2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the environment; adopting changes to the 1.3 Midwest Interstate Compact on Low-Level Radioactive 1.4 Waste; making conforming changes; amending Minnesota 1.5 Statutes 1994, sections 116C.831; 116C.832, 1.6 subdivision 1, and by adding a subdivision; 116C.833, 1.7 subdivision 2; 116C.834, subdivision 1, and by adding 1.8 a subdivision; 116C.835, subdivision 6; 116C.836, 1.9 subdivision 2; and 116C.842, by adding subdivisions; 1.10 proposing coding for new law in Minnesota Statutes, 1.11 chapter 116C; repealing Minnesota Statutes 1994, 1.12 sections 116C.832, subdivisions 2, 7, and 8; 116C.837; 1.13 116C.839; 116C.840, subdivision 3; 116C.841; 116C.842, 1.14 subdivisions 1, 2, and 3; 116C.845; 116C.846; 1.15 116C.847; and 116C.848. 1.16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.17 Section 1. Minnesota Statutes 1994, section 116C.831, is 1.18 amended to read: 1.19 116C.831 [MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE 1.20 COMPACT.] 1.21 The Midwest Interstate Low-Level Radioactive Waste Compact 1.22 is enacted into law and entered into with all jurisdictions 1.23 legally joining therein in the form substantially as follows: 1.24 ARTICLE I. POLICY AND PURPOSE 1.25 There is created the Midwest Interstate Low-Level 1.26 Radioactive Waste Compact. 1.27 The states party to this compact recognize that the 1.28 Congress of the United States, by enacting the Low-Level 1.29 Radioactive Waste Policy Act (United States Code, title 42, 1.30 sections 2021b to
2021d2021j), as amended through December 2.1 31, 19821985, has provided for and encouraged the development 2.2 of low-level radioactive waste compacts as a tool for managing2.3 disposing of such waste. The party states acknowledge that the 2.4 Congress has declared that each state is responsible for 2.5 providing for the availability of capacity either within or 2.6 outside the state for the disposal of low-level radioactive 2.7 waste generated within its borders, except for waste generated 2.8 as a result of certain defense activities of the federal 2.9 government or federal research and development activities. The 2.10 party states also recognize that the managementdisposal of 2.11 low-level radioactive waste is handled most efficiently on a 2.12 regional basis; and, that the safe and efficient management of 2.13 low-level radioactive waste generated within the region requires 2.14 that sufficient capacity to managedispose of such waste be 2.15 properly provided. 2.16 a. It is the policy of the party states to enter into a 2.17 regional low-level radioactive waste managementdisposal compact 2.18 for the purpose of: 2.19 1. Providing the instrument and framework for a 2.20 cooperative effort; 2.21 2. Providing sufficient facilities for the proper 2.22 managementdisposal of low-level radioactive waste generated in 2.23 the region; 2.24 3. Protecting the health and safety of the citizens of the 2.25 region; 2.26 4. Limiting the number of facilities required to 2.27 effectively and efficiently managedispose of low-level 2.28 radioactive waste generated in the region; 2.29 5. Encouraging thesource reduction of the amounts of2.30 low-level radioactive waste generated in the regionand the 2.31 environmentally sound treatment of waste that is generated to 2.32 minimize the amount of waste to be disposed of; 2.33 6. DistributingEnsuring that the costs, benefits2.34 expenses, liabilities, and obligations of successfullow-level 2.35 radioactive waste management equitably among the party states,2.36 and amongdisposal are paid by generators and other persons who 3.1 use regionalcompact facilities to managedispose of their 3.2 waste; and3.3 7. Ensuring that the obligations of low-level radioactive 3.4 waste disposal that are the responsibility of the party states 3.5 are shared equitably among them; 3.6 8. Ensuring that the party states that comply with the 3.7 terms of this compact and fulfill their obligations under it 3.8 share equitably in the benefits of the successful disposal of 3.9 low-level radioactive waste; and 3.10 9. Ensuring the ecological andenvironmentally sound, 3.11 economical management, and secure disposal of low-level 3.12 radioactive wastes. 3.13 b. Implicit in the Congressional consent to this compact 3.14 is the expectation by the Congress and the party states that the 3.15 appropriate federal agencies will actively assist the Compact 3.16 Commission and the individual party states to this compact by: 3.17 1. Expeditious enforcement of federal rules, regulations 3.18 and laws; 3.19 2. Imposition of sanctions against those found to be in 3.20 violation of federal rules, regulations and laws; and 3.21 3. Timely inspection of their licensees to determine their 3.22 compliance with these rules, regulations and laws. 3.23 ARTICLE II. DEFINITIONS 3.24 As used in this compact, unless the context clearly 3.25 requires a different construction: 3.26 a. "Care" means the continued observation of a facility 3.27 after closureclosing for the purposes of detecting a need for 3.28 maintenance, ensuring environmental safety, and determining 3.29 compliance with applicable licensure and regulatory requirements 3.30 and including the correction of problems which are detected as a 3.31 result of that observation. 3.32 b. "Close," "closed," or "closing" means that the compact 3.33 facility with respect to which any of those terms is used has 3.34 ceased to accept waste for disposal. "Permanently closed" means 3.35 that the compact facility with respect to which the term is used 3.36 has ceased to accept waste because it has operated for 20 years 4.1 or a longer period of time as authorized by article VI.i. of 4.2 this compact, its capacity has been reached, the Commission has 4.3 authorized it to close pursuant to article III.h.7. of this 4.4 compact, the host state of such facility has withdrawn from the 4.5 compact or had its membership revoked, or this compact has been 4.6 dissolved. 4.7 c. "Commission" means the Midwest Interstate Low-Level 4.8 Radioactive Waste Commission. 4.9 c. "Decommissioning" means the measures taken at the end4.10 of a facility's operating life to assure the continued4.11 protection of the public from any residual radioactivity or4.12 other potential hazards present at a facility.4.13 d. "Compact facility" means a waste disposal facility that 4.14 is located within the region and that is established by a party 4.15 state pursuant to the designation of that state as a host state 4.16 by the Commission. 4.17 e. "Development" includes the characterization of 4.18 potential sites for a waste disposal facility, siting of such a 4.19 facility, licensing of such a facility, and other actions taken 4.20 by a host state prior to the commencement of construction of 4.21 such a facility to fulfill its obligations as a host state. 4.22 f. "Disposal," means the isolation of waste from the4.23 biosphere in a permanent facility designed for that purposewith 4.24 regard to low-level radioactive waste, means the permanent 4.25 isolation of that waste in accordance with the requirements 4.26 established by the United States Nuclear Regulatory Commission 4.27 or the licensing agreement state. 4.28 e. "Eligible state" means a state qualified to be a party4.29 state to this compact as provided in article VIII.4.30 g. "Disposal plan" means the plan adopted by the 4.31 Commission for the disposal of waste within the region. 4.32 f.h. "Facility" means a parcel of land or site, together 4.33 with the structures, equipment and improvements on or 4.34 appurtenant to the land or site, which is or has been used or is4.35 being developedfor the treatment, storage ordisposal of 4.36 low-level radioactive waste, which is being developed for that 5.1 purpose, or upon which the construction of improvements or 5.2 installation of equipment is occurring for that purpose. 5.3 g.i. "Final decision" means a final action of the 5.4 Commission determining the legal rights, duties, or privileges 5.5 of any person. "Final decision" does not include preliminary, 5.6 procedural, or intermediate actions by the Commission, actions 5.7 regulating the internal administration of the Commission, or 5.8 actions of the Commission to enter into or refrain from entering 5.9 into contracts or agreements with vendors to provide goods or 5.10 services to the Commission. 5.11 j. "Generator" means any person who first produces or5.12 possesseslow-level radioactive waste, including, without 5.13 limitation, any person who does so in the course of or incident 5.14 to manufacturing, power generation, processing, waste treatment, 5.15 waste storage, medical diagnosis and treatment, research, or 5.16 other industrial or commercial activity and who, to the extent5.17 required by law, is licensed by the U.S. Nuclear Regulatory5.18 Commission or a party state, to produce or possess such waste.5.19 Generator does not include a person who provides a service by5.20 arranging for the collection, transportation, treatment, storage5.21 or disposal of wastes generated outside the region. If the 5.22 person who first produced an item or quantity of waste cannot be 5.23 identified, "generator" means the person first possessing the 5.24 waste who can be identified. 5.25 h.k. "Host state" means any state which is designated by 5.26 the Commission to host a regionalcompact facility or has hosted 5.27 a compact facility. 5.28 l. "Long-term care" means those activities taken by a host 5.29 state after a compact facility is permanently closed to ensure 5.30 the protection of air, land, and water resources and the health 5.31 and safety of all people who may be affected by the facility. 5.32 i.m. "Low-level radioactive waste" or "waste" means 5.33 radioactive waste that is not classified as high-level 5.34 radioactive waste , transuranic waste, spent nuclear fuel or5.35 by-product material as defined in section 11(e)(2) of the Atomic5.36 Energy Act of 1954, (United States Code, title 42, section 2014).6.1 j. "Management plan" means the plan adopted by the6.2 Commission for the storage, transportation, treatment, and6.3 disposal of waste within the region.and that is class A, B, or 6.4 C low-level radioactive waste as defined in Code of Federal 6.5 Regulations, title 10, section 61.55, as that section existed on 6.6 January 26, 1983. Low-level radioactive waste or waste does not 6.7 include any such radioactive waste that is owned or generated by 6.8 the United States Department of Energy; by the United States 6.9 Navy as a result of the decommissioning of its vessels; or as a 6.10 result of any research, development, testing, or production of 6.11 any atomic weapon. 6.12 n. "Operates," "operational," or "operating" means that 6.13 the compact facility with respect to which any of those terms is 6.14 used accepts waste for disposal. 6.15 k.o. "Party state" means any eligible state whichthat 6.16 enacts thethis compact into law ., pays any eligibility fee 6.17 established by the Commission, and has not withdrawn from this 6.18 compact or had its membership in this compact revoked, provided 6.19 that a state that has withdrawn from this compact or had its 6.20 membership revoked again becomes a party state if it is 6.21 readmitted to membership in this compact pursuant to article 6.22 VIII.a. of this compact. Party state includes any host state. 6.23 Party state also includes any statutorily created administrative 6.24 departments, agencies, or instrumentalities of a party state, 6.25 but does not include municipal corporations, regional or local 6.26 units of government, or other political subdivisions of a party 6.27 state that are responsible for governmental activities on less 6.28 than a statewide basis. 6.29 l.p. "Person" means any individual, 6.30 corporation, association, business enterprise or other legal 6.31 entity either public or private and any legal successor, 6.32 representative, agent, or agency of that individual, 6.33 corporation, association, business enterprise, or other legal 6.34 entity. Person also includes the United States, states, 6.35 political subdivisions of states, and any department, agency, or 6.36 instrumentality of the United States or a state. 7.1 m.q. "Region" means the area of the party states. 7.2 n. "Regional facility" means a facility which is located7.3 within the region and which is established by a party state7.4 pursuant to designation of that state as a host state by the7.5 Commission.7.6 o.r. "Site" means the geographic location of a facility. 