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Minnesota Legislature

Office of the Revisor of Statutes

CHAPTER 116C. ENVIRONMENTAL QUALITY BOARD

Table of Sections
SectionHeadnote

GENERAL

116C.01FINDINGS.
116C.02DEFINITIONS.
116C.03CREATION OF ENVIRONMENTAL QUALITY BOARD; MEMBERSHIP; CHAIR; STAFF.
116C.04POWERS AND DUTIES.
116C.05Repealed, 1982 c 524 s 9
116C.06HEARINGS.
116C.07Repealed, 1982 c 524 s 9
116C.08FEDERAL FUNDS; DONATIONS.

ENVIRONMENTAL COORDINATION PROCEDURES

116C.22CITATION.
116C.23PURPOSE.
116C.24DEFINITIONS.
116C.25ENVIRONMENTAL PERMITS COORDINATION UNIT.
116C.26APPLICATION PROCEDURE.
116C.27NOTICE.
116C.28PUBLIC HEARING.
116C.29WITHDRAWAL OF AGENCY PARTICIPATION.
116C.30APPLICATION.
116C.31LOCAL CERTIFICATION.
116C.32RULES; COOPERATION.
116C.33CONFLICT WITH FEDERAL REQUIREMENTS.
116C.34BUREAU OF BUSINESS LICENSES.
116C.40Repealed, 1990 c 391 art 10 s 4
116C.41Repealed, 1990 c 391 art 10 s 4
116C.51Renumbered 216E.001
116C.52
116C.53Renumbered 216E.02
116C.54Repealed, 1994 c 644 s 7
116C.55
116C.56Repealed, 1977 c 439 s 27
116C.57
116C.575Renumbered 216E.04
116C.576Renumbered 216E.05
116C.577Renumbered 216E.06
116C.58Renumbered 216E.07
116C.59Renumbered 216E.08
116C.60Renumbered 216E.09
116C.61Renumbered 216E.10
116C.62Renumbered 216E.11
116C.63Renumbered 216E.12
116C.635Repealed, 1979 c 303 art 2 s 38
116C.64Renumbered 216E.13
116C.645Renumbered 216E.14
116C.65Renumbered 216E.15
116C.66Renumbered 216E.16
116C.67Repealed, 2001 c 212 art 7 s 36
116C.68Renumbered 216E.17
116C.69Renumbered 216E.18
116C.691Renumbered 216F.01
116C.692Renumbered 216F.02
116C.693Renumbered 216F.03
116C.694Renumbered 216F.04
116C.695Renumbered 216F.05
116C.696Renumbered 216F.06
116C.697Renumbered 216F.07

RADIOACTIVE WASTE MANAGEMENT

116C.705FINDINGS.
116C.71DEFINITIONS.
116C.711NUCLEAR WASTE COUNCIL.
116C.712POWERS AND DUTIES.
116C.72RADIOACTIVE WASTE MANAGEMENT FACILITY.
116C.721PUBLIC PARTICIPATION.
116C.722LEGAL AND TECHNICAL ASSISTANCE TO INDIAN TRIBES.
116C.723CONSULTATION AND COOPERATION AGREEMENT.
116C.724FIELD INVESTIGATIONS, TESTS, AND STUDIES.
116C.73TRANSPORTATION OF RADIOACTIVE WASTES INTO STATE.
116C.731TRANSPORTATION OF HIGH LEVEL RADIOACTIVE WASTE.
116C.74PENALTIES.
116C.75DEFINITIONS.
116C.76NUCLEAR WASTE DEPOSITORY RELEASE INTO GROUNDWATER.

RADIOACTIVE WASTE MANAGEMENT FACILITY AUTHORIZATION

116C.77LEGISLATIVE AUTHORIZATION FOR INDEPENDENT SPENT FUEL STORAGE INSTALLATION AT PRAIRIE ISLAND.
116C.771ADDITIONAL CASK LIMITATIONS.
116C.772PUBLIC UTILITY RESPONSIBILITIES.
116C.773CONTRACTUAL AGREEMENT.
116C.774AUTHORIZATION.
116C.775SHIPMENT PRIORITIES; PRAIRIE ISLAND.
116C.776ALTERNATIVE CASK TECHNOLOGY FOR SPENT FUEL STORAGE.
116C.777SITE.
116C.778RERACKING.
116C.779FUNDING FOR RENEWABLE DEVELOPMENT.
116C.80Repealed, 1Sp2003 c 11 art 3 s 16
116C.81Renumbered 116C.40
116C.82Renumbered 116C.41
116C.83AUTHORIZATION FOR ADDITIONAL DRY CASK STORAGE.

MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT

116C.831MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT.
116C.832DEFINITIONS.
116C.833COMPACT COMMISSION MEMBER.
116C.834ASSESSMENT OF GENERATORS.
116C.835ENFORCEMENT OF COMPACT AND LAWS.
116C.836ACTIONS CONCERNING INTERSTATE COMMISSION AND PARTY STATES.
116C.837Repealed, 1996 c 428 s 14
116C.838EFFECT ON EXISTING STATE LAW.
116C.839Repealed, 1996 c 428 s 14
116C.840DUTY TO PROVIDE INFORMATION.
116C.841Repealed, 1996 c 428 s 14
116C.842CONTINGENT PROVISIONS.
116C.843CONGRESSIONAL CONDITIONS ON COMPACT CONSENT.
116C.845Repealed, 1996 c 428 s 14
116C.846Repealed, 1996 c 428 s 14
116C.847Repealed, 1996 c 428 s 14
116C.848Repealed, 1996 c 428 s 14
116C.849SITING CRITERIA.
116C.851Repealed, 1990 c 600 s 8
116C.852Repealed, 1990 c 600 s 8

GENETICALLY ENGINEERED ORGANISMS

116C.91DEFINITIONS.
116C.92COORDINATION OF ACTIVITIES.
116C.93ADVISORY COMMITTEE.
116C.94RULES.
116C.95LIABILITY.
116C.96COST REIMBURSEMENT.
116C.97EXEMPTIONS.
116C.98Repealed, 1994 c 454 s 13; 20 SR 1037

GENERAL

116C.01 FINDINGS.
The legislature of the state of Minnesota finds that problems related to the environment often
encompass the responsibilities of several state agencies and that solutions to these environmental
problems require the interaction of these agencies. The legislature also finds that further debate
concerning population, economic and technological growth should be encouraged so that the
consequences and causes of alternative decisions can be better known and understood by the
public and its government.
History: 1973 c 342 s 1
116C.02 DEFINITIONS.
    Subdivision 1. Applicability. For the purposes of sections 116C.01 to 116C.08, the following
terms have the meaning given them.
    Subd. 2. Board. "Board" means the Minnesota Environmental Quality Board.
History: 1973 c 342 s 2; 1975 c 271 s 6
116C.03 CREATION OF ENVIRONMENTAL QUALITY BOARD; MEMBERSHIP;
CHAIR; STAFF.
    Subdivision 1. Creation. An environmental quality board, designated as the Minnesota
Environmental Quality Board, is hereby created.
    Subd. 2. Membership. The members of the board are the director of the Office of Strategic
and Long-Range Planning, the commissioner of commerce, the commissioner of the Pollution
Control Agency, the commissioner of natural resources, the commissioner of agriculture, the
commissioner of health, the commissioner of employment and economic development, the
commissioner of transportation, the chair of the Board of Water and Soil Resources, and a
representative of the governor's office designated by the governor. The governor shall appoint five
members from the general public to the board, subject to the advice and consent of the senate.
At least two of the five public members must have knowledge of and be conversant in water
management issues in the state. Notwithstanding the provisions of section 15.06, subdivision 6,
members of the board may not delegate their powers and responsibilities as board members
to any other person.
    Subd. 2a. Public members. The membership terms, compensation, removal, and filling of
vacancies of public members of the board shall be as provided in section 15.0575.
    Subd. 3.[Repealed, 1982 c 524 s 9]
    Subd. 3a. Chair. The representative of the governor's office shall serve as chair of the board.
    Subd. 4. Support. Staff and consultant support for board activities shall be provided by the
Office of Strategic and Long-Range Planning. This support shall be provided based upon an
annual budget and work program developed by the board and certified to the commissioner by the
chair of the board. The board shall have the authority to request and require staff support from all
other agencies of state government as needed for the execution of the responsibilities of the board.
    Subd. 5. Administration. The board shall contract with the Office of Strategic and
Long-Range Planning for administrative services necessary to the board's activities. The services
shall include personnel, budget, payroll and contract administration.
    Subd. 6. Annual budget and work program. The board shall adopt an annual budget
and work program.
History: 1973 c 342 s 3; 1974 c 307 s 16; 1975 c 271 s 6; 1976 c 134 s 28,29; 1976 c 166 s
7; 1981 c 356 s 122-124; 1982 c 524 s 1-6; 1983 c 289 s 115 subd 1; 1983 c 301 s 119; 1984 c
558 art 2 s 2,3; 1986 c 444; 1987 c 186 s 15; 1987 c 312 art 1 s 6; 1987 c 358 s 105; 1988 c 501 s
1; 1988 c 685 s 25; 1989 c 335 art 1 s 134; 1991 c 345 art 2 s 20-22; 1994 c 639 art 5 s 3; 1997 c
53 s 1; 1Sp2001 c 4 art 6 s 77; 1Sp2003 c 4 s 1; 1Sp2005 c 1 art 2 s 161
116C.04 POWERS AND DUTIES.
    Subdivision 1. Scope; votes. The powers and duties of the Minnesota Environmental Quality
Board shall be as provided in this section and as otherwise provided by law or executive order.
Actions of the board shall be taken only at an open meeting upon a majority vote of all the
permanent members of the board.
    Subd. 2. Jurisdiction. (a) The board shall determine which environmental problems of
interdepartmental concern to state government shall be considered by the board. The board
shall initiate interdepartmental investigations into those matters that it determines are in need
of study. Topics for investigation may include but need not be limited to future population and
settlement patterns, air and water resources and quality, solid waste management, transportation
and utility corridors, economically productive open space, energy policy and need, growth and
development, and land use planning.
(b) The board shall review programs of state agencies that significantly affect the
environment and coordinate those it determines are interdepartmental in nature, and insure agency
compliance with state environmental policy.
(c) The board may review environmental rules and criteria for granting and denying permits
by state agencies and may resolve conflicts involving state agencies with regard to programs,
rules, permits and procedures significantly affecting the environment, provided that such
resolution of conflicts is consistent with state environmental policy.
(d) State agencies shall submit to the board all proposed legislation of major significance
relating to the environment and the board shall submit a report to the governor and the legislature
with comments on such major environmental proposals of state agencies.
    Subd. 3. Cooperation. The board shall cooperate with regional development commissions in
appropriate matters of environmental concern.
    Subd. 4. Task forces. The board may establish interdepartmental or citizen task forces or
subcommittees to study particular problems.
    Subd. 5.[Repealed, 1984 c 558 art 2 s 4]
    Subd. 6.[Repealed, 1984 c 558 art 2 s 4]
    Subd. 7. Annual congress. At its discretion, the board shall convene an annual
Environmental Quality Board congress including, but not limited to, representatives of state,
federal and regional agencies, citizen organizations, associations, industries, colleges and
universities, and private enterprises who are active in or have a major impact on environmental
quality. The purpose of the congress shall be to receive reports and exchange information on
progress and activities related to environmental improvement.
    Subd. 8.[Repealed, 1982 c 524 s 9]
    Subd. 9.[Repealed, 1982 c 524 s 9]
    Subd. 10. Stipulation agreements. The board may enter into and enforce stipulation
agreements made to enforce statutes and rules administered by the board.
    Subd. 11. Coordination. The Environmental Quality Board shall coordinate the
implementation of an interagency compliance with existing state and federal lead regulations and
report to the legislature by January 31, 1992, on the changes in programs needed to comply.
History: 1973 c 342 s 4; 1975 c 271 s 6; 1985 c 248 s 70; 1988 c 501 s 2; 1991 c 292 art 9 s 1
116C.05 [Repealed, 1982 c 524 s 9]
116C.06 HEARINGS.
    Subdivision 1. Process. The board shall hold public hearings on matters that it determines
to be of major environmental impact. The board shall prescribe by rule in conformity to the
provisions of chapter 14, the procedures for the conduct of all hearings and review procedures.
    Subd. 2. Delegation to hearings officer. The board may delegate its authority to conduct
a hearing to a hearings officer. The hearings officer shall have the same power as the board
to compel the attendance of witnesses to examine them under oath, to require the production
of books, papers, and other evidence, and to issue subpoenas and cause the same to be served
and executed in any part of the state. The hearings officer shall be knowledgeable in matters of
law and the environment.
If a hearings officer conducts a hearing, the officer shall make findings of fact and submit
them to the board. The transcript of testimony and exhibits shall constitute the exclusive record
upon which such findings are made. The findings shall be available for public inspection.
    Subd. 3. Recommendations. After receipt of the findings of fact of the hearings officer, the
board shall make recommendations to the governor and legislature as to administrative and
legislative actions to be considered in regard to the matter.
History: 1973 c 342 s 6; 1975 c 271 s 6; 1982 c 424 s 130; 1985 c 248 s 70; 1986 c 444;
1995 c 233 art 2 s 56; 1997 c 187 art 5 s 15
116C.07 [Repealed, 1982 c 524 s 9]
116C.08 FEDERAL FUNDS; DONATIONS.
The board may apply for, receive, and disburse federal funds made available to the state
by federal law or rules promulgated thereunder for any purpose related to the powers and duties
of the board. The board shall comply with any and all requirements of such federal law or such
rules and regulations promulgated thereunder in order to apply for, receive, and disburse such
funds. The board is authorized to accept any donations or grants from any public or private
concern. All such moneys received by the board shall be deposited in the state treasury and are
hereby appropriated to it for the purpose for which they are received. None of such moneys in the
state treasury shall cancel.
History: 1973 c 342 s 8; 1975 c 271 s 6

