Low-Level Radioactive Waste Policy Amendments Act of 1985
PL 99-240 (H.R.1083), enacted 01/15/1986

99 STAT. 1842 
PUBLIC LAW 99-240—JAN. 15, 1986 
Public Law 99-240 
99th Congress 
An Act 
Jan.15, 1986 
[H.R. 1083] 
State and local 
governments. 
Low-Level 
Radioactive 
Waste Policy 
Amendments 
Act of 1985. 
42 use 2021b 
note. 
42 use 
2021b-2021d, 
2021b note. 
42 use 2021b 
note. 
42 use 2021b. 
To amend the Low-Level Radioactive Waste Policy Act to improve procedures for the 
implementation of compacts providing for the establishment and operation of 
regional disposal facilities for low-level radioactive waste; to grant the consent of 
the eongress Ur certain interstate compacts on low-level radioactive waste; and for 
other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, 
TITLE I—LOW-LEVEL RADIOACTIVE WASTE POLICY 
AMENDMENTS ACT OF 1985 
SEC. 101. SHORT TITLE. 
This Title may be cited as the "Low-Level Radioactive Waste 
Policy Amendments Act of 1985". 
SEC. 102. AMENDMENT TO THE LOW-LEVEL RADIOACTIVE WASTE POLICY 
ACT. 
The Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021b et 
seq.) is amended by striking out sections 1, 2, 3, and 4 and inserting 
in lieu thereof the following: 
"SECTION 1. SHORT TITLE. 
"This Act may be cited as the 'Low-Level Radioactive Waste 
Policy Act'. 
"SEC. 2. DEFINITIONS. 
"For purposes of this Act: 
"(1) AGREEMENT STATE.—The term 'agreement State' means a 
State that— 
"(A) has entered into an agreement with the Nuclear 
Regulatory Commission under section 274 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2021); and 
"(B) has authority to regulate the disposal of low-level 
radioactive waste under such agreement. 
"(2) ALLOCATION.—The term 'allocation' means the assign-
ment of a specific amount of low-level radioactive waste disposal 
capacity to a commercial nuclear power reactor for which access 
is required to be provided by sited States subject to the condi-
tions specified under this Act. 
"(3) COMMERCIAL NUCLEAR POWER REACTOR.—The term 
'commercial nuclear power reactor' means any unit of a civilian 
light-water moderated utilization facility required to be licensed 
under section 103 or 104b. of the Atomic Energy Act of 1954 (42 
U.S.C. 2133 or 2134(b)). 
"(4) COMPACT.—The term 'compact' means a compact entered 
into by two or more States pursuant to this Act. 
.-^'t&.MSflSfilv 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1843 
"(5) COMPACT COMMISSION.—The term 'compact commission' 
means the regional commission, committee, or board estab-
lished in a compact to administer such compact. 
"(6) COMPACT REGION.—The term 'compact region* means the 
area consisting of all States that are members of a compact. 
"(7) DISPOSAL.—^The term 'disposal' means the permanent 
isolation of low-level radioactive waste pursuant to the require-
ments established by the Nuclear Regulatory Commission 
under applicable laws, or by an agreement State if such isola-
tion occurs in such agreement State. 
"(8) GENERATE.—The term 'generate', when used in relation 
to low-level radioactive waste, means to produce low-level radio-
active waste. 
"(9) LOW-LEVEL RADIOACTIVE WASTE.—^The term 'low-level 
radioactive waste' means radioactive material that— 
"(A) is not high-level radioactive waste, spent nuclear 
fuel, or b5T)roduct material (as defined in section lle.(2) of 
the Atomic Energy Act of 1954 (42 U.S.C. 2014(eX2))); and 
"(B) the Nuclear Regulatory O>mmission, consistent with 
existing law and in accordance with paragraph (A), classi-
fies as low-level radioactive waste. 
"(10) NON-SITED COMPACT REGION.—The term 'non-sited com-
pact region' means any compact region that is not a sited 
compact region. 
"(11) REGIONAL DISPOSAL FACILITY.—The term ' r ^ o n a l dis-
p(^al facility' means a non-Federal low-level radioactive waste 
disposal facility in operation on January 1, 1985, or sul^e-
quently established and operated under a compact. 
"(12) SECRETARY.—The term 'Secretary' means the Secretary 
of Energy. 
"(13) SITED COMPACT REGION.—The term 'sited compact r ^ o n ' 
means a compact region in which there is located one of the 
regional disposal facilities at Barnwell, in the State of South 
Carolina; Richland, in the State of Washington; or Beatty, in 
the State of Nevada. 
"(14) STATE.—The term 'State' means any State of the United 
States, the District of CJolumbia, and the (Commonwealth of 
Puerto Rico. 
"SEC. 3. RESPONSIBILITIES FOR DISPOSAL OF LOW-LEVEL RADIOACTIVE 
WASTE. 
"SECTION 3(aXl) STATE RESPONSIBILITIES.—Each State shall be 
responsible for providing, either by itself or in cooperation with 
other States, for the disposal of— 
"(A) low-level radioactive waste generated within the State 
(other than by the Federal Government) that consists of or 
contains class A, B, or C radioactive waste as defined by section 
61.55 of title 10, (jode of Federal Regulations, as in effect on 
January 26,1983; 
"(B) low-level radioactive waste described in subparagraph (A) 
that is generated by the Federal Government except such waste 
that is— 
"(i) owned or generated by the Department of Energy; 
"(ii) owned or generated by the United States Navy as a 
result of the decommissioning of vessels of the United 
States Navy; or 
South Carolina. 
Washington. 
Nevada. 
42 use 2021c. 
Vessels. 
99 STAT. 1844 
PUBLIC LAW 99-240—JAN. 15, 1986 
Research and 
development. 
Post, pp. 1846, 
1855. 
Vessels. 
Research and 
development. 
Health. 
Safety. 
42 u s e 2011 
note. 
Report. 
"(iii) owned or generated as a result of any research, 
development, testing, or production of any atomic weapon; 
and 
"(C) low-level radioactive waste described in subparagraphs 
(A) and (B) that is generated outside of the State and accepted 
for disposal in accordance with sections 5 or 6. 
"(2) No regional disposal facility may be required to accept for 
disposal any material— 
"(A) that is not low-level radioactive waste as defined by 
section 61.55 of title 10, Code of Federal Regulations, as in effect 
on January 26,1983, or 
"(B) identified under the Formerly Utilized Sites Remedial 
Action Program. 
Nothing in this paragraph shall be deemed to prohibit a State, 
subject to the provisions of its compact, or a compact region from 
accepting for disposal any material identified in subparagraph (A) or 
(B). 
"(b)(1) The Federal Government shall be responsible for the dis-
posal of— 
"(A) low-level radioactive waste owned or generated by the 
Department of Energy; 
' (B) low-level radioactive waste owned or generated by the 
United States Navy as a result of the decommissioning of 
vessels of the United States Navy; 
"(C) low-level radioactive waste owned or generated by the 
Federal Government as a result of any research, development, 
testing, or production of any atomic weapon; and 
"(D) any other low-level radioactive waste with concentra-
tions of radionuclides that exceed the limits established by the 
Commission for class C radioactive waste, as defined by section 
61.55 of title 10, Code of Federal Regulations, as in effect on 
January 26,1983. 
"(2) All radioactive waste designated a Federal responsibility 
pursuant to subparagraph (bXl)(D) that results from activities li-
censed by the Nuclear Regulatory Commission under the Atomic 
Energy Act of 1954, as amended, shall be disposed of in a facility 
licensed by the Nuclear Regulatory Commission that the Commis-
sion determines is adequate to protect the public health and safety. 
"(3) Not later than 12 months after the date of enactment of this 
Act, the Secretary shall submit to the Congress a comprehensive 
report setting forth the recommendations of the Secretary for ensur-
ing the safe disposal of all radioactive waste designated a Federal 
responsibility pursuant to subparagraph (bXlXD). Such report shall 
include— 
"(A) an identification of the radioactive waste involved, 
including the source of such waste, and the volume, concentra-
tion, and other relevant characteristics of such waste; 
"(B) an identification of the Federal and non-Federal options 
for disposal of such radioactive waste; 
"(C) a description of the actions proposed to ensure the safe 
disposal of such radioactive waste; 
(D) a description of the projected costs of undertaking such 
actions; 
"(E) an identification of the options for ensuring that the 
beneficiaries of the activities resulting in the generation of such 
radioactive wastes bear all reasonable costs of disposing of such 
wastes; and 
i x."*^^--s^^-» 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1845 
"(F) an identification of any statutory authority required for 
disposal of such waste. 
"(4) The Secretary may not dispose of any radioactive waste 
designated a Federal responsibility pursuant to paragraph (bXlXD) 
that becomes a Federal responsibility for the first time pursuant to 
such paragraph until ninety days after the report prepared pursu-
ant to paragraph (3) has been submitted to the Congress. 
"SEC. 4. REGIONAL COMPACTS FOR DISPOSAL OF LOW-LEVEL RADIO-
ACTIVE WASTE. 
"(a) IN GENERAL.— 
"(1) FEDERAL POUCY.—It is the policy of the Federal Govern-
ment that the responsibilities of the States under section 3 for 
the disposal of low-level radioactive waste can be most safely 
and effectively managed on a regional basis. 
"(2) INTERSTATE COMPACTS.—To carry out the policy set forth 
in paragraph (1), the States may enter into such compacts as 
may be necessary to provide for the establishment and oper-
ation of regional disposal facilities for low-level radioactive 
waste. 
"Oa) APPUCABIUTY TO FEDERAL ACTIVITIES.— 
"(1) I N GENERAL.— 
"(A) ACTIVITIES OF THE SECRETARY.—Except as provided in 
subparagraph (B), no compact or action taken under a 
compact shall be applicable to the transportation, manage-
ment, or disposal of any low-level radioactive waste des-
ignated in section 3(aXlXB) (i)-(iii). 
"(B) FEDERAL LOW-LEVEL RADIOACTIVE WASTE DISPOSED OF 
AT NON-FEDERAL FACiUTiES.—Low-level radioactive waste 
owned or generated by the Federal Grovernment that is 
disposed of at a regional disposal facility or non-Federal 
disposal facility within a State that is not a member of a 
compact shall be subject to the same conditions, regula-
tions, requirements, fees, taxes, and surcharges imposed by 
the compact commission, and by the State in which such 
facility is located, in the same manner and to the same 
extent as any low-level radioactive waste not generated by 
the Federal Government. 
"(2) FEDERAL LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILI-
TIES.—Any low-level radioactive waste disposal facility estab-
lished or operated exclusively for the disposal of low-level 
radioactive waste owned or generated by the Federal Govern-
ment shall not be subject to any compact or any action taken 
under a compact. 
"(3) EFFECT OF COMPACTS ON FEDERAL LAW.—Nothing con-
tained in this Act or any compact may be construed to confer 
any new authority on any compact commission or State— 
"(A) to regulate the packaging, generation, treatment, 
storage, disposal, or transportation of low-level radioactive 
waste in a manner incompatible with the regulations of the 
Nuclear Regulatory Commission or inconsistent with the 
regulations of the Department of Transportation; 
"(B) to regulate health, safety, or environmental hazards 
from source material, bjrproduct material, or specigd nu-
clear material; 
"(C) to inspect the facilities of licensees of the Nuclear 
Regulatory Commission; 
Prohibition. 
Report. 
42 u s e 2021d. 
Ante, p. 1843. 
Prohibition. 
Prohibition. 
Prohibition. 
Transportation. 
Regulations. 
Health. 
Safety. 
Pollution. 
99 STAT. 1846 
PUBLIC LAW 99-240—JAN. 15, 1986 
Grovernment 
organization and 
employees. 
28 use 2671 et 
seq. 
Prohibition. 
Prohibition. 
Prohibition. 
42 use 2021e. 
^ ^ 
"(D) to inspect security areas or operations at the site of 
the generation of any low-level radioactive waste by the 
Federal Government, or to inspect classified information 
related to such areas or operations; or 
"(E) to require indemnification pursuant to the provisions 
of chapter 171 of title 28, United States Code (commonly 
referred to as the Federal Tort Claims Act), or section 170 of 
the Atomic Energy Act of 1954 (42 U.S.C. 2210) (commonly 
referred to as the Price-Anderson Act), whichever is 
applicable. 
"(4) FEDERAL AUTHORITY.—Except as expressly provided in 
this Act, nothing contained in this Act or any compact may be 
construed to limit the applicability of any Federal law or to 
diminish or otherwise impair the jurisdiction of any Federal 
agency, or to alter, amend, or otherwise affect any Federal law 
governing the judicial review of any action taken pursuant to 
any compact. 
"(5) STATE AUTHORITY PRESERVED.—Except as expressly pro-
vided in this Act, nothing contained in this Act expands, dimin-
ishes, or otherwise affects State law. 
"(c) RESTRICTED USE OP REGIONAL DISPOSAL FACILITIES.—Any 
authority in a compact to restrict the use of the regional disposal 
facilities under the compact to the disposal of low-level radioactive 
waste generated within the compact region shall not take effect 
before each of the following occurs: 
"(1) January 1,1986; and 
"(2) the Congress by law consents to the compact. 
"(d) CONGRESSIONAL REVIEW.—Each compact shall provide that 
every 5 years after the compact has taken effect the Ciongress may 
by law withdraw its consent. 
"SEC. 5. LIMITED AVAILABILITY OF CERTAIN REGIONAL DISPOSAL 
FACILITIES DURING TRANSITION AND LICENSING PERIODS. 
"(a) AVAILABILITY OF DISPOSAL CAPACITY.— 
"(1) PRESSURIZED-WATER AND BOIUNG WATER REACTORS.— 
During the seven-year period beginning January 1, 1986 and 
ending December 31, 1992, subject to the provisions of subsec-
tions (b) through (g), each State in which there is located a 
regional disposal facility referred to in paragraphs (1) through 
(3) of subsection (b) shall make disposal capacity available for 
low-level radioactive waste generated by pressurized water and 
boiling water commercial nuclear power reactors in accordance 
with the allocations established in subsection (c). 
"(2) OTHER SOURCES OF LOW-LEVEL RADIOACTIVE WASTE.— 
During the seven-year period beginning January 1, 1986 and 
ending December 31, 1992, subject to the provisions of subsec-
tions (b) through (g), each State in which there is located a 
regional disposal facility referred to in paragraphs (1) through 
(3) of subsection (b) shall make disposal capacity available for 
low-level radioactive waste generated by any source not referred 
to in paragraph (1). 
"(3) ALLOCATION OF DISPOSAL CAPACITY.— 
"(A) During the seven-year period beginning January 1, 
1986 and ending December 31, 1992, low-level radioactive 
waste generated within a sited compact region shall be 
accorded priority under this section in the allocation of 
available disposal capacity at a regional disposal facility 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1847 
referred tx) in para^aphs (1) through (3) of subsection (b) 
and located in the sited compact region in which such waste 
is generated. 
"(B) Any State in which a regional disposal facility 
referred to in paragraphs (1) through (3) of subsection (b) is 
located may, subject to the provisions'of its compact, pro-
hibit the disposal at such facility of low-level radioactive 
waste generated outside of the compact region if the dis-
posal of such waste in any given calendar year, together 
with all other low-level radioactive waste disposed of at 
such facility within that same calendar year, would result 
in that facility disposing of a total annual volume of low-
level radioactive waste in excess of 100 per centum of the 
average annual volume for such facility designated in 
subsection Ot)): Provided, however. That in the event that all 
three States in which regional disposal facilities referred to 
in paragraphs (1) through (3) of subsection Oa) act to prohibit 
the disposal of low-level radioactive waste pursuant to this 
subparagraph, each such State shall, in accordance with 
any applicable procedures of its compact, permit, as nec-
essary, the disposal of additional quantities of such waste in 
increments of 10 per centum of the average annual volume 
for each such facility designated in subsection O
t
>
)
. 
"(C) Nothing in this paragraph shall require any disposal 
facility or State referred to in paragraphs (1) through (3) of 
subsection (b) to accept for disposal low-level radioactive 
waste in excess of the total amounts designated in subsec-
tion (b). 
"(4) 
CESSATION OF OPERATION OF LOW-LEVEL RADIOACTIVE 
WASTE DISPOSAL FACiUTY.—No provision of this section shall be 
construed to obligate any State referred to in paragraphs (1) 
through (3) of subsection (b) to accept low-level radioactive 
waste from any source in the event that the regional disposal 
facility located in such State ceases operations. 
"0)) LIMITATIONS.—The availability of disposal capacity for low-
level radioactive waste from any source shall be subject to the 
following limitations: 
"(1) BARNWELL, SOUTH CAROUNA.—The State of South Caro-
lina, in accordance with the provisions of its compact, may limit 
the volume of low-level radioactive waste accepted for disposal 
at the regional disposal facility located at Barnwell, South 
Carolina to a total of 8,400,000 cubic feet of low-level radioactive 
waste during the 7-year period beginning January 1, 1986, and 
ending December 31, 1992 (as based on an average annual 
volume of 1,200,000 cubic feet of low-level radioactive waste). 
