Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
CHAPTER 428-H.F.No. 2207
An act relating to the environment; adopting changes
to the Midwest Interstate Compact on Low-Level
Radioactive Waste; making conforming changes; amending
Minnesota Statutes 1994, sections 116C.831; 116C.832,
subdivision 1, and by adding a subdivision; 116C.833,
subdivision 2; 116C.834, subdivision 1, and by adding
a subdivision; 116C.835, subdivision 6; 116C.836,
subdivision 2; and 116C.842, by adding subdivisions;
proposing coding for new law in Minnesota Statutes,
chapter 116C; repealing Minnesota Statutes 1994,
sections 116C.832, subdivisions 2, 7, and 8; 116C.837;
116C.839; 116C.840, subdivision 3; 116C.841; 116C.842,
subdivisions 1, 2, and 3; 116C.845; 116C.846;
116C.847; and 116C.848.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1994, section 116C.831, is
amended to read:
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 (United States Code, title 42,
sections 2021b to 2021d 2021j), as amended through December
31, 1982 1985, has provided for and encouraged the development
of low-level radioactive waste compacts as a tool for managing
disposing of 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 disposal 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 dispose of such waste be
properly provided.
a. It is the policy of the party states to enter into a
regional low-level radioactive waste management disposal compact
for the purpose of:
1. Providing the instrument and framework for a
cooperative effort;
2. Providing sufficient facilities for the proper
management disposal 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 dispose of low-level
radioactive waste generated in the region;
5. Encouraging the source reduction of the amounts of
low-level radioactive waste generated in the region and the
environmentally sound treatment of waste that is generated to
minimize the amount of waste to be disposed of;
6. Distributing Ensuring that the costs, benefits
expenses, liabilities, and obligations of successful low-level
radioactive waste management equitably among the party states,
and among disposal are paid by generators and other persons who
use regional compact facilities to manage dispose of their
waste; and
7. Ensuring that the obligations of low-level radioactive
waste disposal that are the responsibility of the party states
are shared equitably among them;
8. Ensuring that the party states that comply with the
terms of this compact and fulfill their obligations under it
share equitably in the benefits of the successful disposal of
low-level radioactive waste; and
9. Ensuring the ecological and environmentally sound,
economical management, and secure disposal 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 closing 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. "Close," "closed," or "closing" means that the compact
facility with respect to which any of those terms is used has
ceased to accept waste for disposal. "Permanently closed" means
that the compact facility with respect to which the term is used
has ceased to accept waste because it has operated for 20 years
or a longer period of time as authorized by article VI.i. of
this compact, its capacity has been reached, the Commission has
authorized it to close pursuant to article III.h.7. of this
compact, the host state of such facility has withdrawn from the
compact or had its membership revoked, or this compact has been
dissolved.
c. "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. "Compact facility" means a waste disposal facility that
is located within the region and that is established by a party
state pursuant to the designation of that state as a host state
by the Commission.
e. "Development" includes the characterization of
potential sites for a waste disposal facility, siting of such a
facility, licensing of such a facility, and other actions taken
by a host state prior to the commencement of construction of
such a facility to fulfill its obligations as a host state.
f. "Disposal," means the isolation of waste from the
biosphere in a permanent facility designed for that purpose with
regard to low-level radioactive waste, means the permanent
isolation of that waste in accordance with the requirements
established by the United States Nuclear Regulatory Commission
or the licensing agreement state.
e. "Eligible state" means a state qualified to be a party
state to this compact as provided in article VIII.
g. "Disposal plan" means the plan adopted by the
Commission for the disposal of waste within the region.
f. h. "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 or has been used or is
being developed for the treatment, storage or disposal of
low-level radioactive waste, which is being developed for that
purpose, or upon which the construction of improvements or
installation of equipment is occurring for that purpose.
g. i. "Final decision" means a final action of the
Commission determining the legal rights, duties, or privileges
of any person. "Final decision" does not include preliminary,
procedural, or intermediate actions by the Commission, actions
regulating the internal administration of the Commission, or
actions of the Commission to enter into or refrain from entering
into contracts or agreements with vendors to provide goods or
services to the Commission.
j. "Generator" means any person who first produces or
possesses low-level radioactive waste, including, without
limitation, any person who does so in the course of or incident
to manufacturing, power generation, processing, waste treatment,
waste storage, 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. If the
person who first produced an item or quantity of waste cannot be
identified, "generator" means the person first possessing the
waste who can be identified.
h. k. "Host state" means any state which is designated by
the Commission to host a regional compact facility or has hosted
a compact facility.
l. "Long-term care" means those activities taken by a host
state after a compact facility is permanently closed to ensure
the protection of air, land, and water resources and the health
and safety of all people who may be affected by the facility.
i. m. "Low-level radioactive waste" or "waste" means
radioactive waste that is 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, (United States Code, title 42, section 2014).
j. "Management plan" means the plan adopted by the
Commission for the storage, transportation, treatment, and
disposal of waste within the region. and that is class A, B, or
C low-level radioactive waste as defined in Code of Federal
Regulations, title 10, section 61.55, as that section existed on
January 26, 1983. Low-level radioactive waste or waste does not
include any such radioactive waste that is owned or generated by
the United States Department of Energy; by the United States
Navy as a result of the decommissioning of its vessels; or as a
result of any research, development, testing, or production of
any atomic weapon.
n. "Operates," "operational," or "operating" means that
the compact facility with respect to which any of those terms is
used accepts waste for disposal.
k. o. "Party state" means any eligible state which that
enacts the this compact into law., pays any eligibility fee
established by the Commission, and has not withdrawn from this
compact or had its membership in this compact revoked, provided
that a state that has withdrawn from this compact or had its
membership revoked again becomes a party state if it is
readmitted to membership in this compact pursuant to article
VIII.a. of this compact. Party state includes any host state.
Party state also includes any statutorily created administrative
departments, agencies, or instrumentalities of a party state,
but does not include municipal corporations, regional or local
units of government, or other political subdivisions of a party
state that are responsible for governmental activities on less
than a statewide basis.
l. p. "Person" means any individual,
corporation, association, business enterprise or other legal
entity either public or private and any legal successor,
representative, agent, or agency of that individual,
corporation, association, business enterprise, or other legal
entity. Person also includes the United States, states,
political subdivisions of states, and any department, agency, or
instrumentality of the United States or a state.
m. q. "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. r. "Site" means the geographic location of a facility.
p. s. "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. t. "Storage" means the temporary holding of waste for
treatment or disposal.
r. u. "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. v. "Waste management," "manage waste," "management of
waste," "management," or "managed" 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
Except as otherwise specifically provided in this compact, an
action of the Commission is binding unless if a majority of the
total membership cast their casts its vote in the affirmative.
