KRS § 211.859 — KY Code / Title XVIII / Chapter 211 / Section 211.859
211.859 Central Midwest Interstate Low-Level Radioactive Waste Compact
Status: in_force

211.859 Central Midwest Interstate Low-Level Radioactive Waste Compact.

The Central Midwest Interstate Low-Level Radioactive Waste Compact is approved in

the form as follows:

ARTICLE I

POLICY AND PURPOSE

There is created the Central 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 (Title 42 U.S.C. sec. 2021), has

provided for and encouraged the development of low-level radioactive waste compacts as

a tool for managing such waste. The party states also recognize that the management of

low-level radioactive waste is handled most efficiently on a regional basis; and, that the

safe and efficient management of low-level radioactive waste generated within the region

requires that sufficient capacity to manage such waste be properly provided.

(a) It is the policy of the party states to enter into a regional low-level radioactive

waste management compact for the purpose of:

(1) Providing the instrument and framework for a cooperative effort;

(2) Providing sufficient facilities for the proper management of low-level

radioactive waste generated in the region;

(3) Protecting the health and safety of the citizens of the region;

(4) Limiting the number of facilities required to manage low-level radioactive

waste generated in the region effectively and efficiently;

(5) Promoting the volume and source reduction of low-level radioactive waste

generated in the region;

(6) Distributing the costs, benefits and obligations of successful low-level

radioactive waste management equitably among the party states and among generators

and other persons who use regional facilities to manage their waste;

(7) Ensuring the ecological and economical management of low-level radioactive

waste, including the prohibition of shallow-land burial of waste; and

(8) Promoting the use of above-ground facilities and other disposal technologies

providing greater and safer confinement of low-level radioactive waste than shallow-land

burial facilities.

(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) "Commission" means the Central Midwest Interstate Low-Level Radioactive

Waste Commission.

(b) "Decommissioning" means the measures taken at the end of a facility's

operating life to assure the continued protection of the public from any residual

radioactivity or other potential hazards present at a facility.

(c) "Disposal" means the isolation of waste from the biosphere in a permanent

facility designed for that purpose.

(d) "Eligible state" means either the State of Illinois or the Commonwealth of

Kentucky.

(e) "Extended care" means the continued observation of a facility after closure for

the purpose of detecting a need for maintenance, ensuring environmental safety, and

determining compliance with applicable licensure and regulatory requirements and

includes undertaking any action or clean-up necessary to protect public health and the

environment from radioactive releases from a regional facility.

(f) "Facility" means a parcel of land or site, together with the structures,

equipment and improvements on or appurtenant to the land or site, which is used or is

being developed for the treatment, storage or disposal of low-level radioactive waste.

(g) "Generator" means a person who produces or possesses low-level radioactive

waste in the course of or incident to manufacturing, power generation, processing,

medical diagnosis and treatment, research, or other industrial or commercial activity and

who, to the extent required by law, is licensed by the U.S. Nuclear Regulatory

Commission or a party state, to produce or possess such waste.

(h) "Host state" means any party state that is designated by the commission to

host a regional facility, provided that a party state with a total volume of waste recorded

on low-level radioactive waste manifests for any year that is less than ten percent of the

total volume recorded on such manifests for the region during the same year shall not be

designated a host state.

(i) "Institutional control" means those activities carried out by the host state to

physically control access to the disposal site following transfer of control of the disposal

site from the disposal site operator to the state or federal government. These activities

must include, but need not be limited to environmental monitoring, periodic surveillance,

minor custodial care, and other necessary activities at the site as determined by the host

state, and administration of funds to cover the costs for these activities. The period of

institutional control will be determined by the host state, but institutional control may not

be relied upon for more than 100 years following transfer of control of the disposal site to

the state or federal government.

(j) "Long-term liability" means the financial obligation to compensate any person

for medical and other expenses incurred from damages to human health, personal injuries

suffered from damages to human health and damages or losses to real or personal

property, and to provide for the costs for accomplishing any necessary corrective action or

clean-up on real or personal property caused by radioactive releases from a regional

facility.