ENVIRONMENTAL COORDINATION PROCEDURES

116C.22 CITATION.
Sections 116C.22 to 116C.34 may be cited as the Minnesota Environmental Coordination
Procedures Act.
History: 1976 c 303 s 1
116C.23 PURPOSE.
It shall be the purpose of sections 116C.22 to 116C.34:
(1) to provide an optional procedure to assist those who, in the course of satisfying the
requirements of state government prior to undertaking a project which contemplates the use of
the state's air, land, or water resources, must obtain more than one state permit, by establishing
a mechanism in state government which will coordinate administrative decision-making
procedures, and related quasi-judicial and judicial review, pertaining to these permits;
(2) to provide to the members of the public a better and easier opportunity to present their
views comprehensively on proposed uses of natural resources and related environmental matters
prior to the making of decisions on these uses by state or local agencies;
(3) to provide to the members of the public a greater degree of certainty in terms of permit
requirements of state and local government;
(4) to provide better coordination and understanding between state and local agencies in the
administration of the various programs relating to air, water, and land resources; and
(5) to establish the opportunity for members of the public to obtain information pertaining to
requirements of federal and state law which must be satisfied prior to undertaking a project in
this state.
History: 1976 c 303 s 2
116C.24 DEFINITIONS.
    Subdivision 1. Applicability. For the purposes of sections 116C.22 to 116C.34, the terms
defined in this section have the meanings given them.
    Subd. 1a. Agency. "Agency" means a state department, commission, board or other agency
of the state however titled or a local governmental unit or instrumentality, only when that unit or
instrumentality is acting within existing legal authority to grant or deny a permit that otherwise
would be granted or denied by a state agency.
    Subd. 2. Board. "Board" means the Minnesota Environmental Quality Board.
    Subd. 2a. Commissioner. "Commissioner" means the commissioner of employment and
economic development.
    Subd. 3. Coordination unit. "Coordination unit" means the Bureau of Business Licenses
established pursuant to sections 116J.73 to 116J.76.
    Subd. 4. Local governmental unit. "Local governmental unit" means a county, city, town,
or special district with legal authority to issue a permit.
    Subd. 5. Permit. "Permit" means a license, permit, certificate, certification, approval,
compliance schedule, or other similar document pertaining to a regulatory or management
program related to the protection, conservation, or use of, or interference with, the natural
resources of land, air or water, which is required to be obtained from a state agency prior to
constructing or operating a project in this state.
Nothing in sections 116C.22 to 116C.34 shall relate to the granting of a proprietary interest in
publicly owned property through a sale, lease, easement, use permit, license or other conveyance.
    Subd. 6. Person. "Person" means an individual, an association or partnership, or a
cooperative, or a municipal, public or private corporation, including but not limited to a state
agency and a county.
    Subd. 7. Project. "Project" means a new activity or an expansion of or addition to an existing
activity, which is fixed in location and for which permits are required from an agency prior to
construction or operation, including but not limited to industrial and commercial operations and
developments. Sections 116C.22 to 116C.34 shall not apply to projects which are:
(1) covered by chapter 93 or 216E or section 216B.243; or
(2) initiated for the purpose of taconite tailings disposal or mining, or the producing or
beneficiating of copper, nickel or copper-nickel.
    Subd. 8.[Renumbered subd 1a]
History: 1975 c 271 s 6; 1976 c 303 s 3; 1981 c 356 s 248; 1983 c 289 s 34,35,115 subd 2;
1984 c 558 art 4 s 10; 1987 c 312 art 1 s 26 subd 2; 1Sp2003 c 4 s 1
116C.25 ENVIRONMENTAL PERMITS COORDINATION UNIT.
The commissioner of employment and economic development shall direct the Bureau of
Business Licenses to act as the coordination unit to implement and administer the provisions
of sections 116C.22 to 116C.34. The commissioner shall employ necessary staff to work for
the coordination unit on a continuous basis.
History: 1975 c 271 s 6; 1976 c 303 s 4; 1983 c 289 s 36; 1987 c 312 art 1 s 26 subd 2;
1Sp2003 c 4 s 1
116C.26 APPLICATION PROCEDURE.
    Subdivision 1. Master application. A person proposing a project which may require more
than one permit may, prior to the initial construction of the project or prior to the initial operation
of the project if construction of the project required no state permits, submit a master application
to the coordination unit requesting the issuance of all state permits necessary for construction and
operation of the project. The master application shall be on a form furnished by the coordination
unit and shall contain precise information as to the location of the project, and shall describe the
nature of the project including any contemplated discharges of wastes therefrom and any uses of,
or interferences with, natural resources. No master application shall be accepted for processing by
the coordination unit pursuant to sections 116C.22 to 116C.34, unless it is accompanied by the
certifications issued not more than 120 days prior to the date of the master application as required
by section 116C.31. No master application shall be accepted for processing by the coordination
unit pursuant to sections 116C.22 to 116C.34, unless it is accompanied by a certification from the
board that either an environmental impact statement concerning the project has been completed or
that an environmental impact statement is not required concerning the project.
    Subd. 2. Notice; response. Upon receipt of a completed master application, the coordination
unit shall immediately notify in writing each agency having a possible interest in the master
application arising from requirements pertaining to a permit program under its jurisdiction. The
notification from the coordination unit shall be accompanied by a copy of the master application
together with the date by which the agency shall respond to the notice. Each notified agency
shall respond in writing to the coordination unit within the specified date, not exceeding 20
days from receipt, as determined by the coordination unit, advising whether the agency does or
does not have an interest in the master application. If an agency timely responds that it has an
interest in the master application, the response shall include information concerning the specific
permit programs under its jurisdiction which are pertinent to the project described in the master
application. The agency response shall also advise the coordination unit whether a public hearing
concerning the master application as provided in section 116C.28 would or would not be required
or of value considering the overall public interest.
    Subd. 3. Subsequent permit requirement. Each notified agency which responds within the
specified date that it does not have an interest in the master application or which does not respond
as required by subdivision 2 within the specified date, shall not subsequently require a permit of
the applicant for the project described in the master application; provided the bar to requiring a
permit subsequently shall not be applicable if:
(a) the master application provided to the notified agency contained false, misleading, or
deceptive information, or lacked information, which would reasonably lead an agency to misjudge
its interest in a master application; or
(b) subsequent laws or rules require additional permits; or
(c) unusual circumstances prevented the agency from notifying the coordination unit and the
agency can establish that failure to require a permit would result in substantial harm to the public
health or welfare, in which case the board may order that the permit be required.
    Subd. 4. Application forms. The coordination unit shall submit application forms
concerning the permit programs identified in the affirmative responses under subdivision 2 to the
applicant with a direction to complete and return them to the coordination unit within 90 days.
    Subd. 5. Transmittal to agency. Within ten days of receipt of the full set of completed
application forms by the coordination unit, each application shall be transmitted to the appropriate
agency for the performance of its responsibilities of decision making in accordance with the
procedures of sections 116C.22 to 116C.33.
    Subd. 6. Date. If an agency has a procedure for setting priorities in issuing a permit according
to the date of the application for the permit, the date used shall be the date upon which a master
application is received by the coordination unit.
History: 1975 c 271 s 6; 1976 c 303 s 5
116C.27 NOTICE.
    Subdivision 1. Publication. The coordination unit immediately after transmittal of the
completed applications to the appropriate agency shall cause a notice to be published at the
applicant's expense once each week on the same day of the week for three consecutive weeks
in a newspaper of general circulation within each county in which the project is proposed to be
constructed or operated. The notice shall describe the nature of the master application including,
with reasonable specificity, the project proposed, its location, the various permits applied for, and
the agency having jurisdiction over each permit. Except as provided in subdivision 2, the notice
shall also state the time and place of the public hearing, to be held not less than 20 days after the
date of last publication of the notice. It shall further state that a copy of the master application and
a copy of all permit applications for the project are available for public inspection in the office of
the county auditor of each county in which the project is proposed to be constructed or operated,
as well as in other locations which the coordination unit may designate.
    Subd. 2. Public hearing. If the responses to the master application received by the
coordination unit from the state agencies unanimously state the position that a public hearing
in relation to a master application would not be of value in consideration of the overall public
interest and are not required by any other law or rule, the provisions of subdivision 1 pertaining
to the time and place of a public hearing shall not be included in the notice. In place thereof the
notice shall state that members of the public may present relevant views and supporting materials
in writing to the coordination unit concerning any of the permits applied for within 30 days after
the last date of publication of the notice in a newspaper.
History: 1976 c 303 s 6
116C.28 PUBLIC HEARING.
    Subdivision 1. Process. When one or more agencies notifies the coordination unit that a
public hearing is required or appropriate on matters relating to the project described in the master
application, the coordination unit shall set the time and place for a hearing in which each of the
affected agencies shall participate. The hearing shall be held pursuant to the contested case
provisions of chapter 14 and section 116C.27.
    Subd. 2. Representation at hearing. Each participating state agency shall be represented
at the public hearing by its chief administrative officer or a designee. The representative of any
state agency within whose jurisdiction a specific application lies shall participate in the portion
of the hearing pertaining to submission of information, views, and supporting materials which
are relevant to its application. The administrative law judge may, when appropriate, continue
a hearing from time to time and place to place. The hearing shall be recorded in any manner
suitable for transcription pursuant to chapter 14.
    Subd. 3. Agency's final decision. Within 60 days of receipt of the administrative law judge's
report, each state agency which is a party to the hearing shall forward its final decision on
permit applications within its jurisdiction to the coordination unit, provided that this date may
be extended by the chair of the board for reasonable cause. Every final decision shall set forth
the basis for the decision together with a final order denying the permit or granting the permit
