text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/758

 99 STAT. 1868

Contracts. Imports. Exports.

PUBLIC LAW 99-240—JAN. 15, 1986 bodies of the party states regarding the activities of the Commission; "3. hear and negotiate disputes which may arise between the party states regarding this compact; "4. require of and obtain from the party states, and non-party states seeking to become party states, data and information necessary to the implementation of Commission and party states' responsibilities; "5. approve the development and operation of regional facilities in accordance with Article V; "6. notwithstanding any other provision of this compact, have the authority to enter into agreements with any person 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 or export waste requires the approval of the Commission, including the affirmative vote of any host state which may be affected; "7. revoke the membership of a party state in accordance with Articles V and VII; "8. require all party states and other persons to perform their duties and obligations arising under this compact by an appropriate action in any forum designated in section e. of Article IV; and "9. take such action as may be necessary to perform its duties and functions as provided in this compact. "ARTICLE V. DEVELOPMENT AND OPERATION OF REGIONAL FACILITIES

Health. Safety.

"a. Following the collection of sufficient data and information from the states, the Commission shall allow each party state the opportunity to volunteer as a host for a regional facility. "b. If no state volunteers or if no proposal identified by a volunteer state is deemed acceptable by the Commission, based on the criteria in section c. of this Article, then the Commission shall publicly seek applicants for the development and operation of regional facilities. "c. The Commission shall review and consider each applicant's proposal based upon the following criteria: " 1. The capability of the applicant to obtain a license from the applicable authority; "2. the economic efficiency of each proposed regional facility, including the total estimated disposal and treatment costs per cubic foot of waste; "3. financial assurances; "4. accessibility to all party states; and "5. such other criteria as shall be determined by the Commission to be necessary for the selection of the best proposal, based on the health, safety and welfare of the citizens in the region and the party states, "d. The Commission* shall make a preliminary selection of the proposal or proposals considered most likely to meet the criteria enumerated in section c. and the needs of the region. "e. Following notification of each party state of the results of the preliminary selection process, the Commission shall: " 1. Authorize any person whose proposal has been selected to pursue licensure of the regional facility or facilities in accord-

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Page:United States Statutes at Large Volume 99 Part 2.djvu/759

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1869

ance with the proposal originally submitted to the Commission or as modified with the approval of the Commission; and "2. require the appropriate state or states or the U.S. Nuclear Regulatory Commission to process all applications for permits and licenses required for the development and operation of any regional facility or facilities within a reasonable period from the time that a completed application is submitted, "f. The preliminary selection or selections made by the Commission pursuant to this Article shall become final and receive the Commission's approval as a regional facility upon the issuance of license by the licensing authority. If a proposed regional facility fails to become licensed, the Commission shall make another selection pursuant to the procedures identified in this Article. "g. The Commission may, by two-thirds affirmative vote of its membership, revoke the membership of any party state which, after notice and hearing, shall be found to have arbitrarily or capriciously denied or delayed the issuance of a license or permit to any person authorized by the Commission to apply for such license or permit. Revocation shall be in the same manner as provided for in section e. of Article VII. "ARTICLE VI. OTHER LAWS AND REGULATIONS

"a. Nothing in this compact shall be construed to: " 1. Abrogate or limit the applicability of any act of Congress or diminish or otherwise impair the jurisdiction of any Federal agency expressly conferred thereon by the Congress; "2. prevent the application of any law which is not otherwise inconsistent with this compact; "3. prohibit or otherwise restrict the management and waste on the site where it is generated if such is otherwise lawful; "4. affect any judicial or administrative proceeding pending on the effective date of this compact; "5. alter the relations between, and the respective internal responsibilities of, the government of a' party state and its subdivisions; and "6. affect the generation or management of waste generated by the Federal government or federal research and development activities, "b. No party state shall pass or enforce any law or regulation which is inconsistent with this compact. "c. All laws and regulations or parts thereof of any party state which are inconsistent with this compact are hereby declared null and void for purposes of this compact. Any legal right, obligation, violation or penalty arising under such laws or regulations prior to enactment of this compact shall not be affected. "d. No law or regulation of a party state or of any 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. "ARTICLE VII. ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION, ENTRY INTO FORCE, TERMINATION

"a. This compact shall have as initially eligible parties the states of Arkansas, Iowa, Kansas, Louisiana, Minnesota, Missouri,

Prohibition.

Research and development. Prohibition. Regulations.

Prohibition. Regulations.

Arkansas. Iowa. Kansas. Louisiana. Minnesota. Missouri. Nebraska. North Dakota. Oklahoma.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/760

 99 STAT. 1870

Prohibition.

Effective date. Prohibition.

Effective date.

Prohibition.

PUBLIC LAW 99-240—JAN. 15, 1986

Nebraska, North Dakota and Oklahoma. Such initial eligibility shall terminate on January 1, 1984. "b. Any state may petition the Commission for eligibility. A petitioning state shall become eligible for membership in the compact upon the unanimous approval of the Commission. "c. An eligible state shall become a member of the compact and shall be bound by it after such state has enacted the compact into law. In no event shall the compact take effect in any state until it has been entered into force as provided for in section f. of this Article. "d. Any party state may withdraw from this compact by enacting a statute repeating the same. Unless permitted earlier by unanimous approval of the Commission, such withdrawal shall take effect five-years after the Governor of the withdrawing state has given notice in writing of such withdrawal to each Governor of the party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal. "e. Any party state which fails to comply with the terms of this compact or fulfill its obligations hereunder may, after notice and hearing, have its privileges suspended or its membership in the compact revoked by the Commission. Revocation shall take effect one year from the date such party state receives written notice from the Commission of its action. The Commission may require such party state to pay to the Commission, for a period not to exceed fiveyears from the date of notice of revocation, an amount determined by the Commission based on the anticipated fees which the generators of such party state would have paid to each regional facility and an amount equal to that which such party state would have contributed in accordance with section d. of Article III, in the event of insufficient revenues. The Commission shall use such funds to ensure the continued availability of safe and economical waste management facilities for all remaining party states. Such state shall also pay an amount equal to that which such party state would have contributed to the annual budget of the Commission if such party state would have remained a member of the compact. All legal rights established under this compact of any party state which has its membership revoked shall cease upon the effective date of revocation; however, any legal obligations of such party state arising prior to the effective date of revocation shall not cease until they have been fulfilled. Written notice of revocation of any state's membership in the company shall be transmitted immediately following the vote of the Commission, by the chairman, to the Governor of the affected party state, all other Governors of the party states and the Congress of the United States. "f. This compact shall become effective after enactment by at least three eligible states and after consent has been given to it by the Congress. The Congress shall have the opportunity to withdraw such consent every five-years. Failure of the Congress to withdraw its consent affirmatively shall have 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 to ban the exportation of waste pursuant to Article III. "g. The withdrawal of a party state from this compact under section d. of this Article or the revocation of a state's membership in this compact under section 3. of this Article shall not affect the applicability of this compact to the remaining party states. .,

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Page:United States Statutes at Large Volume 99 Part 2.djvu/761

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1871

"h. This compact shall be terminated when all party states have withdrawn pursuant to section d. of this Article. "ARTICLE

VIII.

Termination.

PENALTIES

"a. Each party state, consistent with its own law, shall prescribe and enforce penalties against any person for violation of any provision of this compact. "b. Each party state acknowledges that the receipt by a regional facility of waste packaged or transported in violation of applicable laws and regulations can result in sanctions which may include suspension or revocation of the violator's right of access to the regional facility.

Regulations,

"ARTICLE IX. SEVERABILITY AND CONSTRUCTION

"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 circumstances 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. The provisions of this compact shall be liberally construed to give effect to the purpose thereof.".

Provisions held invalid.

