regional facility is located, the petitioning state shall be eligible to become a party state to this compact and may become a party state in the same manner as those states declared eligible in section (a) of this Article. "f. No state holding membership in any other regional compact for the management of low-level radioactive waste may become a member of this compact. "g. Any party state which fails to comply with the provisions of this compact or to fulfill its obligations hereunder may have its privileges suspended or, upon a two-thirds vote of the Commission, after full opportunity for hearing and comment, have its membership in the compact revoked. Revocation shall take effect one year from the date the affected party state receives written notice from the Commission of its action. All legal rights of the affected party state established under this compact shall cease upon the effective date of revocation, except that any legal obligations of that party state arising prior to revocation will not cease until they have been fulfilled. As soon as practicable after a Commission decision suspending or revoking party state status, the Commission shall provide written notice of the action and a copy of the resolution to the governors and the presiding officer of each body of the state legislatures of the party states, and to chairmen of the appropriate committees of the Congress. "h. Any party state may withdraw from this compact by repealing its authorization legislation, and all legal rights under this compact of the party state cease upon repeal. However, no such withdrawal shall take effect until five years after the Grovernor of the withdrawing state has given notice in writing of such withdrawal to the Commission and to the governor of each party state. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to that time. " 1. Upon receipt of the notification, the Commission shall, as soon as practicable, provide copies to the governors and the presiding officer of each body of the state legislatures of the party states, and to the chairmen of the appropriate committees of the Congress. "2. A regional facility in a withdrawing state shall remain available to the region for five years after the date the Commission receives written notification of the intent to withdraw or until the prescheduled date of closure, whichever occurs first, "i. This compact may be terminated only by the afilrmative action of the Congress or by the repeal of all laws enacting the compact in each party state. The Congress may by law withdraw its consent every five years after the compact takes effect. " 1. The consent given to this compact by the Congress shall extend to any future admittance of new party states under sections (b) and (e) of this Article. "2. The withdrawal of a party state from this compact under section (h) or the revocation of a state's membership in this compact under section (g) of this Article shall not affect the applicability of the compact to the remaining party states. "ARTICLE

VIII.

PENALTIES

"a. Each party state, consistent with federal and host state regulations and laws, shall enforce penalties against any person not acting

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99 STAT. 1923

as an official of a party state for violation of this compact in the party state. Each party state acknowledges that the shipment to a host state of waste packaged or transported in violation of applicable laws and regulations can result in the imposition of sanctions by the host state. These sanctions may include, but are not limited to, suspension or revocation of the violator's right of access to the facility in the host state. "b. Without the express approval of the Commission, it shall be unlawful for any person to dispose of any low-level waste within the region except at a regional facility; provided, however, that this restriction shall not apply to waste which is permitted by applicable federal or state regulations to be discarded without regard to its radioactivity. "c. Unless specifically approved by the Commission and affected host state(s) pursuant to Article IV, it shall be a violation of this compact for: 1) any person to deposit at a regional facility waste not generated within the region; 2) any regional facility to accept waste not generated within the region; and 3) any person to export from the region waste generated within the region. "d. Primary responsibility for enforcing provisions of the law will rest with the affected state or states. The Commission, upon a twothirds vote of its members, may bring action to seek enforcement or appropriate remedies against violators of the provisions and regulations for this compact as provided for in Article IV.

Regulations.

"ARTICLE IX. COMPENSATION PROVISIONS

"a. The responsibility for ensuring compensation and clean-up during the operational and post-closure periods rests with the host state, as set forth herein. " 1. The host state shall ensure the availability of funds and procedures for compensation of injured persons, including facility employees, and property damage (except any possible claims for diminution of property values) due to the existence and operation of a regional facility, and for clean-up and restoration of the facility and surrounding areas. "2. The state may satisfy this obligation by requiring bonds, insurance, compensation funds, or any other means or combination of means, imposed either on the facility operator or assumed by the state itself, or both. Nothing in this article alters Prohibition. the liability of any person or governmental entity under applicable state and federal laws, "b. The Commission shall provide a means of compensation for persons injured or property damaged during the institutional control period due to the radioactive and waste management nature of the regional facility. This responsibility may be met by a special fund, insurance, or other means. " 1. The Commission is authorized, at its discretion, to impose Insurance. a waste management surcharge, to be collected by the operator Contracts. or owner of the regional facility; to establish a separate insurance entity, formed by but separate from the Commission itself, but under such terms and conditions as it decides, and exempt from state insurance regulation; to contract with this company or other entity for coverage; or to take any other measures, or combination of measures, to implement the goals of this section. "2. The existence of this fund or other means of compensation Regulation. shall not imply any liability by the Commission, the non-host party states, or any of their officials and staff, which are

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PUBLIC LAW 99-240—JAN. 15, 1986

exempted from liability by other provisions of this compact. Claims or suits fdf compensation shall be directed against the fund, the insurance company, or other entity, unless the Commission, by regulation, directs otherwise, "c. Not withstaiicjing any other provisions, the Commission fund, insurance, or other means of compensation shall also be available for third party relief during the operational and post-closure periods, as the Commission may direct, but only to the extent that no other funds, insurance, tort compensation, or other means are available from the host state or other entities, under section a. of this Article or otherwise; provided, that this Commission contribution shall not apply to clean-up or restoration of the regional facility and its environs during the operational and post-closure period. "d. The liability of the Commission's fund, insurance entity, or any other means of compensation shall be limited to the amount currently contained therein; provided that the Commission may set some lower limit to ensure the integrity and availability of the fund or other entity for liability. "ARTICLE X. SEVERABILITY AND CONSTRUCTION

Provisions held invalid.