including the specifying of any conditions under which the permit is issued.
    Subd. 4. Procedure if no hearing is held. If notice has been published pursuant to section
116C.27, subdivision 2, and no public hearing is conducted, the coordination unit shall, not less
than 30 days after the last notice publication in the newspaper, submit a copy of all views and
supporting material received by it to each agency having jurisdiction concerning any permit
application described in the notice. Concurrently therewith, the coordination unit shall notify
each state agency, in writing, of the date not to exceed 60 days by which final decisions on
applications shall be forwarded to the coordination unit; provided that this date may be extended
by the chair of the board for reasonable cause. Each final decision shall set forth the information
required by subdivision 3.
    Subd. 5. Incorporation into one document. As soon as all final decisions are received by
the coordination unit from the various participating state agencies, the coordination unit shall
immediately incorporate them, without modification, into one document and shall transmit the
document to the applicant either personally or by certified mail.
History: 1975 c 271 s 6; 1976 c 303 s 7; 1978 c 674 s 60; 1982 c 424 s 130; 1984 c 640 s
32; 1986 c 444
116C.29 WITHDRAWAL OF AGENCY PARTICIPATION.
After an agency has responded that it has an interest in the master application, it may
withdraw from further participation in the processing of that master application at any time by
written notification to the coordination unit, if it subsequently appears to the agency that it has no
permit programs under its jurisdiction which are applicable to the project.
History: 1976 c 303 s 8
116C.30 APPLICATION.
    Subdivision 1. Appeal. A person aggrieved by a final decision of an agency in granting or
denying a permit shall seek redress directly and individually from that agency in the manner
provided by chapter 14, or any other statute authorizing either judicial or administrative review of
an agency decision.
    Subd. 2. Agency jurisdiction. Each state agency having jurisdiction to approve or deny an
application for a permit shall have continuing power as vested in it prior to February 15, 1977,
to make such determinations. Nothing in sections 116C.22 to 116C.34 shall lessen or reduce
such powers, and such sections shall modify only the procedures to be followed in the carrying
out of such powers.
    Subd. 3. Additional information. A state agency may in the performance of its
responsibilities of decision making under sections 116C.22 to 116C.33, request or receive
additional information from an applicant.
    Subd. 4. Fee schedules. Fee schedules authorized by statute for an application or permit shall
continue to be applicable even though the application or permit is processed under the provisions
set forth in sections 116C.22 to 116C.33. The coordination unit shall not charge the applicant or
participating agencies a fee for its services.
    Subd. 5. No applicability. Sections 116C.22 to 116C.33 shall have no applicability to an
application for a permit renewal, amendment, extension, or other similar document required
subsequent to the completion of decisions and proceedings under sections 116C.27 to 116C.29, or
to a replacement thereof or to a quasi-judicial or judicial proceeding held pursuant to an order of
remand or similar order by a court in relation to a final decision of a state agency.
    Subd. 6. Land use; zoning. Nothing in sections 116C.22 to 116C.34 shall modify in any
manner whatsoever the applicability or inapplicability of any land use rule, statute or local zoning
ordinance to the lands of any state agency.
History: 1976 c 303 s 9; 1982 c 424 s 130; 1985 c 248 s 70
116C.31 LOCAL CERTIFICATION.
    Subdivision 1. Generally. No master application shall be processed pursuant to sections
116C.22 to 116C.33 unless it is accompanied by a certification issued not more than 120 days
prior to the date the master application is first received by the coordination unit, from the local
governmental units in whose jurisdiction the proposed project is located, certifying that the
project is in compliance with all zoning ordinances, subdivision regulations, and environmental
regulations administered by the local governmental unit and certifying that the preparation of
any environmental impact statement which the local governmental unit is authorized to require
pursuant to local ordinance, state statute, or board rule, has been completed or deemed not
necessary. If the local governmental unit has required any environmental impact statement
concerning the project, a copy of the completed environmental impact statement shall be
attached to the local governmental unit's certification. If the local governmental unit has no
zoning ordinances, subdivision regulations, or environmental regulations, the certification from
the local governmental unit shall so state. A local governmental unit may accept applications for
certifications as provided in this section and shall rule upon the same expeditiously to insure that
the purposes of sections 116C.22 to 116C.33 are accomplished fully. After issuing a certification
for the purposes of this section, no local government shall rescind it even though the local
government may have changed its zoning ordinances, subdivision regulations, or environmental
regulations. A change of zoning ordinances, subdivision regulations, or environmental regulations
shall not invalidate a previously given certification for the purpose of securing a state permit
under sections 116C.22 to 116C.33. Upon certification, the local government may change such
zoning ordinances, subdivision regulations, or environmental regulations, but not so as to
affect the proposed project until the procedures of sections 116C.22 to 116C.33, including any
administrative or judicial reviews, are completed.
    Subd. 2. Appeal. A ruling by a local governmental unit denying an application for
certification shall not be appealable under sections 116C.22 to 116C.34. The denial of an
application for certification by a local governmental unit shall not preclude the applicant from
filing a permit application under any other available statute or procedure.
History: 1975 c 271 s 6; 1976 c 303 s 10
116C.32 RULES; COOPERATION.
The commissioner shall as soon as practicable adopt rules, not inconsistent with rules of
procedure established by the Office of Administrative Hearings, to implement the provisions of
sections 116C.22 to 116C.34, including master application procedures, notice procedures, and
public hearing procedures and costs.
History: 1975 c 271 s 6; 1976 c 303 s 11; 1980 c 615 s 60; 1983 c 289 s 37
116C.33 CONFLICT WITH FEDERAL REQUIREMENTS.
    Subdivision 1. Federal requirements prevail. If in a final order of a court of competent
jurisdiction, any part of sections 116C.22 to 116C.34 as enacted or administered is found to be in
conflict with federal requirements which are a condition precedent to the allocation of federal
funds authorized to this state, the conflicting part of sections 116C.22 to 116C.34 shall be void
to the limited extent necessary to remove the conflict and the remainder of sections 116C.22
to 116C.34 shall remain effective.
    Subd. 2. Modification. The commissioner, to the limited extent necessary to comply with
procedural requirements of federal statutes relating to permit systems operated by the state,
may modify the notice, timing, hearing, and related procedural matters provided in sections
116C.22 to 116C.34.
History: 1975 c 271 s 6; 1976 c 303 s 12; 1983 c 289 s 38
116C.34 BUREAU OF BUSINESS LICENSES.
    Subdivision 1. Purpose. The Bureau of Business Licenses shall establish and maintain an
information and referral system to assist the public in the understanding and compliance with
the requirements of state and local governmental rules concerning the use of natural resources
and protection of the environment. The system shall provide a telephone information service and
disseminate printed materials. The bureau shall provide assistance to regional development
commissions desiring to create a permit information center.
    Subd. 2. Duties. The bureau shall:
(1) identify all existing state licenses, permit certifications, approvals, compliance
schedules, or other programs which pertain to the use of natural resources and to protection
of the environment;
(2) standardize permit titles and assign designation codes to all such permits which would
thereafter be imprinted on all permit forms;
(3) develop permit profiles including applicable rules copies of all appropriate permit forms,
statutory mandate and legislative history, names of individuals administering the program, permit
processing procedures, documentation of the magnitude of the program and of geographic and
seasonal distribution of the workload, and estimated application processing time;
(4) identify the public information procedures currently associated with each permit program;
(5) identify the data monitored or acquired through each permit and ascertain current users of
that data;
(6) recommend revisions to the list of natural resource management and development permits
contained in Minnesota Statutes 1974, section 116D.04, subdivision 5; and
(7) recommend legislative or administrative modifications of existing permit programs to
increase their efficiency and utility.
    Subd. 3. County responsibility. The auditor of each county shall post in a conspicuous place
in the auditor's office the telephone numbers of the Bureau of Business Licenses and the permit
information center in the office of the applicable regional development commission; copies of any
master applications or permit applications forwarded to the auditor pursuant to section 116C.27,
subdivision 1
; and copies of any information published by the bureau or an information center
pursuant to subdivision 1.
History: 1975 c 271 s 6; 1976 c 303 s 13; 1983 c 289 s 39; 1985 c 248 s 70; 1986 c 444
116C.40 [Repealed, 1990 c 391 art 10 s 4]
116C.41 [Repealed, 1990 c 391 art 10 s 4]
116C.51 [Renumbered 216E.001]
    Subdivision 1.[Renumbered 216E.01, subdivision 1]
    Subd. 2.[Renumbered 216E.01, subd 2]
    Subd. 3.MS 1990 [Renumbered subd 4]
    Subd. 3.MS 2004 [Renumbered 216E.01, subd 3]
    Subd. 4.MS 1990 [Renumbered subd 5]
    Subd. 4.MS 2004 [Renumbered 216E.01, subd 4]
    Subd. 5.MS 1990 [Renumbered subd 7]
    Subd. 5.MS 2004 [Renumbered 216E.01, subd 5]
    Subd. 6.MS 1990 [Renumbered subd 10]
    Subd. 6.MS 2004 [Renumbered 216E.01, subd 6]
    Subd. 7.MS 1990 [Renumbered subd 3]
    Subd. 7.MS 2004 [Renumbered 216E.01, subd 7]
    Subd. 8.[Renumbered 216E.01, subd 8]
    Subd. 9.[Renumbered 216E.01, subd 9]
    Subd. 10.MS 1990 [Renumbered subd 6]
    Subd. 10.MS 2004 [Renumbered 216E.01, subd 10]
116C.53 [Renumbered 216E.02]
116C.54 [Repealed, 1994 c 644 s 7]
    Subdivision 1.[Repealed, 1977 c 439 s 27]
    Subd. 2.[Repealed, 2001 c 212 art 7 s 36]
    Subd. 3.[Repealed, 2001 c 212 art 7 s 36]
116C.56 [Repealed, 1977 c 439 s 27]
    Subdivision 1.[Renumbered 216E.03, subdivision 1]
    Subd. 2.[Renumbered 216E.03, subd 2]
    Subd. 2a.[Renumbered 216E.03, subd 3]
    Subd. 2b.[Renumbered 216E.03, subd 4]
    Subd. 2c.[Renumbered 216E.03, subd 5]
    Subd. 2d.[Renumbered 216E.03, subd 6]
    Subd. 3.[Repealed, 2001 c 212 art 7 s 36]
    Subd. 4.[Renumbered 216E.03, subd 7]
    Subd. 5.[Repealed, 2001 c 212 art 7 s 36]
    Subd. 5a.[Repealed, 2001 c 212 art 7 s 36]
    Subd. 6.[Renumbered 216E.03, subd 8]
    Subd. 7.[Renumbered 216E.03, subd 9]
    Subd. 8.[Renumbered 216E.03, subd 10]
    Subd. 9.[Renumbered 216E.03, subd 11]
116C.575 [Renumbered 216E.04]
116C.576 [Renumbered 216E.05]
116C.577 [Renumbered 216E.06]
116C.58 [Renumbered 216E.07]
116C.59 [Renumbered 216E.08]
116C.60 [Renumbered 216E.09]
116C.61 [Renumbered 216E.10]
116C.62 [Renumbered 216E.11]
116C.63 [Renumbered 216E.12]
116C.635 [Repealed, 1979 c 303 art 2 s 38]
116C.64 [Renumbered 216E.13]
116C.645 [Renumbered 216E.14]
116C.65 [Renumbered 216E.15]
116C.66 [Renumbered 216E.16]
116C.67 [Repealed, 2001 c 212 art 7 s 36]
116C.68 [Renumbered 216E.17]
116C.69 [Renumbered 216E.18]
116C.691 [Renumbered 216F.01]
116C.692 [Renumbered 216F.02]
116C.693 [Renumbered 216F.03]
116C.694 [Renumbered 216F.04]
116C.695 [Renumbered 216F.05]
116C.696 [Renumbered 216F.06]
116C.697 [Renumbered 216F.07]