7.7 p.s. "State" means a state of the United States, the 7.8 District of Columbia, the Commonwealth of Puerto Rico, the 7.9 Virgin Islands or any other territorial possession of the United 7.10 States. 7.11 q.t. "Storage" means the temporary holding of waste for7.12 treatment or disposal. 7.13 r.u. "Treatment" means any method, technique or process, 7.14 including storage for radioactive decay, designed to change the 7.15 physical, chemical or biological characteristics or composition 7.16 of any waste in order to render the waste safer for transport or 7.17 management, amenable to recovery, convertible to another usable 7.18 material, or reduced in volume. 7.19 s.v. "Waste management," "manage waste," "management of 7.20 waste," "management," or "managed" means the 7.21 storage, transportation,treatment, or disposal of waste. 7.22 ARTICLE III. THE COMMISSION 7.23 a. There is hereby created the Midwest Interstate 7.24 Low-Level Radioactive Waste Commission. The Commission consists 7.25 of one voting member from each party state. The Governor of 7.26 each party state shall notify the Commission in writing of its 7.27 member and any alternates. An alternate may act on behalf of 7.28 the member only in that member's absence. The method for 7.29 selection and the expenses of each Commission member shall be 7.30 the responsibility of the member's respective state. 7.31 b. Each Commission member is entitled to one vote. No7.32 Except as otherwise specifically provided in this compact, an 7.33 action of the Commission is binding unlessif a majority of the 7.34 total membership cast theircasts its vote in the affirmative. 7.35 A party state may direct its member or alternate member of the 7.36 Commission how to vote or not vote on matters before the 8.1 Commission. 8.2 c. The Commission shall elect annually from among its 8.3 members a chairperson. The Commission shall adopt and publish, 8.4 in convenient form, bylaws, and policies which are not 8.5 inconsistent with this compact, including procedures for the use 8.6 of binding arbitration under article VI.o. of this compact and 8.7 procedures which substantially conform with the provisions 8.8 of the federal law onAdministrative Procedure Act compiled at 8.9 United States Code, title 5, sections 500 to 559, as amended8.10 through December 31, 1982,in regard to notice, conduct and 8.11 recording of meetings; access by the public to records; 8.12 provision of information to the public; conduct of adjudicatory 8.13 hearings; and issuance of decisions. 8.14 d. The Commission shall meet at least once annually and 8.15 shall also meet upon the call of the chairperson or aany other 8.16 Commission member. 8.17 e. All meetings of the Commission shall be open to the 8.18 public with reasonable advance notice. The Commission may, by 8.19 majority vote, close a meeting to the public for the purpose of 8.20 considering sensitive personnel or legal strategy matters. 8.21 However, all Commission actions and decisions shall be made in 8.22 open meetings and appropriately recorded. 8.23 f. The Commission may establish advisory committees for 8.24 the purpose of advising the Commission on any matters pertaining 8.25 to waste management. 8.26 g. The office of the Commission shall be in a party 8.27 state. The Commission may appoint or contract for and 8.28 compensate such limited staff necessary to carry out its duties 8.29 and functions. The staff shall have the responsibilities and 8.30 authority delegated to it by the Commission in its bylaws. The 8.31 staff shall serve at the Commission's pleasure with the 8.32 exception that staff hired as the result of securing federal 8.33 funds shall be hired and governed under applicable federal 8.34 statutes and regulations. In selecting any staff, the 8.35 Commission shall assure that the staff has adequate experience 8.36 and formal training to carry out the functions assigned to it by 9.1 the Commission. 9.2 h. The Commission may do any or all of the following: 9.3 1. Enter into an agreement with any person, state, or9.4 group of states for the right to use regional facilities for9.5 waste generated outside of the region and for the right to use9.6 facilities outside the region for waste generated within the9.7 region. The right of any person to use a regional facility for9.8 waste generated outside of the region requires an affirmative9.9 vote of a majority of the Commission, including the affirmative9.10 vote of the member of the host state in which any affected9.11 regional facility is located.9.12 2. Approve the disposal of waste generated within the9.13 region at a facility other than a regional facility.9.14 3.Appear as an intervenor or party in interest before any 9.15 court of law or any federal, state or local agency, board or 9.16 commission in any matter related to waste management. In order 9.17 to represent its views, the Commission may arrange for any 9.18 expert testimony, reports, evidence or other participation. 9.19 4.2. Review theany emergency closureclosing of 9.20 a regionalcompact facility, determine the appropriateness of 9.21 that closureclosing, and take whatever lawful actions are 9.22 necessary to ensure that the interests of the region are 9.23 protected. 9.24 5.3. Take any action which is appropriate and necessary 9.25 to perform its duties and functions as provided in this compact. 9.26 6. Suspend the privileges or revoke the membership of a9.27 party state by a two-thirds vote of the membership in accordance9.28 with article VIII.9.29 4. Approve the disposal of naturally occurring and 9.30 accelerator produced radioactive material at a compact 9.31 facility. The Commission shall not approve the acceptance of 9.32 such material without first making an explicit determination of 9.33 the effect of the new waste stream on the compact facility's 9.34 maximum capacity. Such approval requires the affirmative vote 9.35 of a majority of the Commission, including the affirmative vote 9.36 of the member from the host state of the compact facility that 10.1 would accept the material for disposal. Any such host state 10.2 may, at any time, rescind its vote granting the approval and, 10.3 thereafter, additional naturally occurring and accelerator 10.4 produced radioactive material shall not be disposed of at a 10.5 compact facility unless the disposal is again approved. All 10.6 provisions of this compact apply to the disposal of naturally 10.7 occurring and accelerator produced radioactive material that has 10.8 been approved for disposal at a compact waste facility pursuant 10.9 to article III.h.4. of this compact. 10.10 5. Enter into contracts in order to perform its duties and 10.11 functions as provided in this compact. 10.12 6. When approved by the Commission, with the member from 10.13 each host state in which an affected compact facility is 10.14 operating or being developed or constructed voting in the 10.15 affirmative, enter into agreements to do any of the following: 10.16 a. Import for disposal within the region, waste generated 10.17 outside the region. 10.18 b. Export for disposal outside the region, waste generated 10.19 inside the region. 10.20 c. Dispose of waste generated within the region at a 10.21 facility within the region that is not a compact facility. 10.22 7. Authorize a host state to permanently close a compact 10.23 facility located within its borders earlier than otherwise would 10.24 be required by article VI.i. of this compact. Such a closing 10.25 requires the affirmative vote of a majority of the Commission, 10.26 including the affirmative vote of the member from the state in 10.27 which the affected compact facility is located. 10.28 i. The Commission shall do all of the following: 10.29 1. Receive and act on the petition of a nonparty state to10.30 become an eligible state.10.31 2.Submit an annual report to, and otherwise communicate 10.32 with, the governors and the appropriate officers of the 10.33 legislative bodies of the party states regarding the activities 10.34 of the Commission. 10.35 3. Hear, negotiate, and, as necessary, resolve by final10.36 decision disputes which may arise between the party states11.1 regarding this compact.11.2 4.2. Adopt and amend, by a two-thirds vote of the 11.3 membership, in accordance with the procedures and criteria 11.4 developed pursuant to article IV of this compact, a 11.5 regional managementdisposal plan which designates host states 11.6 for the establishment of needed regionalcompact facilities. 11.7 5.3. Adopt an annual budget. 11.8 4. Establish and implement a procedure for determining the 11.9 capacity of a compact facility. The capacity of a compact 11.10 facility shall be established as soon as reasonably practical 11.11 after the host state of the facility is designated and shall not 11.12 be changed thereafter without the consent of the host state. 11.13 The capacity of a compact facility shall be based on the 11.14 projected volume, radioactive characteristics, or both, of the 11.15 waste to be disposed of at the facility during the period set 11.16 forth in article VI.i. of this compact. 11.17 5. Provide a host state with funds necessary to pay 11.18 reasonable development expenses incurred by the host state after 11.19 it is designated to host a compact facility. 11.20 6. Establish and implement procedures for making payments 11.21 from the remedial action fund provided for in article III.p. of 11.22 this compact. 11.23 7. Establish and implement procedures to investigate any 11.24 complaint joined in by two or more party states regarding 11.25 another party state's performance of its obligations under this 11.26 compact. 11.27 8. Adopt policies promoting source reduction and the 11.28 environmentally sound treatment of waste in order to minimize 11.29 the amount of waste to be disposed of at compact facilities. 11.30 9. Establish and implement procedures for obtaining 11.31 information from generators regarding the volume and 11.32 characteristics of waste projected to be disposed of at compact 11.33 facilities and regarding generator activities with respect to 11.34 source reduction, recycling, and treatment of waste. 11.35 10. Prepare annual reports regarding the volume and 11.36 characteristics of waste projected to be disposed of at compact 12.1 facilities. 12.2 j. Funding of the budget offor the Commission shall be 12.3 provided as follows: 12.4 1. Each state, upon becoming a party state, shall pay12.5 $50,000 or $1,000 per cubic meter of waste shipped from that12.6 state in 1980, whichever is lower, to the Commission which shall12.7 be used for the administrative costs of the Commission;12.8 2. Each state hosting a regional facility shall levy12.9 surcharges on all users of the regional facility based upon its12.10 portion of the total volume and characteristics of wastes12.11 managed at that facility. The surcharges collected at all12.12 regional facilities shall:When no compact facility is 12.13 operating, the Commission may assess fees to be collected from 12.14 generators of waste in the region. The fees shall be reasonable 12.15 and equitable. The Commission shall establish and implement 12.16 procedures for assessing and collecting the fees. The 12.17 procedures may allow the assessing of fees against less than all 12.18 generators of waste in the region; provided that if fees are 12.19 assessed against less than all generators of waste in the 12.20 region, generators paying the fees shall be reimbursed the 12.21 amount of the fees, with reasonable interest, out of the 12.22 revenues of operating compact facilities. 12.23 2. When a compact facility is operating, funding for the 12.24 Commission shall be provided through a surcharge collected by 12.25 the host state as part of the fee system provided for in article 12.26 VI.j. The surcharge to be collected by the host state shall be 12.27 determined by the Commission and shall be reasonable and 12.28 equitable. 12.29 3. In the aggregate, the fees or surcharges, as the case 12.30 may be, shall be no more than is necessary to: 12.31 a. Be sufficient toCover the annual budget of the 12.32 Commission; 12.33 b. Represent the financial commitments of all party states12.34 to the Commission; and12.35 c. Be paid to the Commission, provided, however, that each12.36 host state collecting surcharges may retain a portion of the13.1 collection sufficient to cover its administrative costs of13.2 collection, and that the remainder be sufficient only to cover13.3 the approved annual budget of the Commission.Provide a host 13.4 state with the funds necessary to pay reasonable development 13.5 expenses incurred by the host state after it is designated to 13.6 host a compact facility; 13.7 c. Provide money for deposit in the remedial action fund 13.8 established pursuant to article III.p. of this compact; and 13.9 d. Provide money to be added to an inadequately funded 13.10 long-term care fund as provided in article VI.o. of this compact. 