Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 353--S.F.No. 511
           An act relating to low-level radioactive waste; 
          entering the Midwest Interstate Low-Level Radioactive 
          Waste Compact; assessing certain low-level radioactive 
          waste generators; providing for enforcement of the 
          compact; providing for civil and criminal penalties; 
          creating an advisory committee; appropriating money; 
          proposing new law coded in Minnesota Statutes, chapter 
          116C. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [116C.831] [MIDWEST INTERSTATE LOW-LEVEL 
RADIOACTIVE WASTE COMPACT.] 
    The Midwest Interstate Low-Level Radioactive Waste Compact 
is enacted into law and entered into with all jurisdictions 
legally joining therein in the form substantially as follows:  
 ARTICLE I.  POLICY AND PURPOSE 
    There is created the Midwest Interstate Low-Level 
Radioactive Waste Compact.  
    The states party to this compact recognize that the 
Congress of the United States, by enacting the Low-Level 
Radioactive Waste Policy Act (42 United States Code 2021b to 
2021d), as amended through December 31, 1982, has provided for 
and encouraged the development of low-level radioactive waste 
compacts as a tool for managing such waste.  The party states 
acknowledge that the Congress has declared that each state is 
responsible for providing for the availability of capacity 
either within or outside the state for the disposal of low-level 
radioactive waste generated within its borders, except for waste 
generated as a result of certain defense activities of the 
federal government or federal research and development 
activities.  The party states also recognize that the management 
of low-level radioactive waste is handled most efficiently on a 
regional basis; and, that the safe and efficient management of 
low-level radioactive waste generated within the region requires 
that sufficient capacity to manage such waste be properly 
provided.  
    a.  It is the policy of the party states to enter into a 
regional low-level radioactive waste management compact for the 
purpose of:  
    1.  Providing the instrument and framework for a 
cooperative effort;  
    2.  Providing sufficient facilities for the proper 
management of low-level radioactive waste generated in the 
region;  
    3.  Protecting the health and safety of the citizens of the 
region;  
    4.  Limiting the number of facilities required to 
effectively and efficiently manage low-level radioactive waste 
generated in the region;  
    5.  Encouraging the reduction of the amounts of low-level 
radioactive waste generated in the region;  
    6.  Distributing the costs, benefits, and obligations of 
successful low-level radioactive waste management equitably 
among the party states, and among generators and other persons 
who use regional facilities to manage their waste; and 
    7.  Ensuring the ecological and economical management of 
low-level radioactive wastes.  
    b.  Implicit in the Congressional consent to this compact 
is the expectation by the Congress and the party states that the 
appropriate federal agencies will actively assist the Compact 
Commission and the individual party states to this compact by:  
    1.  Expeditious enforcement of federal rules, regulations 
and laws;  
    2.  Imposition of sanctions against those found to be in 
violation of federal rules, regulations and laws; and 
    3.  Timely inspection of their licensees to determine their 
compliance with these rules, regulations and laws.  
 ARTICLE II.  DEFINITIONS
    As used in this compact, unless the context clearly 
requires a different construction:  
    a.  "Care" means the continued observation of a facility 
after closure for the purposes of detecting a need for 
maintenance, ensuring environmental safety, and determining 
compliance with applicable licensure and regulatory requirements 
and including the correction of problems which are detected as a 
result of that observation.  
    b.  "Commission" means the Midwest Interstate Low-Level 
Radioactive Waste Commission.  
    c.  "Decommissioning" means the measures taken at the end 
of a facility's operating life to assure the continued 
protection of the public from any residual radioactivity or 
other potential hazards present at a facility.  
    d.  "Disposal" means the isolation of waste from the 
biosphere in a permanent facility designed for that purpose.  
    e.  "Eligible state" means a state qualified to be a party 
state to this compact as provided in Article VIII.  
    f.  "Facility" means a parcel of land or site, together 
with the structures, equipment and improvements on or 
appurtenant to the land or site, which is used or is being 
developed for the treatment, storage or disposal of low-level 
radioactive waste.  
    g.  "Generator" means any person who produces or possesses 
low-level radioactive waste in the course of or incident to 
manufacturing, power generation, processing, medical diagnosis 
and treatment, research, or other industrial or commercial 
activity and who, to the extent required by law, is licensed by 
the U.S. Nuclear Regulatory Commission or a party state, to 
produce or possess such waste.  Generator does not include a 
person who provides a service by arranging for the collection, 
transportation, treatment, storage or disposal of wastes 
generated outside the region.  
    h.  "Host state" means any state which is designated by the 
Commission to host a regional facility.  
    i.  "Low-level radioactive waste" or "waste" means 
radioactive waste not classified as high-level radioactive 
waste, transuranic waste, spent nuclear fuel or by-product 
material as defined in Section 11(e)(2) of the Atomic Energy Act 
of 1954, (42 United States Code 2014).  