"(2) RICHLAND, WASHINGTON.—The State of Washington, in 
accordance with the provisions of its compact, may limit the 
volume of low-level radioactive waste accepted for disposal at 
the regional disposal facility located at Richland, Washington to 
a total of 9,800,000 cubic feet of low-level radioactive waste 
during the 7-year period beginning January 1,1986, and ending 
December 31, 1992 (as based on an average annual volume of 
1,400,000 cubic feet of low-level radioactive waste). 
"(3) BEATTY, NEVADA.—The State of Nevada, in accordance 
with the provisions of its compact, may limit the volume of low-
level radioactive waste accepted for disposal at the regional 
disposal facility located at Beatty, Nevada to a total of 1,400,000 
Prohibition. 
Prohibition. 
99 STAT. 1848 
PUBLIC LAW 99-240—JAN. 15, 1986 
cubic feet of low-level radioactive waste during the 7-year period 
beginning January 1, 1986, and ending December 31, 1992 (as 
based on an average annual volume of 200,000 cubic feet of low-
level radioactive waste). 
"(c) COMMERCIAL NUCLEAR POWER REACTOR ALLOCATIONS.— 
"(1) AMOUNT.—Subject to the provisions of subsections (a) 
through (g) each commercial nuclear power reactor shall upon 
request receive an allocation of low-level radioactive waste 
disposal capacity (in cubic feet) at the facilities referred to in 
subsection (b) during the 4-year transition period beginning 
January 1, 1986, and ending December 31,1989, and during the 
3-year licensing period b^inning January 1, 1990, and ending 
December 31,1992, in an amount calculated by multipl3ring the 
appropriate number from the following table by the number of 
months remaining in the applicable period as determined under 
paragraph (2). 
"Reactor Type 
PWR 
BWR 
4-year Transition Period 
In Sited 
All Other 
Region 
Locations 
1027 
2300 
871 
1951 
3-year Licensing Period 
In Sited 
All Other 
R ^ o n 
Locations 
934 
685 
2091 
1533 
"(2) METHOD OP CALCULATION.—For purposes of calculating 
the aggregate amount of disposal capacity available to a 
commercial nuclear power reactor under this subsection, the 
number of months shall be computed beginning with the first 
month of the applicable period, or the sixteenth month after 
receipt of a full power operating license, whichever occurs later. 
"(3) UNUSED ALLOCATIONS.—Any unused allocation under 
paragraph (1) received by a reactor during the transition period 
or the licensing period may be used at any time after such 
reactor receives ite full power license or after the beginning of 
the pertinent period, whichever is later, but not in any event 
after December 31,1992, or after commencement of operation of 
a regional disp(»al facility in the compact region or State in 
which such reactor is located, whichever occurs first. 
"(4) TRANSFERABILITY.—Any commercial nuclear power reac-
tor in a State or compact region that is in compliance with the 
requirements of subsection (e) may assign any disposal capacity 
allocated to it under this subsection to any other person in each 
State or compact region. Such assignment may be for veduable 
consideration and shall be in writing, copies of which shall be 
filed at the affected compact commissions and States, along with 
the assignor's unconditional written waiver of the disposal 
capacity being assigned. 
(5) UNUSUAL VOLUMES.— 
"(A) The Secretary may, upon petition by the owner or 
operator of any commercial nuclear power reactor, allocate 
to such reactor disposal capacity in excess of the amount 
calculated under paragraph (1) if the Secretary finds and 
states in writing his reasons for so finding that making 
additional capacity available for such reactor through this 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1849 
paragraph is required to permit unusual or unexpected 
operating, maintenance, repair or safety activities. 
"(B) The Secretary may not make allocations pursuant to 
Prohibition, 
subparagraph (A) that would result in the acceptance for 
disposal of more than 800,000 cubic feet of low-level radio-
active waste or would result in the total of the allocations 
made pursuant to this subsection exceeding 11,900,000 cubic 
feet over the entire seven-year interim access period. 
"(6) LIMITATION.—During the seven-year interim access 
Prohibition. 
period referred to in subsection (a), the disposal facilities 
referred to in subsection Ot)) shall not be required to accept more 
than 11,900,000 cubic feet of low-level radioactive weiste gen-
erated by commercial nuclear power reactors. 
"(d)(1) SURCHARGES.—The disposal of any low-level radioactive 
waste under this section (other than low-level radioactive waste 
generated in a sited compact region) may be charged a surcharge by 
the State in which the applicable regional disposal facility is located, 
in addition to the fees and surcharges generally applicable for 
disposal of low-level radioactive waste in the regional disposal facil-
ity involved. Except as provided in subsection (eX2), such surcharges 
Prohibition. 
slid.ll not^ G
x
c
G
G
d
—
~ 
"(A) in 1986 and 1987, $10 per cubic foot of low-level radio-
"(B) in 1988 and 1989, $20 per cubic foot of low-level radio-
"(C) in 1990, 1991, and 1992, $40 per cubic foot of low-level 
radioactive waste. 
"(2) MILESTONE INCENTIVES.— 
"(A) ESCROW ACCOUNT.—Twenty-five per centum of all sur-
charge fees received by a State pursuant to paragraph (1) during 
the seven-year period referred to in subsection (a) shall be 
transferred on a monthly basis to an escrow account held by the 
Secretary. The Secretary shall deposit all funds received in a 
special escrow account. The funds so deposited shall not be the 
property of the United States. The Secretary shall act as trustee 
for such funds and shall invest them in interest-bearing United 
States Government Securities with the highest available yield. 
Such funds shall be held by the Secretary until— 
"(i) paid or repaid in accordance with subparagraph (B) or 
(C); or 
"(ii) paid to the State collecting such fees in accordance 
with subparagraph (F). 
"(B) PAYMENTS.— 
"(i) JULY i, 1986.—The twenty-five per centum of any 
amount collected by a State under paragraph (1) for low-
level radioactive waste disposed of under this section during 
the period beginning on the date of enactment of the Low-
Level Radioactive Waste Policy Amendments Act of 1985 Ante, p. 1842. 
and ending June 30, 1986, and transferred to the Secretary 
under subparagraph (A), shall be paid by the Secretary in 
accordance with subparagraph (D) if the milestone de-
scribed in subsection (e)(1)(A) is met by the State in which 
such waste originated. 
"(ii) JANUARY i, 1988.—The twenty-five per centum of 
any amount collected by a State under paragraph (1) for 
low-level radioactive waste disposed of under this section 
during the period beginning July 1,1986 and ending Decem-
STAT. 1850 
PUBLIC LAW 99-240—JAN. 15, 1986 
ber 31, 1987, and transferred to the Secretary under 
subparagraph (A), shall be paid by the Secretary in accord-
ance with subparagraph (D) if the milestone described in 
subsection (eXlXB) is met by the State in which such waste 
originated (or its compact region, where applicable). 
"(iii) JANUARY i, 1990.—The twenty-five per centum of 
any amount collected by a State under parsigraph (1) for 
low-level radioactive waste disposed of under this section 
during the period beginning January 1, 1988 and ending 
December 31, 1989, and transferred to the Secretary under 
subparagraph (A), shall be paid by the Secretary in accord-
ance with subparagraph (D) if the milestone described in 
subsection (eXlXC) is met by the State in which such waste 
originated (or its compact region, where applicable). 
"(iv) The twenty-five per centum of any amount collected 
by a State under pars^aph (1) for low-level radioactive 
waste disposed of under this section during the period 
beginning January 1, 1990 and ending December 31, 1992, 
and transferred to the Secretary under subparagrah (A), 
shall be paid by the Secretary in accordance with subpara-
graph (D) if, by January 1, 1993, the State in which such 
waste originated (or its compact region, where applicable) is 
able to provide for the disposal of all low-level radioactive 
waste generated within such State or compact region. 
"(C) 
FAILURE TO MEET JANUARY i, 1993 
DEADUNE.—If, 
by 
Jgmuary 1,1993, a State (or, where applicable, a compact region) 
in which low-level radioactive waste is generated is unable to 
provide for the disposal of all such waste generated within such 
State or compact region— 
"(i) each State in which such waste is generated, upon the 
request of the generator or owner of the waste, shall take 
title to the waste, shall be obligated to t£ike possession of 
the waste, and shall be liable for all damages directly or 
indirectly incurred by such generator or owner as a con-
sequence of the failure of the State to take possession of the 
waste as soon after January 1, 1993 as the generator or 
owner notifies the State that the waste is available for 
shipment; or 
(ii) if such State elects not to take title to, take posses-
sion of, and assume liability for such waste, pursuant to 
clause (i), twenty-five per centum of any amount collected 
by a State under paragraph (1) for low-level radioactive 
waste disposed of under this section during the period 
beginning January 1, 1990 and ending December 31, 1992 
shall be repaid, with interest, to each generator from whom 
such surcharge was collected. Repayments made pursuant 
to this clause shall be made on a monthly basis, with the 
first such repayment beginning on February 1, 1993, in an 
amount equal to one thirty-sixth of the total amount re-
quired to be repaid pursuant to this clause, and shall 
continue until the State (or, where applicable, compact 
region) in which such low-level radioactive waste is gen-
erated is able to provide for the disposal of all such waste 
generated within such State or compact region or until 
January 1,1996, whichever is earlier. 
If a State in which low-level radioactive waste is generated 
elects to take title to, take possession of, and eissume liability for 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1851 
such waste pursuant to clause (i), such State shall be paid such 
amounts as are designated in subparagraph (BXiv). If a State 
(or, where applicable, a compact region) in which low-level 
radioactive waste is generated provides for the disposal of such 
waste at any time after January 1,1993 and prior to January 1, 
1996, such State (or, where applicable, compact region) shall be 
paid in accordance with subparagraph (D) a lump sum amount 
equal to twenty-five per centum of any amount collected by a 
State under paragraph (1): Provided, however, That such pay-
ment shall be adjusted to reflect the remaining number of 
months between January 1,1993 and January 1,1996 for which 
such State (or, where applicable, compact region) provides for 
the disposal of such weiste. If a State (or, where applicable, a 
compact region) in which low-level radioactive waste is gen-
erated is unable to provide for the disposal of all such waste 
generated within such State or compact region by January 1, 
1996, each State in which such waste is generated, upon the 
request of the generator or owner of the waste, shall take title 
to the waste, be obligated to take possession of the waste, and 
shall be liable for all damages directly or indirectly incurred by 
such generator or owner as a consequence of the failure of the 
State to take possession of the waste as soon after January 1, 
1996, as the generator or owner notifies the State that the waste 
is available for shipment. 
"(D) RECIPIENTS OF PAYMENTS.—The payments described in 
subparagraphs (B) and (C) shall be paid within thirty days after 
the applicable date— 
"(i) if the State in which such waste originated is not a 
member of a compact region, to such State; 
*'(ii) if the State in which such waste originated is a 
member of the compact region, to the compact commission 
serving such State. 
"(E) USES OF PAYMENTS.— 
"(i) LIMITATIONS.—Any amount paid under subpara-
graphs (B) or (C) may only be used to— 
"(I) establish low-level radioactive waste disposal 
facilities; 
"(II) mitigate the impact of low-level radioactive 
w£iste disposal facilities on the host State; 
"(III) regulate low-level radioactive waste disposal 
facilities; or 
"(IV) ensure the decommissioning, closure, and care 
during the period of institutional control of low-level 
radioactive waste disposal facilities, 
"(ii) REPORTS.— 
"(I) RECIPIENT.—Any State or compact commission 
receiving a payment under subparagraphs (B) or (C) 
shall, on December 31 of each year in which any such 
funds are expended, submit a report to the Department 
of Energy itemizing any such expenditures. 
"(II) DEPARTMENT OF ENERGY.—Not later than six Reports, 
months after receiving the reports under subclause (I), 
the Secretary shall submit to the Congress a summary 
of all such reports that shall include an assessment of 
the compliance of each such State or compact commis-
sion with the requirements of clause (i). 
99 STAT. 1852 
PUBLIC LAW 99-240—JAN. 15, 1986 
"(F) PAYMENT TO STATES.—Any amount collected by a State 
under paragraph (1) that is placed in escrow under subpara-
graph (A) and not paid to a State or compact commission under 
subparagraphs (B) and (C) or not repaid to a generator under 
subparagraph (C) shall be paid from such escrow account to 
such State collecting such payment under paragraph (1). Such 
payment shall be made not later than 30 days after a deter-
mination of ineligibility for a refund is made. 
Prohibition. 
"(G) PENALTY SURCHARGES.—No rebate shall be made under 
this subsection of any surcharge or penalty surcharge paid 
during a period of noncompliance with subsection (eXD-
"(e) REQUIREMENTS FOR ACCESS TO REGIONAL DISPOSAL FACIU-
TIES.— 
"(1) REQUIREMENTS FOR NON-SITED COMPACT REGIONS AND NON-
MEMBER STATES.—Each non-sited compact region, or State that 
is not a member of a compact region that does not have an 
operating disposal facility, shall comply with the following 
requirements: 
"(A) By July 1, 1986, each such non-member State shall 
ratify compact legislation or, by the enactment of legisla-
tion or the certification of the Governor, indicate its intent 
to develop a site for the location of a low-level radioactive 
waste disposal facility within such State. 
"(B) B Y JANUARY 1, 1988.— 
"(i) each non-sited compact region shall identify the 
State in which its low-level radioactive waste disposal 
facility is to be located, or shall have selected the 
developer for such facility and the site to be developed, 
and each compact region or the State in which its low-
level radioactive waste disposal facility is to be located 
shall develop a siting plan for such facility providing 
detailed procedures and a schedule for establishing a 
facility location and preparing a facility license applica-
tion and shall delegate authority to implement such 
plan; 
"(ii) each non-member State shall develop a siting 
plan providing detailed procedures and a schedule for 
establishing a facility location and preparing a facility 
license application for a low-level radioactive waste 
disposal facility and shall delegate authority to imple-
ment such plan; and 
"(iii) The siting plan required pursuant to this para-
graph shall include a description of the optimum way 
to attain operation of the low-level radioactive waste 
disposal facility involved, within the time period speci-
fied in this Act. Such plan shall include a description of 
the objectives and a sequence of deadlines for all enti-
ties required to take action to implement such plan, 
including, to the extent practicable, an identification of 
the activities in which a delay in the start, or comple-
tion, of such activities will cause a delay in beginning 
facility operation. Such plan shall also identify, to the 
extent practicable, the process for (1) screening for 
broad siting areas; (2) identifying and evaluating spe-
cific candidate sites; and (3) characterizing the pre-
ferred site(s), completing all necessary environmental 
assessments, and preparing a license application for 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1853 
submission to the Nuclear Regulatory Commission or 
an Agreement State. 
"(C) B Y JANUARY 1, 1990.— 
"(i) a complete application (as determined by the 
Nuclear Regulatory Commission or the appropriate 
agency of an agreement State) shall be filed for a 
license to operate a low-level radioactive waste disposal 
facility within each non-sited compact region or within 
each non-member State; or 
"(ii) the Governor (or, for any State without a Gov-
ernor, the chief executive officer) of any State that is 
not a member of a compact region in compliance with 
clause (i), or has not complied with such clause by its 
own actions, shall provide a written certification to the 
Nuclear Regulatory Commission, that such State will 
be capable of providing for, and will provide for, the 
storage, disposal, or mancigement of any low-level 
radioactive waste generated within such State and 
requiring disposal after December 31,1992, and include 
a description of the actions that will be taken to ensure 
that such capacity exists. 
"(D) By January 1,1992, a complete application (as deter-
mined by the Nuclear Regulatory Commission or the appro-
priate agency of an agreement State) shall be filed for a 
license to operate a low-level radioactive waste disposal 
facility within each non-sited compact region or within each 
non-member State. 
"(E) The Nuclear Regulatory Commission shall transmit 
any certification received under subparagraph (C) to the 
Congress and publish any such certification in the Federal 
Register. 
"(F) Any State may, subject to all applicable provisions, if 
any, of any applicable compact, enter into an agreement 
with the compact commission of a region in which a re-
gional disposal facility is located to provide for the disposal 
of all low-level radioactive waste generated within such 
State, and, by virtue of such agreement, may, with the 
approval of the State in which the regional disposal facility 
is located, be deemed to be in compliance with subpara-
graphs (A), (B), (C), and (D). 
'(2) PENALTIES FOR FAILURE TO COMPLY.— 
"(A) BY JULY 1, 1986.—If any State fails to comply with 
subparagraph (1)(A)— 
"(i) any generator of low-level radioactive waste 
within such region or non-member State shall, for the 
period beginning July 1,1986, and ending December 31, 
1986, be charged 2 times the surcharge otherwise 
applicable under subsection (d); and 
"(ii) on or after January 1, 1987, any low-level radio-
active waste generated within such region or non-
member State may be denied access to the regional 
disposal facilities referred to in paragraphs (1) through 
(3) of subsection (b). 
"(B) BY J
A
N
U
A
R
Y 1, 1988.—If any non-sited compact 
region or non-member State fails to comply with paragraph 
(1)(B)-
Federal Register, 
publication. 
Contracts. 
99 STAT. 1854 
PUBLIC LAW 99-240—JAN. 15, 1986 
Prohibition. 
Termination. 
