HF 2207

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 2021d 2021j), as amended through December 
  2.1   31, 1982 1985, has provided for and encouraged the development 
  2.2   of low-level radioactive waste compacts as a tool for managing 
  2.3   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 management disposal 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 manage dispose 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 management disposal 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  management disposal 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 manage dispose of low-level 
  2.28  radioactive waste generated in the region; 
  2.29     5.  Encouraging the source reduction of the amounts of 
  2.30  low-level radioactive waste generated in the region and 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.  Distributing Ensuring that the costs, benefits 
  2.34  expenses, liabilities, and obligations of successful low-level 
  2.35  radioactive waste management equitably among the party states, 
  2.36  and among disposal are paid by generators and other persons who 
  3.1   use regional compact facilities to manage dispose of their 
  3.2   waste; and 
  3.3      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 and environmentally 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 closure closing 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 end 
  4.10  of a facility's operating life to assure the continued 
  4.11  protection of the public from any residual radioactivity or 
  4.12  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 the 
  4.23  biosphere in a permanent facility designed for that purpose with 
  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 party 
  4.29  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 is 
  4.35  being developed for the treatment, storage or disposal 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 or 
  5.12  possesses low-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 extent 
  5.17  required by law, is licensed by the U.S. Nuclear Regulatory 
  5.18  Commission or a party state, to produce or possess such waste.  
  5.19  Generator does not include a person who provides a service by 
  5.20  arranging for the collection, transportation, treatment, storage 
  5.21  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 regional compact 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 or 
  5.35  by-product material as defined in section 11(e)(2) of the Atomic 
  5.36  Energy Act of 1954, (United States Code, title 42, section 2014).
  6.1      j.  "Management plan" means the plan adopted by the 
  6.2   Commission for the storage, transportation, treatment, and 
  6.3   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 which that 
  6.16  enacts the this 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 located 
  7.3   within the region and which is established by a party state 
  7.4   pursuant to designation of that state as a host state by the 
  7.5   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 for 
  7.12  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.  No 
  7.32  Except as otherwise specifically provided in this compact, an 
  7.33  action of the Commission is binding unless if a majority of the 
  7.34  total membership cast their casts 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 on Administrative Procedure Act compiled at 
  8.9   United States Code, title 5, sections 500 to 559, as amended 
  8.10  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 a any 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, or 
  9.4   group of states for the right to use regional facilities for 
  9.5   waste generated outside of the region and for the right to use 
  9.6   facilities outside the region for waste generated within the 
  9.7   region.  The right of any person to use a regional facility for 
  9.8   waste generated outside of the region requires an affirmative 
  9.9   vote of a majority of the Commission, including the affirmative 
  9.10  vote of the member of the host state in which any affected 
  9.11  regional facility is located.  
  9.12     2.  Approve the disposal of waste generated within the 
  9.13  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 the any emergency closure closing of 
  9.20  a regional compact facility, determine the appropriateness of 
  9.21  that closure closing, 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 a 
  9.27  party state by a two-thirds vote of the membership in accordance 
  9.28  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 to 
 10.30  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 final 
 10.36  decision disputes which may arise between the party states 
 11.1   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 management disposal plan which designates host states 
 11.6   for the establishment of needed regional compact 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 of for the Commission shall be 
 12.3   provided as follows:  
 12.4      1.  Each state, upon becoming a party state, shall pay 
 12.5   $50,000 or $1,000 per cubic meter of waste shipped from that 
 12.6   state in 1980, whichever is lower, to the Commission which shall 
 12.7   be used for the administrative costs of the Commission; 
 12.8      2.  Each state hosting a regional facility shall levy 
 12.9   surcharges on all users of the regional facility based upon its 
 12.10  portion of the total volume and characteristics of wastes 
 12.11  managed at that facility.  The surcharges collected at all 
 12.12  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 to Cover the annual budget of the 
 12.32  Commission; 
 12.33     b.  Represent the financial commitments of all party states 
 12.34  to the Commission; and 
 12.35     c.  Be paid to the Commission, provided, however, that each 
 12.36  host state collecting surcharges may retain a portion of the 
 13.1   collection sufficient to cover its administrative costs of 
 13.2   collection, and that the remainder be sufficient only to cover 
 13.3   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 all 
 13.12  receipts and disbursements Financial 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 all 
 13.16  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 article compact.  
 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 associated 
 13.30  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 any 
 13.36  facility, or 
 14.1      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 as 
 14.4   a separate and distinct legal entity.  Liabilities of the 
 14.5   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 this 
 14.9   article, nothing in this compact alters liability for any act, 
 14.10  omission, course of conduct or liability resulting from any 
 14.11  causal or other relationships.  