    j.  "Management plan" means the plan adopted by the 
Commission for the storage, transportation, treatment, and 
disposal of waste within the region.  
    k.  "Party state" means any eligible state which enacts the 
compact into law.  
    l.  "Person" means any individual, corporation, business 
enterprise or other legal entity either public or private and 
any legal successor, repesentative, agent or agency of that 
individual, corporation, business enterprise, or legal entity.  
    m.  "Region" means the area of the party states.  
    n.  "Regional facility" means a facility which is located 
within the region and which is established by a party state 
pursuant to designation of that state as a host state by the 
Commission.  
    o.  "Site" means the geographic location of a facility.  
    p.  "State" means a state of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, the 
Virgin Islands or any other territorial possession of the United 
States.  
    q.  "Storage" means the temporary holding of waste for 
treatment or disposal.  
    r.  "Treatment" means any method, technique or process, 
including storage for radioactive decay, designed to change the 
physical, chemical or biological characteristics or composition 
of any waste in order to render the waste safer for transport or 
management, amenable to recovery, convertible to another usable 
material, or reduced in volume.  
    s.  "Waste management" means the storage, transportation, 
treatment, or disposal of waste.  
 ARTICLE III.  THE COMMISSION
    a.  There is hereby created the Midwest Interstate 
Low-Level Radioactive Waste Commission.  The Commission consists 
of one voting member from each party state.  The Governor of 
each party state shall notify the Commission in writing of its 
member and any alternates.  An alternate may act on behalf of 
the member only in that member's absence.  The method for 
selection and the expenses of each Commission member shall be 
the responsibility of the member's respective state.  
    b.  Each Commission member is entitled to one vote.  No 
action of the Commission is binding unless a majority of the 
total membership cast their vote in the affirmative.  
    c.  The Commission shall elect annually from among its 
members a chairperson.  The Commission shall adopt and publish, 
in convenient form, bylaws, and policies which are not 
inconsistent with this compact, including procedures which 
substantially conform with the provisions of federal law on 
administrative procedure compiled at 5 United States Code 500 to 
559, as amended through December 31, 1982, in regard to notice, 
conduct and recording of meetings; access by the public to 
records; provision of information to the public; conduct of 
adjudicatory hearings; and issuance of decisions.  
    d.  The Commission shall meet at least once annually and 
shall also meet upon the call of the chairperson or a Commission 
member.  
    e.  All meetings of the Commission shall be open to the 
public with reasonable advance notice.  The Commission may, by 
majority vote, close a meeting to the public for the purpose of 
considering sensitive personnel or legal strategy matters. 
However, all Commission actions and decisions shall be made in 
open meetings and appropriately recorded.  
    f.  The Commission may establish advisory committees for 
the purpose of advising the Commission on any matters pertaining 
to waste management.  
    g.  The office of the Commission shall be in a party 
state.  The Commission may appoint or contract for and 
compensate such limited staff necessary to carry out its duties 
and functions.  The staff shall serve at the Commission's 
pleasure with the exception that staff hired as the result of 
securing federal funds shall be hired and governed under 
applicable federal statutes and regulations.  In selecting any 
staff, the Commission shall assure that the staff has adequate 
experience and formal training to carry out the functions 
assigned to it by the Commission.  
    h.  The Commission may:  
    1.  Enter into an agreement with any person, state, or 
group of states for the right to use regional facilities for 
waste generated outside of the region and for the right to use 
facilities outside the region for waste generated within the 
region.  The right of any person to use a regional facility for 
waste generated outside of the region requires an affirmative 
vote of a majority of the Commission, including the affirmative 
vote of the member of the host state in which any affected 
regional facility is located.  
    2.  Approve the disposal of waste generated within the 
region at a facility other than a regional facility.  
    3.  Appear as an intervenor or party in interest before any 
court of law or any federal, state or local agency, board or 
commission in any matter related to waste management.  In order 
to represent its views, the Commission may arrange for any 
expert testimony, reports, evidence or other participation.  
    4.  Review the emergency closure of a regional facility, 
determine the appropriateness of that closure, and take whatever 
actions are necessary to ensure that the interests of the region 
are protected.  
    5.  Take any action which is appropriate and necessary to 
perform its duties and functions as provided in this compact.  
    6.  Suspend the privileges or revoke the membership of a 
party state by a two-thirds vote of the membership in accordance 
with article VIII.  
   i.  The Commission shall:  
   1.  Receive and act on the petition of a nonparty state to 
become an eligible state.  
   2.  Submit an annual report to, and otherwise communicate 
with, the governors and the appropriate officers of the 
legislative bodies of the party states regarding the activities 
of the Commission.  
    3.  Hear, negotiate, and, as necessary, resolve by final 
decision disputes which may arise between the party states 
regarding this compact.  