A party state may direct its member or alternate member of the
Commission how to vote or not vote on matters before the
Commission.
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 for the use
of binding arbitration under article VI.o. of this compact and
procedures which substantially conform with the provisions
of the federal law on Administrative Procedure Act compiled at
United States Code, title 5, sections 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 any other
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 have the responsibilities and
authority delegated to it by the Commission in its bylaws. 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 do any or all of the following:
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. 2. Review the any emergency closure closing of
a regional compact facility, determine the appropriateness of
that closure closing, and take whatever lawful actions are
necessary to ensure that the interests of the region are
protected.
5. 3. 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.
4. Approve the disposal of naturally occurring and
accelerator produced radioactive material at a compact
facility. The Commission shall not approve the acceptance of
such material without first making an explicit determination of
the effect of the new waste stream on the compact facility's
maximum capacity. Such approval requires the affirmative vote
of a majority of the Commission, including the affirmative vote
of the member from the host state of the compact facility that
would accept the material for disposal. Any such host state
may, at any time, rescind its vote granting the approval and,
thereafter, additional naturally occurring and accelerator
produced radioactive material shall not be disposed of at a
compact facility unless the disposal is again approved. All
provisions of this compact apply to the disposal of naturally
occurring and accelerator produced radioactive material that has
been approved for disposal at a compact waste facility pursuant
to article III.h.4. of this compact.
5. Enter into contracts in order to perform its duties and
functions as provided in this compact.
6. When approved by the Commission, with the member from
each host state in which an affected compact facility is
operating or being developed or constructed voting in the
affirmative, enter into agreements to do any of the following:
a. Import for disposal within the region, waste generated
outside the region.
b. Export for disposal outside the region, waste generated
inside the region.
c. Dispose of waste generated within the region at a
facility within the region that is not a compact facility.
7. Authorize a host state to permanently close a compact
facility located within its borders earlier than otherwise would
be required by article VI.i. of this compact. Such a closing
requires the affirmative vote of a majority of the Commission,
including the affirmative vote of the member from the state in
which the affected compact facility is located.
i. The Commission shall do all of the following:
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. 2. Adopt and amend, by a two-thirds vote of the
membership, in accordance with the procedures and criteria
developed pursuant to article IV of this compact, a
regional management disposal plan which designates host states
for the establishment of needed regional compact facilities.
5. 3. Adopt an annual budget.
4. Establish and implement a procedure for determining the
capacity of a compact facility. The capacity of a compact
facility shall be established as soon as reasonably practical
after the host state of the facility is designated and shall not
be changed thereafter without the consent of the host state.
The capacity of a compact facility shall be based on the
projected volume, radioactive characteristics, or both, of the
waste to be disposed of at the facility during the period set
forth in article VI.i. of this compact.
5. Provide a host state with funds necessary to pay
reasonable development expenses incurred by the host state after
it is designated to host a compact facility.
6. Establish and implement procedures for making payments
from the remedial action fund provided for in article III.p. of
this compact.
7. Establish and implement procedures to investigate any
complaint joined in by two or more party states regarding
another party state's performance of its obligations under this
compact.
8. Adopt policies promoting source reduction and the
environmentally sound treatment of waste in order to minimize
the amount of waste to be disposed of at compact facilities.
9. Establish and implement procedures for obtaining
information from generators regarding the volume and
characteristics of waste projected to be disposed of at compact
facilities and regarding generator activities with respect to
source reduction, recycling, and treatment of waste.
10. Prepare annual reports regarding the volume and
characteristics of waste projected to be disposed of at compact
facilities.
j. Funding of the budget of for 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: When no compact facility is
operating, the Commission may assess fees to be collected from
generators of waste in the region. The fees shall be reasonable
and equitable. The Commission shall establish and implement
procedures for assessing and collecting the fees. The
procedures may allow the assessing of fees against less than all
generators of waste in the region; provided that if fees are
assessed against less than all generators of waste in the
region, generators paying the fees shall be reimbursed the
amount of the fees, with reasonable interest, out of the
revenues of operating compact facilities.
2. When a compact facility is operating, funding for the
Commission shall be provided through a surcharge collected by
the host state as part of the fee system provided for in article
VI.j. The surcharge to be collected by the host state shall be
determined by the Commission and shall be reasonable and
equitable.
3. In the aggregate, the fees or surcharges, as the case
may be, shall be no more than is necessary to:
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. Provide a host
state with the funds necessary to pay reasonable development
expenses incurred by the host state after it is designated to
host a compact facility;
c. Provide money for deposit in the remedial action fund
established pursuant to article III.p. of this compact; and
d. Provide money to be added to an inadequately funded
long-term care fund as provided in article VI.o. of this compact.
k. The Commission shall keep accurate accounts of all
receipts and disbursements Financial statements of the
Commission shall be prepared according to generally accepted
accounting principles. The Commission shall contract with an
independent certified public accountant to annually audit all
receipts and disbursements of Commission funds, its financial
statements 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 article III of this article compact.
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 and its employees 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. The Commission is not liable or otherwise responsible
for any costs, expenses, or liabilities resulting from the
development, construction, operation, regulation, closing, or
long-term care of any compact facility or any noncompact
facility made available to the region by any contract or
agreement entered into by the Commission under article III.h.6.
of this compact. Nothing in article III.m. of this compact
relieves the Commission of its allegations under article III of
this compact or under contracts to which it is a party. Any
liabilities of the Commission are not liabilities of the party
states.
n. Final decisions of the Commission shall be made, and
shall be subject to judicial review, in accordance with all of
the following conditions:
1. Every final decision shall be made at an open meeting
of the Commission. Before making a final decision, the
Commission shall provide an opportunity for public comment on
the matter to be decided. Each final decision shall be reduced
to writing and shall set forth the Commission's reasons for
making the decision.
2. Before making a final decision, the Commission may
conduct an adjudicatory hearing on the proposed decision.
3. Judicial review of a final decision shall be initiated
by filing a petition in the United States district court for the
district in which the person seeking the review resides or in
which the Commission's office is located not later than 60 days
after issuance of the Commission's written decision.
Concurrently with filing the petition for review with the court,
the petitioner shall serve a copy of the petition on the
Commission. Within five days after receiving a copy of the
petition, the Commission shall mail a copy of it to each party
state and to all other persons who have notified the Commission
of their desire to receive copies of such petitions. Any
failure of the Commission to so mail copies of the petition does
not affect the jurisdiction of the reviewing court. Except as
otherwise provided in article III.n.3. of this compact, standing
to obtain judicial review of final decisions of the Commission
and the form and scope of the review are subject to and governed
by United States Code, title 5, section 706.