 14.12     o.  Any person aggrieved by a final decision of the 
 14.13  Commission may obtain judicial review of such decision in any 
 14.14  court of competent jurisdiction by filing in such court a 
 14.15  petition for review within 60 days after the Commission's final 
 14.16  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 MANAGEMENT DISPOSAL PLAN 
 17.27     The Commission shall adopt and periodically update a 
 17.28  regional management disposal plan designed to ensure the safe 
 17.29  and efficient management disposal of waste generated within the 
 17.30  region.  In adopting a regional waste management disposal 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 regional compact facilities which are presently necessary and 
 17.35  which are projected to be necessary to manage dispose of waste 
 17.36  generated within the region; 
 18.1      b.  Develop and consider policies promoting source 
 18.2   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 regional compact 
 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 regional compact 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 ecological impacts 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 regional compact facility; 
 18.21     e. d.  Prepare a draft management disposal 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  management disposal plan.  The management disposal 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 managed disposed of at regional 
 19.6   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 article articles 
 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 right 
 19.16  of access to a facility outside the region and may export waste 
 19.17  outside the region subject to Commission approval under article 
 19.18  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 upon 
 20.33  a two-thirds vote of its members.  
 20.34     b.  If not all regional compact facilities required by the 
 20.35  regional management disposal plan are not developed pursuant to 
 20.36  section a., or upon notification that an existing regional 
 21.1   facility will be closed article VI.a. of this compact, the 
 21.2   Commission may designate a host state.  
 21.3      c.  Each party After a state is designated as a host state 
 21.4   by the Commission, it is responsible for determining possible 
 21.5   facility locations within its borders.  The selection of a 
 21.6   facility site shall not conflict with applicable federal and 
 21.7   host state laws, regulations and rules not inconsistent with 
 21.8   this compact and shall be based on factors including, but not 
 21.9   limited to, geological, environmental and economic viability of 
 21.10  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 this 
 21.34  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 regional compact facility site of the type it 
 22.2   is designated to host exists 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 the 
 22.22  Commission, it is responsible for the timely development and 
 22.23  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 extended long-term care of that facility. 
 23.13     g.  The Commission may designate a party state as a host 
 23.14  state while a regional facility is in operation if the 
 23.15  Commission determines that an additional regional facility is or 
 23.16  may be required to meet the needs of the region.  The Commission 
 23.17  shall make this designation following the procedures established 
 23.18  under article IV.  
 23.19     h.  Designation of a host state is for a period of 20 years 
 23.20  or the life of the regional facility which is established under 
 23.21  that designation, whichever is longer.  Upon request of a host 
 23.22  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 may shall establish a fee system for 
 23.36  of fees to be collected from the users of any regional compact 
 24.1   facility within its borders.  The fee system, and the costs paid 
 24.2   through the system, shall be reasonable and equitable.  This The 
 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 any pay costs associated with the compact facility, 
 24.6   including, but not limited to, the planning, siting, licensure 
 24.7   operation, decommissioning, extended care and long-term 
 24.8   liability, associated with such facilities.  This fee system may 
 24.9   also include reasonable revenue beyond the costs incurred for 
 24.10  the host state, subject to approval by the Commission.  A host 
 24.11  state shall submit an annual financial audit of the operation of 
 24.12  the regional facility to the Commission operation, 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 may shall include 
 24.17  incentives for source reduction and may shall 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 regional compact 
 24.20  facility located within its borders which that is permanently 
 24.21  closed is properly decommissioned.  A host state shall also 
 24.22  provide for the care of a closed or decommissioned regional 
 24.23  facility within its borders so that the public health and safety 
 24.24  of the state and region are ensured cared 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 facility 
 24.28  located within its borders shall notify the Commission in 
 24.29  writing of its intention and the reasons.  Notification shall be 
 24.30  given to the Commission at least five years prior to the 
 24.31  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 section compact shall not prevent an emergency 
 27.29  closing of a regional compact facility by a host state to 
 27.30  protect its air, land and water resources and the health and 
 27.31  safety of its citizens all people who may be affected by the 
 27.32  facility.  However, A host state which that has an emergency 
 27.33  closing of a regional compact 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 or 
 28.2   new facility becomes operational, waste generated within the 
 28.3   region may be shipped temporarily to any location agreed on by 
 28.4   the Commission until a regional facility is operational.  