    4.  Adopt and amend, by a two-thirds vote of the 
membership, in accordance with the procedures and criteria 
developed pursuant to Article IV, a regional management plan 
which designates host states for the establishment of needed 
regional facilities.  
    5.  Adopt an annual budget.  
    j.  Funding of the budget of the Commission shall be 
provided as follows:  
    1.  Each state, upon becoming a party state, shall pay 
$50,000 or $1,000 per cubic meter of waste shipped from that 
state in 1980, whichever is lower, to the Commission which shall 
be used for the administrative costs of the Commission;  
    2.  Each state hosting a regional facility shall levy 
surcharges on all users of the regional facility based upon its 
portion of the total volume and characteristics of wastes 
managed at that facility.  The surcharges collected at all 
regional facilities shall:  
    a.  Be sufficient to cover the annual budget of the 
Commission;  
    b.  Represent the financial commitments of all party states 
to the Commission; and 
    c.  Be paid to the Commission, provided, however, that each 
host state collecting surcharges may retain a portion of the 
collection sufficient to cover its administrative costs of 
collection, and that the remainder be sufficient only to cover 
the approved annual budget of the Commission.  
    k.  The Commission shall keep accurate accounts of all 
receipts and disbursements.  The Commission shall contract with 
an independent certified public accountant to annually audit all 
receipts and disbursements of Commission funds, and to submit an 
audit report to the Commission.  The audit report shall be made 
a part of the annual report of the Commission required by this 
Article.  
    1.  The Commission may accept for any of its purposes and 
functions and may utilize and dispose of any donations, grants 
of money, equipment, supplies, materials and services from any 
state or the United States (or any subdivision or agency 
thereof), or interstate agency, or from any institution, person, 
firm or corporation.  The nature, amount and condition, if any, 
attendant upon any donation or grant accepted or received by the 
Commission together with the identity of the donor, grantor or 
lender, shall be detailed in the annual report of the Commission.
    m.  The Commission is not liable for any costs associated 
with any of the following:  
    1.  The licensing and construction of any facility, 
    2.  The operation of any facility, 
    3.  The stabilization and closure of any facility, 
    4.  The care of any facility, 
    5.  The extended institutional control, aftercare of any 
facility, or 
    6.  The transportation of waste to any facility.  
    n.  1.  The Commission is a legal entity separate and 
distinct from the party states and is liable for its actions as 
a separate and distinct legal entity.  Liabilities of the 
Commission are not liabilities of the party states.  Members of 
the Commission are not personally liable for actions taken by 
them in their official capacity.  
    2.  Except as provided under sections m. and n.1. of this 
article, nothing in this compact alters liability for any act, 
omission, course of conduct or liability resulting from any 
causal or other relationships.  
    o.  Any person aggrieved by a final decision of the 
Commission may obtain judicial review of such decision in any 
court of competent jurisdiction by filing in such court a 
petition for review within 60 days after the Commission's final 
decision.  
 ARTICLE IV.  REGIONAL MANAGEMENT PLAN
    The Commission shall adopt a regional management plan 
designed to ensure the safe and efficient management of waste 
generated within the region.  In adopting a regional waste 
management plan the Commission shall:  
    a.  Adopt procedures for determining, consistent with 
considerations for public health and safety, the type and number 
of regional facilities which are presently necessary and which 
are projected to be necessary to manage waste generated within 
the region;  
    b.  Develop and consider policies promoting source 
reduction of waste generated within the region;  
    c.  Develop and adopt procedures and criteria for 
identifying a party state as a host state for a regional 
facility.  In developing these criteria, the Commission shall 
consider all the following;  
    l.  The health, safety, and welfare of the citizens of the 
party states.  
    2.  The existence of regional facilities within each party 
state.  
    3.  The minimization of waste transportation.  
    4.  The volumes and types of wastes generated within each 
party state.  
    5.  The environmental, economic, and ecological impacts on 
the air, land and water resources of the party states.  
    d.  Conduct such hearings, and obtain such reports, 
studies, evidence and testimony required by its approved 
procedures prior to identifying a party state as a host state 
for a needed regional facility;  
    e.  Prepare a draft management plan, including procedures, 
criteria and host states, including alternatives, which shall be 
made available in a convenient form to the public for comment. 
Upon the request of a party state, the Commission shall conduct 
a public hearing in that state prior to the adoption of the 
management plan.  The management plan shall include the 
commission's response to public and party state comment.  