4. If a party state seeks judicial review of a final
decision of the Commission that does any of the following, the
facts shall be subject to trial de novo by the reviewing court
unless trial de novo of the facts is affirmatively waived in
writing by the party state:
a. Imposes financial penalties on a party state;
b. Suspends the right of a party state to have waste
generated within its borders disposed of at a compact facility
or at a noncompact facility made available to the region by an
agreement entered into by the Commission under article III.h.6.
of this compact;
c. Terminates the designation of a party state as a host
state;
d. Revokes the membership of a party state in this
compact; or
e. Establishes the amounts of money that a party state
that has withdrawn from this compact or had its membership in
this compact revoked is required to pay under article VIII.e. of
this compact.
Any such trial de novo of the facts shall be governed by
the Federal Rules of Civil Procedure and the Federal Rules of
Evidence.
5. Preliminary, procedural, or intermediate actions by the
Commission that precede a final decision are subject to review
only in conjunction with review of the final decision.
6. Except as provided in article III.n.5. of this compact,
actions of the Commission that are not final decisions are not
subject to judicial review.
o. Unless approved by a majority of the Commission, with
the member from each host state in which an affected compact
facility is operating or is being developed or constructed
voting in the affirmative, no person shall do any of the
following:
1. Import waste generated outside the region for
management within the region;
2. Export waste generated within the region for disposal
outside the region;
3. Manage waste generated outside the region at a facility
within the region;
4. Dispose of waste generated within the region at a
facility within the region that is not a compact facility.
p. The Commission shall establish a remedial action fund
to pay the costs of reasonable remedial actions taken by a party
state if an event results from the development, construction,
operation, closing, or long-term care of a compact facility that
poses a threat to human health, safety, or welfare or to the
environment. The amount of the remedial action fund shall be
adequate to pay the costs of all reasonably foreseeable remedial
actions. A party state shall notify the Commission as soon as
reasonably practical after the occurrence of any event that may
require the party state to take a remedial action. The failure
of a party state to so notify the Commission does not limit the
rights of the party state under article III.p. of this compact.
If the moneys in the remedial action fund are inadequate to
pay the costs of reasonable remedial actions, the amount of the
deficiency is a liability with respect to which generators shall
provide indemnification under article VII.g. of this compact.
Generators who provide the required indemnification have the
rights of contribution provided in article VII.g. of this
compact. Article III.p. of this compact applies to any remedial
action taken by a party state regardless of whether the party
state takes the remedial action on its own initiative or because
it is required to do so by a court or regulatory agency of
competent jurisdiction.
q. If the Commission makes payment from the remedial
action fund provided for in article III.p. of this compact, the
Commission is entitled to obtain reimbursement under applicable
rules of law from any person who is responsible for the event
giving rise to the remedial action. Such reimbursement may be
obtained from a party state only if the event giving rise to the
remedial action resulted from the activities of that party state
as a generator of waste.
r. If this compact is dissolved, all moneys held by the
Commission shall be used first to pay for any ongoing or
reasonably anticipated remedial actions. Any remaining moneys
shall be distributed in a fair and equitable manner to those
party states that have operating or closed compact facilities
within their borders and shall be added to the long-term care
funds maintained by those party states.
ARTICLE IV. REGIONAL MANAGEMENT DISPOSAL PLAN
The Commission shall adopt and periodically update a
regional management disposal plan designed to ensure the safe
and efficient management disposal of waste generated within the
region. In adopting a regional waste management disposal plan,
the Commission shall do all of the following:
a. Adopt procedures for determining, consistent with
considerations for public health and safety, the type and number
of regional compact facilities which are presently necessary and
which are projected to be necessary to manage dispose of 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 compact
facility. In developing these criteria, the Commission shall
consider all of the following;:
l. The health, safety, and welfare of the citizens of the
party states.;
2. The existence of regional compact facilities within
each party state.;
3. The minimization of waste transportation.;
4. The volumes and types of wastes projected to be
generated within each party state.;
5. The environmental, economic, and ecological impacts on
the air, land and water resources of the party states;
6. The economic impacts on the party states.
d. c. 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 compact facility;
e. d. Prepare a draft management disposal plan and any
update thereof, 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 or update of the
management disposal plan. The management disposal plan and
any update thereof 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. Except for waste attributable to radioactive material
or waste imported into the region in order to render the
material or waste amenable to transportation, storage, disposal,
or recovery, or in order to convert the waste or material to
another usable material, or to reduce it in volume or otherwise
treat it, each party state has the right to have all wastes
generated within its borders managed disposed of at regional
compact facilities subject to the payment of all fees
established by the host state under article VI.j. of this
compact and to the provisions contained in article articles
VI.l., VI.s., VIII.d., IX.cd., and X of this compact. 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.h.6. of this compact, subject
to the provisions of articles VI.l., VI.s., VIII.d., and X of
this compact.
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. If a party state's right to have waste generated within
its borders disposed of at compact facilities, or at any
noncompact facility made available to the region by an agreement
entered into by the Commission under article III.h.6. of this
compact, is suspended, no waste generated within its borders by
any person shall be disposed of at any such facility during the
period of the suspension.
d. To the extent permitted by federal law, each party
state may enforce any applicable federal and state laws,
regulations and rules pertaining to the packaging and
transportation of waste generated within or passing through its
borders. Nothing in this section shall be construed to require
a party state to enter into any agreement with the U.S. Nuclear
Regulatory Commission.
e. Each party state shall provide to the Commission any
data and information the Commission requires to implement its
responsibilities. Each party state shall establish the
capability to obtain any data and information required by the
Commission.
f. If, notwithstanding the sovereign immunity provision in
article VII.f.1. of this compact and the indemnification
provided for in articles III.p., VI.o., and VII.g. of this
compact, a party state incurs a cost as a result of an
inadequate remedial action fund or an exhausted long-term care
fund, or incurs a liability as a result of an action described
in article VII.f.1. of this compact and not described in article
VII.f.2. of this compact, the cost or liability shall be the pro
rata obligation of each party state and each state that has
withdrawn from this compact or had its membership in this
compact revoked. The Commission shall determine each state's
pro rata obligation in a fair and equitable manner based on the
amount of waste from each such state that has been or is
projected to be disposed of at the compact facility with respect
to which the cost or liability to be shared was incurred. No
state shall be obligated to pay the pro rata obligation of any
other state.
The pro rata obligations provided for in article V.f. of
this compact do not result in the creation of state debt.