RADIOACTIVE WASTE MANAGEMENT

116C.705 FINDINGS.
The legislature finds that the disposal and transportation of high level radioactive waste is of
vital concern to the health, safety, and welfare of the people of Minnesota, and to the economic
and environmental resources of Minnesota. To ensure the health, safety, and welfare of the
people, and to protect the air, land, water, and other natural resources in the state from pollution,
impairment, or destruction, it is necessary for the state to regulate and control, under the laws
of the United States, the exploration for high level radioactive waste disposal within the state
of Minnesota. It is the intent of the legislature to exercise all legal authority for the purpose of
regulating the disposal and transportation of high level radioactive waste.
History: 1984 c 453 s 1
116C.71 DEFINITIONS.
    Subdivision 1. Applicability. For the purposes of sections 116C.71 to 116C.74, the terms
defined in this section have the meaning given them.
    Subd. 1a. Area characterization plan. "Area characterization plan" means the official plan
prepared by the Department of Energy for a specific geographic area outlining the proposed
laboratory or field activities to be undertaken to establish the geologic, environmental, social, and
economic characteristics of the area.
    Subd. 1b. Area recommendation report. "Area recommendation report" means the official
report prepared by the Department of Energy identifying specific geographic areas within a state
for further evaluation as a repository for radioactive waste.
    Subd. 1c. Board. "Board" means the Minnesota Environmental Quality Board.
    Subd. 2. By-product nuclear material. "By-product nuclear material" means any material,
except special nuclear material, yielded in or made radioactive by:
(a) exposure to the radiation incident to the process of producing or utilizing special nuclear
material; or
(b) exposure to radiation produced or accelerated in an atomic or subatomic particle
accelerating machine.
    Subd. 2a. Chair. "Chair" means the chair of the board.
    Subd. 2b. Consultation and cooperation agreement. "Consultation and cooperation
agreement" means the formal agreement, as defined in the Nuclear Waste Policy Act, United
States Code, title 42, section 10137(c), between a state and the federal government setting forth
procedures for information exchanges, state consultation, and other matters related to repository
siting and construction.
    Subd. 2c. Council. "Council" means the governor's Nuclear Waste Council.
    Subd. 2d. Department of Energy. "Department of Energy" means the United States
Department of Energy.
    Subd. 2e. Dispose or disposal. "Dispose" or "disposal" means the permanent or temporary
placement of high level radioactive waste at a site within the state other than a point of generation.
    Subd. 2f. High level radioactive waste. "High level radioactive waste" means:
(1) irradiated reactor fuel;
(2) liquid wastes resulting from reprocessing irradiated reactor fuel;
(3) solids into which the liquid wastes have been converted;
(4) transuranic wastes, meaning any radioactive waste containing alpha emitting transuranic
elements that is not acceptable for near-surface disposal as defined in the Code of Federal
Regulations, title 10, section 61.55;
(5) any other highly radioactive materials that the Nuclear Regulatory Commission or
Department of Energy determines by law to require permanent isolation; or
(6) any by-product material as defined in section 11e (2) of the Atomic Energy Act of 1954,
United States Code, title 42, section 2014, as amended.
    Subd. 3. Person. "Person" means any individual, corporation, partnership or other
unincorporated association or governmental agency.
    Subd. 3a. Potentially impacted area. "Potentially impacted area" means the area designated
or described in a draft or final area recommendation report or area characterization plan for
study or consideration.
    Subd. 4. Radiation. "Radiation" means any or all of the following: alpha rays, beta rays,
gamma rays, high energy neutrons or protons or electrons, and other atomic particles; but not
X-rays and electromagnetic radiations of wavelengths greater than 2,000 Angstrom units and
sound waves.
    Subd. 5. Radioactive material. "Radioactive material" means any matter which emits
radiation. Radioactive material includes special nuclear material, source nuclear material, and
by-product nuclear material.
    Subd. 6. Radioactive waste. "Radioactive waste" means:
(a) useless or unwanted capturable radioactive residues produced incidental to the use of
radioactive material; or
(b) useless or unwanted radioactive material; or
(c) otherwise nonradioactive material made radioactive by contamination with radioactive
material.
Radioactive waste does not include discharges of radioactive effluents to air or surface
water when subject to applicable federal or state regulations or excreta from persons undergoing
medical diagnosis or therapy with radioactive material or naturally occurring radioactive isotopes.
    Subd. 7. Radioactive waste management facility. "Radioactive waste management
facility" means a geographic site, including buildings, structures, and equipment in or upon
which radioactive waste is retrievably or irretrievably disposed by burial in soil or permanently
stored. An independent spent-fuel storage installation located on the site of a Minnesota nuclear
generation facility for dry cask storage of spent nuclear fuel generated solely by that facility is
not a radioactive waste management facility.
    Subd. 8. Source nuclear material. "Source nuclear material" means:
(a) uranium or thorium or any combination thereof, in any physical or chemical form; or
(b) ores which contain by weight 1/20 of one percent or more of uranium, thorium, or any
combination thereof. Source nuclear material does not include special nuclear material.
    Subd. 9. Special nuclear material. "Special nuclear material" means:
(a) plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and
any other material which the Nuclear Regulatory Commission, pursuant to the Atomic Energy
Act of 1954 as amended, determines to be special nuclear material; or
(b) any material artificially enriched by any of the materials described in clause (a). Special
nuclear material does not include source nuclear material.
    Subd. 10.[Renumbered subd 1a]
    Subd. 11.[Renumbered subd 1b]
    Subd. 12.[Renumbered subd 1c]
    Subd. 13.[Renumbered subd 2a]
    Subd. 14.[Renumbered subd 2b]
    Subd. 14a.[Renumbered subd 2c]
    Subd. 15.[Renumbered subd 2d]
    Subd. 16.[Renumbered subd 2e]
    Subd. 17.[Renumbered subd 2f]
    Subd. 18.[Renumbered subd 3a]
History: 1977 c 416 s 1; 1984 c 453 s 2-10; 1Sp1985 c 13 s 241; 1986 c 444; 1Sp2003 c
11 art 1 s 1
116C.711 NUCLEAR WASTE COUNCIL.
    Subdivision 1. Establishment. The governor's Nuclear Waste Council is established.
    Subd. 2. Membership. The council shall have at least nine members, consisting of:
(1) the commissioners of health, transportation, and natural resources, and the commissioner
of the Pollution Control Agency;
(2) four citizen members appointed by the governor;
(3) the director of the Minnesota Geological Survey;
(4) one additional citizen from each potentially impacted area may be appointed by the
governor if potentially impacted areas are designated in Minnesota; and
(5) one Indian who is an enrolled member of a federally recognized Minnesota Indian tribe or
band may be appointed by the governor if potentially impacted areas are designated in Minnesota
and if those areas include Indian country as defined in United States Code, title 18, section 11.54.
At least two members of the council must have expertise in the earth sciences.
    Subd. 3. Chair. A chair shall be appointed by the governor from the members of the council.
    Subd. 4. Advisory task force. The council may create advisory task forces under section
15.014, as are necessary to carry out its responsibilities under this chapter.
    Subd. 5. Membership regulation. Section 15.059 governs terms, compensation, removal,
and filling of vacancies of members appointed by the governor. Section 15.059, subdivision 5,
does not govern the expiration date of the council.
History: 1Sp1985 c 13 s 242; 1986 c 444; 1987 c 186 s 15
116C.712 POWERS AND DUTIES.
    Subdivision 1. Duty. The council's duty is to monitor the federal high-level radioactive
waste disposal program under the Nuclear Waste Policy Act, Public Law 97-425 and advise the
governor and the legislature on all policy issues relating to the federal high-level radioactive
waste disposal program.
    Subd. 2. Expiration date. The council terminates when the Department of Energy eliminates
Minnesota from further siting consideration for disposal of high-level radioactive waste.
    Subd. 3. Council staff. Staff support for council activities must be provided by the Office
of Strategic and Long-Range Planning. State departments and agencies must cooperate with the
council in the performance of its duties. Upon the request of the chair of the council, the governor
may, by order, require a state department or agency to furnish assistance necessary to carry
out the council's functions under this chapter.
    Subd. 4. Federal and other funds. The chair of the council may apply for, receive, and
expend money made available from federal sources or other sources for the purpose of carrying
out the council's responsibilities under this chapter.
    Subd. 5. Assessment. (a) A person, firm, corporation, or association in the business of
owning or operating a nuclear fission electrical generating plant in this state shall pay an
assessment to cover the cost of:
(1) monitoring the federal high-level radioactive waste program under the Nuclear Waste
Policy Act, United States Code, title 42, sections 10101 to 10226;
(2) advising the governor and the legislature on policy issues relating to the federal high-level
radioactive waste disposal program;
(3) surveying existing literature and activity relating to radioactive waste management,
including storage, transportation, and disposal, in the state;
(4) an advisory task force on low-level radioactive waste deregulation, created by a law
enacted in 1990 until July 1, 1996; and
(5) other general studies necessary to carry out the purposes of this subdivision.
The assessment must not be more than the appropriation to the Office of Strategic and
Long-Range Planning for these purposes.
(b) The office shall bill the owner or operator of the plant for the assessment at least 30
days before the start of each quarter. The assessment for the second quarter of each fiscal year
must be adjusted to compensate for the amount by which actual expenditures by the office for
the preceding year were more or less than the estimated expenditures previously assessed. The
billing may be made as an addition to the assessments made under section 216E.18. The owner
or operator of the plant must pay the assessment within 30 days after receipt of the bill. The
assessment must be deposited in the state treasury and credited to the special revenue fund.
(c) The authority for this assessment terminates when the Department of Energy eliminates
Minnesota from further siting consideration for high-level radioactive waste by starting
construction of a high-level radioactive waste disposal site in another state. The assessment
required for any quarter must be reduced by the amount of federal grant money received by the
Office of Strategic and Long-Range Planning for the purposes listed in this section.
(d) The director of the Office of Strategic and Long-Range Planning must report annually
by July 1 to the environment and natural resources committees of the senate and house of
representatives, the Finance Division of the senate Committee on Environment and Natural
Resources, and the house of representatives Committee on Environment and Natural Resources
Finance on activities assessed under paragraph (a).
History: 1Sp1985 c 13 s 243; 1986 c 444; 1987 c 404 s 147; 1988 c 686 art 1 s 62; 1990 c
600 s 3; 1991 c 345 art 2 s 23,24; 1996 c 470 s 27
116C.72 RADIOACTIVE WASTE MANAGEMENT FACILITY.