"The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision of this compact is declared by a federal court of competent jurisdiction to be contrary to the Constitution of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby. The provisions of this compact shall be liberally construed to give effect to the purposes thereof.". Approved January 15, 1986.

LEGISLATIVE HISTORY—H.R. 1083 (S. 1517) (S. 1518): HOUSE REPORT No. 99-314, Pt. I (Comm. on Interior and Insular Affairs) and Pt. II (Comm. on Energy and Commerce). CONGRESSIONAL RECORD, Vol. 131 (1985): Dec. 9, considered and passed House; considered and passed Senate, amended. Dec. 19, House concurred in Senate amendments with amendment. Senate concurred in House amendment.

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 PRIVATE LAWS THERE WERE NO PRIVATE LAWS ENACTED DURING THE FIRST SESSION OF THE NINETY-NINTH CONGRESS

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text: Myrtle and Myrrh/My Bornoose

title: Myrtle and Myrrh/My Bornoose


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 CONCURRENT RESOLUTIONS FIRST SESSION, NINETY-NINTH CONGRESS

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 CONCURRENT RESOLUTIONS-^AN. 3, 1985

99 STAT. 1929

JOINT MEETING

TMriT

Resolved by the Senate (the House of Representatives concurring). That the two Houses of Congress shall meet in the Hall of the Electoral vote House of Representatives on Monday, the seventh day of January certificates. 1985, at 1 o'clock post meridiem, pursuant to the requirements of the Constitution and laws relating to the election of President and Vice President of the United States, and the President of the Senate shall be their Presiding Officer; that two tellers shall be previously appointed by the President of the Senate on the part of the Senate and two by the Speaker on the part of the House of Representatives, to whom shall be handed, as they are opened by the President of the Senate, all the certificates and papers purporting to be certificates of the electoral votes, which certificates and papers shall be opened, presented, and acted upon in the alphabetical order of the States, beginning with the letter "A"; and said tellers, having then read the same in the presence and hearing of the two Houses, shall make a list of the votes as they shall appear from the said certificates; and the votes having been ascertained and counted in the manner and according to the rules by law provided, the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote, which announcement shall be deemed a sufficient declaration of the persons, if any, elected President and Vice President of the United States, and, together with a list of the votes, be entered on the Journals of the two Houses. Agreed to Jsinuary 3, 1985.

JOINT INAUGURAL COMMITTEE

[s2>!:Z%]

Resolved by the Senate (the House of Representatives concurring), That effective from January 3, 1985, the joint committee created by Senate Concurrent Resolution 122 of the Ninety-eighth Congress, to make the necessary arrangements for the inauguration, is hereby continued with the same power and authority. Approved January 3, 1985.

ADJOURNMENT—SENATE AND HOUSE OF REPRESENTATIVES Resolved by the Senate (the House of Representatives concurring). That when the Senate adjourns on Monday, January 7, 1985, at the conclusion of the joint session to count the electoral votes, it stand adjourned until 4 o'clock post meridiem on Monday, January 21, 1985, and when the House of Representatives adjourns on January 7, 1985, it stand adjourned until 10 o'clock ante meridiem on Monday, January 21, 1985, or until 12 o'clock meridian on the second day after Members are notified to reassemble pursuant to section 2 of this concurrent resolution.

Jan.3, 1985 [s con. Res. 3]

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CONCURRENT RESOLUTIONS—JAN. 22, 1985

SEC. 2. The Speaker of the House and the Majority Leader of the Senate, acting jointly after consultation with the Minority Leader of the House and the Minority Leader of the Senate, shall notify the Members of the House and the Senate, respectively, to reassemble whenever, in their opinion, the public interest shall warrant it. Approved January 3, 1986. Jan. 22, 1985 [H. Con. Res. 1]

Communication from President.

JOINT MEETING Resolved by the House of Representatives (the Senate concurring). That the two Houses of Congress assemble in the Hall of the House of Representatives on Wednesday, February 6, 1985, at 9 o'clock post meridiem, for the purpose of receiving such communication as the President of the United States shall be pleased to make to them. Approved January 22, 1985.

Feb. 7, 1985 [s. Con. Res. 12]

ADJOURNMENT—SENATE A N D HOUSE OF REPRESENTATIVES Resolved by the Senate (the House of Representatives concurring), That when the Senate adjourns on Thursday, February 7, 1985, or Friday, February 8, 1985, pursuant to a motion made by the Majority Leader, or his designee, in accordance with this resolution, it stand adjourned until 12:00 o'clock meridian on Monday, February 18, 1985, and that when the House of Representatives adjourns on Thursday, February 7, 1985, it stand adjourned until 12:00 o'clock meridian on Tuesday, February 19, 1985, or until 12 o'clock meridian on the second day after their respective Members are notified to reassemble pursuant to section 2 of this resolution, whichever occurs first. SEC. 2. The Speaker of the House and the Majority Leader of the Senate, acting jointly after consultation with the Minority Leader of the House and the Minority Leader of the Senate, shall notify the Members of the House and Senate, respectively, to reassemble whenever in their opinion the public interest shall warrant it. Agreed to February 7, 1985.

[H^^'n.^'i^^79]

ADJOURNMENT—HOUSE OF REPRESENTATIVES Resolved by the House of Representatives (the Senate concurring). That when the House adjourns on Thursday, March 7, 1985, it stand adjourned until 12 o'clock meridian on Tuesday, March 19, 1985, or until 12 o'clock meridian on the second day after Members are notified to reassemble pursuant to section 2 of this concurrent resolution, whichever occurs first.

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