"(i) any generator of low-level radioactive waste 
within such region or non-member State shall— 
"(I) for the period beginning January 1, 1988, 
and ending June 30, 1988, be charged 2 times the 
surcharge otherwise applicable under subsection 
(d); and 
"(II) for the period beginning July 1, 1988, and 
ending December 31, 1988, be charged 4 times the 
surcharge otherwise applicable under subsection 
(d); and 
"(ii) on or after January 1, 1989, any low-level radio-
active waste generated within such region or non-
member State may be denied access to the regional 
disposal facilities referred to in paragraphs (1) through 
(3) of subsection flt)). 
"(C) BY JANUARY 1, 1990.—If any non-sited compact 
region or non-member State fails to comply with parsigraph 
(IXC), any low-level radioactive waste generated within 
such region or non-member State may be denied access to 
the regional disposal facilities referred to in paragraphs (1) 
through (3) of subsection O
t
>
)
. 
"(D) BY JANUARY 1, 1992.—If any non-sited compact 
region or non-member State fails to comply with paragraph 
dXD), any generator of low-level radioactive waste within 
such region or non-member State shall, for the period 
beginning January 1,1992 and ending upon the filing of the 
application described in paragraph (IXD), be charged 3 
times the surcharge otherwise applicable under subsection 
(d). 
"(3) DENIAL OF ACCESS.—No denial or suspension of access to a 
regional disposal facility under paragraph (2) may be based on 
the source, class, or type of low-level radioactive waste. 
"(4) RESTORATION OF SUSPENDED ACCESS; PENALTIES FOR FAIL-
URE TO COMPLY.—Any access to a regional disposal facility that 
is suspended under paragraph (2) shall be restored after the 
non-sited compact region or non-member State involved com-
plies with such requirement. Any payment of surcharge pen-
alties pursuant to paragraph (2) for failure to comply with the 
requirements of subsection (e) shall be terminated after the non-
sited compact region or non-member State involved complies 
with such requirements. 
"(fKD ADMINISTRATION.—Each State and compact commission in 
which a regional disposal facility referred to in paragraphs (1) 
through (3) of subsection (b) is located shall have authority— 
"(A) to monitor compliance with the limitations, allocations, 
and requirements established in this section; and 
"(B) to deny access to any non-Federal low-level radioactive 
waste disposal facilities within its borders to any low-level 
radioactive waste that— 
"(i) is in excess of the limitations or allocations estab-
lished in this section; or 
"(ii) is not required to be accepted due to the failure of a 
compact region or State to comply with the requirements of 
subsection (eXD. 
"(2) 
AVAILABILITY OF INFORMATION DURING INTERIM ACCESS 
PERIOD.— 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1855 
"(A) The States of South Carolina, Washington, and Nevada 
may require information from disposal facility operators, 
generators, intermediate handlers, and the Department of 
Energy that is reasonably necessary to monitor the availability 
of disposal capacity, the use and assignment of allocations and 
the applicability of surcharges. 
"(B) The States of South Carolina, Washington, and Nevada 
may, after written notice followed by a period of at least 30 
days, deny access to disposal capacity to any generator or 
intermediate handler who fails to provide information under 
subparagraph (A). 
"(C) PROPRIETARY INFORMATION.— 
"(i) Trade secrets, proprietary and other confidential 
information shall be made available to a State under this 
subsection upon request only if such State— 
"(I) consents in writing to restrict the dissemination 
of the information to those who are directly involved in 
monitoring under subparagraph (A) and who have a 
need to know; 
"(II) accepts liability for wrongful disclosure; and 
"(III) demonstrates that such information is essential 
to such monitoring, 
"(ii) The United States shall not be liable for the wron^ul 
disclosure by any individual or State of any information 
provided to such individual or State under this subsection, 
"(iii) Whenever any individual or State has obtained 
possession of information under this subsection, the individ-
ual shall be subject to the same provisions of law with 
respect to the disclosure of such information as would apply 
to an officer or employee of the United States or of any 
department or agency thereof and the State shall be subject 
to the same provisions of law with respect to the disclosure 
of such information as would apply to the United States or 
any department or agency thereof. No State or State officer 
or employee who receives trade secrets, proprietary 
information, or other confidential information under this 
Act may be required to disclose such information under 
State law. 
"(g) NONDISCRIMINATION.—Except as provided in subsections (b) 
through (e), low-level radioactive waste disposed of under this sec-
tion shall be subject without discrimination to all applicable legal 
requirements of the compact region and State in which the disposal 
facility is located as if such low-level radioactive waste were gen-
erated within such compact region. 
"SEC. 6. EMERGENCY ACCESS. 
"(a) IN GENERAL.—The Nuclear Regulatory Commission may 
grant emergency access to any regional disposal facility or non-
Federal disposal facility within a State that is not a member of a 
compact for specific low-level radioactive waste, if necessary to 
eliminate an immediate and serious threat to the public health and 
safety or the common defense and security. The procedure for 
granting emergency access shall be as provided in this section. 
"(b) REQUEST FOR EMERGENCY ACCESS.—Any generator of low-level 
radioactive waste, or any Governor (or, for any State without a 
Governor, the chief executive officer of the State) on behalf of any 
generator or generators located in his or her State, may request that 
South Carolina. 
Washington. 
Nevada. 
South Carolina. 
Washington. 
Nevada. 
Prohibition. 
Government 
organization and 
employees. 
Commerce and 
trade. 
42 u s e 2021f. 
Health. 
Safety. 
Defense and 
national 
security. 
99 STAT. 1856 
PUBLIC LAW 99-240—JAN. 15, 1986 
Health. 
Safety. 
Defense and 
national 
security. 
Ante, p. 1846. 
Prohibition. 
Health. 
Safety. 
Defense and 
national 
security. 
Health. 
Safety. 
Defense and 
national 
security. 
the Nuclear Regulatory Commission grant emergency access to a 
regional disposal facility or a non-Federal disposal facility within a 
State that is not a member of a compact for specific low-level 
radioactive waste. Any such request shall contain any information 
and certifications the Nuclear Regulatory Commission may require. 
"(c) DETERMINATION OF NUCLEAR REGULATORY COMMISSION.— 
"(1) REQUIRED DETERMINATION.—Not later than 45 days after 
receiving a request under subsection (b), the Nuclear Regu-
latory Commission shall determine whether— 
"(A) emergency access is necessary because of an imme-
diate and serious threat to the public health and safety or 
the common defense and security; and 
"(B) the threat cannot be mitigated by any alternative 
consistent with the public health and safety, including 
storage of low-level radioactive waste at the site of genera-
tion or in a storage facility obtaining access to a disposal 
facility by voluntary agreement, purchasing disposal capac-
ity available for assignment pursuant to section 5(c) or 
ceasing activities that generate low-level radioactive waste. 
"(2) REQUIRED NOTIFICATION.—If the Nuclear Regulatory 
Commission makes the determinations required in paragraph 
(1) in the affirmative, it shall designate an appropriate non-
Federal disposal facility or facilities, and notify the Governor 
(or chief executive officer) of the State in which such facility is 
located and the appropriate compact commission that emer-
gency access is required. Such notification shall specifically 
describe the low-level radioactive waste as to source, physical 
and radiological characteristics, and the minimum volume and 
duration, not exceeding 180 days, necessary to alleviate the 
immediate threat to public health and safety or the common 
defense and security. The Nuclear Regulatory Commission shall 
also notify the (Jovemor (or chief executive officer) of the State 
in which the low-level radioactive waste requiring emergency 
access was generated that emergency access has been granted 
and that, pursuant to subsection (e), no extension of emergency 
access may be granted absent diligent State action during the 
period of the initial grant. 
"(d) TEMPORARY EMERGENCY ACCESS.—Upon determining that 
emergency access is necessary because of an immediate and serious 
threat to the public health and safety or the common defense and 
security, the Nuclear Regulatory Commission may at its discretion 
grant temporary emergency access, pending its determination 
whether the threat could be mitigated by any alternative consistent 
with the public health and safety. In granting access under this 
subsection, the Nuclear Regulatory Commission shall provide the 
same notification and information required under subsection (c). 
Absent a determination that no alternative consistent with the 
public health and safety would mitigate the threat, access granted 
under this subsection shall expire 45 days after the granting of 
temporary emergency access under this subsection. 
"(e) EXTENSION OF EMERGENCY ACCESS.—The Nuclear Regulatory 
Commission may grant one extension of emergency access beyond 
the period provided in subsection (c), if it determines that emergency 
access continues to be necessary because of an immediate and 
serious threat to the public health and safety or the common defense 
and security that cannot be mitigated by any alternative consistent 
with the public health and safety, and that the generator of low-
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1857 
level radioactive waste granted emergency access and the State in 
which such low-level radioactive waste was generated have dili-
gently though unsuccessfully acted during the period of the initial 
grant to eliminate the need for emergency access. Any extension 
granted under this subsection shall be for the minimum volume and 
duration the Nuclear Regulatory Commission finds necessary to 
eliminate the immediate threat to public health and safety or the 
common defense and security, and shall not in any event exceed 180 
days. 
"(f) RECIPROCAL ACCESS.—Any compact region or State not a 
member of a compact that provides emergency access to non-Federal 
disposal facilities within its borders shall be entitled to reciprocal 
access to any subsequently operating non-Federal disposal facility 
that serves the State or compact region in which low-level radio-
active waste granted emergency access was generated. The compact 
commission or State having authority to approve importation of low-
level radioactive waste to the disposal facility to which emergency 
access was granted shall designate for reciprocal access an equal 
volume of low-level radioactive waste having similar characteristics 
to that provided emergency access. 
"(g) APPROVAL BY COMPACT COMMISSION.—Any grant of access 
under this section shall be submitted to the compact commission for 
the region in which the designated disposal facility is located for 
such approval as may be required under the terms of its compact. 
Any such compact commission shall act to approve emergency 
access not later than 15 days after receiving notification from the 
Nuclear Regulatory Commission, or reciprocal access not later than 
15 days after receiving notification from the appropriate authority 
under subsection (f). 
"(h) LIMITATIONS.—No State shall be required to provide emer- Prohibitions, 
gency or reciprocal access to any regional disposal facility within its 
borders for low-level radioactive waste not meeting criteria estab-
lished by the license or license agreement of such facility, or in 
excess of the approved capacity of such facility, or to delay the 
closing of any such facility pursuant to plans established before 
receiving a request for emergency or reciprocal access. No State 
shall, during any 12-month period, be required to provide emergency 
or reciprocal access to any regional disposal facility within its 
borders for more than 20 percent of the total volume of low-level 
radioactive waste accepted for disposal at such facility during the 
previous calendar year. 
"(i) VOLUME REDUCTION AND SURCHARGES.—Any low-level radio-
active waste delivered for disposal under this section shall be re-
duced in volume to the maximum extent practicable and shall be 
subject to surcharges established in this Act. 
"(j) DEDUCTION FROM ALLOCATION.—Any volume of low-level 
radioactive waste granted emergency or reciprocal access under this 
section, if generated by any commercial nuclear power reactor, shall 
be deducted from the low-level radioactive waste volume allocable 
under section 5(c). 
Ante, p. 1846. 
"(k) AGREEMENT STATES.—Any agreement under section 274 of the Prohibition. 
Atomic Energy Act of 1954 (42 U.S.C. 2021) shall not be applicable to 
the determinations of the Nuclear Regulatory Commission under 
this section. 
99 STAT. 1858 
PUBLIC LAW 99-240—JAN. 15, 1986 
Science eind 
technology. 
Transportation. 
Health. 
Safety. 
Science and 
technology. 
Transportation. 
42 u s e 2021g. 
"SEC. 7. RESPONSIBILITIES OF THE DEPARTMENT OF ENERGY. 
"(a) FINANCIAL AND TECHNICAL ASSISTANCE.—The Secretary shall, 
to the extent provided in appropriations Act, provide to those com-
pact regions, host States, and nonmember States detemined by the 
Secretary to require assistance for purposes of carrying out this 
Act— 
"(1) continuing technical assistance to assist them in fulfilling 
their responsibilities under this Act. Such technical assistance 
shall include, but not be limited to, technical guidelines for site 
selection, alternative technologies for low-level radioactive 
waste disposal, volume reduction options, management tech-
niques to reduce low-level waste generation, transportation 
practices for shipment of low-level wastes, health and safety 
considerations in the storage, shipment and disposal of low-level 
radioactive wastes, and establishment of a computerized data-
base to monitor the management of low-level radioactive 
wastes; and 
"(2) through the end of fiscal year 1993, financial assistance to 
assist them in fulfilling their responsibilities under this Act. 
"(b) REPORTS.—The Secretary shall prepare and submit to the 
Congress on an annual basis a report which (1) summarizes the 
progress of low-level waste disposal siting and licensing activities 
within each compact region, (2) reviews the available volume reduc-
tion technologies, their applications, effectiveness, and costs on a per 
unit volume basis, (3) reviews interim storage facility requirements, 
costs, and usage, (4) summarizes transportation requirements for 
such wastes on an inter- and intra-regional basis, (5) summarizes the 
data on the total amount of low-level waste shipped for disposal on a 
yearly basis, the proportion of such wastes subjected to volume 
reduction, the average volume reduction attained, and the propor-
tion of wastes stored on an interim basis, and (6) projects the interim 
storage and final disposal volume requirements anticipated for the 
following year, on a regional basis. 
42 u s e 2021h. 
"SEC. 8. ALTERNATIVE DISPOSAL METHODS. 
"(a) Not later than 12 months after the date of enactment of the 
Ante, p. 1842. 
Low-Level Radioactive Waste Policy Amendments Act of 1985, the 
Nuclear Regulatory Commission shall, in consultation with the 
States and other interested persons, identify methods for the dis-
posal of low-level radioactive waste other than shallow land burial, 
and establish and publish technical guidance regarding licensing of 
facilities that use such methods. 
"(b) Not later than 24 months after the date of enactment of the 
Low-Level Radioactive Waste Policy Amendments Act of 1985, the 
Commission shall, in consultation with the States and other in-
terested persons, identify and publish all relevant technical 
information regarding the methods identified pursuant to subsec-
tion (a) that a State or compact must provide to the Commission in 
order to pursue such methods, together with the technical require-
ments that such facilities must meet, in the judgment of the 
Commission, if pursued as an alternative to shallow land burial. 
Such technical information and requirements shall include, but 
need not be limited to, site suitability, site design, facility operation, 
disposal site closure, and environmental monitoring, as necessary to 
meet the performance objectives established by the Commission for 
a licensed low-level radioactive waste disposal facility. The Commis-
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1859 
sion shall specify and publish such requirements in a manner and 
form deemed appropriate by the Commission. 
•SEC. 9. LICENSING REVIEW AND APPROVAL. 
42 use 20211. 
"In order to ensure the timely development of new low-level 
radioactive waste disposal facilities, the Nuclear Regulatory 
Commission or, as appropriate, agreement States, shall consider an 
application for a disposal facility license in accordance with the laws 
applicable to such application, except that the Commission and the 
agreement state shall— 
"(1) not later than 12 months after the date of enactment of 
the Low-Level Radioactive Waste Policy Amendments Act of 
1985, establish procedures and develop the technical capability Ante, p. 1842. 
for processing applications for such licenses; 
"(2) to the extent practicable, complete all activities associ-
ated with the review and processing of any application for such 
a license (except for public hearings) no later than 15 months 
sifter the date of receipt of such application; and 
"(3) to the extent practicable, consolidate all required tech-
nical and environmental reviews and public hearings. 
"SEC. 10. RADIOACTIVE WASTE BELOW REGULATORY CONCERN. 
"(a) Not later than 6 months after the date of enactment of the 
Low-Level Radioactive Waste Policy Amendments Act of 1985, the 
Commission shall establish standards and procedures, pursuant to 
existing authority, and develop the technical capabiHty for consider-
ing and acting upon petitions to exempt specific radioactive waste 
streams from regulation by the Commission due to the presence of 
radionuclides in such waste streams in sufficiently low concentra-
tions or quantities as to be below r^ulatory concern. 
"(b) The standards and procedures established by the Commission 
pursuant to subsection (a) shall set forth all information required to 
be submitted to the Commission by licensees in support of such 
petitions, including, but not limited to— 
"(1) a detailed description of the waste materials, including 
their origin, chemical composition, physical state, volume, and 
mass; and 
"(2) the concentration or contamination levels, half-lives, and 
identities of the radionuclides present. 
Such standards and procedures shall provide that, upon receipt of a 
petition to exempt a specific radioactive waste stream from regula-
tion by the Commission, the Commission shall determine in an 
expeditious manner whether the concentration or quantity of 
radionuclides present in such waste stream requires regulation by 
the Commission in order to protect the public health and safety. 
Where the Commission determines that r^ulation of a radioactive 
waste stream is not necessary to protect the public health and 
safety, the Commission shall taJte such steps as may be necessary, in 
an expeditious manner, to exempt the disposal of such radioactive 
waste from regulation by the Commission.". 
TITLE II—OMNIBUS LOW-LEVEL RADIOACTIVE WASTE 
INTERSTATE COMPACT CONSENT ACT 
SEC. 201. SHORT TITLE. 
This Title may be cited as the "Omnibus Low-Level Radioactive 
Waste Interstate Compact Consent Act". 
42 use 2021J. 
Health. 
Safety. 
Regulation. 