Notwithstanding any provision of sections 216C.05 to 216C.381 to the contrary, no person
shall construct or operate a radioactive waste management facility within Minnesota unless
expressly authorized by the Minnesota legislature.
History: 1977 c 416 s 2; 1984 c 655 art 1 s 19; 1987 c 312 art 1 s 10
116C.721 PUBLIC PARTICIPATION.
    Subdivision 1. Information meetings. The board shall conduct public information meetings
within an area designated in a draft area recommendation report, final area recommendation
report, draft area characterization plan, or final area characterization plan. Information meetings
shall be held within 30 days after the board receives each of the reports.
    Subd. 2. Notice. The board shall notify the public of information meetings and the
availability of the area recommendation reports and the area characterization plans. Copies of
the reports shall be made available for public review and distribution at the board office, the
Minnesota Geological Survey office, regional development commission offices in regions that
include a part of the potentially impacted areas, county courthouses in counties that include a
part of a potentially impacted area, and other appropriate places determined by the board to
provide public accessibility.
    Subd. 3. Transmittal of public concerns. The board shall transmit public concerns
expressed at public information meetings to the department of energy.
History: 1984 c 453 s 11
116C.722 LEGAL AND TECHNICAL ASSISTANCE TO INDIAN TRIBES.
If an Indian tribal council that has jurisdiction over part of a potentially impacted area within
the state requests legal or technical assistance, the board shall provide assistance.
History: 1984 c 453 s 12
116C.723 CONSULTATION AND COOPERATION AGREEMENT.
    Subdivision 1. Requirement. Upon notice from the Department of Energy that Minnesota
contains a potentially impacted area, the chair of the council shall negotiate a consultation and
cooperation agreement with the federal government.
    Subd. 2. Disposal studies. Unless the state has executed a consultation and cooperation
agreement, a person may not make a study or test of a specific area or site related to disposal
including an exploratory drilling, a land survey, an aerial mapping, a field mapping, a waste
suitability study, or other surface or subsurface geologic, hydrologic, or environmental testing or
mapping.
History: 1984 c 453 s 13; 1Sp1985 c 13 s 244; 1986 c 444
116C.724 FIELD INVESTIGATIONS, TESTS, AND STUDIES.
    Subdivision 1.[Repealed, 1Sp1985 c 13 s 245]
    Subd. 2. Drilling. A permit shall be obtained from the Environmental Quality Board,
in accordance with chapter 14, for any geologic and hydrologic drilling related to disposal.
Conditions of obtaining and retaining the permit must be specified by rule and must include:
(1) compliance with state drilling and drill hole restoration rules as an exploratory boring
under chapter 103I;
(2) proof that access to the test site has been obtained by a negotiated agreement or other
legal process;
(3) payment by the permittee of a fee covering the costs of processing and monitoring
drilling activities;
(4) unrestricted access by the commissioner of health, the commissioner of natural resources,
the commissioner of the Pollution Control Agency, the director of the Minnesota Geological
Survey, the agent of a board of health as authorized under section 145A.04, and their employees
and agents to the drilling sites to inspect and monitor the drill holes, drilling operations, and
abandoned sites, and to sample air and water that may be affected by drilling;
(5) submission of splits or portions of a core sample, requested by the commissioner of
natural resources or director of the Minnesota Geological Survey, except that the commissioner
or director may accept certified data on the sample in lieu of a sample if certain samples are
required in their entirety by the permittee; and
(6) that a sample submitted may become property of the state.
    Subd. 3. Other requirements. (a) A person who conducts geologic, hydrologic, or
geophysical testing or studies shall provide unrestricted access to both raw and interpretive data to
the chair and the director of the Minnesota Geological Survey or their designated representatives.
The raw and interpretive data includes core samples, well logs, water samples and chemical
analyses, survey charts and graphs, and predecisional reports. Studies and data shall be made
available within 30 days of a formal request by the chair.
(b) A person proposing to investigate shall hold at least one public meeting before a
required permit is issued, and during the investigation at least once every three months, during
the investigation within the potentially impacted area. The meetings shall provide the public
with current information on the progress of the investigation. The person investigating shall
respond in writing to the Environmental Quality Board about concerns and issues raised at the
public meetings.
(c) Before a person engages in negotiations regarding property interests in land or water, or
permitting activities, the person shall notify the chair in writing. Copies of terms and agreements
shall also be provided to the chair.
History: 1984 c 453 s 14; 1Sp1985 c 13 s 245; 1985 c 248 s 70; 1986 c 444; 1987 c 186 s
15; 1987 c 309 s 24; 1995 c 186 s 32
116C.73 TRANSPORTATION OF RADIOACTIVE WASTES INTO STATE.
Notwithstanding any provision of sections 216C.05 to 216C.381 to the contrary, no person
shall transport radioactive wastes into the state of Minnesota for the purpose of disposal by burial
in soil or permanent storage within Minnesota unless expressly authorized by the Minnesota
legislature, except that radioactive wastes may be transported into the state for temporary storage
in accordance with applicable federal and state law for up to 12 months pending transportation
out of the state.
History: 1977 c 416 s 3; 1984 c 655 art 1 s 19; 1987 c 312 art 1 s 10
116C.731 TRANSPORTATION OF HIGH LEVEL RADIOACTIVE WASTE.
    Subdivision 1. Notification. Before a shipment of high level radioactive waste is transported
in the state, the shipper shall notify the commissioner of public safety. The notice shall include the
route, date, and time of the shipment in addition to information required under Code of Federal
Regulations, title 10, sections 71.5a and 73.37(f).
    Subd. 2. Highway route determination. Pursuant to Code of Federal Regulations, title
49, part 177, the commissioner may require preferred routes, dates, or times for transporting
high level radioactive waste if the commissioner determines, in accordance with United States
Department of Transportation "Guidelines for Selecting Preferred Highway Routes for Large
Quantity Shipments of Radioactive Materials," that alternatives are safer than those proposed. On
an annual basis the commissioner shall review federally approved highway routes for transporting
high level radioactive waste in the state and select new state-designated routes in accordance with
Code of Federal Regulations, title 49, part 177, if safety considerations indicate the alternate
routes would be preferable. The state does not incur any liability by requiring the alternate routes,
dates, or times to be used.
    Subd. 3. Transportation fee. A person who intends to transport high level radioactive waste
shall submit a transportation fee to the commissioner of public safety in the amount of $1,000 for
each vehicle carrying high level radioactive waste in each shipment with the information required
in subdivision 1. The fees shall be deposited by the commissioner into the general fund.
    Subd. 4. Emergency response plan. The commissioner of public safety shall consult with
the commissioners of health and transportation, the commissioner of the Pollution Control
Agency, and representatives of the federal Nuclear Regulatory Commission, the federal
Emergency Management Agency, and the United States Department of Transportation and before
December 1, 1984, shall prepare a plan for emergency response to a high level radioactive waste
transportation accident, including plans for evacuation and cleanup. The commissioner of public
safety shall report by January 1 of each year to the legislature on the status of the plan and the
ability of the state to respond adequately to an accident.
    Subd. 5. Applicability. This section does not apply to radioactive materials shipped by or
for the United States government for military, national security, or national defense purposes.
This section does not require disclosure of defense information or restricted data as defined in the
Atomic Energy Act of 1954, United States Code, title 42, section 2014, as amended.
History: 1984 c 453 s 15; 1987 c 186 s 15
116C.74 PENALTIES.
    Subdivision 1. Penalties. Any person who violates section 116C.72 or who causes
radioactive wastes to be shipped in violation of section 116C.73 shall be guilty of a gross
misdemeanor and subject to a fine of not more than $20,000 or a sentence of imprisonment
of not more than one year, or both.
    Subd. 2. Violations; penalties. (a) A person who violates section 116C.723, 116C.724,
or 116C.731 is:
(1) guilty of a misdemeanor and is subject to a fine of not more than $20,000; and
(2) subject to a civil penalty of not more than $10,000 for each day of violation, payable to
the state, and may be ordered by the court to pay to the state an additional sum as compensation
for cleanup and for pollution, destruction, or impairment of the environment, including but not
limited to contamination of water supplies or water aquifers.
(b) A violation of section 116C.723, 116C.724, or 116C.731 may be enjoined as provided by
law in an action in the name of the state brought by the attorney general.
(c) This subdivision does not limit other remedies otherwise available to either the state or
private parties for violations of section 116C.723, 116C.724, or 116C.731.
History: 1977 c 416 s 4; 1984 c 453 s 16; 1984 c 628 art 3 s 11; 1987 c 384 art 2 s 1
116C.75 DEFINITIONS.
    Subdivision 1. Applicability. The definitions in this section apply to this section and section
116C.76.
    Subd. 2. Groundwater. "Groundwater" means the water contained below the surface of the
earth in the saturated zone including, without limitation, all waters whether under confined,
unconfined, or perched conditions, in near surface unconsolidated sediment or regolith, or in
rock formations deeper underground.
    Subd. 3. Undisturbed performance. "Undisturbed performance" means the predicted
behavior of a radioactive waste management facility, including consideration of the uncertainties
in predicted behavior, if the radioactive waste management facility is not disrupted by human
intrusion or unlikely natural events.
History: 1986 c 425 s 10
116C.76 NUCLEAR WASTE DEPOSITORY RELEASE INTO GROUNDWATER.
    Subdivision 1. Radionuclide release levels. Radioactive waste management facilities for
spent nuclear fuel or high-level radioactive wastes must be designed to provide a reasonable
expectation that the undisturbed performance of the radioactive waste management facility will
not cause the radionuclide concentrations, averaged over any year, in groundwater to exceed:
(1) five picocuries per liter of radium-226 and radium-228;
(2) 15 picocuries per liter of alpha-emitting radionuclides including radium-226 and
radium-228, but excluding radon; or
(3) the combined concentrations of radionuclides that emit either beta or gamma radiation
that would produce an annual dose equivalent to the total body of any internal organ greater
than four millirems per year if an individual consumed two liters per day of drinking water
from the groundwater.
    Subd. 2. Disposal restricted. The location or construction of a radioactive waste
management facility for high-level radioactive waste is prohibited where the average annual
radionuclide concentrations in groundwater before construction of the facility exceed the limits in
subdivision 1.
    Subd. 3. Protection against radionuclide release. Radioactive waste management facilities
must be selected, located, and designed to keep any allowable radionuclide releases to the
groundwater as low as reasonably achievable.
History: 1986 c 425 s 11