Rather, the pro rata obligations are contractual obligations
that shall be enforced by only the Commission or an affected
party state.
g. If the party states make payment pursuant to article
V.f. of this compact, the surcharge or fee provided for in
article III.j. of this compact shall be used to collect the
funds necessary to reimburse the party states for those
payments. The Commission shall determine the time period over
which reimbursement shall take place.
ARTICLE VI. DEVELOPMENT AND, OPERATION, AND CLOSING
OF COMPACT 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 not all regional compact facilities required by the
regional management disposal plan are not developed pursuant to
section a., or upon notification that an existing regional
facility will be closed article VI.a. of this compact, the
Commission may designate a host state.
c. Each party After a state is designated as a host state
by the Commission, it 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. the timely development and
operation of the compact facility it is designated to host. The
development and operation of the compact facility shall not
conflict with applicable federal and host state laws, rules, and
regulations, provided that the laws, rules, and regulations of a
host state and its political subdivisions shall not prevent, nor
shall they be applied so as to prevent, the host state's
discharge of the obligation set forth in article VI.c. of this
compact. The obligation set forth in article VI.c. of this
compact is contingent upon the discharge by the Commission of
its obligation set forth in article III.i.5. of this compact.
d. If a party state designated as a host state fails to
discharge the obligations imposed upon it by article VI.c. of
this compact, its host state designation may be terminated by a
two-thirds vote of the Commission with the member from the host
state of any then operating compact facility voting in the
affirmative. A party state whose host state designation has
been terminated has failed to fulfill its obligations as a host
state and is subject to the provisions of article VIII.d. of
this compact.
e. 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. Except as set forth in article VI.d. of
this compact, the Commission may relieve a party state of this
its responsibility only upon a showing by the requesting party
state that, based upon criteria established by the Commission
that are consistent with any applicable federal criteria, no
feasible potential regional compact facility site of the type it
is designated to host exists within its borders. A party state
relieved of its host state responsibility shall repay to the
Commission any funds provided to that state by the Commission
for the development of a compact facility, and also shall pay to
the Commission the amount the Commission determines is necessary
to ensure that the Commission and the other party states do not
incur financial loss as a result of the state being relieved of
its host state responsibility. Any funds so paid to the
Commission with respect to the financial loss of the other party
states shall be distributed forthwith by the Commission to the
party states that would otherwise incur the loss. In addition,
until the state relieved of its responsibility is again
designated as a host state and a compact facility located in
that state begins operating, it shall annually pay to the
Commission, for deposit in the remedial action fund, an amount
the Commission determines is fair and equitable in light of the
fact the state has been relieved of the responsibility to host a
compact facility, but continues to enjoy the benefits of being a
member of this compact.
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. The host state shall select the technology for the
compact facility. If requested by the Commission, information
regarding the technology selected by the host state shall be
submitted to the Commission for its review. The Commission may
require the host state to make changes in the technology
selected by the host state if the Commission demonstrates that
the changes do not decrease the protection of air, land, and
water resources and the health and safety of all people who may
be affected by the facility. If requested by the host state,
any Commission decision requiring the host state to make changes
in the technology shall be preceded by an adjudicatory hearing
in which the Commission shall have the burden of proof.
g. A host state may assign to a private contractor the
responsibility, in whole or in part, to develop, construct,
operate, close, or provide long-term care for a compact
facility. Assignment of such responsibility by a host state to
a private contractor does not relieve the host state of any
responsibility imposed upon it by this compact. A host state
may secure indemnification from the contractor for any costs,
liabilities, and expenses incurred by the host state resulting
from the development, construction, operation, closing, or
long-term care of a compact facility.
f. h. 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 long-term 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 shall accept waste for disposal for a
period of 20 years from the date the compact facility in the
host state becomes operational, or until its capacity has been
reached, whichever occurs first. At any time before the compact
facility closes, the host state and the Commission may enter
into an agreement to extend the period during which the host
state is required to accept such waste or to increase the
capacity of the compact facility. Except as specifically
authorized by article VI.l.4. of this compact, the 20-year
period shall not be extended, and the capacity of the facility
shall not be increased, without the consent of the affected host
state and the Commission.
j. A host state may shall establish a fee system for
of fees to be collected from the users of any regional compact
facility within its borders. The fee system, and the costs paid
through the system, shall be reasonable and equitable. This The
fee system shall be subject to the Commission's approval. The
fee system shall provide the host state with sufficient revenue
to cover any pay costs associated with the compact facility,
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 operation, closing,
long-term care, debt service, legal costs, local impact
assistance, and local financial incentives. The fee system also
shall be used to collect the surcharge provided in article
III.j.2. of this compact. The fee system may shall include
incentives for source reduction and may shall be based on the
hazard of the waste as well as the volume.
j. k. A host state shall ensure that a regional compact
facility located within its borders which that 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 cared for so as to ensure
protection of air, land, and water resources and the health and
safety of all people who may be affected by the facility.
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.
l. The development of subsequent compact facilities shall
be as follows:
1. No compact facility shall begin operating until the
Commission designates the host state of the next compact
facility.
2. The following actions shall be taken by the state
designated to host the next compact facility within the
specified number of years after the compact facility it is
intended to replace begins operation:
a. Within three years, enact legislation providing for the
development of the next compact facility;
b. Within seven years, initiate site characterization
investigations and tests to determine licensing suitability for
the next compact facility; and
c. Within 11 years, submit a license application for the
next compact facility that the responsible licensing authority
deems complete.
If a host state fails to take any of these actions within
the specified time, all waste generated by any person within
that state shall be denied access to the then operating compact
facility, and to any noncompact facility made available to the
region by any agreement entered into by the Commission pursuant
to article III.h.6. of this compact, until the action is taken.
Denial of access may be rescinded by the Commission, with the
member from the host state of the then operating compact
facility voting in the affirmative. A host state that fails to
take any of these actions within the specified time has failed
to fulfill its obligations as a host state and is subject to the
provisions of articles VI.d. and VIII.d. of this compact.
3. Within 14 years after any compact facility begins
operating, the state designated to host the next compact
facility shall have obtained a license from the responsible
licensing authority to construct and operate the compact
facility the state has been designated to host. If the license
is not obtained within the specified time, all waste generated
by any person within the state designated to host the next
compact facility shall be denied access to the then operating
compact facility, and to any noncompact facility made available
to the region by any agreement entered into by the Commission
pursuant to article III.h.6. of this compact, until the license
is obtained. The state designated to host the next compact
facility shall have failed in its obligations as a host state
and shall be subject to articles VI.d. and VIII.d. of this
compact. In addition, at the sole option of the host state of
the then operating compact facility, all waste generated by any
person within any party state that has not fully discharged its
obligations under article VI.i. of this compact, shall be denied
access to the then operating compact facility, and to any
noncompact facility made available to the region by any
agreement entered into by the Commission pursuant to article
III.h.6. of this compact, until the license is obtained. Denial
of access may be rescinded by the Commission, with the member
from the host state of the then operating compact facility
voting in the affirmative.