Omnibus Low-
Level 
Radioactive 
Waste 
Interstate 
Compact 
Consent Act. 
42 use 2021d 
note. 
99 STAT. 1860 
PUBLIC LAW 99-240—JAN. 15, 1986 
Subtitle A—General Provisions 
42 u s e 2021d 
note. 
Infra. 
42 u s e 2021d 
note. 
Effective date. 
42 u s e 2021d 
note. 
42 u s e 2021d 
note. 
Alaska. 
Hawaii. 
Idaho. 
Montana. 
Oregon. 
Utah. 
Washington. 
Wyoming. 
SEC. 211. CONGRESSIONAL FINDING. 
The Congress hereby finds that each of the compacts set forth in 
subtitle B is in furtherance of the Low-Level Radioactive Waste 
Policy Act. 
SEC. 212. CONDITIONS OF CONSENT TO COMPACTS. 
The consent of the Congress to each of the compacts set forth in 
subtitle B— 
(1) shall become effective on the date of the enactment of this 
Act; 
(2) is granted subject to the provisions of the Low-Level 
Radioactive Waste Policy Act, as amended; and 
(3) is granted only for so long as the regional commission, 
committee, or board established in the compact complies with 
all of the provisions of such Act. 
SEC. 213. CONGRESSIONAL REVIEW. 
The Congress may alter, amend, or repeal this Act with respect to 
any compact set forth in subtitle B after the expiration of the 10-
year period following the date of the enactment of this Act, and at 
such intervals thereafter as may be provided in such compact. 
Subtitle B—Congressional Consent to Compacts 
SEC. 221. NORTHWEST INTERSTATE COMPACT ON LOW-LEVEL RADIO-
ACTIVE WASTE MANAGEMENT. 
The consent of Congress is hereby given to the states of Alaska, 
Hawaii, Idaho, Montana, Oregon, Utah, Washington, and Wyoming 
to enter into the Northwest Interstate Compact on Low-level Radio-
active Waste Management, and to each and every part and article 
thereof. Such compact reads substantially as follows: 
"NORTHWEST INTERSTATE COMPACT ON LOW-LEVEL RADIOACTIVE 
WASTE MANAGEMENT 
Health. 
Safety. 
ARTICLE I—POUCY AND PURPOSE 
"The party states recognize that low-level radioactive wastes are 
generated by essential activities and services that benefit the citi-
zens of the states. It is further recognized that the protection of the 
health and safety of the citizens of the party states and the most 
economical management of low-level radioactive wastes can be 
accomplished through cooperation of the states in minimizing the 
amount of handling and transportation required to dispose of such 
wastes and through the cooperation of the states in providing 
facilities that serve the region. It is the policy of the party states to 
undertake the necessary cooperation to protect the health and 
safety of the citizens of the party states and to provide for the most 
economical management of low-level radioactive wastes on a 
continuing basis. It is the purpose of this compact to provide the 
means for such a cooperative effort among the party states so that 
the protection of the citizens of the states and the maintenance of 
the viability of the states' economies will be enhanced while sharing 
the responsibilities of radioactive low-level waste management. 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1861 
ARTICLE II—DEFINITIONS 
"As used in this compact: 
"(1) 'Facility' means any site, location, structure, or property 
used or to be used for the storage, treatment, or disposal of low-
level waste, excluding federal waste facilities; 
"(2) 'Low-level waste' means waste material which contains 
radioactive nuclides emitting primarily beta or gamma radi-
ation, or both, in concentrations or quantities which exceed 
applicable federal or state standards for unrestricted release. 
Low-level waste does not include waste containing more than 
ten (10) nanocuries of transuranic contaminants per gram of 
material, nor spent reactor fuel, nor material classified as 
either high-level waste or waste which is unsuited for disposal 
by near-surface burial under any applicable federal regulations; 
"(3) 'Generator' means any person, partnership, association, 
corporation, or any other entity whatsoever which, as a part of 
its activities, produces low-level radioactive waste; 
"(4) 'Host state' means a state in which a facility is located. 
"ARTICLE III—REGULATORY PRACTICES 
"Each party state hereby agrees to adopt practices which will 
require low-level waste shipments originating within its borders and 
destined for a facility within another party state to conform to the 
applicable packaging and transportation requirements and regula-
tions of the host state. Such practices shall include: 
"(1) Maintaining an inventory of all generators within the 
state that have shipped or expect to ship low-level waste to 
facilities in another party state; 
"(2) Periodic unannounced inspection of the premises of such 
generators and the waste management activities thereon; 
"(3) Authorization of the containers in which such waste may 
be shipped, and a requirement that generators use only that 
type of container authorized by the state; 
(4) Assurance that inspections of the carriers which trans-
port such waste are conducted by proper authorities, and appro-
priate enforcement action taken for violations; 
"(.5) After receiving notification from a host state that a 
generator within the party state is in violation of applicable 
packaging or transportation standards, the party state will take 
appropriate action to assure that such violations do not recur. 
Such action may include inspection of every individual low-level 
waste shipment by that generator. 
Each party state may impose fees upon generators and shippers to 
recover the cost of the inspections and other practices under this 
article. Nothing in this article shall be construed to limit any party 
state's authority to impose additional or more stringent standarcfe 
on generators or carriers than those required under this article. 
"ARTICLE IV—REGIONAL FACIUTIES 
"(1) Facilities located in any party state, other than facilities 
established or maintained by individual low-level waste generators 
for the management of their own low-level waste, shall accept low-
level waste generated in any party state if such waste has been 
packaged and transported according to applicable laws and 
regulations. 
Transportation. 
Transportation. 
99 STAT. 1862 
PUBLIC LAW 99-240—JAN. 15, 1986 
Regulations. 
Health. 
Safety. 
Hazardous 
materials. 
Washington. 
Oregon. 
Idaho. 
Prohibition. 
"(2) No facility located in any party state may accept low-level 
waste generated outside of the region comprised of the party states, 
except as provided in article V. 
"(3) Until such time as paragraph (2) of article IV takes effect, 
facilities located in any party state may accept low-level waste 
generated outside of any of the party states only if such waste is 
accompanied by a certificate of compliance issued by an official of 
the state in which such waste shipment originated. Such certificate 
shall be in such form as may be required by the host state, and shall 
contain at least the following: 
"(A) The generator's name and address; 
"(B) A description of the contents of the low-level waste 
container. 
"(C) A statement that the low-level waste being shipped has 
been inspected by the official who issued the certificate or by his 
agent or by a representative of the United States Nuclear 
Regulatory Commission, and found to have been packaged in 
compliance with applicable Federal regulations and such addi-
tional requirements as may be imposed by the host state; 
"(D) A binding agreement by the state of origin to reimburse 
any party state for any liability or expense incurred as a result 
of an accidental release of such waste during shipment or after 
such waste reaches the facility. 
"(4) Each party state shall cooperate with the other party states in 
determining the appropriate site of any facility that might be 
required within the region comprised of the party states, in order to 
maximize public health and safety while minimizing the use of any 
one (1) party state as the host of such facilities on a permanent basis. 
Each party state further agrees that decisions regarding low-level 
waste management facilities in their region will be reached through 
a good faith process which takes into account the burdens borne by 
each of the party states as well as the benefits each has received. 
"(5) The party states recognize that the issue of hazardous chemi-
cal waste management is similar in many respects to that of low-
level waste management. Therefore, in consideration of the State of 
Washington allowing access to its low-level waste disposal facility by 
generators in other party states, party states such as Oregon and 
Idaho which host hazardous chemical waste disposal facilities will 
allow access to such facilities by generators within other party 
states. Nothing in this compact shall be construed to prevent any 
party state from limiting the nature and type of hazardous chemical 
or low-level wastes to be accepted at facilities within its borders or 
from ordering the closure of such facilities, so long as such action by 
a host state is applied equally to all generators within the region 
comprised of the party states. 
"(6) Any host state may establish a schedule of fees and require-
ments related to its facility, to assure that closure, perpetual care, 
and maintenance and contingency requirements are met, including 
adequate bonding. 
ARTICLE V—NORTHWEST LOW-LEVEL WASTE COMPACT COMMITTEE 
"The governor of each party state shall designate one (1) official of 
that state as the person responsible for administration of this 
compact. The officials so designated shall together comprise the 
northwest low-level waste compact committee. The committee shall 
meet as required to consider matters arising under this compact. 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1863 
The parties shall inform the committee of existing regulations Regulations. 
concerning low-level waste management in their states, and shall 
afford all parties a reasonable opportunity to review and comment 
upon any proposed modifications in such regulations. Notwithstand-
ing any provision of article IV to the contrary, the committee may 
enter into arrangements with states provinces, individual genera-
tors, or regional compact entities outside the region comprised of the 
party states for access to facilities on such terms and conditions as 
the committee may deem appropriate- However, it shall require a 
two-thirds (%) vote of all such members, including the affirmative 
vote of the member of any party state in which a facility affected by 
such arrangement is located, for the committee to enter into such 
arrangement. 
ARTICLE VI—EUGIBLE PARTIES AND EFFECTIVE DATE 
"(1) Each of the following states is eligible to become a party to 
this compact: Alaska, Hawaii, Idaho, Montana, Oregon, Utah, 
Washington, and Wyoming. As to any eligible party, this compact 
shall become effective upon enactment into law by that party, but it 
shall not become initially effective until enacted into law by two (2) 
states. Any party state may withdraw from this compact by enacting 
a statute repealing its approval. 
"(2) After the compact has initially taken effect pursuant to 
paragraph (1) of this article, any eligible party state may become a 
party to this compact by the execution of an executive order by the 
governor of the state. Any state which becomes a party in this 
manner shall cease to be a party upon the final adjournment of the 
next general or regular session of its legislature or July 1, 1983, 
whichever occurs first, unless the compact has by then been enacted 
as a statute by that state. 
"(3) Paragraph (2) of article IV of this compact shall take effect on 
July 1,1983, if consent is given by Congress. As provided in public 
law 96-573, Congress may withdraw its consent to the compact after 
every five (5) year period. 
Alaska. 
Hawaii. 
Idaho. 
Montana. 
Oregon. 
Utah. 
Washington. 
Wyoming. 
Effective date. 
Effective date. 
42 u s e 2021b 
note. 
ARTICLE Vn—SEVERABILITY 
"If any provision of this compact, or its application to any person 
or circumstances, is held to be invalid, all other provisions of this 
compact, and the application of all of its provisions to all other 
persons and circumstances, shall remain valid; and to this end the 
provisions of this compact are severable.". 
SEC. 222. CENTRAL 
INTERSTATE 
LOW-LEVEL 
RADIOACTIVE 
WASTE 
COMPACT. 
The consent of Congress is hereby given to the states of Arkansas, 
Iowa, Kansas, Louisiana, Minnesota, Missouri, Nebraska, North 
Dakota, and Oklahoma to enter into the Central Interstate Low-
Level Radioactive Waste Compact, and to each and every part and 
article thereof. Such compact reads substantially as foUows: 
Provisions held 
invalid. 
42 u s e 2021d 
note. 
Arkansas. 
Iowa. 
Kansas. 
Louisiana. 
Minnesota. 
Missouri. 
Nebraska. 
North Dakota. 
Oklahoma. 
99 STAT. 1864 
PUBLIC LAW 99-240—JAN. 15, 1986 
"CENTRAL INTERSTATE LOW-LEVEL RADIOACTIVE WASTE 
COMPACT 
Health. 
Safety. 
Environmental 
protection. 
42 use 2021b 
note. 
42 use 2021b 
note. 
42 use 2014. 
"ARTICLE I. POUCY AND PURPOSE 
"The party states recognize that each state is responsible for the 
management of its non-federal low-level radioactive wastes. They 
also recognize that the Congress, by enacting the Low-Level Radio-
active Waste Policy Act (Public Law 96-573) has authorized and 
encouraged states to enter into compacts for the efficient manage-
ment of wastes. It is the policy of the party states to cooperate in the 
protection of the health, safety and welfare of their citizens and the 
environment and to provide for and encourage the economical 
management of low-level radioactive wastes. It is the purpose of this 
compact to provide the framework for such a cooperative effort; to 
promote the health, safety and welfare of the citizens and the 
environment of the region; to limit the number of facilities needed 
to effectively and efficiently manage low-level radioactive wastes 
and to encourage the reduction of the generation thereof; and to 
distribute the costs, benefits and obligations among the party states. 
"ARTICLE II. DEFINITIONS 
"As used in this compact, unless the context clearly requires a 
different construction: 
"a. 'Commission' means the Central Interstate Low-Level 
Radioactive Waste Commission; 
"b. 'disposal' means the isolation and final disposition of 
waste; 
"c. 'extended care' means the care of a regional facility 
including necessary corrective measures subsequent to its active 
use for waste management until such time as the regional 
facility no longer poses a threat to the environment or public 
health; 
"d. 'facility' means any site, location, structure or property 
used or to be used for the management of waste; 
"e. 'generator' means any person who, in the course of or as 
incident to manufacturing, power generation, processing, medi-
cal diagnosis and treatment, biomedical research, other indus-
trial or commercial activity, other research or mining in a party 
state, produces or processes waste. 'Generator' does not include 
any person who receives waste generated outside the region for 
subsequent shipment to a regional facility; 
"f. 'host state' means any party state in which a regional 
facility is situated or is being developed; 
"g. 'low-level radioactive waste' or 'waste' means, as defined 
in the Low-Level Radioactive Waste Policy Act (Public Law 
96-573), radioactive waste not classified as: High-level radio-
active waste, transuranic waste, spent nuclear fuel, or by-
product material as defined in section 11 e.(2) of the Atomic 
Energy Act of 1954, as amended through 1978. 
"h. 'management of waste' means the storage, treatment or 
disposal of waste; 
"i. 'notification of each party state' means transmittal of 
written notice to the Governor, presiding officer of each legisla-
tive body and any other persons designated by the party state's 
Commission member to receive such notice; 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1865 
"j. 'party state' means any state which is a signatory party to 
this compact; 
"k. 'person' means any individual, corporation, business 
enterprise, or other legal entity, either public or private; 
"1. 'region' means the area of the party states; 
"m. 'regional facility' means a facility which is located within 
the region and which has been approved by the Commission for 
the benefit of the party States; 
"n. 'site' means any property which is owned or leased by a 
generator and is contiguous to or divided only by a public or 
private way from the source of generation; 
"o. 'state' means a state of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin 
Islands or any other territorial possession of the United States; 
"p. 'storage' means the holding of waste for treatment or 
disposal; and 
"q. '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 such waste after for transport or 
management, amendable for recovery, convertible to another 
usable material, or reduced in volume. 
"ARTICLE III. RIGHTS AND OBLIGATIONS 
"a. There shall be provided within the region one or more regional 
facilities which together provide sufficient capacity to manage all 
wastes generated within the region. It shall be the duty of regional 
facilities to accept compatible wastes generated in and from party 
states, and meeting the requirements of this Act, and each party 
state shall have the right to have the wastes generated within its 
borders managed at such facility. 
"b. To the extent authorized by Federal law and host State law, a 
Regulation, 
host state shall regulate and license any regional facility within its 
borders and ensure the extended care of such facility. 
"c. Rates shall be charged to any user of the regional facility, set 
by the operator of a regional facility and shall be fair and reasonable 
and be subject to the approval of the host state. Such approval shall 
be basediupon criteria established by the Commission. 
'^d. A host state may establish fees which shall be charged to any 
user of a regional facility and which shall be in addition to the rates 
approved pursuant to section c. of this Article, for any regional 
facility within its borders. Such fees shall be reasonable and shall 
provide the host state with sufficient revenue to cover any costs 
associated with such facilities. If such fees have been reviewed and 
approved by the Commission and to the extent that such revenue is 
insufficient, all party states shall share the costs in a manner to be 
determined by the Commission. 
"e. To the extent authorized by Federal law, each party state is Regulation, 
responsible for enforcing any applicable Federal and state laws and Transportation, 
regulations pertaining to the packaging and transportation of waste 
generated within or passing through its borders and shall adopt 
practices that will ensure that waste shipments originating within 
its borders and destined for a regional facility will conform to 
applicable packaging and transportation laws and regulations. 
'f. Each party state has the right to rely on the good faith 
performance of each other party state. 
99 STAT. 1866 
PUBLIC LAW 99-240—JAN. 15, 1986 
Central 
Interstate Low-
Level 
Radioactive 
Waste 
Commission, 
establishment. 
"g. Unless authorized by the Commission, it shall be unlawful 
after January 1,1986, for any person: 
"1. to deposit at a regional facility, waste not generated 
within the region; 
"2. to accept, at a regional facility, waste not generated within 
the region; 
Exports. 
"3. to export from the region, waste which is generated within 
the region; and 
"4. to transport waste from the site at which it is generated, 
except to a regional facility. 
"ARTICLE IV. THE COMMISSION 
"a. There is hereby established the Central Interstate Low-Level 
Radioactive Waste Commission. The Commission shall consist of one 
voting member from each party state to be appointed according to 
the laws of each state. The appointing authority of each party state 
shall notify the Commission in writing of the identity of its member 
and any alternates. An alternate may act on behalf of the member 
only in the absence of such member. Each state is responsible for the 
expenses of its member of the Commission. 