13.11 k. The Commission shall keep accurate accounts of all13.12 receipts and disbursementsFinancial statements of the 13.13 Commission shall be prepared according to generally accepted 13.14 accounting principles. The Commission shall contract with an 13.15 independent certified public accountant to annually audit all13.16 receipts and disbursements of Commission funds,its financial 13.17 statements and to submit an audit report to the Commission. The 13.18 audit report shall be made a part of the annual report of the 13.19 Commission required by article III of this articlecompact. 13.20 1. The Commission may accept for any of its purposes and 13.21 functions and may utilize and dispose of any donations, grants 13.22 of money, equipment, supplies, materials and services from any 13.23 state or the United States (or any subdivision or agency 13.24 thereof), or interstate agency, or from any institution, person, 13.25 firm or corporation. The nature, amount, and condition, if any, 13.26 attendant upon any donation or grant accepted or received by the 13.27 Commission together with the identity of the donor, grantor or 13.28 lender, shall be detailed in the annual report of the Commission. 13.29 m. The Commission is not liable for any costs associated13.30 with any of the following:13.31 1. The licensing and construction of any facility,13.32 2. The operation of any facility,13.33 3. The stabilization and closure of any facility,13.34 4. The care of any facility,13.35 5. The extended institutional control, aftercare of any13.36 facility, or14.1 6. The transportation of waste to any facility.14.2 n. 1.The Commission is a legal entity separate and 14.3 distinct from the party states and is liable for its actions as14.4 a separate and distinct legal entity. Liabilities of the14.5 Commission are not liabilities of the party states. Members of 14.6 the Commission and its employees are not personally liable for 14.7 actions taken by them in their official capacity. 14.8 2. Except as provided under sections m. and n.1. of this14.9 article, nothing in this compact alters liability for any act,14.10 omission, course of conduct or liability resulting from any14.11 causal or other relationships.14.12 o. Any person aggrieved by a final decision of the14.13 Commission may obtain judicial review of such decision in any14.14 court of competent jurisdiction by filing in such court a14.15 petition for review within 60 days after the Commission's final14.16 decision.The Commission is not liable or otherwise responsible 14.17 for any costs, expenses, or liabilities resulting from the 14.18 development, construction, operation, regulation, closing, or 14.19 long-term care of any compact facility or any noncompact 14.20 facility made available to the region by any contract or 14.21 agreement entered into by the Commission under article III.h.6. 14.22 of this compact. Nothing in article III.m. of this compact 14.23 relieves the Commission of its allegations under article III of 14.24 this compact or under contracts to which it is a party. Any 14.25 liabilities of the Commission are not liabilities of the party 14.26 states. 14.27 n. Final decisions of the Commission shall be made, and 14.28 shall be subject to judicial review, in accordance with all of 14.29 the following conditions: 14.30 1. Every final decision shall be made at an open meeting 14.31 of the Commission. Before making a final decision, the 14.32 Commission shall provide an opportunity for public comment on 14.33 the matter to be decided. Each final decision shall be reduced 14.34 to writing and shall set forth the Commission's reasons for 14.35 making the decision. 14.36 2. Before making a final decision, the Commission may 15.1 conduct an adjudicatory hearing on the proposed decision. 15.2 3. Judicial review of a final decision shall be initiated 15.3 by filing a petition in the United States district court for the 15.4 district in which the person seeking the review resides or in 15.5 which the Commission's office is located not later than 60 days 15.6 after issuance of the Commission's written decision. 15.7 Concurrently with filing the petition for review with the court, 15.8 the petitioner shall serve a copy of the petition on the 15.9 Commission. Within five days after receiving a copy of the 15.10 petition, the Commission shall mail a copy of it to each party 15.11 state and to all other persons who have notified the Commission 15.12 of their desire to receive copies of such petitions. Any 15.13 failure of the Commission to so mail copies of the petition does 15.14 not affect the jurisdiction of the reviewing court. Except as 15.15 otherwise provided in article III.n.3. of this compact, standing 15.16 to obtain judicial review of final decisions of the Commission 15.17 and the form and scope of the review are subject to and governed 15.18 by United States Code, title 5, section 706. 15.19 4. If a party state seeks judicial review of a final 15.20 decision of the Commission that does any of the following, the 15.21 facts shall be subject to trial de novo by the reviewing court 15.22 unless trial de novo of the facts is affirmatively waived in 15.23 writing by the party state: 15.24 a. Imposes financial penalties on a party state; 15.25 b. Suspends the right of a party state to have waste 15.26 generated within its borders disposed of at a compact facility 15.27 or at a noncompact facility made available to the region by an 15.28 agreement entered into by the Commission under article III.h.6. 15.29 of this compact; 15.30 c. Terminates the designation of a party state as a host 15.31 state; 15.32 d. Revokes the membership of a party state in this 15.33 compact; or 15.34 e. Establishes the amounts of money that a party state 15.35 that has withdrawn from this compact or had its membership in 15.36 this compact revoked is required to pay under article VIII.e. of 16.1 this compact. 16.2 Any such trial de novo of the facts shall be governed by 16.3 the Federal Rules of Civil Procedure and the Federal Rules of 16.4 Evidence. 16.5 5. Preliminary, procedural, or intermediate actions by the 16.6 Commission that precede a final decision are subject to review 16.7 only in conjunction with review of the final decision. 16.8 6. Except as provided in article III.n.5. of this compact, 16.9 actions of the Commission that are not final decisions are not 16.10 subject to judicial review. 16.11 o. Unless approved by a majority of the Commission, with 16.12 the member from each host state in which an affected compact 16.13 facility is operating or is being developed or constructed 16.14 voting in the affirmative, no person shall do any of the 16.15 following: 16.16 1. Import waste generated outside the region for 16.17 management within the region; 16.18 2. Export waste generated within the region for disposal 16.19 outside the region; 16.20 3. Manage waste generated outside the region at a facility 16.21 within the region; 16.22 4. Dispose of waste generated within the region at a 16.23 facility within the region that is not a compact facility. 16.24 p. The Commission shall establish a remedial action fund 16.25 to pay the costs of reasonable remedial actions taken by a party 16.26 state if an event results from the development, construction, 16.27 operation, closing, or long-term care of a compact facility that 16.28 poses a threat to human health, safety, or welfare or to the 16.29 environment. The amount of the remedial action fund shall be 16.30 adequate to pay the costs of all reasonably foreseeable remedial 16.31 actions. A party state shall notify the Commission as soon as 16.32 reasonably practical after the occurrence of any event that may 16.33 require the party state to take a remedial action. The failure 16.34 of a party state to so notify the Commission does not limit the 16.35 rights of the party state under article III.p. of this compact. 16.36 If the moneys in the remedial action fund are inadequate to 17.1 pay the costs of reasonable remedial actions, the amount of the 17.2 deficiency is a liability with respect to which generators shall 17.3 provide indemnification under article VII.g. of this compact. 17.4 Generators who provide the required indemnification have the 17.5 rights of contribution provided in article VII.g. of this 17.6 compact. Article III.p. of this compact applies to any remedial 17.7 action taken by a party state regardless of whether the party 17.8 state takes the remedial action on its own initiative or because 17.9 it is required to do so by a court or regulatory agency of 17.10 competent jurisdiction. 17.11 q. If the Commission makes payment from the remedial 17.12 action fund provided for in article III.p. of this compact, the 17.13 Commission is entitled to obtain reimbursement under applicable 17.14 rules of law from any person who is responsible for the event 17.15 giving rise to the remedial action. Such reimbursement may be 17.16 obtained from a party state only if the event giving rise to the 17.17 remedial action resulted from the activities of that party state 17.18 as a generator of waste. 17.19 r. If this compact is dissolved, all moneys held by the 17.20 Commission shall be used first to pay for any ongoing or 17.21 reasonably anticipated remedial actions. Any remaining moneys 17.22 shall be distributed in a fair and equitable manner to those 17.23 party states that have operating or closed compact facilities 17.24 within their borders and shall be added to the long-term care 17.25 funds maintained by those party states. 17.26 ARTICLE IV. REGIONAL MANAGEMENTDISPOSAL PLAN 17.27 The Commission shall adopt and periodically update a 17.28 regional managementdisposal plan designed to ensure the safe 17.29 and efficient managementdisposal of waste generated within the 17.30 region. In adopting a regional waste managementdisposal plan, 17.31 the Commission shall do all of the following: 17.32 a. Adopt procedures for determining, consistent with 17.33 considerations for public health and safety, the type and number 17.34 of regionalcompact facilities which are presently necessary and 17.35 which are projected to be necessary to managedispose of waste 17.36 generated within the region; 18.1 b. Develop and consider policies promoting source18.2 reduction of waste generated within the region;18.3 c.Develop and adopt procedures and criteria for 18.4 identifying a party state as a host state for a regionalcompact 18.5 facility. In developing these criteria, the Commission shall 18.6 consider all of the following ;: 18.7 l. The health, safety, and welfare of the citizens of the 18.8 party states .; 18.9 2. The existence of regionalcompact facilities within 18.10 each party state .; 18.11 3. The minimization of waste transportation .; 18.12 4. The volumes and types of wastes projected to be 18.13 generated within each party state .; 18.14 5. The environmental , economic, and ecologicalimpacts on 18.15 the air, land and water resources of the party states; 18.16 6. The economic impacts on the party states. 18.17 d.c. Conduct such hearings, and obtain such reports, 18.18 studies, evidence and testimony required by its approved 18.19 procedures prior to identifying a party state as a host state 18.20 for a needed regionalcompact facility; 18.21 e.d. Prepare a draft managementdisposal plan and any 18.22 update thereof, including procedures, criteria, and host states, 18.23 including alternatives,which shall be made available in a 18.24 convenient form to the public for comment. Upon the request of a 18.25 party state, the Commission shall conduct a public hearing in 18.26 that state prior to the adoption or update of the 18.27 managementdisposal plan. The managementdisposal plan and 18.28 any update thereof shall include the commission's response to 18.29 public and party state comment. 18.30 ARTICLE V. RIGHTS AND OBLIGATIONS OF PARTY STATES 18.31 a. Each party state shall act in good faith in the 18.32 performance of acts and courses of conduct which are intended to 18.33 ensure the provision of facilities for regional availability and 18.34 usage in a manner consistent with this compact. 