 28.5      m.  A party state which is designated as a host state by 
 28.6   the Commission and fails to fulfill its obligations as a host 
 28.7   state may have its privileges under the compact suspended or 
 28.8   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 storage generator from storing or 
 32.29  treatment of waste by the generator treating, 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 rights 
 33.10  and powers of any party state and its political subdivisions to 
 33.11  tax or impose fees on the waste managed at any facility within 
 33.12  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, conduct 
 33.17  or relationships in accordance with applicable laws Limits, 
 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 parts 
 33.23  of laws in conflict If 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 of 
 36.13  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 on 
 36.16  July 1, 1984.  
 36.17     b.  Any state not eligible for membership in the compact 
 36.18  may petition the Commission for eligibility to 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 all the member 
 36.25  from each host states state 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 for 
 36.29  membership at the time this compact enters into force when 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 state 
 36.33  enacts the compact into law and pays the membership fee required 
 36.34  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.  Any c.  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 no 
 37.13  withdrawal may take effect until five years after the governor 
 37.14  of the withdrawing state gives notice in writing of the 
 37.15  withdrawal to the Commission and to the governor of each party 
 37.16  state and by receiving the unanimous consent of the Commission.  
 37.17  Withdrawal does not affect any liability already incurred by or 
 37.18  chargeable to a party state prior to the time of such 
 37.19  withdrawal.  Any host state which grants a disposal permit for 
 37.20  waste generated in a withdrawing state shall void the permit 
 37.21  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 which that fails to comply with the 
 37.31  terms of this compact or fails to fulfill its obligations may 
 37.32  have its privileges reasonable 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 the 
 38.2   Commission in accordance with article III.h.6 a 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 from on the date the affected party state 
 38.8   receives written notice from the Commission of its 
 38.9   action specified in the resolution revoking the party state's 
 38.10  membership.  All legal rights of the affected revoked 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 revocation under 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 other governors 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 any 
 39.35  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 take 
 40.2   effect until the Congress has by law consented to this compact.  
 40.3   The Congress shall have an opportunity to withdraw such consent 
 40.4   every five years.  Failure of the Congress to affirmatively 
 40.5   withdraw its consent has the effect of renewing consent for an 
 40.6   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 article and to the 
 40.9   power of the Commission to ban regulate the shipment and 
 40.10  disposal of waste from the region and disposal of naturally 
 40.11  occurring and accelerator-produced radioactive material pursuant 
 40.12  to article III this 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 under 
 40.19  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 article does 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 to 
 40.25  be a host state has 90 days from receipt by the Governor of 
 40.26  written notice of designation to withdraw from the compact 
 40.27  without any right to receive refund of any funds already paid 
 40.28  pursuant to this compact, and without any further payment. 
 40.29  Withdrawal becomes effective immediately upon notice as provided 
 40.30  in section e. of this article.  A designated host state which 
 40.31  withdraws from the compact after 90 days and prior to fulfilling 
 40.32  its obligations shall be assessed a sum the Commission 
 40.33  determines to be necessary to cover the costs borne by the 
 40.34  Commission and remaining party states as a result of that 
 40.35  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 pursuant 
 41.22  to article III.h. after January 1, 1986, it is a violation of 
 41.23  this compact:  
 41.24     1.  For any person to deposit at a regional facility waste 
 41.25  not generated within the region; 
 41.26     2.  For any regional facility to accept waste not generated 
 41.27  within the region; 
 41.28     3.  For any person to export from the region waste which is 
 41.29  generated within the region; or 
 41.30     4.  For any person to dispose of waste at a facility other 
 41.31  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 by 
 42.4   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 right 
 42.10  of access 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 or provision of this compact is 
 42.25  declared finally 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 applicability application 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 thereof of 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.848 116C.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.  [SEMIANNUAL BIENNIAL REPORT.] In addition to 
 43.27  other duties specified in sections 116C.833 to 116C.843, the 
 43.28  commissioner shall report semiannually by 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.128 16A.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 of 
 44.17  adopting and enforcing regulations if the state enters into a 
 44.18  limited agreement with the United States Nuclear Regulatory 
 44.19  Commission to assume state regulation of transportation and 
 44.20  packaging, or disposal, of low-level radioactive wastes; 
 44.21     (d) siting costs of a low-level radioactive waste facility 
 44.22  under section 116C.842 and sections 116C.845 to 116C.848 to the 
 44.23  extent that the costs are reasonably attributable to waste 
 44.24  generated in this state; and 
 44.25     (e) any liability the state may incur as a party state to 
 44.26  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   remedy remedies for such a violation is the remedy are those 
 45.4   provided in article III, section h.6. and article VIII, section 
 45.5   f. of the 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 in 
 45.11  the manner as provided in article III IX, section i.3. e. of 
 45.12  the compact, and may appeal the decision decisions 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.