'b. Each Commission member shall be entitled to one vote. Unless 
otherwise provided herein, no action of the Commission shall be 
bonding unless a majority of the total membership casts its vote in 
the affirmative. 
"c. The Commission shall elect from among its membership a 
chairman. The Commission shall adopt and publish, in convenient 
form, by-laws and policies which are not inconsistent with this 
compact. 
"d. The Commission shall meet at least once a year and shall also 
meet upon the call of the chairman, by petition of a majority of the 
membership or upon the call of a host state member. 
"e. The Commission may initiate any proceedings or appear as an 
intervenor or party in interest before any court of law, or any 
Federal, state or local agency, board or Commission that has juris-
diction over any matter arising under or relating to the terms of the 
provisions of this compact. The Commission shall determine in 
which proceedings it shall intervene or otherwise appear and may 
arrange for such expert testimony, reports, evidence or other 
participation in such proceedings as may be necessary to represent 
its views. 
"f. The Commission may establish such committees as it deems 
necessary for the purpose of advising the Commission on any and all 
matters pertaining to the management of waste. 
Contracts. 
"g. The Commission may employ and compensate a staff limited 
only to those persons necessary to carry out its duties and functions. 
The Commission may also contract with and designate any person to 
perform necessary functions to assist the Commission. Unless other-
wise required by the acceptance of a Federal grant, the staff shall 
serve at the Commission's pleasure irrespective of the civil service, 
personnel or other merit laws of any of the party states or the 
Federal government and shall be compensated from funds of the 
Commission. 
"h. Funding for the Commission shall be as follows: 
"1. The Commission shall set and approve its first annual 
budget as soon as practicable after its initial meeting. Party 
states shall equally contribute to the Commission budget on an 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1867 
Audit. 
Report. 
Grants. 
Reports. 
annual basis, an amount not to exceed $25,000 until surcharges 
are available for that purpose. Host states shall begin imposi-
tion of the surcharges provided for in this section as soon as 
practicable and shall remit to the Commission funds resulting 
from collection of such surcharges within 60 days of their 
receipt; and 
"2. Each state hosting a regional facility shall annually levy 
surcharges on all users of such facilities, based on the volume 
and characteristics of wastes received at such facilities, the total 
of which: 
"(A) Shall be sufficient to cover the annual budget of the 
Commission; and 
"(B) shall be paid to the Commission, provided, however, 
that each host state collecting such surcharges may retain a 
portion of the collection sufficient to cover the administra-
tive costs of collection, and that the remainder be sufficient 
only to cover the approved annual budget of the 
Commission, 
"i. The Commission shall keep accurate accounts of all receipts 
and disbursements. An independent certified public accountant 
shall annually audit all receipts and disbursements of Commission 
funds and submit an audit report to the Commission. Such audit 
report shall be made a part of the annual report of the Commission 
required by this Article. 
"j. The Commission may accept for any of its purposes and 
functions any and all donations, grants of money, equipment, sup-
plies, materials and services, condition£d or otherwise from any 
person and may receive, utilize and dispose of same. The nature, 
amount and conditions, if any, attendant upon any donation or 
grant accepted pursuant to this section, together with the identity of 
the donor, grantor or lender, shall be detailed in the annual report 
of the Commission. 
"k. (1) Except as otherwise provided herein, nothing in this com-
pact shall be construed to alter the incidence of liability of any kind 
for any act, omission, course of conduct, or on account of any casual 
or other relationships. Generators, transporters of waste, owners 
and operators of facilities shall be liable for their acts, omissions, 
conduct or relationships in accordance with all laws relating 
thereto. 
"(2) The Commission herein established is a legal entity separate 
and distinct from the party states and shall be so liable for its 
actions. Liabilities of the Commission shall not be deemed liabilities 
of the party states. Members of the Commission shall not be person-
ally liable for actions taken by them in their official capacity 
"1. Any person or party state aggrieved by a final decision of the 
Commission may obtain judicial review of such decisions in the 
United States District Court in the District wherein the Commission 
maintains its headquarters by filing in such court a petition for 
review within 60 days after the Commission's final decision. 
Proceedings thereafter shall be in accordance with the rules of 
procedure applicable in such court, 
"m. The Commission shall: 
"1. Receive and approve the application of a non-party state 
to become a party state in accordance with article VII; 
"2. submit an annual report, and otherwise communicate Report, 
with, the Governors and the presiding officers of the legislative 
Prohibition. 
Prohibitions. 
99 STAT. 1868 
PUBLIC LAW 99-240—JAN. 15, 1986 
Contracts. 
Imports. 
Exports. 
Health. 
Safety. 
bodies of the party states regarding the activities of the 
C!ommission; 
"3. hear and negotiate disputes which may arise between the 
party states regarding this compact; 
"4. require of and obtain from the party states, and non-party 
states seeking to become party states, data and information 
necessary to the implementation of Commission and party 
states' responsibilities; 
"5. approve the development and operation of regional facili-
ties in accordance with Article V; 
"6. notwithstanding any other provision of this compact, have 
the authority to enter into agreements with any person for the 
importation of waste into the region and for the right of access 
to facilities outside the region for waste generated within the 
region. Such authorization to import or export waste requires 
the approval of the Commission, including the affirmative vote 
of any host state which may be affected; 
"7. revoke the membership of a party state in accordance with 
Articles V and VII; 
"8. require all party states and other persons to perform their 
duties and obligations arising under this compact by an appro-
priate action in any forum designated in section e. of Article IV; 
and 
"9. take such action as may be necessary to perform its duties 
and functions as provided in this compact. 
"ARTICLE V. DEVELOPMENT AND OPERATION OF REGIONAL FACILITIES 
"a. Following the collection of sufficient data and information 
from the states, the Commission shall allow each party state the 
opportunity to volunteer as a host for a regional facility. 
"b. If no state volunteers or if no proposal identified by a volun-
teer state is deemed acceptable by the Commission, based on the 
criteria in section c. of this Article, then the Commission shall 
publicly seek applicants for the development and operation of re-
gional facilities. 
"c. The Commission shall review and consider each applicant's 
proposal based upon the following criteria: 
"1. The capability of the applicant to obtain a license from the 
applicable authority; 
"2. the economic efficiency of each proposed regional facility, 
including the total estimated disposal and treatment costs per 
cubic foot of waste; 
"3. financial assurances; 
"4. accessibility to all party states; and 
"5. such other criteria as shall be determined by the Commis-
sion to be necessary for the selection of the best proposal, based 
on the health, safety and welfare of the citizens in the region 
and the party states, 
"d. The Commission* shall make a preliminary selection of the 
proposal or proposals considered most likely to meet the criteria 
enumerated in section c. and the needs of the region. 
"e. Following notification of each party state of the results of the 
preliminary selection process, the Commission shall: 
"1. Authorize any person whose proposal has been selected to 
pursue licensure of the regional facility or facilities in accord-
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1869 
ance with the proposal originally submitted to the Commission 
or as modified with the approval of the Commission; and 
"2. require the appropriate state or states or the U.S. Nuclear 
Regulatory Commission to process all applications for permits 
and licenses required for the development and operation of any 
regional facility or facilities within a reasonable period from the 
time that a completed application is submitted, 
"f. The preliminary selection or selections made by the Commis-
sion pursuant to this Article shall become final and receive the 
Commission's approval as a regional facility upon the issuance of 
license by the licensing authority. If a proposed regional facility fails 
to become licensed, the Commission shall make another selection 
pursuant to the procedures identified in this Article. 
"g. The Commission may, by two-thirds affirmative vote of its 
membership, revoke the membership of any party state which, after 
notice and hearing, shall be found to have arbitrarily or capriciously 
denied or delayed the issuance of a license or permit to any person 
authorized by the Commission to apply for such license or permit. 
Revocation shall be in the same manner as provided for in section e. 
of Article VII. 
"ARTICLE VI. OTHER LAWS AND REGULATIONS 
"a. Nothing in this compact shall be construed to: 
Prohibition. 
"1. Abrogate or limit the applicability of any act of Congress 
or diminish or otherwise impair the jurisdiction of any Federal 
agency expressly conferred thereon by the Congress; 
"2. prevent the application of any law which is not otherwise 
inconsistent with this compact; 
"3. prohibit or otherwise restrict the management and waste 
on the site where it is generated if such is otherwise lawful; 
"4. affect any judicial or administrative proceeding pending 
on the effective date of this compact; 
"5. alter the relations between, and the respective internal 
responsibilities of, the government of a' party state and its 
subdivisions; and 
"6. affect the generation or management of waste generated 
Research and 
by the Federal government or federal research and development 
development. 
activities, 
"b. No party state shall pass or enforce any law or regulation 
Prohibition. 
which is inconsistent with this compact. 
"c. All laws and regulations or parts thereof of any party state Regulations. 
which are inconsistent with this compact are hereby declared null 
and void for purposes of this compact. Any legal right, obligation, 
violation or penalty arising under such laws or regulations prior to 
enactment of this compact shall not be affected. 
"d. No law or regulation of a party state or of any subdivision or Prohibition. 
instrumentality thereof may be applied so as to restrict or make Regulations. 
more costly or inconvenient access to any regional facility by the 
generators of another party state than for the generators of the 
state where the facility is situated. 
"ARTICLE VII. EUGIBLE PARTIES, WITHDRAWAL, REVOCATION, ENTRY 
INTO FORCE, TERMINATION 
"a. This compact shall have as initially eligible parties the states 
of Arkansas, Iowa, Kansas, Louisiana, Minnesota, Missouri, 
Arkansas. 
Iowa. 
Kansas. 
Louisiana. 
Minnesota. 
Missouri. 
Nebraska. 
North Dakota. 
Oklahoma. 
99 STAT. 1870 
PUBLIC LAW 99-240—JAN. 15, 1986 
Prohibition. 
Effective date. 
Prohibition. 
Effective date. 
Prohibition. 
Nebraska, North Dakota and Oklahoma. Such initial eligibility shall 
terminate on January 1,1984. 
"b. Any state may petition the Commission for eligibility. A 
petitioning state shall become eligible for membership in the com-
pact upon the unanimous approval of the Commission. 
"c. An eligible state shall become a member of the compact and 
shall be bound by it after such state h£is enacted the compact into 
law. In no event shall the compact take effect in any state until it 
has been entered into force as provided for in section f. of this 
Article. 
"d. Any party state may withdraw from this compact by enacting 
a statute repeating the same. Unless permitted earlier by unani-
mous approval of the Commission, such withdrawal shall take effect 
five-years after the Governor of the withdrawing state has given 
notice in writing of such withdrawal to each Governor of the party 
states. No withdrawal shall affect any liability already incurred by 
or chargeable to a party state prior to the time of such withdrawal. 
"e. Any party state which fails to comply with the terms of this 
compact or fulfill its obligations hereunder may, after notice and 
hearing, have its privileges suspended or its membership in the 
compact revoked by the Commission. Revocation shall take effect 
one year from the date such party state receives written notice from 
the Commission of its action. The Commission may require such 
party state to pay to the Commission, for a period not to exceed five-
years from the date of notice of revocation, an amount determined 
by the Commission based on the anticipated fees which the genera-
tors of such party state would have paid to each regional facility and 
an amount equal to that which such party state would have contrib-
uted in accordance with section d. of Article III, in the event of 
insufficient revenues. The Commission shall use such funds to 
ensure the continued availability of safe and economical waste 
management facilities for all remaining party states. Such state 
shall also pay an amount equal to that which such party state would 
have contributed to the annual budget of the Commission if such 
party state would have remained a member of the compact. All legal 
rights established under this compact of any party state which has 
its membership revoked shall cease upon the effective date of rev-
ocation; however, any legal obligations of such party state arising 
prior to the effective date of revocation shall not cease until they 
have been fulfilled. Written notice of revocation of any state's 
membership in the company shall be transmitted immediately fol-
lowing the vote of the Commission, by the chairman, to the Gov-
ernor of the affected party state, all other Governors of the party 
states and the Congress of the United States. 
"f. This compact shall become effective after enactment by at least 
three eligible states and after consent has been given to it by the 
Congress. The Congress shall have the opportunity to withdraw such 
consent every five-years. Failure of the Congress to withdraw its 
consent affirmatively shall have the effect of renewing consent for 
an additional five-year period. The consent given to this compact by 
the Congress shall extend to any future admittance of new party 
states under sections b. and c. of this Article and to the power to ban 
the exportation of waste pursuant to Article III. 
"g. The withdrawal of a party state from this compact under 
section d. of this Article or the revocation of a state's membership in 
this compact under section 3. of this Article shall not affect the 
applicability of this compact to the remaining party states. 
., 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1871 
"h. This compact shall be terminated when all party states have 
withdrawn pursuant to section d. of this Article. 
"ARTICLE VIII. PENALTIES 
"a. Each party state, consistent with its own law, shall prescribe 
and enforce penalties against any person for violation of any provi-
sion of this compact. 
"b. Each party state acknowledges that the receipt by a regional 
facility of waste packaged or transported in violation of applicable 
laws and regulations can result in sanctions which may include 
suspension or revocation of the violator's right of access to the 
regional facility. 
"ARTICLE IX. 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 of the United States or the applicability 
thereof to any government, agency, person or circumstances is held 
invalid, the validity of the remainder of this compact and the 
applicability thereof to any government, agency, person or cir-
cumstance 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. The 
provisions of this compact shall be liberally construed to give effect 
to the purpose thereof.". 
SEC. 223. SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE 
MANAGEMENT COMPACT. 
In accordance with section 4(aX2) of the Low-Level Radioactive 
Waste Policy Act (42 U.S.C. 2021d(aX2)), the consent of the Congress 
is hereby given to the States of Alabama, Florida, Georgia, Mis-
sissippi, North Carolina, South Carolina, Tennessee, and Virginia to 
enter into the Southeast Interstate Low-Level Radioactive Waste 
Management Compact. Such compact is substantially as follows: 
"SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE 
MANAGEMENT COMPACT 
"ARTICLE 1 
Termination. 
Regulations, 
Provisions held 
invalid. 
42 u s e 2021d 
note. 
Alabama. 
Florida. 
Georgia. 
Mississippi. 
North Carolina. 
South Carolina. 
Tennessee. 
Virginia. 
POUCY AND PURPOSE 
"There is hereby created the Southeast Interstate Low-Level 
Radioactive Waste Management Compact. The party States recog-
nize and declare that each stete is responsible for providing for the 
availability of capacity either within or outside the State for dis-
posal of low-level radioactive waste generated within its borders, 
except for waste generated as a result of defense activities of the 
federal government or federal research and development activities. 
They also recognize that the management of low-level radioactive 
waste is handled most efficiently on a regional basis. The party 
states further recognize that the Congress of the United States, by 
enacting the Low-Level Radioactive Waste Policy Act (Public Law 
96-573), has provided for and encouraged the development of low-
Research and 
development. 
42 u s e 2021b 
note. 
99 STAT. 1872 
PUBLIC LAW 99-240—JAN. 15, 1986 
Regulations. 
42 u s e 2021b 
note. 
level radioactive waste compacts as a tool for disposal of such waste. 
The party states recognize 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. 
"It is the policy of the party states to: enter into a regional low-
level ladioactive waste management compact for the purpose of 
providing the instrument and framework for a cooperative effort; 
provide sufficient facilities for the proper management of low-level 
radioactive waste generated in the region; promote the health and 
safety of the region; limit the number of facilities required to 
effectively and efficiently manage low-level radioactive waste gen-
erated in the region; encourage the reduction of the amounts of low-
level waste generated in the region; distribute the costs, benefits, 
and obligations of successful low-level radioactive waste manage-
ment equitably among the party states; and ensure the ecological 
and economical management of low-level radioactive wastes. 
"Implicit in the Congressional consent to this compact is the 
expectation by 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. imposing sanctions against those found to be in violation 
of federal rules, regulations, and laws; 
"3. timely inspection of their licensees to determine their 
capability to adhere to such rules, regulations, and laws; 
"4. timely provision of technical assistance to this compact in 
carrying out their obligations under the Low-Level Radioactive 
Waste Policy Act, as amended. 
"ARTICLE 2 
DEFINITIONS 
"As used in this compact, unless the context clearly requires a 
different construction: 
"1. 'Commission' or 'Compact Commission* means the Southeast 
Interstate Low-Level Radioactive Waste Management Commission. 
"2. 'Facility' means a parcel of land, together with the structure, 
equipment, and improvements thereon or appurtenant thereto, 
which is used or is being developed for the treatment, storage, or 
disposal of low-level radioactive wsiste. 
"3. 'Generator' means any person who produces or processes low-
level radioactive waste in the course of, or as an incident to, 
manufacturing, power generation, processing, medical diagnosis £md 
treatment, research, or other industrial or commercial activity. This 
does not include persons who provide a service to generators by 
arranging for the collection, transportation, storgige, or disposal of 
wastes with respect to such waste generated outside the region. 
"4. 'High-level waste' means irradiated reactor fuel, liquid wastes 
from reprocessing irradiated reactor fuel, and solids into which such 
liquid wastes have been converted, and other high-level radioactive 
waste as defined by the U.S. Nuclear Regulatory Commission. 