18.35 b. Except for waste attributable to radioactive material 18.36 or waste imported into the region in order to render the 19.1 material or waste amenable to transportation, storage, disposal, 19.2 or recovery, or in order to convert the waste or material to 19.3 another usable material, or to reduce it in volume or otherwise 19.4 treat it, each party state has the right to have all wastes 19.5 generated within its borders manageddisposed of at regional19.6 compact facilities subject to the payment of all fees 19.7 established by the host state under article VI.j. of this 19.8 compact and to the provisions contained in articlearticles 19.9 VI.l., VI.s., VIII.d., IX. cd., and X of this compact. All party 19.10 states have an equal right of access to any facility made 19.11 available to the region by any agreement entered into by the 19.12 Commission pursuant to article III.h.6. of this compact, subject 19.13 to the provisions of articles VI.l., VI.s., VIII.d., and X of 19.14 this compact. 19.15 c. Party states or generators may negotiate for the right19.16 of access to a facility outside the region and may export waste19.17 outside the region subject to Commission approval under article19.18 III.If a party state's right to have waste generated within 19.19 its borders disposed of at compact facilities, or at any 19.20 noncompact facility made available to the region by an agreement 19.21 entered into by the Commission under article III.h.6. of this 19.22 compact, is suspended, no waste generated within its borders by 19.23 any person shall be disposed of at any such facility during the 19.24 period of the suspension. 19.25 d. To the extent permitted by federal law, each party 19.26 state may enforce any applicable federal and state laws, 19.27 regulations and rules pertaining to the packaging and 19.28 transportation of waste generated within or passing through its 19.29 borders. Nothing in this section shall be construed to require 19.30 a party state to enter into any agreement with the U.S. Nuclear 19.31 Regulatory Commission. 19.32 e. Each party state shall provide to the Commission any 19.33 data and information the Commission requires to implement its 19.34 responsibilities. Each party state shall establish the 19.35 capability to obtain any data and information required by the 19.36 Commission. 20.1 f. If, notwithstanding the sovereign immunity provision in 20.2 article VII.f.1. of this compact and the indemnification 20.3 provided for in articles III.p., VI.o., and VII.g. of this 20.4 compact, a party state incurs a cost as a result of an 20.5 inadequate remedial action fund or an exhausted long-term care 20.6 fund, or incurs a liability as a result of an action described 20.7 in article VII.f.1. of this compact and not described in article 20.8 VII.f.2. of this compact, the cost or liability shall be the pro 20.9 rata obligation of each party state and each state that has 20.10 withdrawn from this compact or had its membership in this 20.11 compact revoked. The Commission shall determine each state's 20.12 pro rata obligation in a fair and equitable manner based on the 20.13 amount of waste from each such state that has been or is 20.14 projected to be disposed of at the compact facility with respect 20.15 to which the cost or liability to be shared was incurred. No 20.16 state shall be obligated to pay the pro rata obligation of any 20.17 other state. 20.18 The pro rata obligations provided for in article V.f. of 20.19 this compact do not result in the creation of state debt. 20.20 Rather, the pro rata obligations are contractual obligations 20.21 that shall be enforced by only the Commission or an affected 20.22 party state. 20.23 g. If the party states make payment pursuant to article 20.24 V.f. of this compact, the surcharge or fee provided for in 20.25 article III.j. of this compact shall be used to collect the 20.26 funds necessary to reimburse the party states for those 20.27 payments. The Commission shall determine the time period over 20.28 which reimbursement shall take place. 20.29 ARTICLE VI. DEVELOPMENT AND, OPERATION, AND CLOSING 20.30 OF COMPACT FACILITIES 20.31 a. Any party state may volunteer to become a host state, 20.32 and the Commission may designate that state as a host state upon20.33 a two-thirds vote of its members. 20.34 b. If not all regionalcompact facilities required by the 20.35 regional managementdisposal plan are notdeveloped pursuant to 20.36 section a., or upon notification that an existing regional21.1 facility will be closedarticle VI.a. of this compact, the 21.2 Commission may designate a host state. 21.3 c. Each partyAfter a state is designated asa host state 21.4 by the Commission, it is responsible for determining possible21.5 facility locations within its borders. The selection of a21.6 facility site shall not conflict with applicable federal and21.7 host state laws, regulations and rules not inconsistent with21.8 this compact and shall be based on factors including, but not21.9 limited to, geological, environmental and economic viability of21.10 possible facility locations.the timely development and 21.11 operation of the compact facility it is designated to host. The 21.12 development and operation of the compact facility shall not 21.13 conflict with applicable federal and host state laws, rules, and 21.14 regulations, provided that the laws, rules, and regulations of a 21.15 host state and its political subdivisions shall not prevent, nor 21.16 shall they be applied so as to prevent, the host state's 21.17 discharge of the obligation set forth in article VI.c. of this 21.18 compact. The obligation set forth in article VI.c. of this 21.19 compact is contingent upon the discharge by the Commission of 21.20 its obligation set forth in article III.i.5. of this compact. 21.21 d. If a party state designated as a host state fails to 21.22 discharge the obligations imposed upon it by article VI.c. of 21.23 this compact, its host state designation may be terminated by a 21.24 two-thirds vote of the Commission with the member from the host 21.25 state of any then operating compact facility voting in the 21.26 affirmative. A party state whose host state designation has 21.27 been terminated has failed to fulfill its obligations as a host 21.28 state and is subject to the provisions of article VIII.d. of 21.29 this compact. 21.30 e. Any party state designated as a host state may request 21.31 the Commission to relieve that state of the responsibility to 21.32 serve as a host state. Except as set forth in article VI.d. of 21.33 this compact, the Commission may relieve a party state of this21.34 its responsibility only upon a showing by the requesting party 21.35 state that, based upon criteria established by the Commission 21.36 that are consistent with any applicable federal criteria, no 22.1 feasible potential regionalcompact facility site of the type it22.2 is designated to hostexists within its borders. A party state 22.3 relieved of its host state responsibility shall repay to the 22.4 Commission any funds provided to that state by the Commission 22.5 for the development of a compact facility, and also shall pay to 22.6 the Commission the amount the Commission determines is necessary 22.7 to ensure that the Commission and the other party states do not 22.8 incur financial loss as a result of the state being relieved of 22.9 its host state responsibility. Any funds so paid to the 22.10 Commission with respect to the financial loss of the other party 22.11 states shall be distributed forthwith by the Commission to the 22.12 party states that would otherwise incur the loss. In addition, 22.13 until the state relieved of its responsibility is again 22.14 designated as a host state and a compact facility located in 22.15 that state begins operating, it shall annually pay to the 22.16 Commission, for deposit in the remedial action fund, an amount 22.17 the Commission determines is fair and equitable in light of the 22.18 fact the state has been relieved of the responsibility to host a 22.19 compact facility, but continues to enjoy the benefits of being a 22.20 member of this compact. 22.21 e. After a state is designated a host state by the22.22 Commission, it is responsible for the timely development and22.23 operation of a regional facility.22.24 f. The host state shall select the technology for the 22.25 compact facility. If requested by the Commission, information 22.26 regarding the technology selected by the host state shall be 22.27 submitted to the Commission for its review. The Commission may 22.28 require the host state to make changes in the technology 22.29 selected by the host state if the Commission demonstrates that 22.30 the changes do not decrease the protection of air, land, and 22.31 water resources and the health and safety of all people who may 22.32 be affected by the facility. If requested by the host state, 22.33 any Commission decision requiring the host state to make changes 22.34 in the technology shall be preceded by an adjudicatory hearing 22.35 in which the Commission shall have the burden of proof. 22.36 g. A host state may assign to a private contractor the 23.1 responsibility, in whole or in part, to develop, construct, 23.2 operate, close, or provide long-term care for a compact 23.3 facility. Assignment of such responsibility by a host state to 23.4 a private contractor does not relieve the host state of any 23.5 responsibility imposed upon it by this compact. A host state 23.6 may secure indemnification from the contractor for any costs, 23.7 liabilities, and expenses incurred by the host state resulting 23.8 from the development, construction, operation, closing, or 23.9 long-term care of a compact facility. 23.10 f.h. To the extent permitted by federal and state law, a 23.11 host state shall regulate and license any facility within its 23.12 borders and ensure the extendedlong-term care of that facility. 23.13 g. The Commission may designate a party state as a host23.14 state while a regional facility is in operation if the23.15 Commission determines that an additional regional facility is or23.16 may be required to meet the needs of the region. The Commission23.17 shall make this designation following the procedures established23.18 under article IV.23.19 h. Designation of a host state is for a period of 20 years23.20 or the life of the regional facility which is established under23.21 that designation, whichever is longer. Upon request of a host23.22 state, the Commission may modify the period of its designation.23.23 i. A host state shall accept waste for disposal for a 23.24 period of 20 years from the date the compact facility in the 23.25 host state becomes operational, or until its capacity has been 23.26 reached, whichever occurs first. At any time before the compact 23.27 facility closes, the host state and the Commission may enter 23.28 into an agreement to extend the period during which the host 23.29 state is required to accept such waste or to increase the 23.30 capacity of the compact facility. Except as specifically 23.31 authorized by article VI.l.4. of this compact, the 20-year 23.32 period shall not be extended, and the capacity of the facility 23.33 shall not be increased, without the consent of the affected host 23.34 state and the Commission. 23.35 j. A host state mayshall establish a feesystem for23.36 of fees to be collected from the users of any regionalcompact 24.1 facility within its borders. The fee system, and the costs paid 24.2 through the system, shall be reasonable and equitable. ThisThe 24.3 fee system shall be subject to the Commission's approval. The 24.4 fee system shall provide the host state with sufficient revenue 24.5 to cover anypay costs associated with the compact facility, 24.6 including, but not limited to, the planning, siting, licensure24.7 operation, decommissioning, extended care and long-term24.8 liability, associated with such facilities. This fee system may24.9 also include reasonable revenue beyond the costs incurred for24.10 the host state, subject to approval by the Commission. A host24.11 state shall submit an annual financial audit of the operation of24.12 the regional facility to the Commissionoperation, closing, 24.13 long-term care, debt service, legal costs, local impact 24.14 assistance, and local financial incentives. The fee system also 24.15 shall be used to collect the surcharge provided in article 24.16 III.j.2. of this compact. The fee system mayshall include 24.17 incentives for source reduction and mayshall be based on the 24.18 hazard of the waste as well as the volume. 