 ARTICLE V.  RIGHTS AND OBLIGATIONS OF PARTY STATES
    a.  Each party state shall act in good faith in the 
performance of acts and courses of conduct which are intended to 
ensure the provision of facilities for regional availability and 
usage in a manner consistent with this compact.  
    b.  Each party state has the right to have all wastes 
generated within its borders managed at regional facilities 
subject to the provisions contained in Article IX. c.  All party 
states have an equal right of access to any facility made 
available to the region by any agreement entered into by the 
Commission pursuant to Article III.  
    c.  Party states or generators may negotiate for the right 
of access to a facility outside the region and may export waste 
outside the region subject to Commission approval under Article 
III.  
    d.  To the extent permitted by federal law, each party 
state may enforce any applicable federal and state laws, 
regulations and rules pertaining to the packaging and 
transportation of waste generated within or passing through its 
borders.  Nothing in this section shall be construed to require 
a party state to enter into any agreement with the U.S. Nuclear 
Regulatory Commission.  
    e.  Each party state shall provide to the Commission any 
data and information the Commission requires to implement its 
responsibilities.  Each party state shall establish the 
capability to obtain any data and information required by the 
Commission.  
 ARTICLE VI.  DEVELOPMENT AND OPERATION OF FACILITIES
    a.  Any party state may volunteer to become a host state, 
and the Commission may designate that state as a host state upon 
a two-thirds vote of its members.  
    b.  If all regional facilities required by the regional 
management plan are not developed pursuant to section a., or 
upon notification that an existing regional facility will be 
closed, the Commission may designate a host state.  
    c.  Each party state designated as a host state is 
responsible for determining possible facility locations within 
its borders.  The selection of a facility site shall not 
conflict with applicable federal and host state laws, 
regulations and rules not inconsistent with this compact and 
shall be based on factors including, but not limited to, 
geological, environmental and economic viability of possible 
facility locations.  
    d.  Any party state designated as a host state may request 
the Commission to relieve that state of the responsibility to 
serve as a host state.  The Commission may relieve a party state 
of this responsibility only upon a showing by the requesting 
party state that no feasible potential regional facility site of 
the type it is designated to host exists within its borders.  
    e.  After a state is designated a host state by the 
Commission, it is responsible for the timely development and 
operation of a regional facility.  
    f.  To the extent permitted by federal and state law, a 
host state shall regulate and license any facility within its 
borders and ensure the extended care of that facility.  
    g.  The Commission may designate a party state as a host 
state while a regional facility is in operation if the 
Commission determines that an additional regional facility is or 
may be required to meet the needs of the region.  The Commission 
shall make this designation following the procedures established 
under article IV.  
    h.  Designation of a host state is for a period of 20 years 
or the life of the regional facility which is established under 
that designation, whichever is longer.  Upon request of a host 
state, the Commission may modify the period of its designation.  
    i.  A host state may establish a fee system for any 
regional facility within its borders.  The fee system shall be 
reasonable and equitable.  This fee system shall provide the 
host state with sufficient revenue to cover any costs, including 
but not limited to the planning, siting, licensure operation, 
decommissioning, extended care and long-term liability, 
associated with such facilities.  This fee system may also 
include reasonable revenue beyond the costs incurred for the 
host state, subject to approval by the Commission.  A host state 
shall submit an annual financial audit of the operation of the 
regional facility to the Commission.  The fee system may include 
incentives for source reduction and may be based on the hazard 
of the waste as well as the volume.  
    j.  A host state shall ensure that a regional facility 
located within its borders which is permanently closed is 
properly decommissioned.  A host state shall also provide for 
the care of a closed or decommissioned regional facility within 
its borders so that the public health and safety of the state 
and region are ensured.  
    k.  A host state intending to close a regional facility 
located within its borders shall notify the Commission in 
writing of its intention and the reasons.  Notification shall be 
given to the Commission at least five years prior to the 
intended date of closure.  This section shall not prevent an 
emergency closing of a regional facility by a host state to 
protect its air, land and water resources and the health and 
safety of its citizens.  However, a host state which has an 
emergency closing of a regional facility shall notify the 
Commission in writing within three working days of its action 
and shall, within 30 working days of its action, demonstrate 
justification for the closing. 
    1.  If a regional facility closes before an additional or 
new facility becomes operational, waste generated within the 
region may be shipped temporarily to any location agreed on by 
the Commission until a regional facility is operational.  
    m.  A party state which is designated as a host state by 
the Commission and fails to fulfill its obligations as a host 
state may have its privileges under the compact suspended or 
membership in the compact revoked by the Commission.  