4. If, 20 years after a compact facility begins operating,
the next compact facility is not ready to begin operating, the
state designated to host the next compact facility shall have
failed in its obligation as a host state and shall be subject to
articles VI.d. and VIII.d. of this compact. If, at the time the
capacity of the then operating compact facility has been
reached, or 20 years after the facility began operating,
whichever occurs first, the next compact facility is not ready
to begin operating, the host state of the then operating compact
facility, without the consent of any other party state or the
Commission, may continue to operate the facility until a compact
facility in the next host state is ready to begin operating.
During any such period of continued operation of a compact
facility, all waste generated by any person within the state
designated to host the next compact facility shall be denied
access to the then operating compact facility and to any
noncompact facility made available to the region by any
agreement entered into by the Commission pursuant to article
III.h.6. of this compact. In addition, during such period, at
the sole option of the host state of the then operating compact
facility, all waste generated by any person within any party
state that has not fully discharged its obligations under
article VI.i. of this compact, shall be denied access to the
then operating compact facility and to any noncompact facility
made available to the region by any agreement entered into by
the Commission pursuant to article III.h.6. of this compact.
Denial of access may be rescinded by the Commission, with the
member from the host state of the then operating compact
facility voting in the affirmative. The provisions of article
VI.l.4. of this compact, shall not apply if their application is
inconsistent with an agreement between the host state of the
then operating compact facility and the Commission as authorized
in article VI.i. of this compact, or inconsistent with article
VI.p. or q. of this compact.
5. During any period that access is denied for waste
disposal pursuant to article VI.l.2., 3., or 4. of this compact,
the party state designated to host the next compact disposal
facility shall pay to the host state of the then operating
compact facility an amount the Commission determines is
reasonably necessary to ensure that the host state, or any
agency or political subdivision thereof, does not incur
financial loss as a result of the denial of access.
6. The Commission may modify any of the requirements
contained in articles VI.l.2. and 3. of this compact, if it
finds that circumstances have changed so that the requirements
are unworkable or unnecessarily rigid or no longer serve to
ensure the timely development of a compact facility. The
Commission may adopt such a finding by a two-thirds vote, with
the member from the host state of the then operating compact
facility voting in the affirmative.
m. This section compact shall not prevent an emergency
closing of a regional compact facility by a host state to
protect its air, land and water resources and the health and
safety of its citizens all people who may be affected by the
facility. However, A host state which that has an emergency
closing of a regional compact 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.
n. A party state that has fully discharged its obligations
under article VI.i. of this compact, shall not again be
designated a host state of a compact facility without its
consent until each party state has been designated to host a
compact facility and has fully discharged its obligations under
article VI.i. of this compact, or has been relieved under
article VI.e. of this compact, of its responsibility to serve as
a host state.
o. Each host state of a compact facility shall establish a
long-term care fund to pay for monitoring, security,
maintenance, and repair of the facility after it is permanently
closed. The expenses of administering the long-term care fund
shall be paid out of the fund. The fee system established by
the host state that establishes a long-term care fund shall be
used to collect moneys in amounts that are adequate to pay for
all long-term care of the compact facility. The moneys shall be
deposited into the long-term care fund. Except where the matter
is resolved through arbitration, the amount to be collected
through the fee system for deposit into the fund shall be
determined through an agreement between the Commission and the
host state establishing the fund. Not less than three years,
nor more than five years, before the compact facility it is
designated to host is scheduled to begin operating, the host
state shall propose to the Commission the amount to be collected
through the fee system for deposit into the fund. If, 180 days
after such proposal is made to the Commission, the host state
and the Commission have not agreed, either the Commission or the
host state may require the matter to be decided through binding
arbitration. The method of administration of the fund shall be
determined by the host state establishing the long-term care
fund, provided that moneys in the fund shall be used only for
the purposes set forth in article VI.o. of this compact, and
shall be invested in accordance with the standards applicable to
trustees under the laws of the host state establishing the
fund. If, after a compact facility is closed, the Commission
determines the long-term care fund established with respect to
that facility is not adequate to pay for all long-term care for
that facility, the Commission shall collect and pay over to the
host state of the closed facility, for deposit into the
long-term care fund, an amount determined by the Commission to
be necessary to make the amount in the fund adequate to pay for
all long-term care of the facility. If a long-term care fund is
exhausted and long-term care expenses for the facility with
respect to which the fund was created have been reasonably
incurred by the host state of the facility, those expenses are a
liability with respect to which generators shall provide
indemnification as provided in article VII.g. of this compact.
Generators that provide indemnification shall have contribution
rights as provided in article VII.g. of this compact.
p. A host state that withdraws from the compact or has its
membership revoked shall immediately and permanently close any
compact facility located within its borders, except that the
Commission and a host state may enter into an agreement under
which the host state may continue to operate, as a noncompact
facility, a facility within its borders that, before the host
state withdrew or had its membership revoked, was a compact
facility.
q. If this compact is dissolved, the host state of any
then operating compact facility shall immediately and
permanently close the facility, provided that a host state may
continue to operate a compact facility or resume operating a
previously closed compact facility, as a noncompact facility,
subject to all of the following requirements:
1. The host state shall pay to the other party states the
portion of the funds provided to that state by the Commission
for the development, construction, operation, closing, or
long-term care of a compact facility that is fair and equitable,
taking into consideration the period of time the compact
facility located in that state was in operation and the amount
of waste disposed of at the facility, provided that a host state
that has fully discharged its obligations under article VI.i. of
this compact shall not be required to make such payment;
2. The host state shall physically segregate waste
disposed of at the facility after this compact is dissolved from
waste disposed of at the facility before this compact is
dissolved;
3. The host state shall indemnify and hold harmless the
other party states from all costs, liabilities, and expenses,
including reasonable attorneys' fees and expenses, caused by
operating the facility after this compact is dissolved, provided
that this indemnification and hold harmless obligation shall not
apply to costs, liabilities, and expenses resulting from the
activities of a host state as a generator of waste;
4. Moneys in the long-term care fund established by the
host state that are attributable to the operation of the
facility before this compact is dissolved, and investment
earnings thereon, shall be used only to pay the cost of
monitoring, securing, maintaining, or repairing that portion of
the facility used for the disposal of waste before this compact
is dissolved. Such moneys and investment earnings, and any
moneys added to the long-term care fund through a distribution
authorized by article III.r. of this compact, also may be used
to pay the cost of any remedial action made necessary by an
event resulting from the disposal of waste at the facility
before this compact is dissolved.
r. Financial statements of a compact facility shall be
prepared according to generally accepted accounting principles.