SEC. 223. SOUTHEAST 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 (42 U.S.C. 2021d(a)(2)), the consent of the Congress is hereby given to the States of Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia to enter into the Southeast Interstate Low-Level Radioactive Waste Management Compact. Such compact is substantially as follows:

Alabama. Florida. Georgia. Mississippi. North Carolina. South Carolina. Tennessee. Virginia.

"SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT "ARTICLE 1 POLICY AND PURPOSE

"There is hereby created the Southeast Interstate Low-Level Research and Radioactive Waste Management Compact. The party States recog- development. nize and declare that each stete is responsible for providing for the availability of capacity either within or outside the State for disposal 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. 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 Low-Level Radioactive Waste Policy Act (Public Law 96-573), has provided for and encouraged the development of low- 42 USC 2021b note.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/762

 99 STAT. 1872

Regulations.

42 USC 2021b note.

PUBLIC LAW 99-240—JAN. 15, 1986

level radioactive waste compacts as a tool for disposal of such waste. The party states recognize that the safe and efficient management of low-level radioactive waste generated within the region requires that sufficient capacity to dispose of such waste be properly provided. "It is the policy of the party states to: enter into a regional lowlevel ladioactive waste management compact for the purpose of providing the instrument and framework for a cooperative effort; provide sufficient facilities for the proper management of low-level radioactive waste generated in the region; promote the health and safety of the region; limit the number of facilities required to effectively and efficiently manage low-level radioactive waste generated in the region; encourage the reduction of the amounts of lowlevel waste generated in the region; distribute the costs, benefits, and obligations of successful low-level radioactive waste management equitably among the party states; and ensure the ecological and economical management of low-level radioactive wastes. "Implicit in the Congressional consent to this compact is the expectation by Congress and the party states that the appropriate federal agencies will actively assist the Compact Commission and the individual party states to this compact by: " 1. expeditious enforcement of federal rules, regulations, and laws; "2. imposing sanctions against those found to be in violation of federal rules, regulations, and laws; "3. timely inspection of their licensees to determine their capability to adhere to such rules, regulations, and laws; "4. timely provision of technical assistance to this compact in carrying out their obligations under the Low-Level Radioactive Waste Policy Act, as amended. "ARTICLE 2 DEFINITIONS

"As used in this compact, unless the context clearly requires a different construction: " 1. 'Commission' or 'Compact Commission* means the Southeast Interstate Low-Level Radioactive Waste Management Commission. "2. 'Facility' means a parcel of land, together with the structure, equipment, and improvements thereon or appurtenant thereto, which is used or is being developed for the treatment, storage, or disposal of low-level radioactive wsiste. "3. 'Generator' means any person who produces or processes lowlevel radioactive waste in the course of, or as an incident to, manufacturing, power generation, processing, medical diagnosis and treatment, research, or other industrial or commercial activity. This does not include persons who provide a service to generators by arranging for the collection, transportation, storgige, or disposal of wastes with respect to such waste generated outside the region. "4. 'High-level waste' means irradiated reactor fuel, liquid wastes from reprocessing irradiated reactor fuel, and solids into which such liquid wastes have been converted, and other high-level radioactive waste as defined by the U.S. Nuclear Regulatory Commission. "5. 'Host state' means any state in which a regional facility is situated or is being developed.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/763

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1873

"6. 'Low-level radioactive waste' or 'waste' means radioactive waste not classified as high-level radioactive wsiste, transuranic waste, spent nuclear fuel, or by-product material as defined in Section l i e, (2) of the Atomic Energy Act of 1954, or as may be 42 USC 2014. further defined by Federal law or regulation. "7. 'Party state' means any state which is a signatory party to this compact. "8. 'Person' means any individual, corporation, business enterprise, or other legal entity (either public or private). "9. 'Region' means the collective party states. "10. 'Regioned facility' means (1) a facility as defined in this article which has been designated, authorized, accepted, or approved by the Commission to receive waste or (2) the disposal facility in Barnwell County, South Carolina, owned by the State of South Carolina and as licensed for the burial of low-level radioactive waste on July 1, 1982, but in no event shall this disposal facility serve as a regional facility beyond December 31, 1992. "11. 'State' means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, or any other territorial possession of the United States. "12. 'Transuranic wastes' means waste material containing transuranic elements with contamination levels as determined by the regulations of (1) the U.S. Nuclear Regulatory Commission or (2) any host state, if it is an agreement state under Section 274 of the Atomic Energy Act of 1954. 42 USC 2021. "13. 'Waste management' means the storage, treatment, or disposal of waste. "ARTICLE 3 "RIGHTS AND OBLIGATIONS

"The rights granted to the party states by this compact are Prohibition. additional to the rights enjoyed by sovereign states, and nothing in this compact shall be construed to infringe upon, limit, or abridge those rights. "(A) Subject to any license issued by the U.S. Nuclear Regulatory Commission or a host state, each party state shall have the right to have all wastes generated within its borders stored, treated, or disposed of, as applicable, at regional facilities and, additionally, shall have the right of access to facilities made available to the region through agreements entered into by the Commission pursuant to article 4(e)(9). The right of access by a generator within a party state to any regional facility is limited by its adherence to applicable state and federal law and regulation. "(B) If no operating regional facility is located within the borders of a party state and the waste generated within its borders must therefore be stored, treated, or disposed of at a regional facility in fw^r:M another party state, the party state without such facilities may be required by the host state or states to establish a mechanism which provides compensation for access to the regional facility according to terms and conditions established by the host state or states and approved by a two-thirds vote of the Commission. "(C) Each party state must establish the capability to regulate, license, and ensure the maintenance and extended care of any facility within its borders. Host states are responsible for the availability, the subsequent post-closure observation and maintenance.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/764

 99 STAT. 1874

Regulations. Transportation,

PUBLIC LAW 99-240—JAN. 15, 1986

and the extended institutional control of their regional facilities in accordance with the provisions of Article 5, Section (b). "(D) Each party state must establish the capability to enforce any applicable federal or state laws and regulations pertaining to the packaging and transportation of waste generated within or passing through its borders. "(E) Each party state must provide to the Commission on an annual basis any data and information necessary to the implementation of the Commission's responsibilities. Each party state shall establish the capability to obtain any data and information necessary to meet its obligation. "(F) Each party state must, to the extent authorized by federal law, require generators within its borders to use the best available waste management technologies and practices to minimize the volumes of waste requiring disposal. "ARTICLE 4 THE COMMISSION

Southeast Interstate Low-Level Radioactive Waste Management Commission, establishment.

Report.

Health. Safety.

"(A) There is hereby created the Southeast Interstate Low-Level Radioactive Waste Management Commission ('Commission' or 'Compact Commission'). The Commission shall consist of two voting members from each party stete to be appointed according to the laws of each stete. The appointing authorities of each stete must notify the Commission in writing of the identity of its members and any alternates. An alternate may act on behalf of the member only in the member's absence. "(B) Each commission member is 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, or unless a greater than majority vote is specifically required by any other provision of this compact. "(C) The Commission must elect from among its members a presiding officer. The Commission shall adopt and publish, in convenient form, bylaws which are consistent with this compact. "(D) The Commission must meet at least once a year and also meet upon the call of the presiding officer, by petition of a majority of the party stetes, or upon the call of a host stete. All meetings of the C!k)mmission must be open to the public. "(E) The Commission has the following duties and powers: " 1. To receive and approve the application of a nonparty state to become an eligible stete in accordance with the provisions of Article 7(b). "2. To receive and approve the application of a nonparty stete to become an eligible stete in accordance with the provisions of Article 7(c). "3. To submit an annual report and other communications to the Governors and to the presiding officer of each body of the legislature of the party stetes regarding the activities of the Commission. "4. To develop and use procedures for determining, consistent with consideration for public health and safety, the type and number of regional facilities which are presently necessary and which are projected to be necessary to manage waste generated within the region. "5. To provide the party stetes with reference guidelines for establishing the criteria and procedures for evaluating alternative locations for emergency or permanent regional facilities.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/765