 ARTICLE VII.  OTHER LAWS AND REGULATIONS 
    a.  Nothing in this compact:  
    1.  Abrogates or limits the applicability of any act of 
Congress or diminishes or otherwise impairs the jurisdiction of 
any federal agency expressly conferred thereon by the Congress;  
    2.  Prevents the enforcement of any other law of a party 
state which is not inconsistent with this compact;  
    3.  Prohibits any storage or treatment of waste by the 
generator on its own premises;  
    4.  Affects any administrative or judicial proceeding 
pending on the effective date of this compact;  
    5.  Alters the relations between and the respective 
internal responsibility of the government of a party state and 
its subdivisions;  
    6.  Affects the generation, treatment, storage, or disposal 
of waste generated by the atomic energy defense activities of 
the Secretary of the U.S. Department of Energy or successor 
agencies or federal research and development activities as 
described in section 31 of the Atomic Energy Act of 1954 (42 
United States Code 2051); or 
    7.  Affects the rights and powers of any party state or its 
political subdivisions to the extent not inconsistent with this 
compact, to regulate and license any facility or the 
transportation of waste within its borders or affects the rights 
and powers of any party state and its political subdivisions to 
tax or impose fees on the waste managed at any facility within 
its borders;  
    8.  Requires a party state to enter into any agreement with 
the U.S. Nuclear Regulatory Commission;  
    9.  Alters or limits liability of transporters of waste, 
owners and operators of sites for their acts, omissions, conduct 
or relationships in accordance with applicable laws.  
    b.  For purposes of this compact, all state laws or parts 
of laws in conflict with this compact are hereby superseded to 
the extent of the conflict.  
    c.  No law, rule or regulation of a party state or of any 
of its subdivisions or instrumentalities may be applied in a 
manner which discriminates against the generators of another 
party state.  
 ARTICLE VIII.  ELIGIBLE PARTIES, WITHDRAWAL,
 REVOCATION, ENTRY INTO FORCE, TERMINATION  
   a.  Eligible parties to this compact are the states of 
Delaware, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, 
Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, 
South Dakota, Virginia and Wisconsin.  Eligibility terminates on 
July 1, 1984.  
    b.  Any state not eligible for membership in the compact 
may petition the Commission for eligibility.  The Commission may 
establish appropriate eligibility requirements.  These 
requirements may include, but are not limited to, an eligibility 
fee or designation as a host state.  A petitioning state becomes 
eligible for membership in the compact upon the approval of the 
Commission, including the affirmative vote of all host states. 
Any state becoming eligible upon the approval of the Commission 
becomes a member of the compact in the same manner as any state 
eligible for membership at the time this compact enters into 
force.  
    c.  An eligible state becomes a party state when the state 
enacts the compact into law and pays the membership fee required 
in Article III. j.1.  
    d.  The Commission is formed upon the appointment of 
Commission members and the tender of the membership fee payable 
to the Commission by three party states.  The Governor of the 
first state to enact this compact shall convene the initial 
meeting of the Commission.  The Commission shall cause 
legislation to be introduced in the Congress which grants the 
consent of the Congress to this compact, and shall take action 
necessary to organize the Commission and implement the 
provisions of this compact.  
    e.  Any party state may withdraw from this compact by 
repealing the authorizing legislation but no withdrawal may take 
effect until five years after the governor of the withdrawing 
state gives notice in writing of the withdrawal to the 
Commission and to the governor of each party state.  Withdrawal 
does not affect any liability already incurred by or chargeable 
to a party state prior to the time of such withdrawal.  Any host 
state which grants a disposal permit for waste generated in a 
withdrawing state shall void the permit when the withdrawal of 
that state is effective.  
    f.  Any party state which fails to comply with the terms of 
this compact or fails to fulfill its obligations may have its 
privileges suspended or its membership in the compact revoked by 
the Commission in accordance with Article III. h.6.  Revocation 
takes effect one year from the date the affected party state 
receives written notice from the Commission of its action.  All 
legal rights of the affected party state established under this 
compact cease upon the effective date of revocation but any 
legal obligations of that party state arising prior to 
revocation continue until they are fulfilled.  The chairperson 
of the Commission shall transmit written notice of a revocation 
of a party state's membership in the compact immediately 
following the vote of the Commission to the governor of the 
affected party state, all other governors of the party states 
and the Congress of the United States.  
    g.  This compact becomes effective July 1, 1983, or at any 
date subsequent to July 1, 1983, upon enactment by at least 
three eligible states.  However, Article IX, section (b) shall 
not take effect until the Congress has by law consented to this 
compact.  The Congress shall have an opportunity to withdraw 
such consent every five years.  Failure of the Congress to 
affirmatively withdraw its consent has the effect of renewing 
consent for an additional five year period.  The consent given 
to this compact by the Congress shall extend to any future 
admittance of new party states under sections b. and c. of this 
article and to the power of the Commission to ban the shipment 
of waste from the region pursuant to Article III.  
    h.  The withdrawal of a party state from this compact under 
section e. of this article or the suspension or revocation of a 
state's membership in this compact under section f. of this 
article does not affect the applicability of this compact to the 
remaining party states.  
    i.  A state which has been designated by the Commission to 
be a host state has 90 days from receipt by the Governor of 
written notice of designation to withdraw from the compact 
without any right to receive refund of any funds already paid 
pursuant to this compact, and without any further payment. 