"5. 'Host state' means any state in which a regional facility is 
situated or is being developed. 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1873 
"6. 'Low-level radioactive waste' or 'waste' means radioactive 
waste not classified as high-level radioactive wsiste, transuranic 
waste, spent nuclear fuel, or by-product material as defined in 
Section lie, (2) of the Atomic Energy Act of 1954, or as may be 
42USC2014. 
further defined by Federal law or regulation. 
"7. 'Party state' means any state which is a signatory party to this 
compact. 
"8. 'Person' means any individual, corporation, business enter-
prise, or other legal entity (either public or private). 
"9. 'Region' means the collective party states. 
"10. 'Regioned facility' means (1) a facility as defined in this article 
which has been designated, authorized, accepted, or approved by the 
Commission to receive waste or (2) the disposal facility in Barnwell 
County, South Carolina, owned by the State of South Carolina and 
as licensed for the burial of low-level radioactive waste on July 1, 
1982, but in no event shall this disposal facility serve as a regional 
facility beyond December 31,1992. 
"11. '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. 
-
"12. 'Transuranic wastes' means waste material containing trans-
uranic elements with contamination levels as determined by the 
regulations of (1) the U.S. Nuclear Regulatory Commission or (2) any 
host state, if it is an agreement state under Section 274 of the 
Atomic Energy Act of 1954. 
42 use 2021. 
"13. 'Waste management' means the storage, treatment, or dis-
posal of waste. 
"ARTICLE 3 
"RIGHTS AND OBUGATIONS 
"The rights granted to the party states by this compact are Prohibition. 
additional to the rights enjoyed by sovereign states, and nothing in 
this compact shall be construed to infringe upon, limit, or abridge 
those rights. 
"(A) Subject to any license issued by the U.S. Nuclear Regulatory 
Commission or a host state, each party state shall have the right to 
have all wastes generated within its borders stored, treated, or 
disposed of, as applicable, at regional facilities and, additionally, 
shall have the right of access to facilities made available to the 
region through agreements entered into by the Commission pursu-
ant to article 4(e)(9). The right of access by a generator within a 
party state to any regional facility is limited by its adherence to 
applicable state and federal law and regulation. 
"(B) If no operating regional facility is located within the borders 
of a party state and the waste generated within its borders must 
therefore be stored, treated, or disposed of at a regional facility in 
fw^r:M 
another party state, the party state without such facilities may be 
required by the host state or states to establish a mechanism which 
provides compensation for access to the regional facility according to 
terms and conditions established by the host state or states and 
approved by a two-thirds vote of the Commission. 
"(C) Each party state must establish the capability to regulate, 
license, and ensure the maintenance and extended care of any 
facility within its borders. Host states are responsible for the avail-
ability, the subsequent post-closure observation and maintenance. 
99 STAT. 1874 
PUBLIC LAW 99-240—JAN. 15, 1986 
and the extended institutional control of their regional facilities in 
accordance with the provisions of Article 5, Section (b). 
Regulations. 
"(D) Each party state must establish the capability to enforce any 
Transportation, 
applicable federal or state laws and regulations pertaining to the 
packaging and transportation of waste generated within or passing 
through its borders. 
"(E) Each party state must provide to the Commission on an 
annual basis any data and information necessary to the im-
plementation of the Commission's responsibilities. Each party state 
shall establish the capability to obtain any data and information 
necessary to meet its obligation. 
"(F) Each party state must, to the extent authorized by federal 
law, require generators within its borders to use the best available 
waste management technologies and practices to minimize the vol-
umes of waste requiring disposal. 
"ARTICLE 4 
Southeast 
Interstate 
Low-Level 
Radioactive 
Waste 
Management 
Commission, 
establishment. 
Report. 
Health. 
Safety. 
THE COMMISSION 
"(A) There is hereby created the Southeast Interstate Low-Level 
Radioactive Waste Management Commission ('Commission' or 'Com-
pact Commission'). The Commission shall consist of two voting 
members from each party stete to be appointed according to the 
laws of each stete. The appointing authorities of each stete must 
notify the Commission in writing of the identity of its members and 
any alternates. An alternate may act on behalf of the member only 
in the member's absence. 
"(B) Each commission member is entitled to one vote. No action of 
the Commission shall be binding unless a majority of the total 
membership cast their vote in the affirmative, or unless a greater 
than majority vote is specifically required by any other provision of 
this compact. 
"(C) TTie Commission must elect from among its members a 
presiding officer. The Commission shall adopt and publish, in 
convenient form, bylaws which are consistent with this compact. 
"(D) The Commission must meet at least once a year and also 
meet upon the call of the presiding officer, by petition of a majority 
of the party stetes, or upon the call of a host stete. All meetings of 
the C!k)mmission must be open to the public. 
"(E) The Commission has the following duties and powers: 
"1. To receive and approve the application of a nonparty state to 
become an eligible stete in accordance with the provisions of Article 
7(b). 
"2. To receive and approve the application of a nonparty stete to 
become an eligible stete in accordance with the provisions of Article 
7(c). 
"3. To submit an annual report and other communications to the 
Governors and to the presiding officer of each body of the legislature 
of the party stetes regarding the activities of the Commission. 
"4. To develop and use procedures for determining, consistent 
with consideration for 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. 
"5. To provide the party stetes with reference guidelines for 
establishing the criteria and procedures for evaluating alternative 
locations for emergency or permanent regional facilities. 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1875 
"6. To develop and adopt, within one year after the Commission is 
constituted as provided in Article 7(d) procedures and criteria for 
identifying a party state as a host state for a regional facility as 
determined pursuant to the requirements of this article. In accord-
ance with these procedures and criteria, the Commission shall 
identify a host state for the development of a second regional 
disposal facility within three years after the Commission is con-
stituted as provided for in Article 7(d), and shall seek to ensure that 
such facility is licensed and ready to operate as soon as required but 
in no event later than 1991. 
"In developing criteria, the Commission must consider the follow-
ing; the health, safety, and welfare of the citizens of the party states; 
the existence of regioneil facilities within each party state; the 
minimization of waste transportation; the volumes and types of 
wastes generated within each party state; and the environmental, 
economic, and ecological impacts on the air, land, and water re-
sources of the party states. 
"The Commission shall conduct such hearings, require such re-
ports, studies, evidence, and testimony, and do what is required by 
its approved procedures in order to identify a party state as a host 
state for a needed facility. 
"7. In accordance with the procedures and criteria developed 
pursuant to Section (e)(6) of this Article, to designate, by a two-thirds 
vote, a host state for the establishment of a needed regional facility. 
The Commission shall not exercise this authority unless the party 
states have failed to voluntarily pursue the development of such 
facility. The Commission shall have the authority to revoke the 
membership of a party state that willfully creates barriers to the 
siting of a needed regional facility. 
"8. To require of and obtain from party states, eligible states 
seeking to become party states, and nonparty states seeking to 
become eligible states, data and information necessary to the im-
plementation of C!ommission responsibilities. 
"9. Notwithstanding any other provision of this compact, to enter 
into agreements with any person, state, or similar regional body or 
group of states for the importation of waste into the region and for 
the right of access to facilities outside the region for waste generated 
within the region. The authorization to import requires a two-thirds 
majority vote of the Commission, including an affirmative vote of 
both representatives of a host state in which any affected regional 
facility is located. This shall be done only after an assessment of the 
affected facility's capability to handle such wastes. 
"10. To act or appear on behalf of any party state or states, only 
upon written request of both members of the Commission for such 
state or states as an intervenor or party in interest before Congress, 
state legislatures, any court of law, or any federal, state, or local 
agency, board, or commission which h£is jurisdiction over the 
management of wastes. The authority to act, intervene, or otherwise 
appear shall be exercised by the Commission, only after approval by 
a majority vote of the Commission. 
"11. To revoke the membership of a party state in accordance with 
Article 7(f). 
"F. The Commission may establish any advisory committees as it 
deems necessary for the purpose of advising the Commission on any 
matters pertaining to the management of low-level radioactive 
waste. 
Health. 
Safety. 
Transportation. 
Environmental 
protection. 
Reports. 
Studies. 
Prohibition. 
Contracts. 
Imports. 
99 STAT. 1876 
PUBLIC LAW 99-240—JAN. 15, 1986 
"G. The Commission may appoint or contract for and compensate 
such limited staff necessary to carry out its duties and functions. 
The staff shall serve at the Commission's pleasure irrespective of 
the civil service, personnel, or other merit laws of any of the party 
states or the federal government and shall be compensated from 
funds of the Commission. In selecting any staff, the Commission 
shall assure that the staff has adequate experience and formal 
training to carry out such functions as may be assigned to it by the 
Commission. If the Commission has a headquarters it shall be in a 
party state. 
"H. Funding for the Commission must be provided as follows: 
"1. Each eligible state, upon becoming a party state, shall pay 
twenty-five thousand dollars to the Commission which shall be used 
for costs of the Commission's services. 
"2. Each state hosting a regional disposal facility shall annually 
levy special fees or surcharges on all users of such facility, based 
upon the volume of wastes disposed of at such facilities, the total of 
which: 
"a. must be sufficient to cover the annual budget of the 
Commission; 
"b. must represent the financial commitments of all party 
states to the Commission; 
"c. must be paid to the Commission; 
Provided, however, That each host state collecting such fees or 
surcharges may retain a portion of the collection sufficient to cover 
its administrative costs of collection and that the remainder be 
sufficient only to cover the approved annual budgets of the 
Commission. 
"3. The Commission must set and approve its first annual budget 
as soon as practicable after its initial meeting. Host states for 
disposal facilities must begin imposition of the special fees and 
surcharges provided for in this section as soon as practicable after 
becoming party states and must remit to the Commission funds 
resulting from collection of such special fees and surcharges within 
sixty days of their receipt. 
Audit. 
"I. The Commission must keep accurate accounts of all receipts 
Report. 
and disbursements. An independent certified public accountant 
shall annually audit all receipts and disbursements of Commission 
funds and 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 4(eX3). 
Grants. 
"J. The Commission may accept for any of its purposes and 
functions any and all donations, grants of money, equipment, sup-
plies, materials, and services (conditional or otherwise) from any 
state, or the United States, or any subdivision or agency thereof, or 
interstate agency, or from any institution, person, firm, or corpora-
Report, 
tion, and may receive, utilize, and dispose of the same. The nature, 
amount, and condition, if any, attendant upon any donation or grant 
accepted pursuant to this section, together with the identity of the 
donor, grantor, or lender shall be detailed in the annual report to 
the Commission. 
"K. The Commission is not responsible for any costs associated 
with: 
"(1) the creation of any facility, 
"(2) the operation of any facility, 
"(3) the stabilization and closure of any facility. 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1877 
"(4) the post-closure observation and maintenance of any 
facility, or 
"(5) the extended institutional control, after post-closure 
observation and maintenance of any facility. 
"L. As of January 1, 1986, the management of wastes at regional 
facilities is restricted to wastes generated within the region, and to 
wastes generated within nonparty states when authorized by the 
Commission pursuant to the provisions of this compact. After Janu-
ary 1, 1986, the Commission may prohibit the exportation of waste 
from the region for the purposes of management. 
"M. 1. The Commission herein established is a legal entity sepa-
rate and distinct from the party states capable of acting in its own 
behalf and is liable for its actions. Liabilities of the Commission 
shall not be deemed liabilities of the party states. Members of the 
Commission shall not personally be liable for action taken by them 
in their official capacity. 
"2. Except as specifically provided in this compact, nothing in this 
compact shall be construed to alter the incidence of liability of any 
kind for any act, omission, course of conduct, or on account of any 
causal or other relationships. Generators and transporters of wastes 
and owners and operators of sites shall be liable for their acts, 
omissions, conduct, or relationships in accordance with all laws 
relating thereto. 
"ARTICLE 5 
Prohibition. 
Exports. 
Prohibition. 
DEVELOPMENT AND OPERATION OF FACILTTIES 
"A. Any party state which becomes a host state in which a 
regional facility is operated shall not be designated by the Compact 
Commission as a host state for an additional regional facility until 
each party state has fulfilled its obligation, as determined by the 
Commission, to have a regional facility operated within its borders, 
"B. A host state desiring to close a regional facility located within 
its borders may do so only after notifying the Commission in writing 
of its intention to do so and the reasons therefor. Such notification 
shall be given to the Commission at least four years prior to the 
intended date of closure. Notwithstanding the four-year notice 
requirement herein provided, a host state is not prevented from 
closing its facility or establishing conditions of its use and operations 
as necessary for the protection of the health and safety of its 
citizens. A host state may terminate or limit access to its regional 
facility if it determines that Congress has materially altered the 
conditions of this compact. 
"C. Each party state designated as a host state for a regional 
facility shall take appropriate steps to ensure that an application for 
a license to construct and operate a facility of the designated type is 
filed with and issued by the appropriate authority. 
"D. No party state shall have any form of arbitrary prohibition on 
the treatment, storage, or disposal of low-level radioactive waste 
within its borders. 
"ARTICLE 6 
Health. 
Safety. 
Prohibition. 
OTHER LAWS AND REGULATIONS 
"A. Nothing in this compact shall be construed to: 
Prohibition. 
99 STAT. 1878 
PUBLIC LAW 99-240—JAN. 15, 1986 
42 u s e 2021. 
Prohibition. 
Research and 
development. 
42 u s e 2021b 
note. 
Prohibition. 
Regulation. 
Prohibition. 
Regulation. 
"(1) Abrogate or limit the applicability of any act of Congress 
or diminish or otherwise impair the jurisdiction of any federal 
agency expressly conferred thereon by the Congress. 
"(2) Abrogate or limit the regulatory responsibility and 
authority of the U.S. Nuclear Regulatory Commission or of an 
agreement state under Section 274 of the Atomic Energy Act of 
1954 in which a regional facility is located. 
"(3) Make inapplicable to any person or circumstance any 
other law of a party state which is not inconsistent with this 
compact. 
"(4) Make unlawful the continued development and operation 
of any facility already licensed for development or operation on 
the date this compact becomes effective, except that any such 
facility shall comply with Article 3, Article 4, and Article 5 and 
shall be subject to any action lawfully taken pursuant thereto. 
"(5) Prohibit any storage or treatment of waste by the genera-
tor on its own premises. 
"(6) Affect any judicial or administrative proceeding pending 
on the effective date of this compact. 
"(7) Alter the relations between, and the respective internal 
responsibilities of, the government of a party state and its 
subdivisions. 
"(8) Affect the generation, treatment, storage, or disposal of 
waste generated by the atomic energy defense activities of the 
Secretary of the United States Department of Energy or federal 
research and development activities as defined in Public Law 
96-573. 
"(9) Affect the rights and powers of any party state and its 
political subdivisions to regulate and license any facility within 
its borders or to affect the rights and powers of any party state 
and its political subdivisions to tax or impose fees on the wgiste 
managed at any facility within its borders. 
"B. No party shall pass any law or adopt any regulation which is 
inconsistent with this compact. To do so may jeopardize the mem-
bership status of the party state. 
"C. Upon formation of the compact no law or regulation of a party 
state or of any subdivision or instrumentality thereof may be 
applied so as to restrict or make more inconvenient access to any 
regional facility by the generators of another party state than for 
the generators of the state where the facility is situated. 
"D. Restrictions of waste management of regional facilities pursu-
ant to Article 4 shall be enforceable as a matter of state law. 
'ARTICLE 7 
Alabama. 
Florida. 
Georgia. 
Mississippi. 
North earolina. 
South earolina. 
Tennesee. 
Virginia. 
EUGIBLE PARTIES; WITHDRAWAL; REVOCATION; ENTRY INTO FORCE; 
TERMINATION 
"A. This compact shall have as initially eligible parties the States 
of Alabama, Florida, Georgia, Mississippi, North Carolina, South 
Carolina, Tennessee, and Virginia. 
"B, Any state not expressly declared eligible to become a party 
state to this compact in Section (A) of this Article may petition the 
Commission, once constituted, to be declared eligible. The Commis-
sion may establish such conditions as it deems necessary and appro-
priate to be met by a state wishing to become eligible to become a 
party state to this compact pursuant to such provisions of this 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1879 
section. Upon satisfactorily meeting the conditions and upon the 
affirmative vote of two-thirds of the Commission, including the 
affirmative vote of both representatives of a host state in which any 
affected regional facility is located, the petitioning state shall be 
eligible to become a party state to this compact and may become a 
party state in the manner as those states declared eligible in Section 
(a) of this Article. 
"C. Each state eligible to become a party state to this compact 
shall be declared a party state upon enactment of this compact into 
law by the state and upon payment of the fees required by Article 
4(H)(1). The Commission is the judge of the qualifications of the 
party states and of its members and of their compliance with the 
conditions and requirements of this compact and the laws of the 
party states relating to the enactment of this compact. 
"D. 1. The first three states eligible to become party states to this 
compact which enact this compact into law and appropriate the fees 
required by Article 4(H)(1) shall immediately, upon the appointment 
of their Commission members, constitute themselves as the South-
east Low-Level Radioactive Waste Management Commission; shall 
cause legislation to be introduced in Congress which grants the 
consent of Congress to this compact; and shall do those things 
necessary to organize the commission and implement the provisions 
of this compact. 
"2. All succeeding states eligible to become party states to this 
compact shall be declared party states pursuant to the provisions of 
Section (C) of this Article. 