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1875

"6. To develop and adopt, within one year after the Commission is constituted as provided in Article 7(d) procedures and criteria for identifying a party state as a host state for a regional facility as determined pursuant to the requirements of this article. In accordance with these procedures and criteria, the Commission shall identify a host state for the development of a second regional disposal facility within three years after the Commission is constituted as provided for in Article 7(d), and shall seek to ensure that such facility is licensed and ready to operate as soon as required but in no event later than 1991. "In developing criteria, the Commission must consider the following; the health, safety, and welfare of the citizens of the party states; the existence of regioneil facilities within each party state; the minimization of waste transportation; the volumes and types of wastes generated within each party state; and the environmental, economic, and ecological impacts on the air, land, and water resources of the party states. "The Commission shall conduct such hearings, require such reports, studies, evidence, and testimony, and do what is required by its approved procedures in order to identify a party state as a host state for a needed facility. "7. In accordance with the procedures and criteria developed pursuant to Section (e)(6) of this Article, to designate, by a two-thirds vote, a host state for the establishment of a needed regional facility. The Commission shall not exercise this authority unless the party states have failed to voluntarily pursue the development of such facility. The Commission shall have the authority to revoke the membership of a party state that willfully creates barriers to the siting of a needed regional facility. "8. To 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 to the implementation of Commission responsibilities. "9. Notwithstanding any other provision of this compact, to enter into agreements with any person, state, or similar 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. The authorization to import requires a two-thirds majority vote of the Commission, including an affirmative vote of both representatives of a host state in which any affected regional facility is located. This shall be done only after an assessment of the affected facility's capability to handle such wastes. "10. To act or appear on behalf of any party state or states, only upon written request of both members of the Commission for such state or states as an intervenor or party in interest before Congress, state legislatures, any court of law, or any federal, state, or local agency, board, or commission which has jurisdiction over the management of wastes. The authority to act, intervene, or otherwise appear shall be exercised by the Commission, only after approval by a majority vote of the Commission. "11. To revoke the membership of a party state in accordance with Article 7(f). "F. The Commission may establish any advisory committees as it deems necessary for the purpose of advising the Commission on any matters pertaining to the management of low-level radioactive waste.

Health. Safety. Transportation. Environmental protection.

Reports. Studies.

Prohibition.

Contracts. Imports.

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text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/766

 99 STAT. 1876

Audit. Report.

Grants.

Report,

PUBLIC LAW 99-240—JAN. 15, 1986

"G. The Commission may appoint or contract for and compensate such limited staff 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. In selecting any staff, the Commission shall assure that the staff has adequate experience and formal training to carry out such functions as may be assigned to it by the Commission. If the Commission has a headquarters it shall be in a party state. "H. Funding for the Commission must be provided as follows: " 1. Each eligible state, upon becoming a party state, shall pay twenty-five thousand dollars to the Commission which shall be used for costs of the Commission'services. "2. Each state hosting a regional disposal facility shall annually levy special fees or surcharges on all users of such facility, based upon the volume of wastes disposed of at such facilities, the total of which: "a. must be sufficient to cover the annual budget of the Commission; "b. must represent the financial commitments of all party states to the Commission; "c. must be paid to the Commission; Provided, however, That each host state collecting such fees or surcharges may retain a portion of the collection sufficient to cover its administrative costs of collection and that the remainder be sufficient only to cover the approved annual budgets of the Commission. "3. The Commission must set and approve its first annual budget as soon as practicable after its initial meeting. Host states for disposal facilities must begin imposition of the special fees and surcharges provided for in this section as soon as practicable after becoming party states and must remit to the Commission funds resulting from collection of such special fees and surcharges within sixty days of their receipt. "I. The Commission must keep accurate accounts of all receipts and disbursements. An independent certified public accountant shall annually audit all receipts and disbursements of Commission funds and submit an audit report to the Commission. The audit report shall be made a part of the annual report of the Commission required by Article 4(e)(3). "J. The Commission may accept for any of its purposes and functions any and all donations, 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, and may receive, utilize, and dispose of the same. The nature, amount, and condition, if any, attendant upon any donation or grant accepted pursuant to this section, together with the identity of the donor, grantor, or lender shall be detailed in the annual report to the Commission. "K. The Commission is not responsible for any costs associated with: "(1) the creation of any facility, "(2) the operation of any facility, "(3) the stabilization and closure of any facility.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/767

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1877

"(4) the post-closure observation and maintenance of any facility, or "(5) the extended institutional control, after post-closure observation and maintenance of any facility. "L. As of January 1, 1986, the management of wastes at regional facilities is restricted to wastes generated within the region, and to wastes generated within nonparty states when authorized by the Commission pursuant to the provisions of this compact. After January 1, 1986, the Commission may prohibit the exportation of waste from the region for the purposes of management. "M. 1. The Commission herein established is a legal entity separate and distinct from the party states capable of acting in its own behalf and is liable for its actions. Liabilities of the Commission shall not be deemed liabilities of the party states. Members of the Commission shall not personally be liable for action taken by them in their official capacity. "2. Except as specifically provided in this compact, nothing in this compact shall be construed to alter the incidence of liability of any kind for any act, omission, course of conduct, or on account of any causal or other relationships. Generators and transporters 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.

Prohibition. Exports.

Prohibition.

"ARTICLE 5 DEVELOPMENT AND OPERATION OF FACILTTIES

"A. Any party state which becomes a host state in which a regional facility is operated shall not be designated by the Compact Commission as a host state for an additional regional facility until each party state has fulfilled its obligation, as determined by the Commission, to have a regional facility operated within its borders, "B. A host state desiring to close a regional facility located within its borders may do so only after notifying the Commission in writing of its intention to do so and the reasons therefor. Such notification shall be given to the Commission at least four years prior to the intended date of closure. Notwithstanding the four-year notice requirement herein provided, a host state is not prevented from closing its facility or establishing conditions of its use and operations as necessary for the protection of the health and safety of its citizens. A host state may terminate or limit access to its regional facility if it determines that Congress has materially altered the conditions of this compact. "C. Each party state designated as a host state for a regional facility shall take appropriate steps to ensure that an application for a license to construct and operate a facility of the designated type is filed with and issued by the appropriate authority. "D. No party state shall have any form of arbitrary prohibition on the treatment, storage, or disposal of low-level radioactive waste within its borders.

Health. Safety.

Prohibition.

"ARTICLE 6 OTHER LAWS AND REGULATIONS

"A. Nothing in this compact shall be construed to:

Prohibition.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/768

 99 STAT. 1878

42 USC 2021.

Prohibition.

Research and development.

42 USC 2021b note.

Prohibition. Regulation. Prohibition. Regulation.