Withdrawal becomes effective immediately upon notice as provided 
in section e. of this article.  A designated host state which 
withdraws from the compact after 90 days and prior to fulfilling 
its obligations shall be assessed a sum the Commission 
determines to be necessary to cover the costs borne by the 
Commission and remaining party states as a result of that 
withdrawal.  
 ARTICLE IX.  PENALTIES 
    a.  Each party state shall prescribe and enforce penalties 
against any person who is not an official of another state for 
violation of any provision of this compact.  
    b.  Unless otherwise authorized by the Commission pursuant 
to Article III. h. after January 1, 1986, it is a violation of 
this compact:  
    1.  For any person to deposit at a regional facility waste 
not generated within the region;  
    2.  For any regional facility to accept waste not generated 
within the region;  
    3.  For any person to export from the region waste which is 
generated within the region; or 
    4.  For any person to dispose of waste at a facility other 
than a regional facility.  
    c.  Each party state acknowledges that the receipt by a 
host state of waste packaged or transported in violation of 
applicable laws, rules and regulations may result in the 
imposition of sanctions by the host state which may include 
suspension or revocation of the violator's right of access to 
the facility in the host state.  
    d.  Each party state has the right to seek legal recourse 
against any party state which acts in violation of this compact. 
  ARTICLE X.  SEVERABILITY AND CONSTRUCTION
    The provisions of this compact shall be severable and if 
any phrase, clause, sentence or provision of this compact is 
declared by a court of competent jurisdiction to be contrary to 
the Constitution of any participating state or of the United 
States or the applicability thereof to any government, agency, 
person or circumstance is held invalid, the validity of the 
remainder of this compact and the applicability thereof to any 
government, agency, person or circumstance shall not be affected 
thereby.  If any provision of this compact shall be held 
contrary to the Constitution of any state participating therein, 
the compact shall remain in full force and effect as to the 
state affected as to all severable matters.  
    Sec. 2.  [116C.832] [DEFINITIONS.] 
    Subdivision 1.  [TERMS DEFINED IN COMPACT.] The terms 
defined in Article II of the Midwest Interstate Low-level 
Radioactive Waste Compact have the meanings given them for the 
purposes of sections 3 to 13.  
     Subd. 2.  [ADVISORY COMMITTEE.] "Advisory committee" means 
the advisory committee established under section 9.  
    Subd. 3.  [AGENCY.] "Agency" means the pollution control 
agency.  
    Subd. 4.  [COMPACT.] "Compact" means the Midwest Interstate 
Low-Level Radioactive Waste Compact.  
    Subd. 5.  [DIRECTOR.] "Director" means the director of the 
pollution control agency.  
    Subd. 6.  [INTERSTATE COMMISSION.] "Interstate commission" 
means the Midwest Interstate Low-Level Radioactive Waste 
Commission.  
    Sec. 3.  [116C.833] [COMPACT COMMISSION MEMBER.] 
    Subdivision 1.  [DIRECTOR.] The director of the pollution 
control agency shall serve as Minnesota's voting member of the 
interstate commission.  The director shall tender the state's 
membership fee to the interstate commission by August 1, 1983, 
or, if the Commission has not come into existence by August 1, 
1983, when the first meeting of the Commission is convened as 
provided in the compact.  
    Subd. 2.  [SEMI-ANNUAL REPORT.] In addition to other duties 
specified in sections 3 to 13, the director shall report 
semi-annually to the governor and the legislature concerning the 
activities of the interstate commission.  The report shall 
include any recommendations the director deems necessary to 
assure the protection of the interest of the state in the proper 
functioning of the compact.  The director also shall report to 
the governor and the legislature any time there is a change in 
the status of a host state or other party states in the compact. 
    Sec. 4.  [116C.834] [ASSESSMENT OF GENERATORS.] 
    Subdivision 1.  [COSTS.] All costs incurred by the state to 
carry out its responsibilities under the compact and under 
sections 3 to 13 shall be paid by generators of low-level 
radioactive waste in this state through fees assessed by the 
pollution control agency.  The agency shall assess the fees in 
the manner provided in section 16A.128.  Fees may be reasonably 
assessed on the basis of volume or degree of hazard of the waste 
produced by a generator.  Costs for which fees may be assessed 
include, but are not limited to:  
    (a) the state contribution required to join the compact;  
    (b) the expenses of the Commission member and costs 
incurred to support the work of the interstate commission;  
    (c) regulatory costs, including but not limited to costs of 
adopting and enforcing regulations if the state enters into a 
limited agreement with the U.S. Nuclear Regulatory Commission to 
assume state regulation of transportation and packaging, or 
disposal, of low-level radioactive wastes; and 
    (d) any liability the state may incur as a party state to 
the compact.  