(k) "Low-level radioactive waste" or "waste" means radioactive waste not

classified as (1) high-level radioactive waste, (2) transuranic waste, (3) spent nuclear fuel,

or (4) by-product material as defined in section 11e(2) of the Atomic Energy Act of 1954.

This definition shall apply notwithstanding any declaration by the federal government, a

state, or any regulatory agency that any radioactive material is exempt from any

regulatory control.

(l) "Management plan" means the plan adopted by the commission for the

storage, transportation, treatment and disposal of waste within the region.

(m) "Manifest" means a shipping document identifying the generator of waste, the

volume of waste, the quantity of radionuclides in the shipment, and such other

information as may be required by the appropriate regulatory agency.

(n) "Party state" means any eligible state which enacts the compact into law and

pays the membership fee.

(o) "Person" means any individual, corporation, business enterprise or other legal

entity, either public or private, and any legal successor, representative, agent or agency of

that individual, corporation, business enterprise, or legal entity.

(p) "Region" means the geographical area of the party states.

(q) "Regional facility" means any facility as defined in Article II(f) that is (1)

located within the region, and (2) established by a party state pursuant to designation of

that state as a host state by the commission.

(r) "Shallow-land burial" means a land disposal facility in which radioactive

waste is disposed of in or within the upper thirty meters of the earth's surface; however,

this definition shall not include an enclosed, engineered, strongly structurally enforced

and solidified bunker that extends below the earth's surface.

(s) "Site" means the geographic location of a facility.

(t) "Source reduction" means those administrative practices that reduce the

radionuclide levels in low-level radioactive waste or that prevent the generation of

additional low-level radioactive waste.

(u) "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.

(v) "Storage" means the temporary holding of waste for treatment or disposal.

(w) "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.

(x) "Volume reduction" means those methods including, but not limited to

biological, chemical, mechanical and thermal methods used to reduce the amount of

space that waste materials occupy and to put them into a form suitable for storage or

disposal.

(y) "Waste management" means the source and volume reduction, storage,

transportation, treatment or disposal of waste.

ARTICLE III

THE COMMISSION

(a) There is created the Central Midwest Interstate Low-Level Radioactive Waste

Commission. Upon the eligible states becoming party states, the commission shall consist

of two voting commissioners from each state eligible to be designated a host state under

Article VI(b), one voting commissioner from any other party state, and for each regional

facility, one non-voting commissioner who is an elected official of local government and

a resident of the county where that regional facility is located. The governor of each party

state shall notify the commission in writing of its commissioners and any alternates.

(b) Each voting commissioner is entitled to one vote. No action of the

commission is binding unless a majority of the voting membership casts its vote in the

affirmative. In addition, no agreement by the commission under Article III(i)(1), Article

III(i)(2), or Article III(i)(3) is valid unless all voting commissioners from the party state in

which the facility where the waste would be sent is located cast their votes in the

affirmative.

(c) The commission shall elect annually from among its members a chairperson.

The commission shall adopt and publish, in convenient form, bylaws and policies that are

not inconsistent with this compact, including procedures that conform with the provisions

of the Federal Administrative Procedure Act (Title 5 U.S.C. secs. 500 to 559) to the

greatest extent practicable 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 any voting commissioner.

(e) All meetings of the commission and its designated committees 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. A roll call may be required upon request of any

voting commissioner.

(f) The commission may establish advisory committees for the purpose of

advising the commission on any matters pertaining to waste management, waste

generation and source and volume reduction.

(g) The office of the commission shall be in Illinois. The commission may

appoint or contract for and compensate such staff necessary to carry out its duties and

functions. The staff shall serve at the commission's pleasure with the exception that staff

hired as the result of securing federal funds shall be hired and governed under applicable

federal statutes and regulations. In selecting any staff, the commission shall assure that

the staff has adequate experience and formal training to carry out the functions assigned

to it by the commission.

(h) All files, records and data of the commission shall be open to reasonable

public inspection and may be copied upon payment of reasonable fees to be established

where appropriate by the commission, except for information privileged against

introduction in judicial proceedings. Such fees may be waived or shall be reduced

substantially for not-for-profit organizations.