24.19 j.k. A host state shall ensure that a regionalcompact 24.20 facility located within its borders whichthat is permanently 24.21 closed is properly decommissioned. A host state shall also24.22 provide for the care of a closed or decommissioned regional24.23 facility within its borders so that the public health and safety24.24 of the state and region are ensuredcared for so as to ensure 24.25 protection of air, land, and water resources and the health and 24.26 safety of all people who may be affected by the facility. 24.27 k. A host state intending to close a regional facility24.28 located within its borders shall notify the Commission in24.29 writing of its intention and the reasons. Notification shall be24.30 given to the Commission at least five years prior to the24.31 intended date of closure.24.32 l. The development of subsequent compact facilities shall 24.33 be as follows: 24.34 1. No compact facility shall begin operating until the 24.35 Commission designates the host state of the next compact 24.36 facility. 25.1 2. The following actions shall be taken by the state 25.2 designated to host the next compact facility within the 25.3 specified number of years after the compact facility it is 25.4 intended to replace begins operation: 25.5 a. Within three years, enact legislation providing for the 25.6 development of the next compact facility; 25.7 b. Within seven years, initiate site characterization 25.8 investigations and tests to determine licensing suitability for 25.9 the next compact facility; and 25.10 c. Within 11 years, submit a license application for the 25.11 next compact facility that the responsible licensing authority 25.12 deems complete. 25.13 If a host state fails to take any of these actions within 25.14 the specified time, all waste generated by any person within 25.15 that state shall be denied access to the then operating compact 25.16 facility, and to any noncompact facility made available to the 25.17 region by any agreement entered into by the Commission pursuant 25.18 to article III.h.6. of this compact, until the action is taken. 25.19 Denial of access may be rescinded by the Commission, with the 25.20 member from the host state of the then operating compact 25.21 facility voting in the affirmative. A host state that fails to 25.22 take any of these actions within the specified time has failed 25.23 to fulfill its obligations as a host state and is subject to the 25.24 provisions of articles VI.d. and VIII.d. of this compact. 25.25 3. Within 14 years after any compact facility begins 25.26 operating, the state designated to host the next compact 25.27 facility shall have obtained a license from the responsible 25.28 licensing authority to construct and operate the compact 25.29 facility the state has been designated to host. If the license 25.30 is not obtained within the specified time, all waste generated 25.31 by any person within the state designated to host the next 25.32 compact facility shall be denied access to the then operating 25.33 compact facility, and to any noncompact facility made available 25.34 to the region by any agreement entered into by the Commission 25.35 pursuant to article III.h.6. of this compact, until the license 25.36 is obtained. The state designated to host the next compact 26.1 facility shall have failed in its obligations as a host state 26.2 and shall be subject to articles VI.d. and VIII.d. of this 26.3 compact. In addition, at the sole option of the host state of 26.4 the then operating compact facility, all waste generated by any 26.5 person within any party state that has not fully discharged its 26.6 obligations under article VI.i. of this compact, shall be denied 26.7 access to the then operating compact facility, and to any 26.8 noncompact facility made available to the region by any 26.9 agreement entered into by the Commission pursuant to article 26.10 III.h.6. of this compact, until the license is obtained. Denial 26.11 of access may be rescinded by the Commission, with the member 26.12 from the host state of the then operating compact facility 26.13 voting in the affirmative. 26.14 4. If, 20 years after a compact facility begins operating, 26.15 the next compact facility is not ready to begin operating, the 26.16 state designated to host the next compact facility shall have 26.17 failed in its obligation as a host state and shall be subject to 26.18 articles VI.d. and VIII.d. of this compact. If, at the time the 26.19 capacity of the then operating compact facility has been 26.20 reached, or 20 years after the facility began operating, 26.21 whichever occurs first, the next compact facility is not ready 26.22 to begin operating, the host state of the then operating compact 26.23 facility, without the consent of any other party state or the 26.24 Commission, may continue to operate the facility until a compact 26.25 facility in the next host state is ready to begin operating. 26.26 During any such period of continued operation of a compact 26.27 facility, all waste generated by any person within the state 26.28 designated to host the next compact facility shall be denied 26.29 access to the then operating compact facility and to any 26.30 noncompact facility made available to the region by any 26.31 agreement entered into by the Commission pursuant to article 26.32 III.h.6. of this compact. In addition, during such period, at 26.33 the sole option of the host state of the then operating compact 26.34 facility, all waste generated by any person within any party 26.35 state that has not fully discharged its obligations under 26.36 article VI.i. of this compact, shall be denied access to the 27.1 then operating compact facility and to any noncompact facility 27.2 made available to the region by any agreement entered into by 27.3 the Commission pursuant to article III.h.6. of this compact. 27.4 Denial of access may be rescinded by the Commission, with the 27.5 member from the host state of the then operating compact 27.6 facility voting in the affirmative. The provisions of article 27.7 VI.l.4. of this compact, shall not apply if their application is 27.8 inconsistent with an agreement between the host state of the 27.9 then operating compact facility and the Commission as authorized 27.10 in article VI.i. of this compact, or inconsistent with article 27.11 VI.p. or q. of this compact. 27.12 5. During any period that access is denied for waste 27.13 disposal pursuant to article VI.l.2., 3., or 4. of this compact, 27.14 the party state designated to host the next compact disposal 27.15 facility shall pay to the host state of the then operating 27.16 compact facility an amount the Commission determines is 27.17 reasonably necessary to ensure that the host state, or any 27.18 agency or political subdivision thereof, does not incur 27.19 financial loss as a result of the denial of access. 27.20 6. The Commission may modify any of the requirements 27.21 contained in articles VI.l.2. and 3. of this compact, if it 27.22 finds that circumstances have changed so that the requirements 27.23 are unworkable or unnecessarily rigid or no longer serve to 27.24 ensure the timely development of a compact facility. The 27.25 Commission may adopt such a finding by a two-thirds vote, with 27.26 the member from the host state of the then operating compact 27.27 facility voting in the affirmative. 27.28 m. This sectioncompact shall not prevent an emergency 27.29 closing of a regionalcompact facility by a host state to 27.30 protect itsair, land and water resources and the health and 27.31 safety of its citizensall people who may be affected by the 27.32 facility. However,A host state whichthat has an emergency 27.33 closing of a regionalcompact facility shall notify the 27.34 Commission in writing within three working days of its action 27.35 and shall, within 30 working days of its action, demonstrate 27.36 justification for the closing. 28.1 1. If a regional facility closes before an additional or28.2 new facility becomes operational, waste generated within the28.3 region may be shipped temporarily to any location agreed on by28.4 the Commission until a regional facility is operational.28.5 m. A party state which is designated as a host state by28.6 the Commission and fails to fulfill its obligations as a host28.7 state may have its privileges under the compact suspended or28.8 membership in the compact revoked by the Commission.28.9 n. A party state that has fully discharged its obligations 28.10 under article VI.i. of this compact, shall not again be 28.11 designated a host state of a compact facility without its 28.12 consent until each party state has been designated to host a 28.13 compact facility and has fully discharged its obligations under 28.14 article VI.i. of this compact, or has been relieved under 28.15 article VI.e. of this compact, of its responsibility to serve as 28.16 a host state. 28.17 o. Each host state of a compact facility shall establish a 28.18 long-term care fund to pay for monitoring, security, 28.19 maintenance, and repair of the facility after it is permanently 28.20 closed. The expenses of administering the long-term care fund 28.21 shall be paid out of the fund. The fee system established by 28.22 the host state that establishes a long-term care fund shall be 28.23 used to collect moneys in amounts that are adequate to pay for 28.24 all long-term care of the compact facility. The moneys shall be 28.25 deposited into the long-term care fund. Except where the matter 28.26 is resolved through arbitration, the amount to be collected 28.27 through the fee system for deposit into the fund shall be 28.28 determined through an agreement between the Commission and the 28.29 host state establishing the fund. Not less than three years, 28.30 nor more than five years, before the compact facility it is 28.31 designated to host is scheduled to begin operating, the host 28.32 state shall propose to the Commission the amount to be collected 28.33 through the fee system for deposit into the fund. If, 180 days 28.34 after such proposal is made to the Commission, the host state 28.35 and the Commission have not agreed, either the Commission or the 28.36 host state may require the matter to be decided through binding 29.1 arbitration. The method of administration of the fund shall be 29.2 determined by the host state establishing the long-term care 29.3 fund, provided that moneys in the fund shall be used only for 29.4 the purposes set forth in article VI.o. of this compact, and 29.5 shall be invested in accordance with the standards applicable to 29.6 trustees under the laws of the host state establishing the 29.7 fund. If, after a compact facility is closed, the Commission 29.8 determines the long-term care fund established with respect to 29.9 that facility is not adequate to pay for all long-term care for 29.10 that facility, the Commission shall collect and pay over to the 29.11 host state of the closed facility, for deposit into the 29.12 long-term care fund, an amount determined by the Commission to 29.13 be necessary to make the amount in the fund adequate to pay for 29.14 all long-term care of the facility. If a long-term care fund is 29.15 exhausted and long-term care expenses for the facility with 29.16 respect to which the fund was created have been reasonably 29.17 incurred by the host state of the facility, those expenses are a 29.18 liability with respect to which generators shall provide 29.19 indemnification as provided in article VII.g. of this compact. 29.20 Generators that provide indemnification shall have contribution 29.21 rights as provided in article VII.g. of this compact. 29.22 p. A host state that withdraws from the compact or has its 29.23 membership revoked shall immediately and permanently close any 29.24 compact facility located within its borders, except that the 29.25 Commission and a host state may enter into an agreement under 29.26 which the host state may continue to operate, as a noncompact 29.27 facility, a facility within its borders that, before the host 29.28 state withdrew or had its membership revoked, was a compact 29.29 facility. 