    Subd. 2.  [COLLECTION AND DEPOSIT.] Fees assessed under 
subdivision 1 shall be collected by the commissioner of 
revenue.  All money received pursuant to this subdivision shall 
be deposited in the general fund.  
    Sec. 5.  [116C.835] [ENFORCEMENT OF COMPACT AND LAWS.] 
    Subdivision 1.  [CRIMINAL PENALTIES.] Any person who 
willfully or negligently violates any provision of the compact 
upon conviction is guilty of a misdemeanor, and is subject to a 
fine of not more than $2,500 in the event of a willful violation 
or not more than $300 in the event of a negligent violation.  A 
second conviction of the same provision after a first conviction 
is punishable by a fine of not more than $50,000, or by 
imprisonment for not more than two years, or both. 
    Any person who knowingly fails to provide information 
requested under section 10 or who knowingly makes any false 
statement, representation, or certification of any information 
requested under section 10 is subject to a fine of not more than 
$10,000, or imprisonment for not more than six months, or both.  
    Subd. 2.  [CIVIL PENALTIES.] Any person who violates any 
provision of the compact or of section 4 or 10 shall forfeit and 
pay to the state a penalty, in an amount to be determined by the 
court, of not more than $10,000 per day of violation.  The civil 
penalties provided in this subdivision may be recovered by a 
civil action brought by the attorney general in the name of the 
state.  
    Subd. 3.  [INJUNCTION.] Any violation of the provisions of 
the compact may be enjoined as provided by law in an action, in 
the name of the state, brought by the attorney general.  
    Subd. 4.  [ACTION TO COMPEL PERFORMANCE.] In any action to 
compel performance of an obligation created by the compact the 
court may require any person who is adjudged responsible to do 
and perform any and all acts and things within his power which 
are reasonably necessary to fullfil the obligation.  
    Subd. 5.  [RECOVERY OF LITIGATION COSTS AND EXPENSES.] In 
any action brought by the attorney general, in the name of the 
state for civil penalties, injunctive relief, or in an action to 
compel compliance, if the state prevails and if the violation 
was willful, the state, in addition to other penalties provided 
in this section, may be allowed an amount determined by the 
court to be the reasonable value of all or a part of the 
litigation expenses incurred by the state.  All amounts 
recovered by the state under the provisions of subdivisions 1 to 
5 shall be deposited in the general fund.  
    Subd. 6.  [EFFECT ON STATE.] Nothing in this section shall 
be construed to permit any action or remedy against the state 
for violation of any provision of the compact.  The sole remedy 
for such a violation is the remedy provided in Article III, 
section h.6. and Article VIII, section f. of the compact.  
    Sec. 6.  [116C.836] [ACTIONS CONCERNING INTERSTATE 
COMMISSION AND PARTY STATES.] 
    Subdivision 1.  [ENFORCEMENT OF COMMISSION DECISIONS.] A 
final decision of the interstate commission in any matter within 
its jurisdiction may be enforced by the attorney general in the 
name of the state in any court of competent jurisdiction.  
    Subd. 2.  [PROCEEDINGS AGAINST PARTY STATE OR COMMISSION.] 
The attorney general, in the name of the state, may:  
    (a) initiate a proceeding against another party state in 
the manner provided in Article III, section i.3. of the compact, 
and may appeal the decision of the interstate commission as 
provided in Article III, section o.; or 
    (b) initiate a proceeding in any court of competent 
jurisdiction to review an action or decision of the interstate 
commission, or to require the Commission to act or refrain from 
acting under the terms of the compact in any matter affecting 
the interest of the state.  
    Sec. 7.  [116C.837] [REVIEW OF STATE AUTHORITY TO ENFORCE 
COMPACT.] 
    The advisory committee shall review the authority of the 
state to enforce the compact, including the control of shipment 
of waste under Article IX, section b of the compact.  The 
governor shall report to the advisory committee any 
recommendations on possible agreement state status with the U.S. 
Nuclear Regulatory Commission in order to enforce the compact. 
The advisory committee shall recommend any legislative changes 
which it determines necessary and desirable to assure adequate 
state authority to enforce the compact.  
    Sec. 8.  [116C.838] [EFFECT ON EXISTING STATE LAW.] 
    Except as otherwise provided in section 12, subdivision 4, 
it is the intent of this state as a party to the compact to 
apply and enforce its laws and rules relating to environmental 
review, siting of facilities, and protection of the environment 
and public health with respect to the location, construction, 
and regulation of any regional low-level radioactive waste 
facility in this state.  
    Sec. 9.  [116C.839] [ADVISORY COMMITTEE.] 