PUBLIC LAW 99-240—JAN. 15, 1986

"(1) Abrogate or limit the applicability of any act of Congress or diminish or otherwise impair the jurisdiction of any federal agency expressly conferred thereon by the Congress. "(2) Abrogate or limit the regulatory responsibility and authority of the U.S. Nuclear Regulatory Commission or of an agreement state under Section 274 of the Atomic Energy Act of 1954 in which a regional facility is located. "(3) Make inapplicable to any person or circumstance any other law of a party state which is not inconsistent with this compact. "(4) Make unlawful the continued development and operation of any facility already licensed for development or operation on the date this compact becomes effective, except that any such facility shall comply with Article 3, Article 4, and Article 5 and shall be subject to any action lawfully taken pursuant thereto. "(5) Prohibit any storage or treatment of waste by the generator on its own premises. "(6) Affect any judicial or administrative proceeding pending on the effective date of this compact. "(7) Alter the relations between, and the respective internal responsibilities of, the government of a party state and its subdivisions. "(8) Affect the generation, treatment, storage, or disposal of waste generated by the atomic energy defense activities of the Secretary of the United States Department of Energy or federal research and development activities as defined in Public Law 96-573. "(9) Affect the rights and powers of any party state and its political subdivisions to regulate and license any facility within its borders or to affect the rights and powers of any party state and its political subdivisions to tax or impose fees on the wgiste managed at any facility within its borders. "B. No party shall pass any law or adopt any regulation which is inconsistent with this compact. To do so may jeopardize the membership status of the party state. "C. Upon formation of the compact no law or regulation of a party state or of any subdivision or instrumentality thereof may be applied so as to restrict or make more 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. "D. Restrictions of waste management of regional facilities pursuant to Article 4 shall be enforceable as a matter of state law. 'ARTICLE 7 ELIGIBLE PARTIES; WITHDRAWAL; REVOCATION; ENTRY INTO FORCE; TERMINATION

Alabama. Florida. Georgia. Mississippi. North earolina. South earolina. Tennesee. Virginia.

"A. This compact shall have as initially eligible parties the States of Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia. "B, Any state not expressly declared eligible to become a party state to this compact in Section (A) of this Article may petition the Commission, once constituted, to be declared eligible. The Commission may establish such conditions as it deems necessary and appropriate to be met by a state wishing to become eligible to become a party state to this compact pursuant to such provisions of this

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Page:United States Statutes at Large Volume 99 Part 2.djvu/769

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1879

section. Upon satisfactorily meeting the conditions and upon the affirmative vote of two-thirds of the Commission, including the affirmative vote of both representatives of a host state 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 manner as those states declared eligible in Section (a) of this Article. "C. 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 and upon payment of the fees required by Article 4(H)(1). The Commission is 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 the laws of the party states relating to the enactment of this compact. "D. 1. The first three states eligible to become party states to this compact which enact this compact into law and appropriate the fees required by Article 4(H)(1) shall immediately, upon the appointment of their Commission members, constitute themselves as the Southeast Low-Level Radioactive Waste Management Commission; shall cause legislation to be introduced in Congress which grants the consent of Congress to this compact; and shall do those things necessary to organize the commission and implement the provisions 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 (C) of this Article. "3. The consent of Congress shall be required for the full implementation of this compact. The provisions of Article 5 Section (D) shall not become effective until the effective date of the import ban authorized by Article 4, Section (L) as approved by Congress. Congress may by law withdraw its consent only every five years. "E. No state which holds membership in any other regional compact for the management of low-level radioactive waste may be considered by the Compact Commission for eligible state status or party state status. "F. Any party state which fails to comply with the provisions of this compact or to fulfill the obligations incurred by becoming a party state to this compact may be subject to sanctions by the Commission, including suspension of its rights under this compact and revocation of its status as a party state. Any sanction shall be imposed only upon the affirmative vote of at least two-thirds of the Commission members. Revocation of party state status may take effect on the date of the meeting at which the Commission approves the resolution imposing such sanction, but in no event shall revocation take effect later than ninety days from the date of such meeting. Rights and obligations incurred by being declared a party state to this compact shall continue until the effective date of the sanction imposed or as provided in the resolution of the Commission imposing the sanction. ' The Commission must, as soon as practicable after the meeting at which a resolution revoking status as a party state is approved, provide written notice of the action, along with a copy of the resolution, to the Governors, the Presidents of the Senates, and the Speakers of the Houses of Representatives of the party states, as well as chairmen of the appropriate committees of Congress. "G. Any party state may withdraw from the compact by enacting a law repealing the compact; provided, that if a regional facility is

51-194 O -

QL. 3

Part 2

Effective date.

Prohibition.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/770

 99 STAT. 1880

PUBLIC LAW 99-240—JAN. 15, 1986

located within such a state, such regional facility shall remain available to the region for four years after the date the Commission receives notification in writing from the governor of such party state of the rescission of the compact. The Commission, upon receipt of the notification, shall as soon as practicable provide copies of such notification to the Governors, the Presidents of the Senates, and the Speakers of the Houses of Representatives of the party states as well as the chairmen of the appropriate committees of Congress. "H. This compact may be terminated only by the affirmative action of Congress or by the rescission of all laws enacting the compact in each party state. "ARTICLE 8 "PENALTIES

Regulation.

"A. Each party state, consistently with its own law, shall prescribe and enforce penalties against any person not an official of another state for violation of any provisions of this compact. "B. Each party state acknowledges that the receipt by 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 which may include suspension or revocation of the violator's right of access to the facility in the host state. "ARTICLE 9 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 other 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. The provisions of this compact shall be liberally construed to give effect to the purposes thereof.".

42 USC 2021d note.

SEC. 224. CENTRAL MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT.

Illinois. Kentucky.

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 Illinois and Kentucky to enter into the Central Midwest Interstate Low-Level Radioactive Waste Compact. Such compact is substantially as follows: "ARTICLE I. POLICY AND PURPOSE

42 USC 2021b note.

"There is created the Central Midwest Interstate Low-Level Radioactive Weiste Compact. "The states party to this compact recognize that the Congress of the United States, by enacting the Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021), has provided for and encouraged the development of low-level radioactive waste compacts as a tool for

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Page:United States Statutes at Large Volume 99 Part 2.djvu/771

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1881

managing such waste. The party states acknowledge that Congress declared that each state is responsible for providing for the availability of capacity either within or outside the state for the disposal of low-level radioactive waste generated within its borders, except for waste generated as a result of certain defense activities of the federal government or federal research and development activities. The party states also recognize that the management of low-level radioactive waste is handled most efficiently on a regional basis; and, that the safe and efficient management of low-level radioactive waste generated within the region requires that sufficient capacity to manage such waste be properly provided. "a) It is the policy of the party states to enter into a regional lowlevel radioactive wsiste management compact for the purpose of: "D providing the instrument and the framework for a cooperative effort; "2) providing sufficient facilities for the proper management of low-level radioactive waste generated in the region; "3) protecting the health and safety of the citizens of the Health, region; Safety. "4) limiting the number of facilities required to manage lowlevel radioactive waste generated in the region effectively and efficiency; "5) promoting the volume and source reduction of low-level radioactive waste generated in the region; "6) distributing the costs, benefits and obligations of successful low-level radioactive waste mancigement equitably among the party states and among generators and other persons who use regional facilities to manage their waste; "7) ensuring the ecological and economical maneigement of low-level radioactive waste, including the prohibition of shallow-land burial of waste; and "8) promoting the use of above-ground facilities and other disposal technologies providing greater and safer confinement of low-level radioactive waste than shallow-land burial facilities, "b) Implicit in the Congressional consent to this compact is the Regulations. expectation by the Congress and the party states that the appropriate federal agencies will actively Eissist the Compact Commission and the individual party states to this compact by: "D expeditious enforcement of federal rules, regulations and laws; "2) imposition of sanctions against those found to be in violation of federal rules, regulations and laws; and "3) timely inspection of their licensees to determine their compliance with these rules, regulations and laws. "ARTICLE II. DEFINITIONS "As used in this compact, unless the context clearly requires a different construction: "a) 'Commission' means the Central Midwest Interstate Low-Level Radioactive Waste Commission. "b) 'Decommissioning' means the measures taken at the end of a facility's operating life to assure the continued protection of the public from any residual radioactivity or other potential hazards present at a facility. "c) 'Disposal' means the isolation of waste from the biosphere in a permanent facility designed for that purpose.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/772