"3. The consent of Congress shall be required for the full im-
plementation of this compact. The provisions of Article 5 Section (D) 
shall not become effective until the effective date of the import ban 
authorized by Article 4, Section (L) as approved by Congress. Con-
gress may by law withdraw its consent only every five years. 
"E. No state which holds membership in any other regional 
compact for the management of low-level radioactive waste may be 
considered by the Compact Commission for eligible state status or 
party state status. 
"F. Any party state which fails to comply with the provisions of 
this compact or to fulfill the obligations incurred by becoming a 
party state to this compact may be subject to sanctions by the 
Commission, including suspension of its rights under this compact 
and revocation of its status as a party state. Any sanction shall be 
imposed only upon the affirmative vote of at least two-thirds of the 
Commission members. Revocation of party state status may take 
effect on the date of the meeting at which the Commission approves 
the resolution imposing such sanction, but in no event shall revoca-
tion take effect later than ninety days from the date of such 
meeting. Rights and obligations incurred by being declared a party 
state to this compact shall continue until the effective date of the 
sanction imposed or as provided in the resolution of the Commission 
imposing the sanction. 
' The Commission must, as soon as practicable after the meeting 
at which a resolution revoking status as a party state is approved, 
provide written notice of the action, along with a copy of the 
resolution, to the Governors, the Presidents of the Senates, and the 
Speakers of the Houses of Representatives of the party states, as 
well as chairmen of the appropriate committees of Congress. 
"G. Any party state may withdraw from the compact by enacting 
a law repealing the compact; provided, that if a regional facility is 
Effective date. 
Prohibition. 
51-194 O -
QL. 3 
Part 2 
99 STAT. 1880 
PUBLIC LAW 99-240—JAN. 15, 1986 
Regulation. 
located within such a state, such regional facility shall remain 
available to the region for four years after the date the Commission 
receives notification in writing from the governor of such party state 
of the rescission of the compact. The Commission, upon receipt of 
the notification, shall as soon as practicable provide copies of such 
notification to the Governors, the Presidents of the Senates, and the 
Speakers of the Houses of Representatives of the party states as well 
as the chairmen of the appropriate committees of Congress. 
"H. This compact may be terminated only by the affirmative 
action of Congress or by the rescission of all laws enacting the 
compact in each party state. 
"ARTICLE 8 
"PENALTIES 
"A. Each party state, consistently with its own law, shall prescribe 
and enforce penalties against any person not an official of another 
state for violation of any provisions of this compact. 
"B. Each party state acknowledges that the receipt by a host state 
of waste packaged or transported in violation of applicable laws and 
regulations can 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. 
"ARTICLE 9 
Provisions held 
invalid. 
42 use 2021d 
note. 
Illinois. 
Kentucky. 
42 use 2021b 
note. 
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 of the United States, or the applicabil-
ity 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 other 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. The 
provisions of this compact shall be liberally construed to give effect 
to the purposes thereof.". 
SEC. 224. CENTRAL MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE 
WASTE COMPACT. 
In accordance with section 4(aX2) of the Low-Level Radioactive 
Waste Policy Act (42 U.S.C. 2021d(aX2)), the consent of the Congress 
hereby is given to the States of Illinois and Kentucky to enter into 
the Central Midwest Interstate Low-Level Radioactive Waste Com-
pact. Such compact is substantially as follows: 
"ARTICLE I. POLICY AND PURPOSE 
"There is created the Central Midwest Interstate Low-Level 
Radioactive Weiste Compact. 
"The states party to this compact recognize that the Congress of 
the United States, by enacting the Low-Level Radioactive Waste 
Policy Act (42 U.S.C. 2021), has provided for and encouraged the 
development of low-level radioactive waste compacts as a tool for 
:jrw« 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1881 
managing such waste. The party states acknowledge that Congress 
declared that each state is responsible for providing for the avail-
ability of capacity either within or outside the state for the disposal 
of low-level radioactive waste generated within its borders, except 
for waste generated as a result of certain defense activities of the 
federal government or federal research and development activities. 
The party states also recognize that the management 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 wsiste management compact for the purpose of: 
"D providing the instrument and the 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 
Health, 
region; 
Safety. 
"4) limiting the number of facilities required to manage low-
level radioactive waste generated in the region effectively and 
efficiency; 
"5) promoting the volume and source reduction of low-level 
radioactive waste generated in the region; 
"6) distributing the costs, benefits and obligations of success-
ful low-level radioactive waste mancigement 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 maneigement of 
low-level radioactive waste, including the prohibition of shal-
low-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 Regulations. 
expectation by the Congress and the party states that the appro-
priate federal agencies will actively Eissist the Compact Commission 
and the individual party states to this compact by: 
"D expeditious enforcement of federal rules, regulations and 
laws; 
"2) imposition of sanctions against those found to be in viola-
tion 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. 
99 STAT. 1882 
PUBLIC LAW 99-240—JAN. 15, 1986 
"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 manufactur-
ing, 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 weiste 
manifests 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. 
"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 con-
trol 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 com-
pensate 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 correc-
tive 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) trans-
uranic waste, (3) spent nuclear fuel, or (4) by-product material as 
42 use 2014. 
defined in Section lie. (2) of the Atomic Energy Act of 1954. 
"D '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 genera-
tor 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 com-
pact into law and pays the membership fee. 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1883 
"o) 'Person' means any individual, corporation, business enter-
prise or other legal entity, either public or private, and any legal 
successor, representative, agent or agency of that individual, cor-
poration, business enterprise, or legal entity. 
"p) 'Region' means the geographical area of the party states. 
"q) 'Regional facility' means a facility which is located within the 
region and which is established by a party state pursuant to designa-
tion 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 30 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) *Stor£ige' means the temporary holding of waste for treatment 
or disposal. 
"w) 'Treatment' means any method, technique or process, includ-
ing storage for radioactive decay, designed to change the physical, 
chemical or biological characteristics or composition of any waste in 
order to render the wsiste 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 members 
from each state eligible to be a host state, one voting member from 
any other party state, and an ex officio non-voting member who is a 
member of the County Board of or who is a County Commissioner of 
each host county. The Grovernor of each party state shall notify the 
Commission in writing of its members and any alternates. 
"b) E}ach Commission member is entitled to one vote. No action of 
the Commission is binding unless a majority of the total member-
ship casts its vote in the affirmative. 
"c) The Commission shall elect annually from among its members 
a chairperson. The Commission shall adopt and publish, in conven-
ient form, by-laws and policies that are not inconsistent with this 
compact, including procedures that conform with the provisions of 
the Federal Administrative Procedure Act (5 U.S.C. ss. 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. 
Central Midwest 
Interstate Low-
Level 
Radioactive 
Waste 
Commission, 
establishment. 
Public informa-
tion. 
99 STAT. 1884 
PUBLIC LAW 99-240—JAN. 15, 1986 
Records. 
Public 
inspection. 
Contracts. 
Prohibitions. 
Reports. 
Prohibition. 
"d) The Commission shall meet at least once annually and shall 
also meet upon the call of the chairperson or a Commission member. 
"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 member or the presiding officer. 
"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 the first state eligible 
to be a host state. The Commission may appoint or contract for and 
compensate such staff necessary to carry out its duties and func-
tions. 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 Commis-
sion, except for information privileged against introduction in ju-
dicial 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 or contract with any person, 
state or group of states for the right to use regional facilities for 
waste generated outside of the region and for the right to use 
facilities outside the region for waste generated within the 
region. No person may use a regional facility for waste gen-
erated outside the region unless both a majority of the members 
of the Commission and all members from the host state in 
which any affected regional facility is located vote in favor of 
permitting such use. No person in the region may use a storage, 
treatment or disposal facility outside the region without prior 
Commission approval. No such agreement or contract shall be 
valid unless specifically approved by a law enacted by the 
legislature of the host state. 
"2) Approve the disposal of waste generated within the region 
at a facility other than a regional facility. 
"3) Appear as an intervenor or party in interest before any 
court of law or any federal, state or local agency, board or 
commission in any matter related to waste management. In 
order to represent its views, the Commission may arrange for 
any expert testimony, reports, evidence or other participation. 
4) Review the emergency closure of a regional facility, deter-
mine 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 10 percent of the total volume recorded on 
such manifests for the region during 4 ^ . same year shall not be 
designated a host state or be required to store the region's 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1885 
w£iste. In determining the 10 percent exclusion, there shall not 
be included waste recorded on low-level radioactive waste mani-
fests by a person whose principal business is providing a service 
by arranging for the collection, transportation, treatment, stor-
age or disposal of such waste. 
"5) Take any action which is appropriate and necessary to 
perform its duties and functions as provided in this compact. 
"6) Suspend the privileges or revoke the membership of a 
party state, 
"j) The Commission shall: 
"D 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. 
"2) Here, negotiate, and, as necessary, resolve by final deci-
sion disputes which may arise between the party states regard-
ing this compact. 
"3) Adopt and amend, £is appropriate, a regional management 
plan that plans for the establishment of needed regional 
facilities. 
"4) 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 sufficent to cover its administrative costs of 
collection. 
"D 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 re-
ceipts 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 corpora-
tion. 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 estab-
lish 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: 
Report. 
Contracts. 
Audit. 
Reports. 
Grants. 
Report. 
99 STAT. 1886 
PUBLIC LAW 99-240—JAN. 15, 1986 
"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 facil-
ity; or 
Transportation. 
"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. Members of the Commission are not personally liable 
for actions taken by them in their official capacity, 
"p) Except as provided under Sections (n) and (o) of this Article, 
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 60 
days after the Commission's final decision, to obtain judicial review 
of said final decision. 
Health. 
Safety. 
"ARTICLE IV. REGIONAL MANAGEMENT PLAN 
"The Commission shall adopt a regional management plan de-
signed to ensure the safe and efficient management of waste gen-
erated within the region. In adopting a regional waste management 
plan the Commission shall: 
"a) Adopt procedures for determining, consistent with consider-
ations 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), each party state has 
the right to have all wastes generated within borders managed at 
regional facilities subject to the provisions contained in Article IX(b) 
and IX(c). 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 Ill(iXl). 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1887 
"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 Ill(iXl). 
"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 responsibil-
ities. 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 the 
regional facility for storage, treatment or disposal. Disposition of 
these wastes shall be the sole responsibility of the Commonwealth of 
Kentucky and shall not be subject to the provisions of this compact. 
Exports. 
Regulations. 
Transportation. 
Prohibition. 
Contracts. 
Kentucky. 
Prohibition. 
"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 Section (a), or upon notification 
that an existing regional facility will be closed, the Commission may 
designate a host state. 
"c) A party state shall not be selected as a host state for any 
regional facility unless that state's total volume of waste recorded 
on low-level radioactive waste manifests for any year is more than 
10 percent of the total volume recorded on such manifests for the 
region during the same year. In determining the 10 percent exclu-
sion, there shall not be included waste recorded on low-level radio-
active 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. 
"d) Each party state designated as a host state is responsible for 
determining possible facility locations within its borders. The selec-
tion 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. 
**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 respon-
sibility only 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. 
"f) After a state is designated a host state by the Commission, it is 
responsible for the timely development and operation of a regional 
facility. 
"g) 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. 
Prohibitions. 
Prohibition. 
99 STAT. 1888 
PUBLIC LAW 99-240—JAN. 15, 1986 
Health. 
Safety. 
42 u s e 10101 
note. 
Prohibition. 
Environmental 
protection. 
Health. 
Safety. 
Prohibition. 
Transportation. 
"h) The Commission may designate a party state as a host state 
while a regional facility is in operation if the Commission deter-
mines that an additional regional facility is or may be required to 
meet the needs of the region. 
"i) Designation of a host state is for a period of 20 years or the life 
of the regional facility which is established under that designation, 
whichever is shorter. Upon request of a host state, the Commission 
may modify the period of its designation. 
"j) 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, mon-
itoring, 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 in-
curred for the host state, subject to approval by the Commission. 
The fee system shall include incentives for source or volume reduc-
tion 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. 
"k) 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 respon-
sibility to provide for the extended care of such facility. 
"D 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 headth 
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 working days of its action and shall, within 
30 working days of its action, demonstrate justification 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 manifests for any year 
which is less than 10 percent of the total volume recorded on such 
manifests for the region during the same year. 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. 
"n) A party state which is designated £is a host state by the 
Commission and fails to fulfill its obligations as a host state may 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1889 
have its privileges under the compact suspended or membership in 
the compact revoked by the Commission. 
"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(j), to provide for the costs of: 
"D 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 
"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 monies in this Fund in amounts as it deems 
appropriate to purch£ise insurance or to make other similar 
financial protection arrangements consistent with the purposes 
of this Fund; this Section shall in no manner limit the financial 
responsibilities of the site operator pursuant to Article VI(p) 
and the party states, or any other states which contract to 
dispose of wastes at the regional facility, pursuant to Article 
Vl(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 payments to the Extended Care and Long-Term 
Liability Fund as set forth in Article VI(o) 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 monies from 
such insurance prior to using monies from the Extended Care and 
Long-Term Liability Fund. 
"q) All party states, or any other states which contract to dispose 
of wastes at the regional facility, shall be liable for the cost of 
extended care and long-term liability in excess of monies available 
from the Extended Care and Long-Term Liability Fund, £is set forth 
in Article VI(o) and from the property and third-party liability 
insurance as set forth in Article VI(p). A party state may meet such 
liability for costs by levying surcharges upon generators located in 
the party state. The extent of such liability for such party state 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. How-
ever, this Section shall not apply to a party state with a total volume 
of waste recorded on low-level radioactive waste manifests for any 
Health. 
Environmental 
protection. 
Health. 
Real property. 
Gifts and 
property. 
Insurance. 
Contracts. 
Real property. 
Insurance. 
Health. 
Contracts. 
Prohibition. 
99 STAT. 1890 
PUBLIC LAW 99-240—JAN. 15, 1986 
year that is less than 10 percent of the total volume recorded on 
such manifests for the region during the same year. 
"ARTICLE VII. OTHER LAWS AND REGULATIONS 
Prohibitions. 
"a) Nothing in this compact: 
"D abrogates or limits the applicability of any act of Congress 
or diminishes or otherwise impairs the jurisdiction of any fed-
eral 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 genera-
tor 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; 
Research and 
"6) affects the generation, treatment, storage or disposal of 
development. 
waste generated by the atomic energy defense activities of the 
Secretary of the U.S. Department of Energy or successor agen-
cies or federal research and development activities as defined in 
42 U.S.C. 2021; 
Transportation. 
"7) affects the rights and powers of any party state or its 
Taxes. 
political subdivisions, to the extent not inconsistent with this 
compact, to regulate and license any facility or the transpor-
tation 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; 
Contracts. 
"8) requires a party state to enter into any agreement with 
the U.S. Nuclear Regulatory Commission; or 
"9) alters or limits liability of transporters of waste 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 for waste generated 
outside the region shall be allowed to dispose of such waste at a 
regional facility unless specifically approved by the Commission 
pursuant to the provisions of Article III(i)(l). 
"ARTICLE VIII. ELIGIBLE PARTIES, WITHDRAWAL, 
REVOCATION, ENTRY INTO FORCE, TERMINATION 
Illinois. 
"a) Eligible parties to this compact are the State of Illinois and 
Kentucky. 
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 
ArticleIll(kXl). 
_ .i 
._ ., ..._v,, 
. 
Prohibition. 
Regulations. 
Prohibition. 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1891 
*
*
c
) The Commission is formed upon the appointment of Commis-
sion members 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 Sec-
tion (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 5 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 5 years. Failure of the 
Congress affirmatively to withdraw its consent has the effect of 
renewing consent for an additional 5 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 IIKiXD and to prohibit exportation of waste generated within 
the region pursuant to Article Ill(iXl). 
"f) A state which has been designated a host state may withdraw 
from the compact. The option to withdraw must be exercised within 
90 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 90 days and prior to 
fulfilling its obligations shall be assessed a sum the Commission 
determines to be necessary to cover the costs borne by the Commis-
sion and remaining party states as a result of that withdrawal. 
Effective date. 
Prohibition. 
Exports. 
Effective date. 
"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 otherwise authorized by the Commission pursuant to 
Article Ill(i), after January 1, 1986 it is a violation of this compact: 
"D for any person to deposit at a regional facility waste not 
generated within the region; 
"2) for any regional facility to accept waste not generated 
within the region; 
"3) for any person to export from the region waste which is 
generated within the region; or 
99 STAT. 1892 
PUBLIC LAW 99-240—JAN. 15, 1986 
Regulation. 
Provisions held 
invalid. 
42 u s e 2021d 
note. 
Iowa. 
Indiana. 
Michigan. 
Minnesota. 
Missouri. 
Ohio. 
Wisconsin. 
Research and 
development. 
"4) for any person to dispose of waste at a facility other than a 
regional facility, 
"c) Each party state acknowledges that the receipt by a host state 
of w£iste 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 viola-
tor's right of access to the facility in the host state. 
"d) 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 cir-
cumstance 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.". 
SEC. 225. MIDWEST 
INTERSTATE 
LOW-LEVEL 
RADIOACTIVE 
WASTE 
MANAGEMENT COMPACT. 