    An advisory committee is created to consult with and advise 
the director, the governor, and the legislature on low-level 
radioactive waste issues.  The advisory committee shall consist 
of three representatives chosen by the speaker of the house; 
three senators chosen by the senate committee on committees; the 
director; the commissioner of health; the commissioner of 
transportation; the commissioner of department of natural 
resources; and the chairperson of the environmental quality 
board.  The committee shall elect a chairperson from among its 
members.  
    The advisory committee may appoint a technical task force 
on low-level radioactive waste, including but not limited to any 
members of the public with special expertise in low-level 
radioactive waste, state agency personnel, and generators 
representing the medical, industrial, and commercial 
organizations in the state which ship wastes to regional 
facilities.  
    Sec. 10.  [116C.84] [DUTY TO PROVIDE INFORMATION.] 
    Subdivision 1.  [REQUIRED INFORMATION.] Any generators of 
low-level radioactive waste and any person engaged in 
transporting or disposing of low-level radioactive waste, when 
requested by the agency or any member, employee, or agent 
thereof who is authorized by the agency, shall furnish 
information needed by the agency to carry out its 
responsibilities under the compact and under sections 3 to 13.  
    Subd. 2.  [CLASSIFICATION.] Except as otherwise provided in 
this subdivision, data obtained from any person pursuant to 
subdivision 1 is public data as defined in section 13.02.  Upon 
certification by the generator that the data relates to sales 
figures, processes, or methods of production unique to that 
person, or information which would tend to affect adversely the 
competitive position of that person, the agency shall classify 
the data as nonpublic data as defined in section 13.02.  The 
agency may disclose data classified as nonpublic under this 
subdivision to the interstate commission, when relevant in any 
proceeding under section 5, or when necessary to carry out its 
responsibilities under sections 3 to 13.  
    Subd. 3.  [REVIEW BY ADVISORY COMMITTEE.] When the agency 
requests information under this section, it shall notify the 
advisory committee of the types of information requested and the 
parties to whom the request was made.  The advisory committee 
may review the reasonableness of any request for information 
under this section and make recommendations to the agency.  
    Sec. 11.  [116C.841] [AUDIT REVIEW.] 
    The legislative audit commission shall review the annual 
report prepared by the interstate commission regarding its audit 
activities and the annual financial audit of the operation of 
the low-level radioactive waste facility prepared by the host 
state, and shall present their review to the director, the 
governor, the legislature, and the advisory committee.  
    Sec. 12.  [116C.842] [CONTINGENT PROVISIONS.] 
    Subdivision 1.  [REPORT.] In the event Minnesota is 
designated by the interstate commission to be a host state for a 
regional low-level radioactive waste facility, the director 
within 14 days shall report to the governor, the legislature, 
and the advisory committee with recommendations for further 
action.  
    Subd. 2.  [OPTION FOR WITHDRAWAL.] In the event Minnesota 
is designated by the interstate commission to be a host state 
for a regional low-level radioactive waste facility, the 
advisory committee shall report to the governor and the 
legislature within 30 days with its recommendations whether or 
not Minnesota should exercise its option to withdraw from the 
compact.  It is the intent of the legislature that, if the 
legislature is not or will not be in session so that action 
cannot be taken in a timely manner and if the advisory committee 
recommends withdrawal from the compact, the governor shall 
convene a special legislative session for the purpose of acting 
on the advisory committee's recommendation.  
    Subd. 3.  [DEVELOPMENT OF A SITING PROCESS.] In the event 
that Minnesota is designated by the interstate commission to be 
host state for a regional low-level radioactive waste facility, 
the agency shall develop a siting process and report to the 
governor, the advisory committee, and the legislature with 
recommendations for legislation including siting criteria, 
procedures for public participation, licensing, regulation, and 
bonding requirements.  The siting process which is recommended 
shall include bonding requirements sufficient to cover any costs 
of monitoring the facility and providing for its safety and 
security in the event that the licensee discontinues operation, 
management, or supervision of the facility for so long as the 
materials stored or treated at the facility pose a threat to the 
public health.  
    Subd. 4.  [CERTAIN LAW NOT APPLICABLE.] In the event that 
Minnesota is designated by the interstate commission to be a 
host state for a regional low-level radioactive waste facility, 
the provisions of sections 116C.71 to 116C.74 shall not apply to 
the authorization or siting of that facility, or transportation 
of wastes to that facility.  
    Sec. 13.  [116C.843] [CONGRESSIONAL CONDITIONS ON COMPACT 
CONSENT.] 
    In the event that congressional consent to the compact 
carries with it conditions that materially change the provisions 
agreed to by the party states, the state reserves the option to 
terminate further participation in the compact.  
    Sec. 14.  [APPROPRIATION.] 
    The sum of $75,000 is appropriated from the general fund 
for the biennium ending June 30, 1985, to the pollution control 
agency for the initial contribution required to join the compact 
and for other expenses made necessary by state participation in 
the compact. 
    Approved June 14, 1983