 99 STAT. 1882

42 USC 2014.

PUBLIC LAW 99-240—JAN. 15, 1986

"d) 'Eligible' state means either the State of Illinois or the Commonwealth of Kentucky. "e) 'Extended care' means the continued observation of a facility after closure for the purpose of detecting a need for maintenance, ensuring environmental safety, and determining compliance with applicable licensure and regulatory requirements and includes undertaking any action or clean-up necessary to protect public health and the environment from radioactive releases from a regional facility. 'f) 'Facility' means a parcel of land or site, together with the structures, equipment and improvements on or appurtenant to the land or site, which is used or is being developed for the treatment, storage or disposal of low-level radioactive waste. "g) 'Generator' means a person who produces or possesses lowlevel radioactive waste in the course of or incident to manufacturing, power generation, processing, medical diagnosis and treatment, research, or other industrial or commercial activity and who, to the extent required by law, is licensed by the U.S. Nuclear Regulatory Commission or a party state, to produce or possess such waste. "h) 'Host state' means any party state that is designated by the Commission to host a regional facility, provided that a party state with a total volume of waste recorded on low-level radioactive weiste manifests for any year that is less than 10 percent of the total volume recorded on such manifests for the region during the same year shall not be designated a host state. "i) 'Institutional control' means those activities carried out by the host state to physically control access to the disposal site following transfer of control of the disposal site from the disposal site operator to the state or federal government. These activities must include, but need not be limited to, environmental monitoring, periodic surveillance, minor custodial care, and other necessary activities at the site as determined by the host state, and administration of funds to cover the costs for these activities. The period of institutional control will be determined by the host state, but institutional control may not be relied upon for more than 100 years following transfer of control of the disposal site to the state or federal government. "j) 'Long-term liability' means the financial obligation to compensate any person for medical and other expenses incurred from damages to human health, personal injuries suffered from damages to human health and damages or losses to real or personal property, and to provide for the costs for accomplishing any necessary corrective action or clean-up on real or personal property caused by radioactive releases from a regional facility. "k) 'Low-level radioactive waste' or 'waste' means radioactive waste not classified as (1) high-level radioactive waste, (2) transuranic waste, (3) spent nuclear fuel, or (4) by-product material as defined in Section l i e. (2) of the Atomic Energy Act of 1954. "D 'Management plan' means the plan adopted by the Commission for the storage, transportation, treatment and disposal of waste within the region. "m) 'Manifest' means a shipping document identifying the generator of waste, the volume of waste, the quantity of radionuclides in the shipment, and such other information as may be required by the appropriate regulatory agency. n) 'Party state' means any eligible state which enacts the compact into law and pays the membership fee.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/773

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1883

"o) 'Person' means any individual, corporation, business enterprise or other legal entity, either public or private, and any legal successor, representative, agent or agency of that individual, corporation, business enterprise, or legal entity. "p) 'Region' means the geographical area of the party states. "q) 'Regional facility' means a facility which is located within the region and which is established by a party state pursuant to designation of that state as a host state by the Commission. "r) 'Shallow-land burial' means a land disposal facility in which radioactive waste is disposed of in or within the upper 30 meters of the earth's surface; however, this definition shall not include an enclosed, engineered, strongly structurally enforced and solidified bunker that extends below the earth's surface. "s) 'Site' means the geographic location of a facility. "t) 'Source reduction' means those administrative practices that reduce the radionuclide levels in low-level radioactive waste or that prevent the generation of additional low-level radioactive waste. "u) 'State' means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands or any other territorial possession of the United States. "v) *Storage' means the temporary holding of waste for treatment or disposal. "w) 'Treatment' means any method, technique or process, including storage for radioactive decay, designed to change the physical, chemical or biological characteristics or composition of any waste in order to render the wsiste safer for transport or management, amenable to recovery, convertible to another usable material or reduced in volume, "x) 'Volume reduction' means those methods including, but not limited to, biological, chemical, mechanical and thermal methods used to reduce the amount of space that waste materials occupy and to put them into a form suitable for storage or disposal. "y) 'Waste management' means the source and volume reduction, storage, transportation, treatment or disposal of waste. "ARTICLE III. THE COMMISSION "a) There is created the Central Midwest Interstate Low-Level Radioactive Waste Commission. Upon the eligible states becoming party states, the Commission shall consist of two voting members from each state eligible to be a host state, one voting member from any other party state, and an ex officio non-voting member who is a member of the County Board of or who is a County Commissioner of each host county. The Grovernor of each party state shall notify the Commission in writing of its members and any alternates. "b) E}ach Commission member is entitled to one vote. No action of the Commission is binding unless a majority of the total membership casts its vote in the affirmative. "c) The Commission shall elect annually from among its members a chairperson. The Commission shall adopt and publish, in convenient form, by-laws and policies that are not inconsistent with this compact, including procedures that conform with the provisions of the Federal Administrative Procedure Act (5 U.S.C. ss. 500 to 559) to the greatest extent practicable in regard to notice, conduct and recording of meetings; access by the public to records; provision of information to the public; conduct of adjudicatory hearings; and issuance of decisions.

Central Midwest Interstate LowLevel Radioactive Waste Commission, establishment.

Public information.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/774

 99 STAT. 1884

Records. Public inspection.

Contracts. Prohibitions.

Reports.

Prohibition.

PUBLIC LAW 99-240—JAN. 15, 1986

"d) The Commission shall meet at least once annually and shall also meet upon the call of the chairperson or a Commission member. "e) All meetings of the Commission and its designated committees shall be open to the public with reasonable advance notice. The Commission may, by majority vote, close a meeting to the public for the purpose of considering sensitive personnel or legal strategy matters. However, all Commission actions and decisions shall be made in open meetings and appropriately recorded. A roll call may be required upon request of any member or the presiding officer. "f) The Commission may establish advisory committees for the purpose of advising the Commission on any matters pertaining to waste management, waste generation and source and volume reduction. "g) The Office of the Commission shall be in the first state eligible to be a host state. The Commission may appoint or contract for and compensate such staff necessary to carry out its duties and functions. The staff shall serve at the Commission's pleasure with the exception that staff hired as the result of securing federal funds shall be hired and governed under applicable federal statutes and regulations. In selecting any staff, the Commission shall assure that the staff has adequate experience and formal training to carry out the functions assigned to it by the Commission. "h) All files, records and data of the Commission shall be open to reasonable public inspection and may be copied upon payment of reasonable fees to be established where appropriate by the Commission, except for information privileged against introduction in judicial proceedings. Such fees may be waived or shall be reduced substantially for not-for-profit organizations. "i) The Commission may: "1) Enter into an agreement or contract with any person, state or group of states for the right to use regional facilities for waste generated outside of the region and for the right to use facilities outside the region for waste generated within the region. No person may use a regional facility for waste generated outside the region unless both a majority of the members of the Commission and all members from the host state in which any affected regional facility is located vote in favor of permitting such use. No person in the region may use a storage, treatment or disposal facility outside the region without prior Commission approval. No such agreement or contract shall be valid unless specifically approved by a law enacted by the legislature of the host state. "2) Approve the disposal of waste generated within the region at a facility other than a regional facility. "3) Appear as an intervenor or party in interest before any court of law or any federal, state or local agency, board or commission in any matter related to waste management. In order to represent its views, the Commission may arrange for any expert testimony, reports, evidence or other participation. 4) Review the emergency closure of a regional facility, determine the appropriateness of that closure, and take whatever actions are necessary to ensure that the interests of the region are protected, provided that a party state with a total volume of waste recorded on low-level radioactive waste manifests for any year that is less than 10 percent of the total volume recorded on such manifests for the region during 4 ^. same year shall not be designated a host state or be required to store the region's

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Page:United States Statutes at Large Volume 99 Part 2.djvu/775