RADIOACTIVE WASTE MANAGEMENT FACILITY AUTHORIZATION

116C.77 LEGISLATIVE AUTHORIZATION FOR INDEPENDENT SPENT FUEL
STORAGE INSTALLATION AT PRAIRIE ISLAND.
The legislature recognizes that:
(1) the Minnesota Environmental Quality Board on May 16, 1991, reviewed and found
adequate a final environmental impact statement ("EIS") on the proposal to construct and operate
a dry cask storage facility for the temporary storage of spent nuclear fuel from the Prairie Island
nuclear generating plant;
(2) the United States Nuclear Regulatory Commission reviewed and approved a safety
analysis report on the facility and on October 19, 1993, granted a license for the facility; and
(3) the Public Utilities Commission in Docket No. E002/CN-91-91 reviewed the facility and
approved a limited certificate of need approving the use of casks.
The Minnesota legislature in compliance with section 116C.72, hereby ratifies and approves
the EIS and the limited certificate of need and authorizes the use of casks at Prairie Island
in accordance with the terms and conditions of the certificate of need as modified by Laws
1994, chapter 641, and without further environmental review under chapter 116D or further
administrative review under section 216B.243.
History: 1994 c 641 art 1 s 1
116C.771 ADDITIONAL CASK LIMITATIONS.
(a) Five casks may be filled and used at Prairie Island on May 11, 1994.
(b) An additional four casks may be filled and used at Prairie Island if the Environmental
Quality Board determines that, by December 31, 1996, the public utility operating the Prairie
Island plant has filed a license application with the United States Nuclear Regulatory Commission
for a spent nuclear fuel storage facility off of Prairie Island in Goodhue County, is continuing to
make a good faith effort to implement the site, and has constructed, contracted for construction
and operation, or purchased installed capacity of 100 megawatts of wind power in addition to
wind power under construction or contract on May 11, 1994.
(c)(1) An additional eight casks may be filled and placed at Prairie Island if the legislature
has not revoked the authorization under clause (2) or the public utility has satisfied the wind
power and biomass mandate requirements in sections 216B.2423, subdivision 1, paragraph (a),
clause (1), and 216B.2424, subdivision 5, paragraph (a), clause (1), and the alternative site in
Goodhue County is operational or under construction. (2) If the site is not under construction or
operational or the wind mandates are not satisfied, the legislature may revoke the authorization
for the additional eight casks by a law enacted prior to June 1, 1999.
(d) Except as provided under paragraph (e), dry cask storage capacity for high-level nuclear
waste within the state may not be increased beyond the casks authorized by section 116C.77
or their equivalent storage capacity.
(e) This section does not prohibit a public utility from applying for or the Public Utilities
Commission from granting a certificate of need for dry cask storage to accommodate the
decommissioning of a nuclear power plant within this state.
History: 1994 c 641 art 1 s 2
116C.772 PUBLIC UTILITY RESPONSIBILITIES.
    Subdivision 1. Definition. For the purpose of this section, "public utility" means the public
utility operating the Prairie Island nuclear generating plant.
    Subd. 2. Dry cask alternatives study. The public utility must submit to the Legislative
Electric Energy Task Force a reevaluation of all alternatives and combinations of those
alternatives to dry cask storage.
    Subd. 3. Worker transition plan. The public utility must submit to the Department of
Employment and Economic Development a worker transition plan if there is a shutdown of the
Prairie Island nuclear generating plant for longer than six months.
    Subd. 4. Nuclear power phase-out plan. The public utility must submit to the Electric
Energy Task Force a detailed plan for the phase-out of all nuclear power generated by the utility.
    Subd. 5. Decommissioning plan. The public utility must submit to the Electric Energy Task
Force a decommissioning plan for TN-40 storage casks after the casks are emptied of spent fuel.
History: 1994 c 483 s 1; 1994 c 641 art 1 s 3; 2004 c 206 s 52
116C.773 CONTRACTUAL AGREEMENT.
The authorization for dry casks contained in section 116C.77 is not effective until the
governor, on behalf of the state, and the public utility operating the Prairie Island nuclear plant
enter into an agreement binding the parties to the terms of sections 116C.771 and 116C.772
and the mandate for 200 megawatts of wind power and 75 megawatts of biomass required by
December 31, 2002, in sections 216B.2423, subdivision 1, and 216B.2424. The Mdewakanton
Dakota Tribal Council at Prairie Island is an intended third-party beneficiary of this agreement
and has standing to enforce the agreement.
History: 1994 c 641 art 1 s 4
116C.774 AUTHORIZATION.
To the extent that the Radioactive Waste Management Act, section 116C.72, requires
legislative authorization of the operation of certain facilities, this section expressly authorizes the
continued operation of the Monticello nuclear generating plant spent nuclear fuel pool storage
facility and the Prairie Island nuclear generating plant spent nuclear fuel pool storage facility.
History: 1994 c 641 art 1 s 5
116C.775 SHIPMENT PRIORITIES; PRAIRIE ISLAND.
If a storage or disposal site becomes available outside of the state to accept high-level nuclear
waste stored at Prairie Island, the waste contained in dry casks shall be shipped to that site before
the shipment of any waste from the spent nuclear fuel storage pool. Once waste is shipped that
was contained in a cask, the cask must be decommissioned and not used for further storage.
History: 1994 c 641 art 1 s 6
116C.776 ALTERNATIVE CASK TECHNOLOGY FOR SPENT FUEL STORAGE.
If the Public Utilities Commission determines that casks or other containers that allow for
transportation as well as storage of spent nuclear fuel exist and are economically feasible for
storage and transportation of spent nuclear fuel generated by the Prairie Island nuclear power
generating plant, the commission shall order their use to replace use of the casks that are only
usable for storage, but not transportation. If the commission orders use of dual-purpose casks
under this section, it must authorize use of a number of dual-purpose casks that provides the same
total storage capacity that is authorized under sections 116C.77 to 116C.779; provided, that the
total cask storage capacity permitted under sections 116C.77 to 116C.779 may not exceed the
capacity of the TN-40 casks authorized under section 116C.77.
History: 1994 c 641 art 1 s 7
116C.777 SITE.
The spent fuel contents of dry casks located on Prairie Island must be moved immediately
upon the availability of another site for storage of the spent fuel that is not located on Prairie Island.
History: 1994 c 641 art 1 s 8
116C.778 RERACKING.
The spent fuel storage pool at Prairie Island may be reracked a third time. The reracking does
not require legislative authorization but is subject to other applicable state review. The additional
storage capacity added by the third reracking and utilized when added to the total storage capacity
of dry cask storage utilized, cannot exceed the total capacity of 17 TN-40 casks.
History: 1994 c 641 art 1 s 9
116C.779 FUNDING FOR RENEWABLE DEVELOPMENT.
    Subdivision 1. Renewable development account. (a) The public utility that owns the Prairie
Island nuclear generating plant must transfer to a renewable development account $16,000,000
annually each year the plant is in operation, and $7,500,000 each year the plant is not in operation
if ordered by the commission pursuant to paragraph (c). The fund transfer must be made if nuclear
waste is stored in a dry cask at the independent spent-fuel storage facility at Prairie Island for
any part of a year. Funds in the account may be expended only for development of renewable
energy sources. Preference must be given to development of renewable energy source projects
located within the state.
(b) Expenditures from the account may only be made after approval by order of the Public
Utilities Commission upon a petition by the public utility.
(c) After discontinuation of operation of the Prairie Island nuclear plant and each year spent
nuclear fuel is stored in dry cask at the Prairie Island facility, the commission shall require the
public utility to pay $7,500,000 for any year in which the commission finds, by the preponderance
of the evidence, that the public utility did not make a good faith effort to remove the spent
nuclear fuel stored at Prairie Island to a permanent or interim storage site out of the state. This
determination shall be made at least every two years.
    Subd. 2. Renewable energy production incentive. (a) Until January 1, 2018, up to
$10,900,000 annually must be allocated from available funds in the account to fund renewable
energy production incentives. $9,400,000 of this annual amount is for incentives for up to 200
megawatts of electricity generated by wind energy conversion systems that are eligible for the
incentives under section 216C.41. The balance of this amount, up to $1,500,000 annually, may
be used for production incentives for on-farm biogas recovery facilities that are eligible for the
incentive under section 216C.41 or for production incentives for other renewables, to be provided
in the same manner as under section 216C.41. Any portion of the $10,900,000 not expended in
any calendar year for the incentive is available for other spending purposes under this section.
This subdivision does not create an obligation to contribute funds to the account.
(b) The Department of Commerce shall determine eligibility of projects under section
216C.41 for the purposes of this subdivision. At least quarterly, the Department of Commerce
shall notify the public utility of the name and address of each eligible project owner and the
amount due to each project under section 216C.41. The public utility shall make payments within
15 working days after receipt of notification of payments due.
History: 1994 c 641 art 1 s 10; 1999 c 200 s 1; 1Sp2003 c 11 art 2 s 1; 1Sp2005 c 1 art 4 s 14
116C.80 [Repealed, 1Sp2003 c 11 art 3 s 16]
116C.81 [Renumbered 116C.40]
116C.82 [Renumbered 116C.41]
116C.83 AUTHORIZATION FOR ADDITIONAL DRY CASK STORAGE.
    Subdivision 1. Authorization to end of current Prairie Island license. Subject to the
dry cask storage limits of the federal license for the independent spent-fuel storage installation
at Prairie Island, the public utility that owns the Prairie Island nuclear generation plant has
authorization for sufficient dry cask storage capacity at that installation to allow:
(1) the unit 1 reactor at Prairie Island to operate until the end of its current license in 2013; and
(2) the unit 2 reactor at Prairie Island to operate until the end of its current license in 2014.
    Subd. 2. Commission process for future additional authorization. Authorization of
any additional dry cask storage other than that provided for in subdivision 1, or expansion or
establishment of an independent spent-fuel storage facility at a nuclear generation facility in this
state, is subject to approval of a certificate of need by the Public Utilities Commission pursuant to
section 216B.243. In any proceeding under this subdivision, the commission may make a decision
that could result in a shutdown of a nuclear generating facility. In considering an application for
a certificate of need pursuant to this subdivision, the commission may consider whether the
public utility that owns the nuclear generation facility in the state is in compliance with section
216B.1691 and the utility's past performance under that section.
    Subd. 3. Legislative review. (a) To allow opportunity for review by the legislature, a
decision by the commission on an application for a certificate of need pursuant to subdivision 2 is
stayed until the June 1 following the next regular annual session of the legislature that begins after
the date of the commission decision. By January 15 of the year of that legislative session, the
commission shall issue a report to the chairs of the house and senate committees with jurisdiction
over energy and environmental policy issues, providing a summary of the commission's decision
and the grounds for that decision, the alternatives considered and rejected by the commission,
and the reasons for rejecting those alternatives. If the legislature does not modify or reject the
commission's decision by law enacted during that regular legislative session, the commission's
decision shall become effective on the expiration of the stay.
(b) The stay of a commission decision to approve an application for a certificate of need for
additional dry cask storage under subdivision 2 does not apply to the fabrication of the spent-fuel
storage casks. However, if the utility proceeds with the fabrication of casks, it does so bearing the
risk of an adverse legislative decision.
    Subd. 4. Other conditions. (a) The storage of spent nuclear fuel in the pool and in dry casks
at a nuclear generating plant must be managed to facilitate the shipment of waste out of state to a
permanent or interim storage facility as soon as feasible in a manner that allows the continued
operation of the plant consistent with sections 116C.71 to 116C.83 and 216B.1645, subdivision 4.
(b) The authorization for storage capacity pursuant to this section is limited to the storage
of spent nuclear fuel generated by a Minnesota nuclear generation facility and stored on the site
of that facility.
    Subd. 5. Water standards. The standards established in section 116C.76, subdivision 1,
clauses (1) to (3), apply to an independent spent-fuel installation. Such an installation must be
operated in accordance with those standards.
    Subd. 6. Environmental review and protection. (a) The siting, construction, and operation
of an independent spent-fuel storage installation located on the site of a Minnesota generation
facility for dry cask storage of spent nuclear fuel generated solely by that facility is subject to
all environmental review and protection provisions of this chapter and chapters 115, 115B, 116,
116B, 116D, and 216B, and rules associated with those chapters, except those statutes and rules
that apply specifically to a radioactive waste management facility as defined in section 116C.71,
subdivision 7
.
(b) An environmental impact statement is required under chapter 116D for a proposal
to construct and operate a new or expanded independent spent-fuel storage installation. The
commissioner of the Department of Commerce shall be the responsible governmental unit for
the environmental impact statement. Prior to finding the statement adequate, the commissioner
must find that the applicant has demonstrated that the facility is designed to provide a reasonable
expectation that the operation of the facility will not result in groundwater contamination in
excess of the standards established in section 116C.76, subdivision 1, clauses (1) to (3).
History: 1Sp2003 c 11 art 1 s 2; 2005 c 97 art 3 s 19

MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT

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 2021j), as amended through December 31, 1985, has provided for and encouraged the
development of low-level radioactive waste compacts as a tool for 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 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 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
disposal compact for the purpose of:
1. Providing the instrument and framework for a cooperative effort;
2. Providing sufficient facilities for the proper 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 dispose of
low-level radioactive waste generated in the region;
5. Encouraging source reduction and the environmentally sound treatment of waste that is
generated to minimize the amount of waste to be disposed of;
6. Ensuring that the costs, expenses, liabilities, and obligations of low-level radioactive
waste disposal are paid by generators and other persons who use compact facilities to dispose
of their waste;
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 environmentally sound, economical, 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 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.
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," 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.
g. "Disposal plan" means the plan adopted by the Commission for the disposal of waste
within the region.
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 for the 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.
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 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. 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.
k. "Host state" means any state which is designated by the Commission to host a 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.
m. "Low-level radioactive waste" or "waste" means radioactive waste that is not classified as
high-level radioactive waste 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.
o. "Party state" means any eligible state that enacts 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.
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.
q. "Region" means the area of the party states.
r. "Site" means the geographic location of a facility.
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.
t. "Storage" means the temporary holding of waste.
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.
v. "Waste management," "manage waste," "management of waste," "management," or
"managed" means the storage, 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. Except as otherwise specifically
provided in this compact, an action of the Commission is binding if a majority of the total
membership 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 Administrative Procedure Act compiled at United States Code, title 5, sections 500 to 559,
in regard to notice, conduct, and recording of meetings; access by the public to records; provision
of information to the public; conduct of adjudicatory hearings; and issuance of decisions.
d. The Commission shall meet at least once annually and shall also meet upon the call of the
chairperson or 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. 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.
2. Review any emergency closing of a compact facility, determine the appropriateness of
that closing, and take whatever lawful actions are necessary to ensure that the interests of the
region are protected.
3. Take any action which is appropriate and necessary to perform its duties and functions as
provided in this compact.
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. Submit an annual report to, and otherwise communicate with, the governors and the
appropriate officers of the legislative bodies of the party states regarding the activities of the
Commission.
2. 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 disposal plan
which designates host states for the establishment of needed compact facilities.
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 for the Commission shall be provided as follows:
1. 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. Cover the annual budget of the Commission;
b. 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. 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 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 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 a legal entity separate and distinct from the party states. Members of
the Commission and its employees are not personally liable for actions taken by them in their
official capacity. 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 DISPOSAL PLAN
The Commission shall adopt and periodically update a regional disposal plan designed to
ensure the safe and efficient disposal of waste generated within the region. In adopting a regional
waste 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 compact facilities which are presently necessary and which are
projected to be necessary to dispose of waste generated within the region;
b. Develop and adopt procedures and criteria for identifying a party state as a host state for a
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 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 impacts on the air, land and water resources of the party states;
6. The economic impacts on the party states.
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 compact
facility;
d. Prepare a draft disposal plan and any update thereof, including procedures, criteria, and
host states, 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 disposal plan. The 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
disposed of at 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 articles VI.l., VI.s., VIII.d.,
IX.d., 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. 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, 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.
b. If not all compact facilities required by the regional disposal plan are developed pursuant
to article VI.a. of this compact, the Commission may designate a host state.
c. After a state is designated a host state by the Commission, it is responsible for 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 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 compact facility site 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.
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.
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 long-term care of that facility.
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 shall establish a system of fees to be collected from the users of any compact
facility within its borders. The fee system, and the costs paid through the system, shall be
reasonable and equitable. The fee system shall be subject to the Commission's approval. The fee
system shall provide the host state with sufficient revenue to pay costs associated with the compact
facility, including, but not limited to, the 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 shall include
incentives for source reduction and shall be based on the hazard of the waste as well as the volume.
k. A host state shall ensure that a compact facility located within its borders that is
permanently closed is properly 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.
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 compact shall not prevent an emergency closing of a compact facility by a host state
to protect air, land and water resources and the health and safety of all people who may be affected
by the facility. A host state that has an emergency closing of a 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.
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 generator from storing or 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;
8. Requires a party state to enter into any agreement with the U.S. Nuclear Regulatory
Commission; or
9. 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. If a court of the United States finally determines that a law of a party state conflicts with
this compact, 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. Any state may petition the Commission 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 the member from each host 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 when the state enacts this compact into
law and pays the eligibility fee established by the Commission.
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.
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 and by receiving
the unanimous consent of the Commission. Withdrawal 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.
d. Any party state that fails to comply with the terms of this compact or fails to fulfill its
obligations may have 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 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 on the date specified in
the resolution revoking the party state's membership. All legal rights of the 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 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,
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 upon enactment by at least three eligible states and
consent to this compact by the Congress. The consent given to this compact by the Congress shall
extend to any future admittance of new party states and to the power of the Commission to regulate
the shipment and disposal of waste and disposal of naturally occurring and accelerator-produced
radioactive material pursuant to 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, 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 does not affect the applicability of this compact to the
remaining party states.
i. 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. 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 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 access to the compact facility in the host state by any generator, transporter, or collector
responsible for the violation.
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 provision of this compact is
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 application thereof to any person or circumstance
is held invalid, the validity of the remainder of this compact to that person or circumstance and
the applicability of the entire compact to any 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.
History: 1983 c 353 s 1; 1996 c 428 s 1
116C.832 DEFINITIONS.
    Subdivision 1. Terms defined in compact. The terms defined in article II of the Midwest
Interstate Low-Level Radioactive Waste Compact have the meanings given them for the purposes
of sections 116C.833 to 116C.849.
    Subd. 2.[Repealed, 1996 c 428 s 14]
    Subd. 3. Agency. "Agency" means the Pollution Control Agency.
    Subd. 4.MS 1990 [Renumbered subd 5]
    Subd. 4. Commissioner. "Commissioner" means the commissioner of the Pollution Control
Agency.
    Subd. 5.MS 1990 [Renumbered subd 4]
    Subd. 5. Compact. "Compact" means the Midwest Interstate Low-Level Radioactive Waste
Compact.
    Subd. 5a. Committee. "Committee" means the Facility Siting Policy Development
Committee established under section 116C.842.
    Subd. 6. Interstate Commission. "Interstate Commission" means the Midwest Interstate
Low-Level Radioactive Waste Commission.
    Subd. 7.[Repealed, 1996 c 428 s 14]
    Subd. 8.[Repealed, 1996 c 428 s 14]
History: 1983 c 353 s 2; 1987 c 186 s 15; 1987 c 311 s 1-3; 1996 c 428 s 2,3
116C.833 COMPACT COMMISSION MEMBER.
    Subdivision 1. Commissioner. The commissioner of the Pollution Control Agency shall
serve as Minnesota's voting member of the Interstate Commission. The commissioner shall tender
the state's membership fee to the Interstate Commission by August 1, 1983, or, if the commission
has not come into existence by August 1, 1983, when the first meeting of the commission is
convened as provided in the compact.
    Subd. 2. Biennial report. In addition to other duties specified in sections 116C.833 to
116C.843, the commissioner shall report 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.
History: 1983 c 353 s 3; 1987 c 186 s 15; 1996 c 428 s 4
116C.834 ASSESSMENT OF GENERATORS.
    Subdivision 1. Costs. All costs incurred by the state to carry out its responsibilities under
the compact and under sections 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. 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:
(1) the state contribution required to join the compact;
(2) the expenses of the commission member and state agency costs incurred to support
the work of the Interstate Commission; and
(3) regulatory costs.
The fees are exempt from section 16A.1285.
    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.
    Subd. 2. Collection and deposit. Fees assessed under subdivision 1 shall be collected by
the commissioner of revenue. All money received pursuant to this subdivision shall be deposited
in the environmental fund.
History: 1983 c 353 s 4; 1987 c 311 s 4; 1996 c 305 art 3 s 19; 1996 c 428 s 5,6; 1997 c 216
s 119; 1999 c 250 art 3 s 20; 2003 c 128 art 2 s 41
116C.835 ENFORCEMENT OF COMPACT AND LAWS.
    Subdivision 1. Criminal penalties. Any person who willfully or negligently violates any
provision of the compact upon conviction is guilty of a misdemeanor, and is subject to a fine of
not more than $2,500 in the event of a willful violation or not more than $300 in the event of a
negligent violation. A second conviction of the same provision after a first conviction is punishable
by a fine of not more than $50,000, or by imprisonment for not more than two years, or both.
Any person who knowingly fails to provide information requested under section 116C.840
or who knowingly makes any false statement, representation, or certification of any information
requested under section 116C.840 is subject to a fine of not more than $20,000, or imprisonment
for not more than six months, or both.
    Subd. 2. Civil penalties. Any person who violates any provision of the compact or of section
116C.834 or 116C.840 shall forfeit and pay to the state a penalty, in an amount to be determined
by the court, of not more than $10,000 per day of violation. The civil penalties provided in this
subdivision may be recovered by a civil action brought by the attorney general in the name of
the state.
    Subd. 3. Injunction. Any violation of the provisions of the compact may be enjoined as
provided by law in an action, in the name of the state, brought by the attorney general.
    Subd. 4. Action to compel performance. In any action to compel performance of an
obligation created by the compact the court may require any person who is adjudged responsible
to do and perform any and all acts and things within that person's power which are reasonably
necessary to fulfill the obligation.
    Subd. 5. Recovery of litigation costs and expenses. In any action brought by the attorney
general, in the name of the state for civil penalties, injunctive relief, or in an action to compel
compliance, if the state prevails and if the violation was willful, the state, in addition to other
penalties provided in this section, may be allowed an amount determined by the court to be the
reasonable value of all or a part of the litigation expenses incurred by the state. All amounts
recovered by the state under the provisions of subdivisions 1 to 5 shall be deposited in the general
fund.
    Subd. 6. Effect on state. Nothing in this section shall be construed to permit any action or
remedy against the state for violation of any provision of the compact. The sole remedies for such
a violation are those provided in the compact.
History: 1983 c 353 s 5; 1984 c 628 art 3 s 11; 1986 c 444; 1996 c 428 s 7
116C.836 ACTIONS CONCERNING INTERSTATE COMMISSION AND PARTY
STATES.
    Subdivision 1. Enforcement of commission decisions. A final decision of the Interstate
Commission in any matter within its jurisdiction may be enforced by the attorney general in the
name of the state in any court of competent jurisdiction.
    Subd. 2. Proceedings against party state or commission. The attorney general, in the
name of the state, may:
(1) initiate a proceeding against another party state as provided in article IX, section e.
of the compact, and may appeal decisions of the Interstate Commission as provided in article
III, section n.; or
(2) 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.
History: 1983 c 353 s 6; 1996 c 428 s 8
116C.837 [Repealed, 1996 c 428 s 14]
116C.838 EFFECT ON EXISTING STATE LAW.
Except as otherwise provided in section 116C.842, subdivision 4, it is the intent of this state
as a party to the compact to apply and enforce its laws and rules relating to environmental review,
siting of facilities, and protection of the environment and public health with respect to the location,
construction, and regulation of any regional low-level radioactive waste facility in this state.
History: 1983 c 353 s 8
116C.839 [Repealed, 1996 c 428 s 14]
116C.840 DUTY TO PROVIDE INFORMATION.
    Subdivision 1. Required information. Any generators of low-level radioactive waste and
any person engaged in transporting or disposing of low-level radioactive waste, when requested
by the agency or any member, employee, or agent thereof who is authorized by the agency, shall
furnish information needed by the agency to carry out its responsibilities under the compact and
under sections 116C.833 to 116C.843.
    Subd. 2. Classification. Except as otherwise provided in this subdivision, data obtained from
any person pursuant to subdivision 1 is public data as defined in section 13.02. Upon certification
by the generator that the data relates to sales figures, processes, or methods of production unique
to that person, or information which would tend to affect adversely the competitive position of
that person, the agency shall classify the data as nonpublic data as defined in section 13.02.
The agency may disclose data classified as nonpublic under this subdivision to the Interstate
Commission, when relevant in any proceeding under section 116C.835, or when necessary to
carry out its responsibilities under sections 116C.833 to 116C.843.
    Subd. 3.[Repealed, 1996 c 428 s 14]
History: 1983 c 353 s 10
116C.841 [Repealed, 1996 c 428 s 14]
116C.842 CONTINGENT PROVISIONS.
    Subdivision 1.[Repealed, 1996 c 428 s 14]
    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.
    Subd. 2.[Repealed, 1996 c 428 s 14]
    Subd. 2a. Administration. The Environmental Quality Board shall provide administrative
assistance to the committee.
    Subd. 3.[Repealed, 1996 c 428 s 14]
    Subd. 3a. Compensation. The citizen members of the committee shall be compensated as
provided in section 15.0575.
    Subd. 3b. Termination. The committee is terminated upon reporting its recommendations to
the governor and legislature in accordance with subdivision 1a.
    Subd. 4. Certain law not applicable. In the event that Minnesota is designated by the
Interstate Commission to be a host state for a regional low-level radioactive waste facility, the
provisions of sections 116C.71 to 116C.74 shall not apply to the authorization or siting of that
facility, or transportation of wastes to that facility.
History: 1983 c 353 s 12; 1987 c 186 s 15; 1987 c 311 s 5; 1996 c 428 s 9-12
116C.843 CONGRESSIONAL CONDITIONS ON COMPACT CONSENT.
In the event that congressional consent to the compact carries with it conditions that
materially change the provisions agreed to by the party states, the state reserves the option to
terminate further participation in the compact.
History: 1983 c 353 s 13
116C.845 [Repealed, 1996 c 428 s 14]
116C.846 [Repealed, 1996 c 428 s 14]
116C.847 [Repealed, 1996 c 428 s 14]
116C.848 [Repealed, 1996 c 428 s 14]
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.
History: 1996 c 428 s 13
116C.851 [Repealed, 1990 c 600 s 8]
116C.852 [Repealed, 1990 c 600 s 8]