The Commission may require the financial statements to be
audited on an annual basis by a firm of certified public
accountants selected and paid by the Commission.
s. Waste may be accepted for disposal at a compact
facility only if the generator of the waste has signed, and
there is on file with the Commission, an agreement to provide
indemnification to a party state, or employee of that state, for
all of the following:
1. Any cost of a remedial action described in article
III.p. of this compact, that, due to inadequacy of the remedial
action fund, is not paid as set forth in that provision;
2. Any expense for long-term care described in article
VI.o. of this compact, that, due to exhaustion of the long-term
care fund, is not paid as set forth in that provision;
3. Any liability for damages to persons, property, or the
environment incurred by a party state, or employee of that state
while acting within the scope of employment, resulting from the
development, construction, operation, regulation, closing, or
long-term care of a compact facility, or any noncompact facility
made available to the region by any agreement entered into by
the Commission pursuant to article III.h.6. of this compact, or
any other matter arising from this compact. The agreement also
shall require generators to indemnify the party state or
employee against all reasonable attorney's fees and expenses
incurred in defending any action for such damages. This
indemnification shall not extend to liability based on any of
the following:
a. The activities of the party states as generators of
waste;
b. The obligations of the party states to each other and
the Commission imposed by this compact or other contracts
related to the disposal of waste under this compact; or
c. Activities of a host state or employees thereof that
are grossly negligent or willful and wanton.
The agreement shall provide that the indemnification
obligation of generators shall be joint and several, except that
the indemnification obligation of the party states with respect
to their activities as generators of waste shall not be joint
and several, but instead shall be prorated according to the
amount of waste that each state had disposed of at the compact
facility giving rise to the liability. Such proration shall be
calculated as of the date of the event giving rise to the
liability. The agreement shall be in a form approved by the
Commission with the member from the host state of any then
operating compact facility voting in the affirmative. Among
generators there shall be rights of contribution based on
equitable principles, and generators shall have rights of
contribution against any other person responsible for such
damages under common law, statute, rule, or regulation, provided
that a party state that through its own activities did not
generate any waste disposed of at the compact facility giving
rise to the liability, an employee of such a party state, and
the Commission shall have no such contribution obligation. The
Commission may waive the requirement that the party state sign
and file such an indemnification agreement as a condition to
being able to dispose of waste generated as a result of the
party state's activities. Such a waiver shall not relieve a
party state of the indemnification obligation imposed by article
VII.g. of this compact.
ARTICLE VII. OTHER LAWS AND REGULATIONS
a. Nothing in this compact:
1. Abrogates or limits the applicability of any act of the
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 generator from storing or
treatment of waste by the generator treating, on its own
premises, waste generated by it within the region;
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 (United
States Code, title 42, section 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; or
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 Limits,
expands, or otherwise affects the authority of a state to
regulate low-level radioactive waste classified by any agency of
the United States government as "below regulatory concern" or
otherwise exempt from federal regulation.
b. For purposes of this compact, all state laws or parts
of laws in conflict If a court of the United States finally
determines that a law of a party state conflicts with this
compact are hereby superseded, this compact shall prevail to the
extent of the conflict. The Commission shall not commence an
action seeking such a judicial determination unless commencement
of the action is approved by a two-thirds vote of the membership
of the Commission.
c. Except as authorized by this compact, 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.
d. Except as provided in articles III.m. and VII.f. of
this compact, no provision of this compact shall be construed to
eliminate or reduce in any way the liability or responsibility,
whether arising under common law, statute, rule, or regulation,
of any person for penalties, fines, or damages to persons,
property, or the environment resulting from the development,
construction, operation, closing, or long-term care of a compact
facility, or any noncompact facility made available to the
region by any agreement entered into by the Commission pursuant
to article III.h.6. of this compact, or any other matter arising
from this compact. The provisions of this compact shall not
alter otherwise applicable laws relating to compensation of
employees for workplace injuries.
e. Except as provided in United States Code, title 28,
section 1251(a), the district courts of the United States have
exclusive jurisdiction to decide cases arising under this
compact. Article VII.e. of this compact does not apply to
proceedings within the jurisdiction of state or federal
regulatory agencies nor to judicial review of proceedings before
state or federal regulatory agencies. Article VII.e. of this
compact shall not be construed to diminish other laws of the
United States conferring jurisdiction on the courts of the
United States.
f. For the purposes of activities pursuant to this
compact, the sovereign immunity of party states and employees of
party states shall be as follows:
1. A party state or employee thereof, while acting within
the scope of employment, shall not be subject to suit or held
liable for damages to persons, property, or the environment
resulting from the development, construction, operation,
regulation, closing, or long-term care of a compact facility, or
any noncompact facility made available to the region by any
agreement entered into by the Commission pursuant to article
III.h.6. of this compact. This applies whether the claimed
liability of the party state or employee is based on common law,
statute, rule, or regulation.
2. The sovereign immunity granted in article VII.f.1. of
this compact, does not apply to any of the following:
a. Actions based upon the activities of the party states
as generators of waste. With regard to those actions, the
sovereign immunity of the party states shall not be affected by
this compact.
b. Actions based on the obligations of the party states to
each other and the Commission imposed by this compact, or other
contracts related to the disposal of waste under this compact.
With regard to those actions, the party states shall have no
sovereign immunity.
c. Actions against a host state, or employee thereof, when
the host state or employee acted in a grossly negligent or
willful and wanton manner.
g. If in any action described in article VII.f.1., and not
described in article VII.f.2. of this compact, it is determined
that, notwithstanding article VII.f.1. of this compact, a party
state, or employee of that state who acted within the scope of
employment, is liable for damages or has liability for other
matters arising under this compact as described in article
VI.s.3. of this compact, the generators who caused waste to be
placed at the compact facility with respect to which the
liability was incurred shall indemnify the party state or
employee against that liability. Those generators also shall
indemnify the party state or employee against all reasonable
attorney's fees and expenses incurred in defending against any
such action. The indemnification obligation of generators under
article VII.g. of this compact, shall be joint and several,
except that the indemnification obligation of party states with
respect to their activities as generators of waste shall not be
joint and several, but instead shall be prorated according to
the amount of waste each state has disposed of at the compact
facility giving rise to the liability. Among generators, there
shall be rights of contribution based upon equitable principles,
and generators shall have rights of contribution against any
other person responsible for such damages under common law,
statute, rule, or regulation. A party state that through its
own activities did not generate any waste disposed of at the
compact facility giving rise to the liability, an employee of
such a party state, and the Commission shall have no
contribution obligation under article VII.g. of this compact.