 PUBLIC LAW 99-240—JAN. 15, 1986 waste. In determining the 10 percent exclusion, there shall not be included waste recorded on low-level radioactive waste manifests by a person whose principal business is providing a service by arranging for the collection, transportation, treatment, storage or disposal of such waste. "5) Take any action which is appropriate and necessary to perform its duties and functions as provided in this compact. "6) Suspend the privileges or revoke the membership of a party state, "j) The Commission shall: "D Submit an annual report to, and otherwise communicate with, the governors and the appropriate officers of the legislative bodies of the party states regarding the activities of the Commission. "2) Here, negotiate, and, as necessary, resolve by final decision disputes which may arise between the party states regarding this compact. "3) Adopt and amend, as appropriate, a regional management plan that plans for the establishment of needed regional facilities. "4) Adopt an annual budget, "k) Funding of the budget of the Commission shall be provided as follows: "1) Each state, upon becoming a party state, shall pay $50,000 to the Commission which shall be used for the administrative costs of the Commission. "2) Each state hosting a regional facility shall levy surcharges on each user of the regional facility based upon its portion of the total volume and characteristics of wastes managed at that facility. The surcharges collected at all regional facilities shall: "A) be sufficient to cover the annual budget of the Commission; and "B) be paid to the Commission, provided, however, that each host state collecting surcharges may retain a portion of the collection sufficent to cover its administrative costs of collection. "D The Commission shall keep accurate accounts of all receipts and disbursements. The Commission shall contract with an independent certified public accountant to annually audit all receipts and disbursements of Commission funds and to submit an audit report to the Commission. The audit report shall be made a part of the annual report of the Commission required by this Article. "m) The Commission may accept for any of its purposes and functions and may utilize and dispose of any donations, grants of money, equipment, supplies, materials and services 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 or grant accepted or received by the Commission together with the identity of the donor, grantor, or lender, shall be detailed in the annual report of the Commission. The Commission shall establish guidelines for the acceptance of donations, grants, equipment, supplies, materials and services and shall review such guidelines annually. "n) The Commission is not liable for any costs associated with any of the following:

99 STAT. 1885

Report.

Contracts. Audit. Reports.

Grants. Report.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/776

 99 STAT. 1886

Transportation.

PUBLIC LAW 99-240—JAN. 15, 1986

"1) the licensing and construction of any facility; "2) the operation of any facility; "3) the stabilization and closure of any facility; "4) the extended care of any facility; "5) the institutional control, after extended care of any facility; or "6) the transportation of waste to any facility. "o) The Commission is a legal entity separate and distinct from the party states and is liable for its actions as a separate and distinct legal entity. Members of the Commission are not personally liable for actions taken by them in their official capacity, "p) Except as provided under Sections (n) and (o) of this Article, nothing in this compact alters liability for any action, omission, course of conduct or liability resulting from any causal or other relationships. "q) Any person aggrieved by a final decision of the Commission, which adversely affects the legal rights, duties or privileges of such person, may petition a court of competent jurisdiction, within 60 days after the Commission's final decision, to obtain judicial review of said final decision. "ARTICLE IV. REGIONAL MANAGEMENT PLAN

Health. Safety.

"The Commission shall adopt a regional management 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 of public health and safety, the type 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 adopt policies promoting source and volume reduction of waste generated within the region. "c) Develop alternative means for the treatment, storage and disposal of waste, other than shallow-land burial or underground injection well. "d) Prepare a draft regional management plan that shall be made available in a convenient form to the public for comment. The Commission shall conduct one or more public hearings in each party state prior to the adoption of the regional management plan. The regional management plan shall include the Commission's response to public and party state comment. "ARTICLE V. RIGHTS AND OBLIGATIONS OF PARTY STATES "a) Each party state 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) Other than the provisions of Article V(f), each party state has the right to have all wastes generated within borders managed at regional facilities subject to the provisions contained in Article IX(b) and 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 Ill(i)(l).

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Page:United States Statutes at Large Volume 99 Part 2.djvu/777

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1887

"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 Ill(i)(l). "d) To the extent permitted by federal law, each party state may enforce any applicable 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. "f) Waste originating from the Maxey Flats nuclear waste disposal site in Fleming County, Kentucky shall not be shipped to the regional facility for storage, treatment or disposal. Disposition of these wastes shall be the sole responsibility of the Commonwealth of Kentucky and shall not be subject to the provisions of this compact.

Exports.

Regulations. Transportation. Prohibition. Contracts.

Kentucky. Prohibition.

"ARTICLE VI. DEVELOPMENT AND OPERATION OF FACILITIES "a) Any party state may volunteer to become a host state, and the Commission may designate that state as a host state. "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) A party state shall not be selected as a host state for any regional facility unless that state's total volume of waste recorded on low-level radioactive waste manifests for any year is more than 10 percent of the total volume recorded on such manifests for the region during the same year. In determining the 10 percent exclusion, there shall not be included waste recorded on low-level radioactive waste manifests by a person whose principal business is providing a service by arranging for the collection, transportation, treatment, storage or disposal of such waste. "d) 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, engineering and economic viability of possible facility locations. 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. "f) After a state is designated a host state by the Commission, it is responsible for the timely development and operation of a regional facility. "g) 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.
 * e) Any party state designated as a host state may request the

Prohibitions.

Prohibition.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/778

 99 STAT. 1888

Health. Safety. 42 USC 10101 note.

Prohibition. Environmental protection. Health. Safety.

Prohibition. Transportation.

PUBLIC LAW 99-240—JAN. 15, 1986

"h) 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. "i) 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 shorter. Upon request of a host state, the Commission may modify the period of its designation. "j) 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 costs including, but not limited to, the planning, siting, licensure, operation, pre-closure corrective action or clean-up, monitoring, inspection, decommissioning, extended care and long-term liability, associated with such facilities. This fee system may provide for payment to units of local government affected by a regional facility for costs incurred in connection with such facility. This fee system may also include reasonable revenue beyond the costs incurred for the host state, subject to approval by the Commission. The fee system shall include incentives for source or volume reduction and may be based on the hazard of the waste. A host state shall submit an annual financial audit of the operation of the regional facility to the Commission. "k) 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 extended 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, unless, pursuant to the federal Nuclear Waste Policy Act of 1982, the federal government has assumed title and custody of the regional facility and the federal government thereby has assumed responsibility to provide for the extended care of such facility. "D 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 least 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. "m) 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, provided that the region's waste shall not be stored in a party state with a total volume of waste recorded on low-level radioactive waste manifests for any year which is less than 10 percent of the total volume recorded on such manifests for the region during the same year. In determining the 10 percent exclusion, there shall not be included waste recorded on low-level radioactive waste manifests by a person whose principal business is providing a service by arranging for the collection, transportation, treatment, storage or disposal of such waste. "n) A party state which is designated as a host state by the Commission and fails to fulfill its obligations as a host state may

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Page:United States Statutes at Large Volume 99 Part 2.djvu/779

