H. R. 4814—2
(2) Section (k) of article II of the compact is amended
to read as follows:
‘‘k) ‘Low-level radioactive waste’ or ‘waste’ means radioactive
waste not classified as (1) high-level radioactive waste, (2) trans-
uranic 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.’’.
(3) Section (q) of article II of the compact is amended
to read as follows:
‘‘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.’’.
(4) Sections (a) and (b) of article III of the compact are
amended to read as follows:
‘‘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 Commis-
sioners 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 mem-
bership 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 waste would be sent is located
cast their votes in the affirmative.’’.
(5) Sections (d) and (e) of article III of the compact are
amended to read as follows:
‘‘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 commit-
tees 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.’’.
(6) Section (g) of article III of the compact is amended
to read as follows:
‘‘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 func-
tions assigned to it by the Commission.’’.
H. R. 4814—3
(7) Sections (i) and (j) of article III of the compact are
amended to read as follows:
‘‘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 to which 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 year of the effective date
of the agreement, a law is enacted ordering such revocation
by the party state to which the waste would be sent for treat-
ment 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 participa-
tion.
‘‘8) Review the emergency closure of a regional facility,
determine the appropriateness of that closure, and take what-
ever 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 mani-
fests for any year that is less than 10 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 10 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 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
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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 legisla-
tive 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 manage-
ment plan that plans for the establishment of needed regional
facilities.
‘‘5) Adopt an annual budget.’’.
(8) Sections (o) and (p) of article III of the compact are
amended to read as follows:
‘‘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.’’.
(9) Sections (b) and (c) of article V of the compact are
amended to read as follows:
‘‘b) Other than the provisions of Article V(f) and VII(a)(6),
each party state has the right to have all wastes generated within
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).’’.
(10) Section (f) of article V of the compact is amended
to read as follows:
‘‘f) Waste originating from the Maxey Flats nuclear waste dis-
posal 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 Articles IX(b)(3) and (4) of this compact.’’.
(11) Section (b) of article VI of the compact is amended
to read as follows:
‘‘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
H. R. 4814—5
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
10% of the total volume recorded on such 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).’’.
(12) Section (c) of article VI of the compact is repealed.
(13) Section (e) of article VI of the compact is amended
to read as follows:
‘‘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. 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 this Compact.’’.
(14) Sections (l) and (m) of article VI of the compact are
amended to read as follows:
‘‘l) 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 3 working days of its action
and shall, within 30 working days of its action, demonstrate jus-
tification for the closing.
‘‘m) 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 mani-
fests 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 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; and