Article VII.g. of this compact shall not be construed as a
waiver of the sovereign immunity provided for in article
VII.f.1. of this compact.
h. The sovereign immunity of a party state provided for in
article VII.f.1. of this compact, shall not be extended to any
private contractor assigned responsibilities as authorized in
article VI.g. of this compact.
ARTICLE VIII. ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION,
SUSPENSION OF ACCESS, ENTRY INTO FORCE, AND 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 to be eligible for
membership in the compact. 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 the member
from each host states state in which a compact facility is
operating or being developed or constructed. 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 when the
state enacts this compact into law and pays the eligibility fee
established by the Commission.
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. b. 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 c. A party state that has fully discharged its
obligations under article VI.i. of this compact, or has been
relieved under article VI.e. of this compact, of its
responsibilities to serve as a host 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 and by receiving the unanimous consent of the Commission.
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. takes effect on
the date specified in the Commission resolution consenting to
withdrawal. All legal rights of the withdrawn state established
under this compact, including, but not limited to, the right to
have waste generated within its borders disposed of at compact
facilities, cease upon the effective date of withdrawal, but any
legal obligations of that party state under this compact,
including, but not limited to, those set forth in article
VIII.e. of this compact, continue until they are fulfilled.
f. d. Any party state which that fails to comply with the
terms of this compact or fails to fulfill its obligations may
have its privileges reasonable financial penalties imposed
against it, the right to have waste generated within its borders
disposed of at compact facilities, or any noncompact facility
made available to the region by any agreement entered into by
the Commission pursuant to article III.h.6. of this compact,
suspended, or its membership in the compact revoked by the
Commission in accordance with article III.h.6 a two-thirds vote
of the Commission, provided that the membership of the party
state designated to host the next compact facility shall not be
revoked unless the member from the host state of any then
operating compact facility votes in the affirmative. Revocation
takes effect one year from on the date the affected party state
receives written notice from the Commission of its
action specified in the resolution revoking the party state's
membership. All legal rights of the affected revoked party
state established under this compact, including, but not limited
to, the right to have waste generated within its borders
disposed of at compact facilities, cease upon the effective date
of revocation, but any legal obligations of that party
state arising prior to revocation under this compact, including,
but not limited to, those set forth in article VIII.e. of this
compact, 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, suspension of a party
state's waste disposal rights, or imposition of financial
penalties immediately following the vote of the Commission to
the governor of the affected party state, all other governors of
all the other party states, and the Congress of the United
States.
e. A party state that withdraws from this compact or has
its membership in the compact revoked before it has fully
discharged its obligations under article VI of this compact
forthwith shall repay to the Commission the portion of the funds
provided to that state by the Commission for the development,
construction, operation, closing, or long-term care of a compact
facility that the Commission determines is fair and equitable,
taking into consideration the period of time the compact
facility located in that host state was in operation and the
amount of waste disposed of at the facility. If at any time
after a compact facility begins operating, a party state
withdraws from the compact or has its membership revoked, the
withdrawing or revoked party state shall be obligated forthwith
to pay to the Commission the amount the Commission determines
would have been paid under the fee system established by the
host state of the facility to dispose of at the facility the
estimated volume of waste generated in the withdrawing or
revoked party state that would have been disposed of at the
facility from the time of withdrawal or revocation until the
time the facility is closed. Any funds so paid to the
Commission shall be distributed by the Commission to the persons
who would have been entitled to receive the funds had they
originally been paid to dispose of waste at the facility. Any
person receiving such funds from the Commission shall apply the
funds to the purposes to which they would have been applied had
they originally been paid to dispose of waste at the compact
facility. In addition, a withdrawing or revoked party state
forthwith shall pay to the Commission an amount the Commission
determines to be necessary to cover all other costs and damages
incurred by the Commission and the remaining party states as a
result of the withdrawal or revocation. The intention of
article VIII.e. of this compact is to eliminate any decrease in
revenue resulting from withdrawal of a party state or revocation
of a party state's membership, to eliminate financial harm to
the remaining party states, and to create an incentive for party
states to continue as members of the compact and to fulfill
their obligations. Article VIII.e. of this compact shall be
construed and applied so as to effectuate this intention.
f. Any party state whose right to have waste generated
within its borders disposed of at compact facilities is
suspended by the Commission shall pay to the host state of the
compact facility to which access has been suspended the amount
the Commission determines is reasonably necessary to ensure that
the host state, or any political subdivision thereof, does not
incur financial loss as a result of the suspension of access.
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 and consent to this compact by the
Congress. 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 regulate the shipment and
disposal of waste from the region and disposal of naturally
occurring and accelerator-produced radioactive material pursuant
to article III this compact. Amendments to this compact are
effective when enacted by all party states and, if necessary,
consented to by the Congress. To the extent required by section
(4)(d) of "The Low-Level Radioactive Waste Policy Amendments Act
of 1985," every five years after this compact has taken effect,
the Congress by law may withdraw its consent.
h. The withdrawal of a party state from this compact under
section e. of this article, the suspension of waste disposal
rights, the termination of a party state's designation as a host
state, 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. This compact may be dissolved and the obligations
arising under this compact may be terminated only as follows:
1. Through unanimous agreement of all party states
expressed in duly enacted legislation; or
2. Through withdrawal of consent to this compact by the
Congress under Article I, Section 10, of the United States
Constitution, in which case dissolution shall take place 120
days after the effective date of the withdrawal of consent.
Unless explicitly abrogated by the state legislation
dissolving this compact, or if dissolution results from
withdrawal of Congressional consent, the limitations of the
investment and use of long-term care funds in articles VI.o. and
VI.q.4. of this compact, the contractual obligations in article
V.f. of this compact, the indemnification obligations and
contribution rights in articles VI.o., VI.s., and VII.g. of this
compact, and the operation rights and indemnification and hold
harmless obligations in article VI.q. of this compact, shall
remain in force notwithstanding dissolution of this compact.
ARTICLE IX. PENALTIES AND ENFORCEMENT
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.