(i) The commission may:

(1) Enter into an agreement with any person to allow waste from outside the

region to be disposed of at facilities in the region. However, no such agreement shall be

effective unless and until ratified by a law enacted by the party state to which the waste

would be sent for disposal.

(2) Enter into an agreement with any person to allow waste described in Article

VII(a)(6) to be treated, stored, or disposed of at regional facilities. However, no such

agreement shall be effective unless and until ratified by a law enacted by the host state of

the regional facility where the waste would be sent for treatment, storage, or disposal.

(3) Enter into an agreement with any person to allow waste from outside the

region to be treated or stored at facilities in the region. However, any such agreement

shall be revoked as a matter of law if, within one (1) year of the effective date of the

agreement, a law is enacted ordering the revocation by the party state where the waste

would be sent for treatment or storage.

(4) Approve, or enter into an agreement with any person for, the export of waste

from the region.

(5) Approve the disposal of waste generated within the region at a facility in the

region other than a regional facility, subject to the limitations of Articles V(f) and

VII(a)(6).

(6) Require that waste generated within the region be treated or stored at available

regional facilities, subject to the limitations of Articles V(f), VII(a)(3), and VII(a)(6).

(7) 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.

(8) Review the emergency closure of a regional facility, determine the

appropriateness of that closure, and take whatever actions are necessary to ensure that the

interests of the region are protected, provided that a party state with a total volume of

waste recorded on low-level radioactive waste manifests for any year that is less than ten

percent of the total volume recorded on such manifests for the region during the same

year shall not be designated a host state or be required to store the region's waste. In

determining the ten percent exclusion, there shall not be included waste recorded on low-

level radioactive waste manifests by a person whose principal business is providing a

service by arranging for the collection, transportation, treatment, storage or disposal of

such waste.

(9) Take any action which is appropriate and necessary to perform its duties and

functions as provided in this compact.

(10) Suspend the privileges or revoke the membership of a party state.

(j) The commission shall:

(1) Submit within ten (10) days of its execution to the Governor and the

appropriate officers of the legislative body of the party state in which any affected facility

is located a copy of any agreement entered into by the commission under Article III(i)(1),

Article III(i)(2), or Article III(i)(3).

(2) Submit an annual report to, and otherwise communicate with, the governors

and the appropriate officers of the legislative bodies of the party states regarding the

activities of the commission. The annual report shall include a description of the status of

the activities taken pursuant to any agreement entered into by the commission under

Article III(i)(1), Article III(i)(2), or Article III(i)(3), and any violation of any provision

thereof, and a description of the source, volume, activity, and current status of any waste

from outside the region or waste described under Article VII(a)(6) that was treated,

stored, or disposed of in the region in the previous year.

(3) Hear, negotiate, and, as necessary, resolve by final decision disputes which

may arise between the party states regarding this compact.

(4) Adopt and amend, as appropriate, a regional management plan that plans for

the establishment of needed regional facilities.

(5) Adopt an annual budget.

(k) Funding of the budget of the commission shall be provided as follows:

(1) Each state, upon becoming a party state, shall pay $50,000 to the commission

which shall be used for the administrative costs of the commission.

(2) Each state hosting a regional facility shall levy surcharges on each user of the

regional facility based upon its portion of the total volume and characteristics of wastes

managed at that facility. The surcharges collected at all regional facilities shall:

(A) Be sufficient to cover the annual budget of the commission; and

(B) Be paid to the commission, provided, however, that each host state collecting

surcharges may retain a portion of the collection sufficient to cover its administrative

costs of collection.

(l) The commission shall keep accurate accounts of all receipts and

disbursements. The commission shall contract with an independent certified public

accountant to annually audit all receipts and disbursements of commission funds and to

submit an audit report to the commission. The audit report shall be made a part of the

annual report of the commission required by this Article.

(m) 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. The commission shall establish guidelines for the

acceptance of donations, grants, equipment, supplies, materials and services and shall

review such guidelines annually.

(n) The commission is not liable for any costs associated with any of the

following:

(1) The licensing and construction of any facility;

(2) The operation of any facility;

(3) The stabilization and closure of any facility;

(4) The extended care of any facility;

(5) The institutional control, after extended care of any facility; or

(6) The transportation of waste to any facility.

(o) The commission is a legal entity separate and distinct from the party states and

is liable for its actions as a separate and distinct legal entity. Commissioners are not

personally liable for actions taken by them in their official capacity.

(p) Except as provided under Article III(n), Article III(o), Article VI(p), and

Article VI(q), nothing in this compact alters liability for any action, omission, course of

conduct or liability resulting from any causal or other relationships.

(q) Any person aggrieved by a final decision of the commission which adversely

affects the legal rights, duties or privileges of such person, may petition a court of

competent jurisdiction, within sixty days after the commission's final decision, to obtain

judicial review of said final decision.

ARTICLE IV

REGIONAL MANAGEMENT PLAN

The commission shall adopt a regional management plan designed to ensure the

safe and efficient management of waste generated within the region. In adopting a

regional waste management plan the commission shall:

(a) Adopt procedures for determining, consistent with considerations of public

health and safety, the type and number of regional facilities which are presently necessary

and which are projected to be necessary to manage waste generated within the region.

(b) Develop and adopt policies promoting source and volume reduction of waste

generated within the region.

(c) Develop alternative means for the treatment, storage and disposal of waste,

other than shallow-land burial or underground injection well.

(d) Prepare a draft regional management plan that shall be made available in a

convenient form to the public for comment. The commission shall conduct one or more

public hearings in each party state prior to the adoption of the regional management plan.

The regional management plan shall include the commission's response to public and

party state comment.

ARTICLE V

RIGHTS AND OBLIGATIONS OF PARTY STATES

(a) Each party state shall act in good faith in the performance of acts and courses

of conduct which are intended to ensure the provision of facilities for regional availability

and usage in a manner consistent with this compact.

(b) Other than the provisions of Article V(f) and Article VII(a)(6), each party state

has the right to have all wastes generated within its borders managed at regional facilities.

This right shall be subject to the provisions of this compact. All party states have an equal

right of access to any facility outside the region made available to the region by any

agreement entered into by the commission pursuant to Article III (i)(4).

(c) Party states or generators may negotiate for the right of access to a facility

outside the region and may export waste outside the region subject to commission

approval under Article III (i)(4).

(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) Waste originating from the Maxey Flats nuclear waste disposal site in Fleming

County, Kentucky shall not be shipped to any facility in Illinois for storage, treatment or

disposal. Disposition of these wastes shall be the sole responsibility of the

Commonwealth of Kentucky and such waste shall not be subject to the provisions of

Article IX(b)(3) and (4) of this compact.

ARTICLE VI

DEVELOPMENT AND OPERATION OF FACILITIES

(a) Any party state may volunteer to become a host state, and the commission

may designate that state as a host state.

(b) If all regional facilities required by the regional management plan are not

developed pursuant to Article VI (a), or upon notification that an existing regional facility

will be closed, the commission may designate a party state as a host state. A party state

shall not be designated as a host state for any regional facility under this Article VI(b)

unless that state's total volume of waste recorded on low-level radioactive waste

manifests for any year is more than ten percent (10%) of the total volume recorded on

those manifests for the region during the same year. In determining the ten percent (10%)

exclusion, there shall not be included waste recorded on low-level radioactive waste

manifests by a person whose principal business is providing a service by arranging for the

collection, transportation, treatment, storage, or disposal of such waste, or waste

described in Article VII(a)(6).

(c) Each party state designated as a host state is responsible for determining

possible facility locations within its borders. The selection of a facility site shall not

conflict with applicable federal and host state laws, regulations and rules not inconsistent

with this compact and shall be based on factors including, but not limited to, geological,

environmental, engineering and economic viability of possible facility locations.

(d) Any party state designated as a host state may request the commission to

relieve that state of the responsibility to serve as a host state. The commission may relieve

a party state of this responsibility upon a showing by the requesting party state that no

feasible potential regional facility site of the type it is designated to host exists within its

borders or for other good cause shown and consistent with the purposes of the compact.

(e) After a state is designated a host state by the commission, it is responsible for

the timely development and operation of a regional facility.

(f) To the extent permitted by federal and state law, a host state shall regulate and

license any facility within its borders and ensure the extended care of that facility.

(g) The commission may designate a party state as a host state while a regional

facility is in operation if the commission determines that an additional regional facility is

or may be required to meet the needs of the region.

(h) Designation of a host state is for a period of twenty years or the life of the

regional facility which is established under that designation, whichever is shorter. Upon

request of a host state, the commission may modify the period of its designation.

(i) A host state may establish a fee system for any regional facility within its

borders. The fee system shall be reasonable and equitable. This fee system shall provide

the host state with sufficient revenue to cover any costs including, but not limited to, the

planning, siting, licensure, operation, pre-closure corrective action or clean-up,

monitoring, inspection, decommissioning, extended care and long-term liability,

associated with such facilities. This fee system may provide for payment to units of local

government affected by a regional facility for costs incurred in connection with such

facility. This fee system may also include reasonable revenue beyond the costs incurred

for the host state, subject to approval by the commission. The fee system shall include

incentives for source or volume reduction and may be based on the hazard of the waste. A

host state shall submit an annual financial audit of the operation of the regional facility to

the commission.

(j) A host state shall ensure that a regional facility located within its borders

which is permanently closed is properly decommissioned. A host state shall also provide

for the extended care of a closed or decommissioned regional facility within its borders so

that the public health and safety of the state and region are ensured, unless, pursuant to

the federal Nuclear Waste Policy Act of 1982, the federal government has assumed title

and custody of the regional facility and the federal government thereby has assumed

responsibility to provide for the extended care of such facility.

(k) A host state intending to close a regional facility located within its borders

shall notify the commission in writing of its intention and the reasons. Notification shall

be given to the commission at least five years prior to the intended date of closure. This

section shall not prevent an emergency closing of a regional facility by a host state to

protect its air, land and water resources and the health and safety of its citizens. However,

a host state which has an emergency closing of a regional facility shall notify the

commission in writing within three (3) working days of its action and shall, within thirty

(30) working days of its action, demonstrate justification for the closing.

(l) If a regional facility closes before an additional or new facility becomes

operational, waste generated within the region may be shipped temporarily to any location

agreed on by the commission until a regional facility is operational, provided that the

region's waste shall not be stored in a party state with a total volume of waste recorded on

low-level radioactive waste manifests for any year which is less than ten percent (10%) of

the total volume recorded on the manifests for the region during the same year. In

determining the ten percent (10%) exclusion, there shall not be included waste recorded

on low-level radioactive waste manifests by a person whose principal business is

providing a service by arranging for the collection, transportation, treatment, storage or

disposal of such waste, or waste described in Article VII(a)(6).

(m) A party state which is designated as a host state by the commission and fails to

fulfill its obligations as a host state may have its privileges under the compact suspended

or membership in the compact revoked by the commission.

(n) The host state shall create an "Extended Care and Long-Term Liability Fund"

and shall allocate sufficient fee revenues, received pursuant to Article VI(i), to provide

for the costs of:

(1) Decommissioning and other procedures required for the proper closure of a

regional facility;

(2) Monitoring, inspection and other procedures required for the proper extended

care of a regional facility;

(3) Undertaking any corrective action or clean-up necessary to protect human

health and the environment from radioactive releases from a regional facility;

(4) Compensating any person for medical and other expenses incurred from

damages to human health, personal injuries suffered from damages to human health and

damages or losses to real or personal property, and accomplishing any necessary

corrective action or clean-up on real or personal property caused by radioactive releases

from a regional facility; the host state may allocate moneys in this fund in amounts as it

deems appropriate to purchase insurance or to make other similar financial protection

arrangements consistent with the purposes of this fund; this Article VI(n) shall in no

manner limit the financial responsibilities of the site operator under Article VI(o), the

party states under Article VI(p), or any person who sends waste to a regional facility,

under Article VI(q).