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1889

have its privileges under the compact suspended or membership in the compact revoked by the Commission. "o) The host state shall create an 'Extended Care and Long-Term Liability Fund' and shall allocate sufficient fee revenues, received pursuant to Article VI(j), to provide for the costs of: "D decommissioning and other procedures required for the proper closure of a regional facility; "2) monitoring, inspection and other procedures required for the proper extended care of a regional facility; "3) undertaking any corrective action or clean-up necessary to protect human health and the environment from radioactive releases from a regional facility; and "4) compensating any person for medical and other expenses incurred from damages to human health, personal injuries suffered from damages to human health and damages or losses to real or personal property, and accomplishing any necessary corrective action or clean-up on real or personal property caused by radioactive releases from a regional facility; the host state may allocate monies in this Fund in amounts as it deems appropriate to purchase insurance or to make other similar financial protection arrangements consistent with the purposes of this Fund; this Section shall in no manner limit the financial responsibilities of the site operator pursuant to Article VI(p) and the party states, or any other states which contract to dispose of wastes at the regional facility, pursuant to Article Vl(q). "p) The operator of a regional facility shall purchase an amount of property and third-party liability insurance deemed appropriate by the host state, pay the necessary periodic premiums at all times and make periodic payments to the Extended Care and Long-Term Liability Fund as set forth in Article VI(o) for such amounts as the host state reasonably determines is necessary to provide for future premiums to continue such insurance coverage, in order to pay the costs of compensating any person for medical and other expenses incurred from damages to human health, personal injuries suffered from damages to human health and damages or losses to real or personal property, and accomplishing any necessary corrective action or clean-up on real or personal property caused by radioactive releases from a regional facility. In the event of such costs resulting from radioactive releases from a regional facility, the host state should, to the maximum extent possible, seek to obtain monies from such insurance prior to using monies from the Extended Care and Long-Term Liability Fund. "q) All party states, or any other states which contract to dispose of wastes at the regional facility, shall be liable for the cost of extended care and long-term liability in excess of monies available from the Extended Care and Long-Term Liability Fund, as set forth in Article VI(o) and from the property and third-party liability insurance as set forth in Article VI(p). A party state may meet such liability for costs by levying surcharges upon generators located in the party state. The extent of such liability for such party state shall be based on the proportionate share of the total volume of waste placed in the regional facility by generators located in each such party state. Such liability shall be joint and several among the party states with a right of contribution between the party states. However, this Section shall not apply to a party state with a total volume of waste recorded on low-level radioactive waste manifests for any

Health. Environmental protection. Health. Real property. Gifts and property. Insurance. Contracts.

Real property. Insurance. Health.

Contracts. Prohibition.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/780

 99 STAT. 1890

PUBLIC LAW 99-240—JAN. 15, 1986

year that is less than 10 percent of the total volume recorded on such manifests for the region during the same year. "ARTICLE VII. OTHER LAWS AND REGULATIONS Prohibitions.

Research and development.

Transportation. Taxes.

Contracts.

Prohibition. Regulations.

Prohibition.

"a) Nothing in this compact: "D 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 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 defined in 42 U.S.C. 2021; "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 state or its political subdivisions to tax or impose fees on the waste managed at any facility within its borders; "8) requires a party state to enter into any agreement with the U.S. Nuclear Regulatory Commission; or "9) alters or limits liability of transporters of waste and owners and operators of sites for their acts, omissions, conduct or relationships in accordance with applicable laws. "b) For purposes 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, regulation, fee or surcharge 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. "d) No person who provides a service by arranging for collection, transportation, treatment, storage or disposal for waste generated outside the region shall be allowed to dispose of such waste at a regional facility unless specifically approved by the Commission pursuant to the provisions of Article III(i)(l). "ARTICLE VIII. ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION, ENTRY INTO FORCE, TERMINATION

Illinois. Kentucky.

"a) Eligible parties to this compact are the State of Illinois and Commonwealth of Kentucky. Eligibility terminates on April 15, 1985. "b) An eligible state becomes a party state when the state enacts the compact into law and pays the membership fee required in ArticleIll(k)(l). _.i._.,... _ v,, .

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Commission by the eligible states. The Governor of Illinois 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 provisions of this compact. "d) Other than the special circumstances for withdrawal in Section (f) of this Article, either party state may withdraw from this compact at any time by repealing the authorizing legislation, but no withdrawal may take effect until 5 years after the governor of the withdrawing state gives notice in writing of the withdrawal to the Commission and to the governor of the other 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. "e) This compact becomes effective July 1, 1984, or at any date subsequent to July 1, 1984, upon enactment by the eligible states. However, Article IX(b) shall not take effect until the Congress has by law consented to this compact. The Congress shall have an opportunity to withdraw such consent every 5 years. Failure of the Congress affirmatively to withdraw its consent has the effect of renewing consent for an additional 5 year period. The consent given to this compact by the Congress shall extend to the power of the region to ban the shipment of waste into the region pursuant to Article IIKiXD and to prohibit exportation of waste generated within the region pursuant to Article Ill(i)(l). "f) A state which has been designated a host state may withdraw from the compact. The option to withdraw must be exercised within 90 days of the date the governor of the designated state receives written notice of the designation. Withdrawal becomes effective immediately after notice is given in the following manner. The governor of the withdrawing state shall give notice in writing to the Commission and to the governor of each party state. A state which withdraws from the compact under this Section forfeits any funds already paid pursuant to this compact. 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(i), after January 1, 1986 it is a violation of this compact: "D 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 generated within the region; or
 * c) The Commission is formed upon the appointment of Commission members and the tender of the membership fee payable to the

Effective date.

Prohibition. Exports.

Effective date.

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Regulation.

PUBLIC LAW 99-240—JAN. 15, 1986

"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 of waste packaged or transported in violation of applicable laws, rules or 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. "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 the United States, or if 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.

SEC. 225. MIDWEST INTERSTATE LOW-LEVEL MANAGEMENT COMPACT.

Iowa. Indiana. Michigan. Minnesota. Missouri. Ohio. Wisconsin.

The consent of Congress is hereby given to the States of Iowa, Indiana, Michigan, Minnesota, Missouri, Ohio, and Wisconsin to enter into the Midwest Interstate Compact on Low-level Radioactive Waste Management. Such compact is as follows:

Research and development.

RADIOACTIVE

WASTE

"ARTICLE I. POLICY AND PURPOSE "There is created the Midwest Interstate Low-level Radioactive Waste Compact. "The states party to this compact recognize that the Congress of the United States, by enacting the Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021b to 2021d), has provided for and encouraged the development of low-level radioactive waste compacts as a tool for managing such waste. The party states acknowledge that the Congress has declared that each state is responsible for providing for the availability of capacity either within or outside the state for the disposal of low-level radioactive waste generated within its borders, except for wsiste generated as a result of certain defense activities of the federal government or federal research and development activities. The party states also recognize that the management of low-level radioactive waste is handled most efficiently on a regional basis; and, that the safe and efficient management of lowlevel radioactive waste generated within the region requires that sufficient capacity to manage such waste be properly provided. "a. It is the policy of the party states to enter into a regional lowlevel radioactive waste management compact for the purpose of: " 1. Providing the instrument and framework for a cooperative effort; "2. Providing sufficient facilities for the proper management of low-level radioactive waste generated in the region;

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"3. Protecting the health and safety of the citizens of the region; "4. Limiting the number of facilities required to effectively and efficiently manage low-level radioactive waste generated in the region; "5. Encouraging the reduction of the amounts of low-level radioactive waste generated in the region; "6. Distributing the costs, benefits and obligations of successful low-level radioactive waste management equitably among the party states, and among generators and other persons who use regional facilities to manage their waste; and "7. Ensuring the ecological and economical management of low-level radioactive wastes, "b. Implicit in the Congressional consent to this compact is the expectation by the Congress and the party states that the appropriate federal agencies will actively assist the Compact Commission and the individual party states to this compact by: " 1. Expeditious enforcement of federal rules, regulations and laws; "2. Imposition of sanctions against those found to be in violation of federal rules, regulations and laws; and "3. Timely inspection of their licensees to determine their compliance with these rules, regulations and laws. "ARTICLE II. DEFINITIONS "As used in this compact, unless the context clearly requires a different construction: "a. 'Care' means the continued observation of a facility after closure for the purposes of detecting a need for maintenance, ensuring environmental safety, and determining compliance with applicable licensure and regulatory requirements and including the correction of problems which are detected as a result of that observation. "b. 'Commission' means the Midwest Interstate Low-Level Radioactive Waste Commission. "c. 'Decommissioning' means the measures taken at the end of a facility's operating life to assure the continued protection of the public from any residual radioactivity or other potential hazards present at a facility. "d. 'Disposal' means the isolation of waste from the biosphere in a permanent facility designed for that purpose. "e. 'Eligible state' means a state qualified to be a party state to this compact as provided in Article VIII. "f. 'Facility' means a parcel of land or site, together with the structures, equipment and improvements on or appurtenant to the land or site, which is used or is being developed for the treatment, storage or disposal of low-level radioactive waste. "g. 'Generator' means any person who produces or possesses lowlevel radioactive waste in the course of or incident to manufacturing, power generation, processing, medical diagnosis and treatment, research, or other industrial or commercial activity and who, to the extent required by law, is licensed by the U.S. Nuclear Regulatory Commission or a party state, to produce or possess such waste. Generator does not include a person who provides a service by arranging for the collection, transportation, treatment, storage or disposal of wastes generated outside the region.

Health. Safety.

Regulations.

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"h. 'Host state' means any state which is designated by the Commission to host a regional facility. "i. 'Low-level radioactive waste' or 'waste' means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel or by-product material as defined in Section 11(e)(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2014). " j. 'Management plan' means the plan adopted by the Commission for the storage, transportation, treatment and disposal of waste within the region. "k. 'Party state' means any eligible state which enacts the compact into law. "1. 'Person' means any individual, corporation, business enterprise or other legal entity either public or private and any legal successor, representative, agent or agency of that individual, corporation, business enterprise, or legal entity. "m. 'Region' means the area of the party states. "n. 'Regional facility' means a facility which is located within the region and which is established by a party state pursuant to designation of that state as a host state by the Commission. "o. 'Site' means the geographic location of a facility. "p. 'State' means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands or any other territbrial possession of the United States. "q, 'Storage' means the temporary holding of waste for treatment or disposal. "r. 'Treatment' means any method, technique or process, including storage for radioactive decay, designed to change the physical, chemical or biological characteristics or composition of any waste in order to render the waste safer for transport or management, amenable to recovery, convertible to another usable material, or reduced in volume. "s. 'Waste management' means the storage, transportation, treatment, or disposal of waste. "ARTICLE III. THE COMMISSION Midwest Interstate LowLevel Radioactive Waste Commission, establishment.

Prohibition.

"a. There is hereby created the Midwest Interstate Low-Level Radioactive Waste Commission. The Commission consists of one voting member from each party state. The Governor of each party state shall notify the Commission in writing of its member and any alternates. An alternate may act on behalf of the member only in that member's absence. The method for selection and the expenses of each Commission member shall be the responsibility of the member's respective state. "b. Each Commission member is entitled to one vote. No action of the Commission is 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 chairperson. The Commission shall adopt and publish, in convenient form, bylaws, and policies which are not inconsistent with this compact, including procedures which substantially conform with the provisions of federal law on administrative procedure compiled at 5 U.S.C. 500 to 559 in regard to notice, conduct and recording of meetings; access by the public to records; provision of information to the public; conduct of adjudicatory hearings; and issuance of decisions. ..,:.._-....-.....,.. _-.„.,,,...,-.....,.......-..•..-

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"d. The Commission shall meet at least once annually and shall also meet upon the call of the chairperson or a Commission member, "e. All meetings of the Commission shall be open to the public with reasonable advance notice. The Commission may, by majority vote, close a meeting to the public for the purpose of considering sensitive personnel or legal strategy matters. However, all Commission actions and decisions shall be made in open meetings and appropriately recorded. "f. The Commission may establish advisory committees for the purpose of advising the Commission on any matters pertaining to waste management. "g. The office of the Commission shall be in a party state. The Commission may appoint or contract for and compensate such limited staff necessary to carry out its duties and functions. The staff shall serve at the Commission's pleasure with the exception that staff hired as the result of securing federal funds shall be hired and governed under applicable federal statutes and regulations. In selecting any staff, the Commission shall assure that the staff has adequate experience and formal training to carry out the functions assigned to it by the Commission, "h. The Commission may: "1. Enter into an agreement with any person, state, or group of states for the right to use regional facilities for waste generated outside of the region and for the right to use facilities outside the region for waste generated within the region. The right of any person to use a regional facility for waste generated outside of the region requires an affirmative vote of a majority of the Commission, including the affirmative vote of the member of the host state in which any affected regional facility is located. "2. Approve the disposal of waste generated within the region at a facility other than a regional facility. "3. Appear as an intervener or party in interest before any court of law or any federal, state or local agency, board or commission in any matter related to waste management. In order to represent its views, the Commission may arrange for any expert testimony, reports, evidence or other participation. "4. Review the emergency closure of a regional facility, determine the appropriateness of that closure, and take whatever actions are necessary to ensure that the interests of the region are protected. "5. Take any action which is appropriate and necessary to perform its duties and functions as provided in this compact. "6. Suspend the privileges or revoke the membership of a party state by a two-thirds vote of the membership in accordance with Article VIII. "1. Receive and act on the petition of a nonparty state to become an eligible state. "2. Submit an annual report to, and otherwise communicate with, the governors and the appropriate officers of the legislative bodies of the party states regarding the activities of the Commission. "3. Hear, negotiate, and, as necessary, resolve by final decision disputes which may arise between the party states regarding this compact.
 * i. The Commission shall:

Contracts.

Contracts.

Reports.

Report.

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Contracts. Audit. Report.

Grants.

Report.

Transportation.

Prohibition.

PUBLIC LAW 99-240—JAN. 15, 1986

"4. Adopt and amend, by a two-thirds vote of the membership, in accordance with the procedures and criteria developed pursuant to Article IV, a regional management plan which designates host states for the establishment of needed regional facilities, "5. Adopt an annual budget, " j. Funding of the budget of the Commission shall be provided as follows: " 1. Each state, upon becoming a party state, shall pay $50,000 or $1,000 per cubic meter of waste shipped from that state in 1980, whichever is lower, to the Commission which shall be used for the administrative costs of the Commission; "2. Each state hosting a regional facility shall levy surcharges on all users of the regional facility based upon its portion of the total volume and characteristics of wastes managed at that facility. The surcharges collected at all regional facilities shall: "(a) Be sufficient to cover the annual budget of the Commission; and "(b) Represent the financial commitments of all party states to the Commission; and "(c) Be paid to the Commission, provided, however, that each host state collecting surcharges may retain a portion of the collection sufficient to cover its administrative costs of collection, and that the remainder be sufficient only to cover the approved annual budget of the Commission. "k. The Commission shall keep accurate accounts of all receipts and disbursements. The Commission shall contract with an independent certified public accountant to annually audit all receipts and disbursements of Commission funds, and to submit an audit report to the Commission. The audit report shall be made a part of the annual report of the Commission required by this Article. "1. The Commission may accept for any of its purposes and functions and may utilize and dispose of any donations, grants of money, equipment, supplies, materials and services 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 or grant accepted or received by the Commission together with the identity of the donor, grantor or lender, shall be detailed in the annual report of the Commission. "m. The Commission is not liable for any costs associated with any of the following: " 1. The licensing and construction of any facility, "2. The operation of any facility, "3. The stabilization and closure of any facility, "4. The care of any facility, "5. The extended institutional control, after care of any facility, or "6. The transportation of waste to any facility, "n, 1. The Commission is a legal entity separate and distinct from the party states and is liable for its actions as a separate and distinct legal entity. Liabilities of the Commission are not liabilities of the party states. Members of the Commission are not personally liable for actions taken by them in their official capacity. "2. Except as provided under sections m. and n.l. of this article, nothing in this compact alters liability for any act, omission,

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