The parties to this compact intend that the courts of the
United States shall specifically enforce the obligations,
including the obligations of party states and revoked or
withdrawn party states, established by this compact.
c. The Commission, an affected party state, or both, may
obtain injunctive relief, recover damages, or both, to prevent
or remedy violations of this compact.
d. Each party state acknowledges that the receipt by
transport into 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 reasonable financial penalties assessed against any
generator, transporter, or collector responsible for the
violation, or suspension or revocation of the violator's right
of access to the compact facility in the host state by any
generator, transporter, or collector responsible for the
violation.
d. e. Each party state has the right to seek legal
recourse against any party state which acts in violation of this
compact.
f. This compact shall not be construed to create any cause
of action for any person other than a party state or the
Commission. Nothing in article IX.f. of this compact, shall
limit the right of judicial review set forth in article III.n.3.
of this compact, or the rights of contribution set forth in
articles III.p., VI.o., VI.s., and VII.g. 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 finally determined by a court of competent jurisdiction
to be contrary to the Constitution of any participating state or
of the United States or the applicability application thereof to
any government, agency, person or circumstance is held invalid,
the validity of the remainder of this compact to that person or
circumstance and the applicability thereof of the entire compact
to any government, agency, other 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. If any
provision of this compact imposing a financial obligation upon a
party state, or a state that has withdrawn from this compact or
had its membership in this compact revoked, is finally
determined by a court of competent jurisdiction to be
unenforceable due to the state's constitutional limitations on
its ability to pay the obligation, then that state shall use its
best efforts to obtain an appropriation to pay the obligation,
and, if the state is a party state, its right to have waste
generated within its borders disposed of at compact facilities,
or any noncompact facility made available to the region by any
agreement entered into by the Commission pursuant to article
III.h.6. of this compact, shall be suspended until the
appropriation is obtained.
Sec. 2. Minnesota Statutes 1994, section 116C.832,
subdivision 1, is amended to read:
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 116C.833 to 116C.848 116C.849.
Sec. 3. Minnesota Statutes 1994, section 116C.832, is
amended by adding a subdivision to read:
Subd. 5a. [COMMITTEE.] "Committee" means the facility
siting policy development committee established under section
116C.842.
Sec. 4. Minnesota Statutes 1994, section 116C.833,
subdivision 2, is amended to read:
Subd. 2. [SEMIANNUAL BIENNIAL REPORT.] In addition to
other duties specified in sections 116C.833 to 116C.843, the
commissioner shall report semiannually by January 31, 1997, and
biennially thereafter, to the governor and the legislature
concerning the activities of the Interstate Commission. The
report shall include any recommendations the commissioner deems
necessary to assure the protection of the interest of the state
in the proper functioning of the compact. The commissioner 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. 5. Minnesota Statutes 1994, section 116C.834,
subdivision 1, is amended to read:
Subdivision 1. [COSTS.] All costs incurred by the state to
carry out its responsibilities under the compact and under
sections 116C.833 to 116C.843 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 16A.1285. 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 state agency
costs incurred to support the work of the Interstate Commission;
and
(c) regulatory costs, including but not limited to costs of
adopting and enforcing regulations if the state enters into a
limited agreement with the United States Nuclear Regulatory
Commission to assume state regulation of transportation and
packaging, or disposal, of low-level radioactive wastes;
(d) siting costs of a low-level radioactive waste facility
under section 116C.842 and sections 116C.845 to 116C.848 to the
extent that the costs are reasonably attributable to waste
generated in this state; and
(e) any liability the state may incur as a party state to
the compact.
Sec. 6. Minnesota Statutes 1994, section 116C.834, is
amended by adding a subdivision to read:
Subd. 1a. [STATE LIABILITIES.] Nothing in this section
shall be construed to require generators of low-level
radioactive waste to pay any financial obligation of the state
arising under article V, section f.; article VI, section e. or
l.5.; or article VIII, section d., e., or f. of the compact.
Sec. 7. Minnesota Statutes 1994, section 116C.835,
subdivision 6, is amended to read:
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 remedies for such a violation is the remedy are those
provided in article III, section h.6. and article VIII, section
f. of the compact.
Sec. 8. Minnesota Statutes 1994, section 116C.836,
subdivision 2, is amended to read:
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 as provided in article III IX, section i.3. e. of
the compact, and may appeal the decision decisions of the
Interstate Commission as provided in article III, section o. n.;
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. 9. Minnesota Statutes 1994, section 116C.842, is
amended by adding a subdivision to read:
Subd. 1a. [FACILITY SITING POLICY DEVELOPMENT COMMITTEE.]
Following Minnesota's designation as a host state by the
Interstate Commission, and within 60 days after a compact
facility located in the host state immediately preceding
Minnesota begins operation, the governor shall, in consultation
with the commissioner, establish and appoint the membership of a
facility siting policy development committee. The committee
shall study the issues relevant to developing a facility and
make recommendations concerning appropriate facility siting
criteria and development requirements. The committee shall
number no more than 12 voting members, at least eight of whom
shall be individuals with expertise in a range of scientific
disciplines relevant to site development. The committee shall
include at least one representative each from local government
and generators of low-level radioactive waste, and two
representatives from public interest groups. In addition, the
environmental quality board, the Minnesota geological survey,
the departments of natural resources, transportation, and
health, and the agency shall have nonvoting membership on the
committee and shall provide information and technical assistance
to the committee as needed. The committee shall report its
findings and recommendations to the governor and the legislature
no later than one year following the establishment of the
committee.
Sec. 10. Minnesota Statutes 1994, section 116C.842, is
amended by adding a subdivision to read:
Subd. 2a. [ADMINISTRATION.] The environmental quality
board shall provide administrative assistance to the committee.
Sec. 11. Minnesota Statutes 1994, section 116C.842, is
amended by adding a subdivision to read:
Subd. 3a. [COMPENSATION.] The citizen members of the
committee shall be compensated as provided in section 15.0575.
Sec. 12. Minnesota Statutes 1994, section 116C.842, is
amended by adding a subdivision to read:
Subd. 3b. [TERMINATION.] The committee is terminated upon
reporting its recommendations to the governor and legislature in
accordance with subdivision 1a.
Sec. 13. [116C.849] [SITING CRITERIA.]
In making its facility siting policy recommendations to the
governor and the legislature, the committee shall consider
health, safety, and environmental protection above all other
siting criteria.
Sec. 14. [REPEALER.]
Minnesota Statutes 1994, sections 116C.832, subdivisions 2,
7, and 8; 116C.837; 116C.839; 116C.840, subdivision 3; 116C.841;
116C.842, subdivisions 1, 2, and 3; 116C.845; 116C.846;
116C.847; and 116C.848, are repealed.
Presented to the governor March 30, 1996
Signed by the governor April 2, 1996, 12:38 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes