corded on low-level radioactive waste manifests for any
year which is less than 10% of the total volume recorded
on the manifests for the region during the same year. In
determining the 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).’’.
(15) Sections (o) through (q) of article VI of
the compact are amended to read as follows:
‘‘o) The host state shall create an ‘Extended Care
and Long-Term Liability Fund’ and shall allocate suffi-
cient fee revenues, received pursuant to Article VI(i), to
provide for the costs of:
‘‘1) decommissioning and other procedures re-
quired 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 envi-
ronment from radioactive releases from a regional
facility; and
‘‘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 per-
sonal property, and accomplishing any necessary cor-
rective action or clean-up on real or personal prop-
erty caused by radioactive releases from a regional
facility; the host state may allocate monies in this
Fund in amounts as it deems appropriate to pur-
chase insurance or to make other similar financial
protection arrangements consistent with the pur-
poses 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).
‘‘p) 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 pay-
ments 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 pro-
vide for future premiums to continue such insurance cov-
erage, in order to pay the costs of compensating any per-
son 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 ac-
tion 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 monies from such insurance
prior to using monies from the Extended Care and Long-
Term Liability Fund.
‘‘q) All party states shall be liable for the cost of ex-
tended care and long-term liability in excess of monies
available from the Extended Care and Long-Term Liabil-
ity Fund, as set forth in Article VI(n) and from the prop-
erty and third-party liability insurance as set forth in Arti-
cle 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 10% of the total volume recorded on such manifests
for the region during the same year.’’.
(16) Sections (d) through (q) of article VI of
the compact are redesignated as sections (c) through
(p), respectively.
(17) Article VI of the compact is amended by
adding at the end the following new section:
‘‘q) Any person who sends waste from outside the re-
gion 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 monies available from the
Extended Care and Long-Term Liability Fund as set forth
in Article VI(n) and from the property and third-party li-
ability insurance as set forth in Article VI(o). The extent
of the liability for the person shall be based on the propor-
tionate share of the total volume of waste sent by that
person to the regional facility.’’.
(18) Section (a)(6) of article VII of the com-
pact is amended to read as follows:
‘‘6) establishes any right to the treatment, stor-
age or disposal at any facility in the region or pro-
vides any authority to prohibit export from the re-
gion of waste that is owned or generated by the
United States Department of Energy, owned or gen-
erated 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 re-
search, development, testing or production of any
atomic weapon; or’’.
(19) Section (d) of article VII of the compact
is amended to read as follows:
‘‘d) No person who provides a service by arranging
for collection, transportation, treatment, storage or dis-
posal 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 require-
ments of Article III(i)(1).’’.
(20) Section (c) of article VIII of the compact
is amended to read as follows:
‘‘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 nec-
essary to organize the Commission and implement the pro-
visions of this compact.’’.
(21) Section (e) of article VIII of the compact
is amended to read as follows:
‘‘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 with-
draw such consent every 5 years. Failure of the Congress
affirmatively to withdraw its consent has the effect of re-
newing consent for an additional 5 year period. The con-
sent 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 pro-
hibit exportation of waste generated within the region
under Article III(i)(4).’’.
(22) Section (b) of article IX of the compact is
amended to read as follows:
‘‘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;