29.30 q. If this compact is dissolved, the host state of any 29.31 then operating compact facility shall immediately and 29.32 permanently close the facility, provided that a host state may 29.33 continue to operate a compact facility or resume operating a 29.34 previously closed compact facility, as a noncompact facility, 29.35 subject to all of the following requirements: 29.36 1. The host state shall pay to the other party states the 30.1 portion of the funds provided to that state by the Commission 30.2 for the development, construction, operation, closing, or 30.3 long-term care of a compact facility that is fair and equitable, 30.4 taking into consideration the period of time the compact 30.5 facility located in that state was in operation and the amount 30.6 of waste disposed of at the facility, provided that a host state 30.7 that has fully discharged its obligations under article VI.i. of 30.8 this compact shall not be required to make such payment; 30.9 2. The host state shall physically segregate waste 30.10 disposed of at the facility after this compact is dissolved from 30.11 waste disposed of at the facility before this compact is 30.12 dissolved; 30.13 3. The host state shall indemnify and hold harmless the 30.14 other party states from all costs, liabilities, and expenses, 30.15 including reasonable attorneys' fees and expenses, caused by 30.16 operating the facility after this compact is dissolved, provided 30.17 that this indemnification and hold harmless obligation shall not 30.18 apply to costs, liabilities, and expenses resulting from the 30.19 activities of a host state as a generator of waste; 30.20 4. Moneys in the long-term care fund established by the 30.21 host state that are attributable to the operation of the 30.22 facility before this compact is dissolved, and investment 30.23 earnings thereon, shall be used only to pay the cost of 30.24 monitoring, securing, maintaining, or repairing that portion of 30.25 the facility used for the disposal of waste before this compact 30.26 is dissolved. Such moneys and investment earnings, and any 30.27 moneys added to the long-term care fund through a distribution 30.28 authorized by article III.r. of this compact, also may be used 30.29 to pay the cost of any remedial action made necessary by an 30.30 event resulting from the disposal of waste at the facility 30.31 before this compact is dissolved. 30.32 r. Financial statements of a compact facility shall be 30.33 prepared according to generally accepted accounting principles. 30.34 The Commission may require the financial statements to be 30.35 audited on an annual basis by a firm of certified public 30.36 accountants selected and paid by the Commission. 31.1 s. Waste may be accepted for disposal at a compact 31.2 facility only if the generator of the waste has signed, and 31.3 there is on file with the Commission, an agreement to provide 31.4 indemnification to a party state, or employee of that state, for 31.5 all of the following: 31.6 1. Any cost of a remedial action described in article 31.7 III.p. of this compact, that, due to inadequacy of the remedial 31.8 action fund, is not paid as set forth in that provision; 31.9 2. Any expense for long-term care described in article 31.10 VI.o. of this compact, that, due to exhaustion of the long-term 31.11 care fund, is not paid as set forth in that provision; 31.12 3. Any liability for damages to persons, property, or the 31.13 environment incurred by a party state, or employee of that state 31.14 while acting within the scope of employment, resulting from the 31.15 development, construction, operation, regulation, closing, or 31.16 long-term care of a compact facility, or any noncompact facility 31.17 made available to the region by any agreement entered into by 31.18 the Commission pursuant to article III.h.6. of this compact, or 31.19 any other matter arising from this compact. The agreement also 31.20 shall require generators to indemnify the party state or 31.21 employee against all reasonable attorney's fees and expenses 31.22 incurred in defending any action for such damages. This 31.23 indemnification shall not extend to liability based on any of 31.24 the following: 31.25 a. The activities of the party states as generators of 31.26 waste; 31.27 b. The obligations of the party states to each other and 31.28 the Commission imposed by this compact or other contracts 31.29 related to the disposal of waste under this compact; or 31.30 c. Activities of a host state or employees thereof that 31.31 are grossly negligent or willful and wanton. 31.32 The agreement shall provide that the indemnification 31.33 obligation of generators shall be joint and several, except that 31.34 the indemnification obligation of the party states with respect 31.35 to their activities as generators of waste shall not be joint 31.36 and several, but instead shall be prorated according to the 32.1 amount of waste that each state had disposed of at the compact 32.2 facility giving rise to the liability. Such proration shall be 32.3 calculated as of the date of the event giving rise to the 32.4 liability. The agreement shall be in a form approved by the 32.5 Commission with the member from the host state of any then 32.6 operating compact facility voting in the affirmative. Among 32.7 generators there shall be rights of contribution based on 32.8 equitable principles, and generators shall have rights of 32.9 contribution against any other person responsible for such 32.10 damages under common law, statute, rule, or regulation, provided 32.11 that a party state that through its own activities did not 32.12 generate any waste disposed of at the compact facility giving 32.13 rise to the liability, an employee of such a party state, and 32.14 the Commission shall have no such contribution obligation. The 32.15 Commission may waive the requirement that the party state sign 32.16 and file such an indemnification agreement as a condition to 32.17 being able to dispose of waste generated as a result of the 32.18 party state's activities. Such a waiver shall not relieve a 32.19 party state of the indemnification obligation imposed by article 32.20 VII.g. of this compact. 32.21 ARTICLE VII. OTHER LAWS AND REGULATIONS 32.22 a. Nothing in this compact: 32.23 1. Abrogates or limits the applicability of any act of the 32.24 Congress or diminishes or otherwise impairs the jurisdiction of 32.25 any federal agency expressly conferred thereon by the Congress; 32.26 2. Prevents the enforcement of any other law of a party 32.27 state which is not inconsistent with this compact; 32.28 3. Prohibits any storagegenerator from storing or 32.29 treatment of waste by the generatortreating, on its own 32.30 premises, waste generated by it within the region; 32.31 4. Affects any administrative or judicial proceeding 32.32 pending on the effective date of this compact; 32.33 5. Alters the relations between and the respective 32.34 internal responsibility of the government of a party state and 32.35 its subdivisions; 32.36 6. Affects the generation, treatment, storage, or disposal 33.1 of waste generated by the atomic energy defense activities of 33.2 the Secretary of the U.S. Department of Energy or successor 33.3 agencies or federal research and development activities as 33.4 described in section 31 of the Atomic Energy Act of 1954 (United 33.5 States Code, title 42, section 2051); or 33.6 7. Affects the rights and powers of any party state or its 33.7 political subdivisions, to the extent not inconsistent with this 33.8 compact, to regulate and license any facility or the 33.9 transportation of waste within its borders or affects the rights33.10 and powers of any party state and its political subdivisions to33.11 tax or impose fees on the waste managed at any facility within33.12 its borders; 33.13 8. Requires a party state to enter into any agreement with 33.14 the U.S. Nuclear Regulatory Commission; or 33.15 9. Alters or limits liability of transporters of waste,33.16 owners and operators of sites for their acts, omissions, conduct33.17 or relationships in accordance with applicable lawsLimits, 33.18 expands, or otherwise affects the authority of a state to 33.19 regulate low-level radioactive waste classified by any agency of 33.20 the United States government as "below regulatory concern" or 33.21 otherwise exempt from federal regulation. 33.22 b. For purposes of this compact, all state laws or parts33.23 of laws in conflictIf a court of the United States finally 33.24 determines that a law of a party state conflicts with this 33.25 compact are hereby superseded, this compact shall prevail to the 33.26 extent of the conflict. The Commission shall not commence an 33.27 action seeking such a judicial determination unless commencement 33.28 of the action is approved by a two-thirds vote of the membership 33.29 of the Commission. 33.30 c. Except as authorized by this compact, no law, rule, or 33.31 regulation of a party state or of any of its subdivisions or 33.32 instrumentalities may be applied in a manner which discriminates 33.33 against the generators of another party state. 33.34 d. Except as provided in articles III.m. and VII.f. of 33.35 this compact, no provision of this compact shall be construed to 33.36 eliminate or reduce in any way the liability or responsibility, 34.1 whether arising under common law, statute, rule, or regulation, 34.2 of any person for penalties, fines, or damages to persons, 34.3 property, or the environment resulting from the development, 34.4 construction, operation, closing, or long-term care of a compact 34.5 facility, or any noncompact facility made available to the 34.6 region by any agreement entered into by the Commission pursuant 34.7 to article III.h.6. of this compact, or any other matter arising 34.8 from this compact. The provisions of this compact shall not 34.9 alter otherwise applicable laws relating to compensation of 34.10 employees for workplace injuries. 34.11 e. Except as provided in United States Code, title 28, 34.12 section 1251(a), the district courts of the United States have 34.13 exclusive jurisdiction to decide cases arising under this 34.14 compact. Article VII.e. of this compact does not apply to 34.15 proceedings within the jurisdiction of state or federal 34.16 regulatory agencies nor to judicial review of proceedings before 34.17 state or federal regulatory agencies. Article VII.e. of this 34.18 compact shall not be construed to diminish other laws of the 34.19 United States conferring jurisdiction on the courts of the 34.20 United States. 34.21 f. For the purposes of activities pursuant to this 34.22 compact, the sovereign immunity of party states and employees of 34.23 party states shall be as follows: 34.24 1. A party state or employee thereof, while acting within 34.25 the scope of employment, shall not be subject to suit or held 34.26 liable for damages to persons, property, or the environment 34.27 resulting from the development, construction, operation, 34.28 regulation, closing, or long-term care of a compact facility, or 34.29 any noncompact facility made available to the region by any 34.30 agreement entered into by the Commission pursuant to article 34.31 III.h.6. of this compact. This applies whether the claimed 34.32 liability of the party state or employee is based on common law, 34.33 statute, rule, or regulation. 34.34 2. The sovereign immunity granted in article VII.f.1. of 34.35 this compact, does not apply to any of the following: 34.36 a. Actions based upon the activities of the party states 35.1 as generators of waste. With regard to those actions, the 35.2 sovereign immunity of the party states shall not be affected by 35.3 this compact. 35.4 b. Actions based on the obligations of the party states to 35.5 each other and the Commission imposed by this compact, or other 35.6 contracts related to the disposal of waste under this compact. 35.7 With regard to those actions, the party states shall have no 35.8 sovereign immunity. 35.9 c. Actions against a host state, or employee thereof, when 35.10 the host state or employee acted in a grossly negligent or 35.11 willful and wanton manner. 