GENETICALLY ENGINEERED ORGANISMS

116C.91 DEFINITIONS.
    Subdivision 1. Scope. As used in sections 116C.91 to 116C.97, the terms defined in this
section have the meanings given them.
    Subd. 2. Board. "Board" means the Environmental Quality Board.
    Subd. 3. Genetic engineering. "Genetic engineering" means the introduction of new genetic
material to an organism or the regrouping of an organism's genes using techniques or technology
designed by humans. This does not include selective breeding, hybridization, or nondirected
mutagenesis.
    Subd. 4. Genetically engineered organism. "Genetically engineered organism" means an
organism derived from genetic engineering.
    Subd. 5. Organism. "Organism" means any animal, plant, bacterium, cyanobacterium,
fungus, protist, or virus.
    Subd. 6. Release. "Release" means the placement or use of a genetically engineered
organism outside a contained laboratory, greenhouse, building, structure, or other similar facility
or under any other conditions not specifically determined by the board to be adequately contained.
    Subd. 7. Significant environmental permit. "Significant environmental permit" means a
permit issued by a state agency with the authority to deny, modify, revoke, or place conditions on
the permit in compliance with the requirements of sections 116C.91 to 116C.96, chapter 116D,
and the rules adopted under them.
History: 1989 c 346 s 2; 1991 c 250 s 28; 1994 c 454 s 9; 1997 c 7 art 1 s 38
116C.92 COORDINATION OF ACTIVITIES.
The Environmental Quality Board is designated the state coordinating organization for state
and federal regulatory activities relating to genetically engineered organisms.
History: 1989 c 346 s 3
116C.93 ADVISORY COMMITTEE.
The board shall establish an advisory committee on genetically engineered organisms to
provide advice at the request of the board on general issues involving genetic engineering
and on issues relating to specific proposals, including the identification of research needed for
adequate regulation of field trials.
History: 1989 c 346 s 4
116C.94 RULES.
    Subdivision 1. General authority. The board shall adopt rules consistent with sections
116C.91 to 116C.96 that require an environmental assessment worksheet and otherwise comply
with chapter 116D and rules adopted under it for a proposed release and a permit for a release.
The board may place conditions on a permit and may deny, modify, suspend, or revoke a permit.
    Subd. 2. Significant environmental permit. The rules shall provide that the board shall
authorize an agency with a significant environmental permit to administer the regulatory oversight
for the release of certain genetically engineered organisms.
    Subd. 3. Commercialization. The board may adopt rules providing exemptions to the
requirements to prepare an environmental assessment worksheet and obtain a permit for releases
of genetically engineered organisms for which substantial evidence from past releases has shown
to the board's satisfaction that the organism can be released without jeopardizing public health
or the environment.
    Subd. 4. Alternative regulatory oversight. The board may adopt rules providing alternative
regulatory oversight to the requirements to prepare an environmental assessment worksheet and
obtain a permit for releases of genetically engineered organisms for which substantial evidence
from past experience, including releases and laboratory data, has shown to the board's satisfaction
that the alternative oversight will protect public health and the environment.
    Subd. 5. Rules; federal oversight. The board may adopt rules to implement the authorities
granted to it in section 116C.97, subdivision 2.
    Subd. 6. Consultation. The board shall consult with local units of government and with
private citizens before adopting any rules.
History: 1989 c 346 s 5; 1991 c 250 s 29; 1994 c 454 s 10
116C.95 LIABILITY.
Rules established by the board under section 116C.94 shall not affect liability under any
other law or regulation for adverse effects resulting from activities relating to genetically
engineered organisms.
History: 1989 c 346 s 6
116C.96 COST REIMBURSEMENT.
The board shall assess the proposer of a release for the necessary and reasonable costs
of processing exemptions from a release permit under rules authorized by sections 116C.94,
subdivisions 1, 3, and 4
, and 116C.97, subdivision 2, paragraph (c), or applications for a release
permit. An estimated budget shall be prepared for each exemption or application by the chair
of the board. The proposer must remit 25 percent of the estimated budget within 14 days of the
receipt of the estimated budget from the chair. The unpaid balance shall be billed in periodic
installments, due upon receipt of an invoice from the chair. Costs in excess of the estimated
budget must be certified by the board and upon certification constitute prima facie evidence that
the expenses are reasonable and necessary and shall be charged to the proposer. The proposer
may review all actual costs and present objections to the board, which may modify the cost or
determine that the cost assessed is reasonable. The assessment paid by the proposer shall not
exceed the sum of the costs incurred. All money received under this section shall be deposited in
the special account established under section 116D.045, subdivision 3, for the purpose of paying
costs incurred in processing exemptions and applications.
History: 1991 c 250 s 30; 1994 c 454 s 11
116C.97 EXEMPTIONS.
    Subdivision 1. Human gene therapy. The requirements of sections 116C.91 to 116C.96 and
of the rules of the board adopted pursuant to section 116C.94 do not apply to genetic engineering
of human germ cells and human somatic cells intended for use in human gene therapy.
    Subd. 2. Federal oversight. (a) If the board determines, upon its own volition or at the
request of any person, that a federal program exists for regulating the release of certain genetically
engineered organisms and the federal oversight under the program is adequate to protect human
health or the environment, then any person may release such genetically engineered organisms
after obtaining the necessary federal approval and without obtaining a state release permit or a
significant environmental permit or complying with the other requirements of sections 116C.91 to
116C.96 and the rules of the board adopted pursuant to section 116C.94.
(b) If the board determines the federal program is adequate to meet only certain requirements
of sections 116C.91 to 116C.96 and the rules of the board adopted pursuant to section 116C.94,
the board may exempt such releases from those requirements.
(c) A person proposing a release for which a federal authorization is required may apply
to the board for an exemption from the board's permit or to a state agency with a significant
environmental permit for the proposed release for an exemption from the agency's permit. The
proposer must file with the board or state agency a written request for exemption with a copy
of the federal application and the information necessary to determine if there is a potential for
significant environmental effects under chapter 116D and rules adopted under it. The board or
state agency shall give public notice of the request in the first available issue of the EQB Monitor
and shall provide an opportunity for public comment on the environmental review process
consistent with chapter 116D and rules adopted under it. The board or state agency may grant the
exemption if the board or state agency finds that the federal authorization issued is adequate to
meet the requirements of chapter 116D and rules adopted under it and any other requirement of
the board's or state agency's authority regarding the release of genetically engineered organisms.
The board or state agency must grant or deny the exemption within 45 days after the receipt of the
written request and the information required by the board or state agency.
History: 1994 c 454 s 12
116C.98 [Repealed, 1994 c 454 s 13; 20 SR 1037]