(o) The operator of a regional facility shall purchase an amount of property and

third-party liability insurance deemed appropriate by the host state, pay the necessary

periodic premiums at all times and make periodic payments to the Extended Care and

Long-Term Liability Fund as set forth in Article VI(n) for such amounts as the host state

reasonably determines is necessary to provide for future premiums to continue such

insurance coverage, in order to pay the costs of compensating any person for medical and

other expenses incurred from damages to human health, personal injuries suffered from

damages to human health and damages or losses to real or personal property, and

accomplishing any necessary corrective action or clean-up on real or personal property

caused by radioactive releases from a regional facility. In the event of such costs resulting

from radioactive releases from a regional facility, the host state should, to the maximum

extent possible, seek to obtain moneys from such insurance prior to using moneys from

the Extended Care and Long-Term Liability Fund.

(p) All party states shall be liable for the cost of extended care and long-term

liability in excess of moneys available from the Extended Care and Long-Term Liability

Fund, as set forth in Article VI(n) and from the property and third-party liability insurance

as set forth in Article VI(o). A party state may meet such liability for costs by levying

surcharges upon generators located in the party state. The extent of such liability shall be

based on the proportionate share of the total volume of waste placed in the regional

facility by generators located in each such party state. Such liability shall be joint and

several among the party states with a right of contribution between the party states.

However, this section shall not apply to a party state with a total volume of waste

recorded on low-level radioactive waste manifests for any year that is less than ten

percent (10%) of the total volume recorded on such manifests for the region during the

same year.

(q) Any person who sends waste from outside the region or waste described in

Article VII(a)(6) for treatment, storage, or disposal at a regional facility shall be liable for

the cost of extended care and long-term liability of that regional facility in excess of the

moneys available from the Extended Care and Long-Term Liability Fund as set forth in

Article VI(n) and from the property and third-party liability insurance as set forth in

Article VI(o). The extent of the liability for the person shall be based on the proportionate

share of the total volume of waste sent by that person to the regional facility.

ARTICLE VII

OTHER LAWS AND REGULATIONS

(a) Nothing in this compact:

(1) Abrogates or limits the applicability of any Act of Congress or diminishes or

otherwise impairs the jurisdiction of any federal agency expressly conferred thereon by

the Congress;

(2) Prevents the enforcement of any other law of a party state which is not

inconsistent with this compact;

(3) Prohibits any storage or treatment of waste by the generator on its own

premises;

(4) Affects any administrative or judicial proceeding pending on the effective date

of this compact;

(5) Alters the relations between the respective internal responsibility of the

government of a party state and its subdivisions;

(6) Establishes any right to the treatment, storage or disposal at any facility in the

region or provides any authority to prohibit export from the region of waste that is owned

or generated by the United States Department of Energy, owned or generated by the

United States Navy as a result of the decommissioning of vessels of the United States

Navy, or owned or generated as the result of any research, development, testing, or

production of any atomic weapon; or

(7) Affects the rights and powers of any party state or its political subdivisions, to

the extent not inconsistent with this compact, to regulate and license any facility or the

transportation of waste within its borders or affects the rights and powers of any state or

its political subdivisions to tax or impose fees on the waste managed at any facility within

its borders;

(8) Requires a party state to enter into any agreement with the United States

Nuclear Regulatory Commission; or

(9) Alters or limits liability of transporters of waste and owners and operators of

sites for their acts, omissions, conduct or relationships in accordance with applicable

laws.

(b) For purposes of this compact, all state laws or parts of laws in conflict with

this compact are hereby superseded to the extent of the conflict.

(c) No law, rule, regulation, fee or surcharge 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) No person who provides a service by arranging for collection, transportation,

treatment, storage or disposal of waste from outside the region shall be allowed to dispose

of any waste, regardless of origin, in the region unless specifically permitted under an

agreement entered into by the commission in accordance with the requirements of Article

III(i)(1).