35.12 g. If in any action described in article VII.f.1., and not 35.13 described in article VII.f.2. of this compact, it is determined 35.14 that, notwithstanding article VII.f.1. of this compact, a party 35.15 state, or employee of that state who acted within the scope of 35.16 employment, is liable for damages or has liability for other 35.17 matters arising under this compact as described in article 35.18 VI.s.3. of this compact, the generators who caused waste to be 35.19 placed at the compact facility with respect to which the 35.20 liability was incurred shall indemnify the party state or 35.21 employee against that liability. Those generators also shall 35.22 indemnify the party state or employee against all reasonable 35.23 attorney's fees and expenses incurred in defending against any 35.24 such action. The indemnification obligation of generators under 35.25 article VII.g. of this compact, shall be joint and several, 35.26 except that the indemnification obligation of party states with 35.27 respect to their activities as generators of waste shall not be 35.28 joint and several, but instead shall be prorated according to 35.29 the amount of waste each state has disposed of at the compact 35.30 facility giving rise to the liability. Among generators, there 35.31 shall be rights of contribution based upon equitable principles, 35.32 and generators shall have rights of contribution against any 35.33 other person responsible for such damages under common law, 35.34 statute, rule, or regulation. A party state that through its 35.35 own activities did not generate any waste disposed of at the 35.36 compact facility giving rise to the liability, an employee of 36.1 such a party state, and the Commission shall have no 36.2 contribution obligation under article VII.g. of this compact. 36.3 Article VII.g. of this compact shall not be construed as a 36.4 waiver of the sovereign immunity provided for in article 36.5 VII.f.1. of this compact. 36.6 h. The sovereign immunity of a party state provided for in 36.7 article VII.f.1. of this compact, shall not be extended to any 36.8 private contractor assigned responsibilities as authorized in 36.9 article VI.g. of this compact. 36.10 ARTICLE VIII. ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION, 36.11 SUSPENSION OF ACCESS, ENTRY INTO FORCE, AND TERMINATION 36.12 a. Eligible parties to this compact are the states of36.13 Delaware, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland,36.14 Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio,36.15 South Dakota, Virginia and Wisconsin. Eligibility terminates on36.16 July 1, 1984.36.17 b.Any state not eligible for membership in the compact36.18 may petition the Commission for eligibilityto be eligible for 36.19 membership in the compact. The Commission may establish 36.20 appropriate eligibility requirements. These requirements may 36.21 include, but are not limited to, an eligibility fee or 36.22 designation as a host state. A petitioning state becomes 36.23 eligible for membership in the compact upon the approval of the 36.24 Commission, including the affirmative vote of allthe member 36.25 from each host statesstate in which a compact facility is 36.26 operating or being developed or constructed. Any state becoming 36.27 eligible upon the approval of the Commission becomes a member of 36.28 the compact in the same manner as any state eligible for36.29 membership at the time this compact enters into forcewhen the 36.30 state enacts this compact into law and pays the eligibility fee 36.31 established by the Commission. 36.32 c. An eligible state becomes a party state when the state36.33 enacts the compact into law and pays the membership fee required36.34 in article III.j.1.36.35 d.b. The Commission is formed upon the appointment of 36.36 Commission members and the tender of the membership fee payable 37.1 to the Commission by three party states. The Governor of the 37.2 first state to enact this compact shall convene the initial 37.3 meeting of the Commission. The Commission shall cause 37.4 legislation to be introduced in the Congress which grants the 37.5 consent of the Congress to this compact, and shall take action 37.6 necessary to organize the Commission and implement the 37.7 provisions of this compact. 37.8 e. Anyc. A party state that has fully discharged its 37.9 obligations under article VI.i. of this compact, or has been 37.10 relieved under article VI.e. of this compact, of its 37.11 responsibilities to serve as a host state, may withdraw from 37.12 this compact by repealing the authorizing legislation but no37.13 withdrawal may take effect until five years after the governor37.14 of the withdrawing state gives notice in writing of the37.15 withdrawal to the Commission and to the governor of each party37.16 stateand by receiving the unanimous consent of the Commission. 37.17 Withdrawal does not affect any liability already incurred by or37.18 chargeable to a party state prior to the time of such37.19 withdrawal. Any host state which grants a disposal permit for37.20 waste generated in a withdrawing state shall void the permit37.21 when the withdrawal of that state is effective.takes effect on 37.22 the date specified in the Commission resolution consenting to 37.23 withdrawal. All legal rights of the withdrawn state established 37.24 under this compact, including, but not limited to, the right to 37.25 have waste generated within its borders disposed of at compact 37.26 facilities, cease upon the effective date of withdrawal, but any 37.27 legal obligations of that party state under this compact, 37.28 including, but not limited to, those set forth in article 37.29 VIII.e. of this compact, continue until they are fulfilled. 37.30 f.d. Any party state whichthat fails to comply with the 37.31 terms of this compact or fails to fulfill its obligations may 37.32 have its privilegesreasonable financial penalties imposed 37.33 against it, the right to have waste generated within its borders 37.34 disposed of at compact facilities, or any noncompact facility 37.35 made available to the region by any agreement entered into by 37.36 the Commission pursuant to article III.h.6. of this compact, 38.1 suspended, or its membership in the compact revoked by the38.2 Commission in accordance with article III.h.6a two-thirds vote 38.3 of the Commission, provided that the membership of the party 38.4 state designated to host the next compact facility shall not be 38.5 revoked unless the member from the host state of any then 38.6 operating compact facility votes in the affirmative. Revocation 38.7 takes effect one year fromon the date the affected party state38.8 receives written notice from the Commission of its38.9 actionspecified in the resolution revoking the party state's 38.10 membership. All legal rights of the affectedrevoked party 38.11 state established under this compact, including, but not limited 38.12 to, the right to have waste generated within its borders 38.13 disposed of at compact facilities, cease upon the effective date 38.14 of revocation, but any legal obligations of that party 38.15 state arising prior to revocationunder this compact, including, 38.16 but not limited to, those set forth in article VIII.e. of this 38.17 compact, continue until they are fulfilled. The chairperson of 38.18 the Commission shall transmit written notice of a revocation of 38.19 a party state's membership in the compact, suspension of a party 38.20 state's waste disposal rights, or imposition of financial 38.21 penalties immediately following the vote of the Commission to 38.22 the governor of the affected party state, all othergovernors of 38.23 all the other party states, and the Congress of the United 38.24 States. 38.25 e. A party state that withdraws from this compact or has 38.26 its membership in the compact revoked before it has fully 38.27 discharged its obligations under article VI of this compact 38.28 forthwith shall repay to the Commission the portion of the funds 38.29 provided to that state by the Commission for the development, 38.30 construction, operation, closing, or long-term care of a compact 38.31 facility that the Commission determines is fair and equitable, 38.32 taking into consideration the period of time the compact 38.33 facility located in that host state was in operation and the 38.34 amount of waste disposed of at the facility. If at any time 38.35 after a compact facility begins operating, a party state 38.36 withdraws from the compact or has its membership revoked, the 39.1 withdrawing or revoked party state shall be obligated forthwith 39.2 to pay to the Commission the amount the Commission determines 39.3 would have been paid under the fee system established by the 39.4 host state of the facility to dispose of at the facility the 39.5 estimated volume of waste generated in the withdrawing or 39.6 revoked party state that would have been disposed of at the 39.7 facility from the time of withdrawal or revocation until the 39.8 time the facility is closed. Any funds so paid to the 39.9 Commission shall be distributed by the Commission to the persons 39.10 who would have been entitled to receive the funds had they 39.11 originally been paid to dispose of waste at the facility. Any 39.12 person receiving such funds from the Commission shall apply the 39.13 funds to the purposes to which they would have been applied had 39.14 they originally been paid to dispose of waste at the compact 39.15 facility. In addition, a withdrawing or revoked party state 39.16 forthwith shall pay to the Commission an amount the Commission 39.17 determines to be necessary to cover all other costs and damages 39.18 incurred by the Commission and the remaining party states as a 39.19 result of the withdrawal or revocation. The intention of 39.20 article VIII.e. of this compact is to eliminate any decrease in 39.21 revenue resulting from withdrawal of a party state or revocation 39.22 of a party state's membership, to eliminate financial harm to 39.23 the remaining party states, and to create an incentive for party 39.24 states to continue as members of the compact and to fulfill 39.25 their obligations. Article VIII.e. of this compact shall be 39.26 construed and applied so as to effectuate this intention. 39.27 f. Any party state whose right to have waste generated 39.28 within its borders disposed of at compact facilities is 39.29 suspended by the Commission shall pay to the host state of the 39.30 compact facility to which access has been suspended the amount 39.31 the Commission determines is reasonably necessary to ensure that 39.32 the host state, or any political subdivision thereof, does not 39.33 incur financial loss as a result of the suspension of access. 39.34 g. This compact becomes effective July 1, 1983, or at any39.35 date subsequent to July 1, 1983,upon enactment by at least 39.36 three eligible states and consent to this compact by the 40.1 Congress. However, article IX, section (b) shall not take40.2 effect until the Congress has by law consented to this compact.40.3 The Congress shall have an opportunity to withdraw such consent40.4 every five years. Failure of the Congress to affirmatively40.5 withdraw its consent has the effect of renewing consent for an40.6 additional five-year period.The consent given to this compact 40.7 by the Congress shall extend to any future admittance of new 40.8 party states under sections b. and c. of this articleand to the 40.9 power of the Commission to banregulate the shipment and 40.10 disposal of waste from the regionand disposal of naturally 40.11 occurring and accelerator-produced radioactive material pursuant 40.12 to article IIIthis compact. Amendments to this compact are 40.13 effective when enacted by all party states and, if necessary, 40.14 consented to by the Congress. To the extent required by section 40.15 (4)(d) of "The Low-Level Radioactive Waste Policy Amendments Act 40.16 of 1985," every five years after this compact has taken effect, 40.17 the Congress by law may withdraw its consent. 40.18 h. The withdrawal of a party state from this compact under40.19 section e. of this article, the suspension of waste disposal 40.20 rights, the termination of a party state's designation as a host 40.21 state, or the suspension or revocation of a state's membership 40.22 in this compact under section f. of this articledoes not affect 40.23 the applicability of this compact to the remaining party states. 40.24 i. A state which has been designated by the Commission to40.25 be a host state has 90 days from receipt by the Governor of40.26 written notice of designation to withdraw from the compact40.27 without any right to receive refund of any funds already paid40.28 pursuant to this compact, and without any further payment.40.29 Withdrawal becomes effective immediately upon notice as provided40.30 in section e. of this article. A designated host state which40.31 withdraws from the compact after 90 days and prior to fulfilling40.32 its obligations shall be assessed a sum the Commission40.33 determines to be necessary to cover the costs borne by the40.34 Commission and remaining party states as a result of that40.35 withdrawal.This compact may be dissolved and the obligations 40.36 arising under this compact may be terminated only as follows: 41.1 1. Through unanimous agreement of all party states 41.2 expressed in duly enacted legislation; or 41.3 2. Through withdrawal of consent to this compact by the 41.4 Congress under Article I, Section 10, of the United States 41.5 Constitution, in which case dissolution shall take place 120 41.6 days after the effective date of the withdrawal of consent. 41.7 Unless explicitly abrogated by the state legislation 41.8 dissolving this compact, or if dissolution results from 41.9 withdrawal of Congressional consent, the limitations of the 41.10 investment and use of long-term care funds in articles VI.o. and 41.11 VI.q.4. of this compact, the contractual obligations in article 41.12 V.f. of this compact, the indemnification obligations and 41.13 contribution rights in articles VI.o., VI.s., and VII.g. of this 41.14 compact, and the operation rights and indemnification and hold 41.15 harmless obligations in article VI.q. of this compact, shall 41.16 remain in force notwithstanding dissolution of this compact. 41.17 ARTICLE IX. PENALTIES AND ENFORCEMENT 41.18 a. Each party state shall prescribe and enforce penalties 41.19 against any person who is not an official of another state for 41.20 violation of any provision of this compact. 41.21 b. Unless otherwise authorized by the Commission pursuant41.22 to article III.h. after January 1, 1986, it is a violation of41.23 this compact:41.24 1. For any person to deposit at a regional facility waste41.25 not generated within the region;41.26 2. For any regional facility to accept waste not generated41.27 within the region;41.28 3. For any person to export from the region waste which is41.29 generated within the region; or41.30 4. For any person to dispose of waste at a facility other41.31 than a regional facility.41.32 The parties to this compact intend that the courts of the 41.33 United States shall specifically enforce the obligations, 41.34 including the obligations of party states and revoked or 41.35 withdrawn party states, established by this compact. 41.36 c. The Commission, an affected party state, or both, may 42.1 obtain injunctive relief, recover damages, or both, to prevent 42.2 or remedy violations of this compact. 42.3 d. Each party state acknowledges that the receipt by42.4 transport into a host state of waste packaged or transported in 42.5 violation of applicable laws, rules and regulations may result 42.6 in the imposition of sanctions by the host state which may 42.7 include reasonable financial penalties assessed against any 42.8 generator, transporter, or collector responsible for the 42.9 violation, or suspension or revocation of the violator's right42.10 ofaccess to the compact facility in the host state by any 42.11 generator, transporter, or collector responsible for the 42.12 violation. 42.13 d.e. Each party state has the right to seek legal 42.14 recourse against any party state which acts in violation of this 42.15 compact. 42.16 f. This compact shall not be construed to create any cause 42.17 of action for any person other than a party state or the 42.18 Commission. Nothing in article IX.f. of this compact, shall 42.19 limit the right of judicial review set forth in article III.n.3. 42.20 of this compact, or the rights of contribution set forth in 42.21 articles III.p., VI.o., VI.s., and VII.g. of this compact. 42.22 ARTICLE X. SEVERABILITY AND CONSTRUCTION 42.23 The provisions of this compact shall be severable and if 42.24 any phrase, clause, sentence orprovision of this compact is 42.25 declaredfinally determined by a court of competent jurisdiction 42.26 to be contrary to the Constitution of any participating state or 42.27 of the United States or the applicabilityapplication thereof to 42.28 any government, agency,person or circumstance is held invalid, 42.29 the validity of the remainder of this compact to that person or 42.30 circumstance and the applicability thereofof the entire compact 42.31 to any government, agency,other person or circumstance shall 42.32 not be affected thereby. If any provision of this compact shall 42.33 be held contrary to the Constitution of any state participating 42.34 therein, the compact shall remain in full force and effect as to 42.35 the state affected as to all severable matters. If any 42.36 provision of this compact imposing a financial obligation upon a 43.1 party state, or a state that has withdrawn from this compact or 43.2 had its membership in this compact revoked, is finally 43.3 determined by a court of competent jurisdiction to be 43.4 unenforceable due to the state's constitutional limitations on 43.5 its ability to pay the obligation, then that state shall use its 43.6 best efforts to obtain an appropriation to pay the obligation, 43.7 and, if the state is a party state, its right to have waste 43.8 generated within its borders disposed of at compact facilities, 43.9 or any noncompact facility made available to the region by any 43.10 agreement entered into by the Commission pursuant to article 43.11 III.h.6. of this compact, shall be suspended until the 43.12 appropriation is obtained. 43.13 Sec. 2. Minnesota Statutes 1994, section 116C.832, 43.14 subdivision 1, is amended to read: 43.15 Subdivision 1. [TERMS DEFINED IN COMPACT.] The terms 43.16 defined in article II of the Midwest Interstate Low-Level 43.17 Radioactive Waste Compact have the meanings given them for the 43.18 purposes of sections 116C.833 to 116C.848116C.849. 43.19 Sec. 3. Minnesota Statutes 1994, section 116C.832, is 43.20 amended by adding a subdivision to read: 43.21 Subd. 5a. [COMMITTEE.] "Committee" means the facility 43.22 siting policy development committee established under section 43.23 116C.842. 43.24 Sec. 4. Minnesota Statutes 1994, section 116C.833, 43.25 subdivision 2, is amended to read: 43.26 Subd. 2. [ SEMIANNUALBIENNIAL REPORT.] In addition to 43.27 other duties specified in sections 116C.833 to 116C.843, the 43.28 commissioner shall report semiannuallyby January 31, 1997, and 43.29 biennially thereafter, to the governor and the legislature 43.30 concerning the activities of the Interstate Commission. The 43.31 report shall include any recommendations the commissioner deems 43.32 necessary to assure the protection of the interest of the state 43.33 in the proper functioning of the compact. The commissioner also 43.34 shall report to the governor and the legislature any time there 43.35 is a change in the status of a host state or other party states 43.36 in the compact. 44.1 Sec. 5. Minnesota Statutes 1994, section 116C.834, 44.2 subdivision 1, is amended to read: 44.3 Subdivision 1. [COSTS.] All costs incurred by the state to 44.4 carry out its responsibilities under the compact and under 44.5 sections 116C.833 to 116C.843 shall be paid by generators of 44.6 low-level radioactive waste in this state through fees assessed 44.7 by the pollution control agency. The agency shall assess the 44.8 fees in the manner provided in section 16A.12816A.1285. Fees 44.9 may be reasonably assessed on the basis of volume or degree of 44.10 hazard of the waste produced by a generator. Costs for which 44.11 fees may be assessed include, but are not limited to: 44.12 (a) the state contribution required to join the compact; 44.13 (b) the expenses of the Commission member and state agency 44.14 costs incurred to support the work of the Interstate Commission; 44.15 and 44.16 (c) regulatory costs , including but not limited to costs of44.17 adopting and enforcing regulations if the state enters into a44.18 limited agreement with the United States Nuclear Regulatory44.19 Commission to assume state regulation of transportation and44.20 packaging, or disposal, of low-level radioactive wastes;44.21 (d) siting costs of a low-level radioactive waste facility44.22 under section 116C.842 and sections 116C.845 to 116C.848 to the44.23 extent that the costs are reasonably attributable to waste44.24 generated in this state; and44.25 (e) any liability the state may incur as a party state to44.26 the compact. 44.27 Sec. 6. Minnesota Statutes 1994, section 116C.834, is 44.28 amended by adding a subdivision to read: 44.29 Subd. 1a. [STATE LIABILITIES.] Nothing in this section 44.30 shall be construed to require generators of low-level 44.31 radioactive waste to pay any financial obligation of the state 44.32 arising under article V, section f.; article VI, section e. or 44.33 l.5.; or article VIII, section d., e., or f. of the compact. 44.34 Sec. 7. Minnesota Statutes 1994, section 116C.835, 44.35 subdivision 6, is amended to read: 44.36 Subd. 6. [EFFECT ON STATE.] Nothing in this section shall 45.1 be construed to permit any action or remedy against the state 45.2 for violation of any provision of the compact. The sole 45.3 remedyremedies for such a violation is the remedyare those 45.4 provided in article III, section h.6. and article VIII, section45.5 f. ofthe compact. 45.6 Sec. 8. Minnesota Statutes 1994, section 116C.836, 45.7 subdivision 2, is amended to read: 45.8 Subd. 2. [PROCEEDINGS AGAINST PARTY STATE OR COMMISSION.] 45.9 The attorney general, in the name of the state, may: 45.10 (a) initiate a proceeding against another party state in45.11 the manneras provided in article IIIIX, section i.3.e. of 45.12 the compact, and may appeal the decisiondecisions of the 45.13 Interstate Commission as provided in article III, section o.n.; 45.14 or 45.15 (b) initiate a proceeding in any court of competent 45.16 jurisdiction to review an action or decision of the Interstate 45.17 Commission, or to require the Commission to act or refrain from 45.18 acting under the terms of the compact in any matter affecting 45.19 the interest of the state. 45.20 Sec. 9. Minnesota Statutes 1994, section 116C.842, is 45.21 amended by adding a subdivision to read: 45.22 Subd. 1a. [FACILITY SITING POLICY DEVELOPMENT COMMITTEE.] 45.23 Following Minnesota's designation as a host state by the 45.24 Interstate Commission, and within 60 days after a compact 45.25 facility located in the host state immediately preceding 45.26 Minnesota begins operation, the governor shall, in consultation 45.27 with the commissioner, establish and appoint the membership of a 45.28 facility siting policy development committee. The committee 45.29 shall study the issues relevant to developing a facility and 45.30 make recommendations concerning appropriate facility siting 45.31 criteria and development requirements. The committee shall 45.32 number no more than 12 voting members, at least eight of whom 45.33 shall be individuals with expertise in a range of scientific 45.34 disciplines relevant to site development. The committee shall 45.35 include at least one representative each from local government 45.36 and generators of low-level radioactive waste, and two 46.1 representatives from public interest groups. In addition, the 46.2 environmental quality board, the Minnesota geological survey, 46.3 the departments of natural resources, transportation, and 46.4 health, and the agency shall have nonvoting membership on the 46.5 committee and shall provide information and technical assistance 46.6 to the committee as needed. The committee shall report its 46.7 findings and recommendations to the governor and the legislature 46.8 no later than one year following the establishment of the 46.9 committee. 46.10 Sec. 10. Minnesota Statutes 1994, section 116C.842, is 46.11 amended by adding a subdivision to read: 46.12 Subd. 2a. [ADMINISTRATION.] The environmental quality 46.13 board shall provide administrative assistance to the committee. 46.14 Sec. 11. Minnesota Statutes 1994, section 116C.842, is 46.15 amended by adding a subdivision to read: 46.16 Subd. 3a. [COMPENSATION.] The citizen members of the 46.17 committee shall be compensated as provided in section 15.0575. 46.18 Sec. 12. Minnesota Statutes 1994, section 116C.842, is 46.19 amended by adding a subdivision to read: 46.20 Subd. 3b. [TERMINATION.] The committee is terminated upon 46.21 reporting its recommendations to the governor and legislature in 46.22 accordance with subdivision 1a. 46.23 Sec. 13. [116C.849] [SITING CRITERIA.] 46.24 In making its facility siting policy recommendations to the 46.25 governor and the legislature, the committee shall consider 46.26 health, safety, and environmental protection above all other 46.27 siting criteria. 46.28 Sec. 14. [REPEALER.] 46.29 Minnesota Statutes 1994, sections 116C.832, subdivisions 2, 46.30 7, and 8; 116C.837; 116C.839; 116C.840, subdivision 3; 116C.841; 46.31 116C.842, subdivisions 1, 2, and 3; 116C.845; 116C.846; 46.32 116C.847; and 116C.848, are repealed.