ARTICLE VIII

ELIGIBLE PARTIES, WITHDRAWAL,

REVOCATION, ENTRY INTO FORCE, TERMINATION

(a) Eligible parties to this compact are the State of Illinois and Commonwealth of

Kentucky. Eligibility terminates on April 15, 1985.

(b) An eligible state becomes a party state when the state enacts the compact into

law and pays the membership fee required in Article III(k)(1).

(c) The commission is formed upon the appointment of the commissioners and

the tender of the membership fee payable to the commission by the eligible states. The

governor of Illinois 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.

(d) Other than the special circumstances for withdrawal in section (f) of this

Article, either party state may withdraw from this compact at any time by repealing the

authorizing legislation, but no withdrawal may take effect until five years after the

governor of the withdrawing state gives notice in writing of the withdrawal to the

commission and to the governor of the other state. Withdrawal does not affect any

liability already incurred by or chargeable to a party state prior to the time of such

withdrawal. Any host state which grants a disposal permit for waste generated in a

withdrawing state shall void the permit when the withdrawal of that state is effective.

(e) This compact becomes effective July 1, 1984, or at any date subsequent to

July 1, 1984, upon enactment by the eligible states. However, Article IX(b) shall not take

effect until the Congress has by law consented to this compact. The Congress shall have

an opportunity to withdraw such consent every five years. Failure of the Congress

affirmatively to withdraw its consent has the effect of renewing consent for an additional

five year period. The consent given to this compact by the Congress shall extend to the

power of the region to ban the shipment of waste into the region pursuant to Article

III(i)(1) and to prohibit exportation of waste generated within the region under Article

III(i)(4).

(f) A state which has been designated a host state may withdraw from the

compact. The option to withdraw must be exercised within ninety days of the date the

governor of the designated state receives written notice of the designation. Withdrawal

becomes effective immediately after notice is given in the following manner. The

governor of the withdrawing state shall give notice in writing to the commission and to

the governor of each party state. A state which withdraws from the compact under this

section forfeits any funds already paid pursuant to this compact. A designated host state

which withdraws from the compact after ninety days and prior to fulfilling its obligations

shall be assessed a sum the commission determines to be necessary to cover the costs

borne by the commission and remaining party states as a result of that withdrawal.

ARTICLE IX

PENALTIES

(a) Each party state shall prescribe and enforce penalties against any person who

is not an official of another state for violation of any provision of this compact.

(b) Unless authorized by the commission pursuant to Article III(i), or otherwise

provided in this compact, after January 1, 1986 it is a violation of this compact;

(1) For any person to deposit at a facility in the region waste from outside the

region;

(2) For any facility in the region to accept waste from outside the region;

(3) For any person to export from the region waste that is generated within the

region; or

(4) For any person to dispose of waste at a facility other than a regional facility;

(5) For any person to deposit at a regional facility waste described in Article

VII(a)(6); or

(6) For any regional facility to accept waste described in Article VII(a)(6).

(c) It is a violation of this compact for any person to treat or store waste at a

facility other than a regional facility if such treatment or storage is prohibited by the

commission under Article III(i)(6).

(d) Each party state acknowledges that the receipt by a host state of waste

packaged or transported in violation of applicable laws, rules or regulations may result in

the imposition of sanctions by the host state which may include suspension or revocation

of the violator's right of access to the facility in the host state.

(e) Each party state has the right to seek legal recourse against any party state

which acts in violation of this compact.

ARTICLE X

SEVERABILITY AND CONSTRUCTION

The provisions of this compact shall be severable and if any phrase, clause, sentence

or provision of this compact is declared by a court of competent jurisdiction to be

contrary to the Constitution of any participating state or the United States, or if the

applicability thereof to any government, agency, person or circumstance is held invalid,

the validity of the remainder of this compact and the applicability thereof to any

government, agency, person or circumstance shall not be affected thereby. If any

provision of this compact shall be held contrary to the Constitution of any state

participating therein, the compact shall remain in full force and effect as to the state

affected as to all severable matters.