The consent of Congress is hereby given to the States of Iowa, 
Indiana, Michigan, Minnesota, Missouri, Ohio, and Wisconsin to 
enter into the Midwest Interstate Compact on Low-level Radioactive 
Waste Management. Such compact is 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 (42 U.S.C. 2021b to 2021d), has provided for and encour-
aged the development of low-level radioactive waste compacts as a 
tool for managing such waste. The party states acknowledge that 
the Congress has declared that each state is responsible for provid-
ing 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 wsiste generated as a result of certain defense 
activities of the federal government or federal research and develop-
ment activities. The party states also recognize that the manage-
ment 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 coopera-
tive effort; 
"2. Providing sufficient facilities for the proper management 
of low-level radioactive waste generated in the region; 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1893 
"3. Protecting the health and safety of the citizens of the 
region; 
"4. Limiting the number of facilities required to effectively 
and efficiently manage low-level radioactive waste generated in 
the region; 
"5. Encouraging the reduction of the amounts of low-level 
radioactive waste generated in the region; 
"6. Distributing the costs, benefits and obligations of success-
ful low-level radioactive waste management equitably among 
the party states, and among generators and other persons who 
use regional facilities to manage their waste; and 
"7. Ensuring the ecological and economical management 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 appro-
priate 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 viola-
tion of federal rules, regulations and laws; and 
"3. Timely inspection of their licensees to determine their 
compliance with these rules, regulations and laws. 
"ARTICLE II. DEFINITIONS 
"As used in this compact, unless the context clearly requires a 
different construction: 
"a. 'Care' means the continued observation of a facility after 
closure for the purposes of detecting a need for maintenance, ensur-
ing environmental safety, and determining compliance with ap-
plicable licensure and regulatory requirements and including the 
correction of problems which are detected as a result of that 
observation. 
"b. 'Commission' means the Midwest Interstate Low-Level Radio-
active Waste Commission. 
"c. 'Decommissioning' means the measures taken at the end of a 
facility's operating life to assure the continued protection of the 
public from any residual radioactivity or other potential hazards 
present at a facility. 
"d. 'Disposal' means the isolation of waste from the biosphere in a 
permanent facility designed for that purpose. 
"e. 'Eligible state' means a state qualified to be a party state to 
this compact as provided in Article VIII. 
"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 any person who produces or possesses low-
level radioactive waste in the course of or incident to manufactur-
ing, 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. 
Generator does not include a person who provides a service by 
arranging for the collection, transportation, treatment, storage or 
disposal of wastes generated outside the region. 
Health. 
Safety. 
Regulations. 
99 STAT. 1894 
PUBLIC LAW 99-240—JAN. 15, 1986 
Midwest 
Interstate Low-
Level 
Radioactive 
Waste 
Commission, 
establishment. 
Prohibition. 
"h. 'Host state' means any state which is designated by the 
Commission to host a regional facility. 
"i. 'Low-level radioactive waste' or 'waste' means radioactive 
waste not classified as high-level radioactive waste, transuranic 
waste, spent nuclear fuel or by-product material as defined in 
Section 11(e)(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2014). 
"j. 'Management plan' means the plan adopted by the Commission 
for the storage, transportation, treatment and disposal of waste 
within the region. 
"k. 'Party state' means any eligible state which enacts the com-
pact into law. 
"1. '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, busi-
ness enterprise, or legal entity. 
"m. 'Region' means the area of the party states. 
"n. 'Regional facility' means a facility which is located within the 
region and which is established by a party state pursuant to designa-
tion of that state as a host state by the Commission. 
"o. 'Site' means the geographic location of a facility. 
"p. 'State' means a state of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands or 
any other territbrial possession of the United States. 
"q, 'Storage' means the temporary holding of waste for treatment 
or disposal. 
"r. 'Treatment' means any method, technique or process, includ-
ing storage for radioactive decay, designed to change the physical, 
chemical or biological characteristics or composition of any waste in 
order to render the waste safer for transport or management, 
amenable to recovery, convertible to another usable material, or 
reduced in volume. 
"s. 'Waste management' means the storage, transportation, treat-
ment, or disposal of waste. 
"ARTICLE III. THE COMMISSION 
"a. There is hereby created the Midwest Interstate Low-Level 
Radioactive Waste Commission. The Commission consists of one 
voting member from each party state. The Governor of each party 
state shall notify the Commission in writing of its member and any 
alternates. An alternate may act on behalf of the member only in 
that member's absence. The method for selection and the expenses 
of each Commission member shall be the responsibility of the 
member's respective state. 
"b. Each Commission member is entitled to one vote. No action of 
the Commission is binding unless a majority of the total member-
ship cast their vote in the affirmative. 
"c. The Commission shall elect annually from among its members 
a chairperson. The Commission shall adopt and publish, in conven-
ient form, bylaws, and policies which are not inconsistent with this 
compact, including procedures which substantially conform with the 
provisions of federal law on administrative procedure compiled at 5 
U.S.C. 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. 
..,:.._-....-.....,.. 
_-.„.,,,...,-.....,.......-..•..-
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1895 
"d. The Commission shall meet at least once annually and shall 
also meet upon the call of the chairperson or a 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 Commis-
sion 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 Contracts. 
Commission may appoint or contract for and compensate such 
limited 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. The Commission may: 
"1. Enter into an agreement with any person, state, or group Contracts. 
of states for the right to use regional facilities for waste gen-
erated outside of the region and for the right to use facilities 
outside the region for waste generated within the region. The 
right of any person to use a regional facility for waste generated 
outside of the region requires an affirmative vote of a majority 
of the Commission, including the affirmative vote of the 
member of the host state in which any affected regional facility 
is located. 
"2. Approve the disposal of waste generated within the region 
at a facility other than a regional facility. 
"3. Appear as an intervener or party in interest before any Reports. 
court of law or any federsd, state or local agency, board or 
commission in any matter related to waste management. In 
order to represent its views, the Commission may arrange for 
any expert testimony, reports, evidence or other participation. 
"4. Review the emergency closure of a regional facility, deter-
mine the appropriateness of that closure, and take whatever 
actions are necessary to ensure that the interests of the region 
are protected. 
"5. Take any action which is appropriate and necessary to 
perform its duties and functions as provided in this compact. 
"6. Suspend the privileges or revoke the membership of a 
party state by a two-thirds vote of the membership in accord-
ance with Article VIII. 
**i. The Commission shall: 
"1. Receive and act on the petition of a nonparty state to 
become an eligible state. 
"2. Submit an annual report to, and otherwise communicate Report. 
with, the governors and the appropriate officers of the legisla-
tive bodies of the party states regarding the activities of the 
Commission. 
"3. Hear, negotiate, and, as necessary, resolve by final deci-
sion disputes which may arise between the party states regard-
ing this compact. 
99 STAT. 1896 
PUBLIC LAW 99-240—JAN. 15, 1986 
Contracts. 
Audit. 
Report. 
Grants. 
Report. 
Transportation. 
Prohibition. 
"4. Adopt and amend, by a two-thirds vote of the membership, 
in accordance with the procedures and criteria developed pursu-
ant to Article IV, a regional management plan which designates 
host states for the establishment of needed regional facilities, 
"5. Adopt an annual budget, 
"j. Funding of the budget of the Commission shall be provided as 
follows: 
"1. Each state, upon becoming a party state, shall pay $50,000 
or $1,000 per cubic meter of waste shipped from that state in 
1980, whichever is lower, to the Commission which shall be used 
for the administrative costs of the Commission; 
"2. Each state hosting a regional facility shall levy surcharges 
on all users of the regional facility based upon its portion of the 
total volume and characteristics of wastes managed at that 
facility. The surcharges collected at all regional facilities shall: 
"(a) Be sufficient to cover the annual budget of the 
Commission; and 
"(b) Represent the financial commitments of all party 
states to the Commission; and 
"(c) Be paid to the Commission, provided, however, that 
each host state collecting surcharges may retain a portion 
of the collection sufficient to cover its administrative costs 
of collection, and that the remainder be sufficient only to 
cover the approved annual budget of the Commission. 
"k. 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. 
"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 corpora-
tion. The nature, amount and condition, if any, attendant upon any 
donation or grant accepted or received by the Commission together 
with the identity of the donor, grantor or lender, shall be detailed in 
the annual report of the Commission. 
"m. The Commission is not liable for any costs associated with any 
of the following: 
"1. The licensing and construction of any facility, 
"2. The operation of any facility, 
"3. The stabilization and closure of any facility, 
"4. The care of any facility, 
"5. The extended institutional control, after care of any facil-
ity, or 
"6. The transportation of waste to any facility, 
"n, 1. The Commission is a legal entity separate and distinct from 
the party states and is liable for its actions as a separate and distinct 
legal entity. Liabilities of the Commission are not liabilities of the 
party states. Members of the Commission are not personally liable 
for actions taken by them in their official capacity. 
"2. Except as provided under sections m. and n.l. of this article, 
nothing in this compact alters liability for any act, omission, 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1897 
course of conduct or liability resulting from any causal or other 
relationships. 
"o. Any person aggrieved by a final decision of the Commission 
may obtain judicial review of such decision in any court of com-
petent jurisdiction by filing in such court a petition for review 
within 60 days after the Commission's final decision. 
"ARTICLE IV. REGIONAL MANAGEMENT PLAN 
"The Commission shall adopt a regional maneigement plan 
designed to ensure the safe and efficient management of waste 
generated within the region. In adopting a regional waste manage-
ment plan the Commission shall: 
"a. Adopt procedures for determining, consistent with consider-
ations for public health and safety, the t3T)e 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 consider policies promoting source reduction of 
waste generated within the region. 
"c. Develop and adopt procedures and criteria for identifying a 
party state as a host state for a regional facility. In developing these 
criteria, the Commission shall consider all the following: 
"1. The health, safety, and welfare of the citizens of the party 
states. 
"2. The existence of regional facilities within each party state. 
"3. The minimization of waste transportation. 
"4. The volumes and types of wastes generated within each 
party state. 
"5. The environmental, economic, and ecological impacts on 
the air, land and water resources of the party states, 
"d. Conduct such hearings, and obtain such reports, studies, evi-
dence and testimony required by its approved procedures prior to 
identifying a party state as a host state for a needed regional 
facility. 
"e. Prepare a draft management plan, including procedures, cri-
teria and host states, including alternatives, which shall be made 
available in a convenient form to the public for comment. Upon the 
request of a party state, the Commission shall conduct a public 
hearing in that state prior to the adoption of the management plan. 
The management plan shall include the Commission's response to 
public and party state comment. 
Health. 
Safety. 
Health. 
Safety. 
Transportation. 
Reports. 
Studies. 
"ARTICLE V. RIGHTS AND OBLIGATIONS OF PARTY STATES 
"a. Each party stete shall act in good faith in the performance of 
acts £md 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. Each party state has the right to have all wastes generated 
within its borders managed at regional facilities subject to the 
provisions conteined in Article IX.c. 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. 
"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. 
Exports. 
99 STAT. 1898 
PUBLIC LAW 99-240—JAN. 15, 1986 
Regulations. 
Transportation. 
Prohibition. 
Prohibition. 
Audit. 
"d. To the extent permitted by federal law, each party state may 
enforce any appHcable 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 C!ommission. 
"e. Each party state shall provide to the Commission any data and 
information the Commission requires to implement its responsibil-
ities. Each party state shall establish the capability to obtain any 
data and information required by the Commission. 
"ARTICLE VI. DEVELOPMENT AND OPERATION AND 
FACILITIES 
"a. Any party state may volunteer to become a host state, and the 
Commission may designate that state as a host state upon a two-
thirds vote of its members. 
"b. If all regional facilities required by the regional management 
plan are not developed pursuant to section a., or upon notification 
that an existing regional facility will be closed, the Commission may 
designate a host state. 
"c. Each party state designated as a host state is responsible for 
determining possible facility locations within its borders. The selec-
tion of a facility site shall not conflict with applicable federal and 
host state laws, regulations and rules not inconsistent with this 
compact and shall be based on factors including, but not limited to, 
geological, environmental and economic viability of possible facility 
locations. 
"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 respon-
sibility only 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. 
"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 deter-
mines that an additional regional facility is or may be required to 
meet the needs of the region. The Commission shall make this 
designation following the procedures established under Article IV. 
"h. Designation of a host state is for a period of 20 years or the life 
of the regional facility which is established under that designation, 
whichever is longer. Upon request of a host state, the Commission 
may modify the period of its designation. 
"i. A host state 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 cost, including but not limited to the planning, siting, 
licensure, operation, decommissioning, extended care and long-term 
liability, associated with such facilities. This fee system may also 
include reasonable revenue beyond costs incurred for the host state, 
subject to approval by the Commission. A host state shall submit an 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1899 
annual financial audit of the operation of the regional facility to the 
Commission. The fee system may include incentives for source 
reduction and may be based on the hsizard of the waste as well as 
the volume. 
"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 care of a closed or decommis-
sioned regional facility within its borders so that the public health 
and safety of the state and region are ensured. 
"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 leeist 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 working days of its action and 
shall, within 30 working days of its action, demonstrate justification 
for the closing. 
"1. If a regional facility closes before an additional or new facility 
becomes operational, waste generated within the region may be 
shipped temporarily to any location agreed on by the Commission 
until a regional facility is operational. 
"m. A party state which is designated £is 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. 
Health. 
Safety. 
Prohibition. 
"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 fed-
eral 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 genera-
tor on its own premises; 
"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 agen-
cies or federal research and development activities as described 
in section 31 of the Atomic Energy Act of 1954 (42 U.S.C. 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 transpor-
tation of waste within its borders or affects the rights and 
powers of any party state and its political subdivisions to tax or 
impose fees on the waste managed at any facility within its 
borders. 
Prohibitions. 
Research and 
development. 
Transportation. 
Taxes. 
99 STAT. 1900 
PUBLIC LAW 99-240—JAN. 15, 1986 
Delaware. 
Illinois. 
Indiana. 
Iowa. 
Kansas. 
Kentucky. 
Maryland. 
Michigan. 
Minnesota. 
Missouri. 
Nebraska. 
North Dakota. 
Ohio. 
South Dakota. 
Virginia. 
Wisconsin. 
Contracts. 
"8. Requires a party state to enter into any agreement with 
the U.S. Nuclear Regulatory Commission. 
"9. Alters or limits liability of transporters of waste, owners 
and operators of sites for their acts, omissions, conduct or 
relationships in accordance with applicable laws, 
"b. For purp€>ses of this compact, all state laws or parts of laws in 
conflict with this compact are hereby superseded to the extent of the 
conflict. 
Prohibition. 
"c. No law, rule or regulation of a party state or of any of its 
Regulations. 
subdivisions or instrumentalities may be applied in a manner which 
discriminates against the generators of another party state. 
"ARTICLE Vm. ELIGIBLE PARTIES, WITHDRAWAL, 
REVOCATION, ENTRY INTO FORCE, TERMINATION 
"a. Eligible parties to this compact are the states of Delaware, 
Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Michigan, 
Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, 
Virginia and Wisconsin. Eligibility terminates on July 1, 1984, 
"b. Any state not eligible for membership in the compact may 
petition the Commission for eligibility. The Commission may estab-
lish appropriate eligibility requirements. These requirements may 
include but are not limited to, an eligibility fee or designation as a 
host state. A petitioning state becomes eligible for membership in 
the compact upon the approval of the Commission, including the 
affirmative vote of all host states. Any state becoming eligible upon 
the approval of the Commission becomes a member of the compact 
in the same manner as any state eligible for membership at the time 
this compact enters into force. 
"c. An eligible state becomes a party state when the state enacts 
the compact into law and pays the membership fee required in 
Article III.j.l. 
"d. The Commission is formed upon the appointment of Commis-
sion members and the tender of the membership fee payable to the 
Commission by three party states. The Grovemor of the first state to 
enact this compact shall convene the initial meeting of the Commis-
sion. 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 provision of this compact. 
Prohibition. 
"e. Any party state may withdraw from this compact by repealing 
the authorizing legislation but no withdrawal may take effect until 
five years after the governor of the withdrawing state gives notice in 
writing of the withdrawal to the Commission and to the governor of 
each party state. 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. 
"f. Any party state which fails to comply with the terms of this 
compact or fails to fulfill its obligations may have its privileges 
suspended or its membership in the compact revoked by the 
Commission in accordance with Article III.h.6. Revocation takes 
effect one year from the date the affected party state receives 
written notice from the Commission of its action. All legal rights of 
the affected party state established under this compact cease upon 
the effective date of revocation but any legal obligations of that 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1901 
party state arising prior to revocation 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 
immediately following the vote of the Commission to the governor of 
the affected party state, all other governors of the party states and 
the Congress of the United States. 
"g. This compact becomes effective upon enactment by at least 
Effective date. 
three eligible states and consent to this compact by Congress. The 
Congress shall have an opportunity to withdraw such consent every 
five years. Failure of the Congress to affirmatively withdraw its 
consent has the effect of renewing consent for an additional five 
year period. The consent given to this compact by the Congress shall 
extend to any future admittance of new party states under sections 
b. and c. of this article and to the power of the Commission to ban 
the shipment of waste from the region pursuant to Article IIL 
"h. The withdrawal of a party state from this compact under 
section e. of this article or the suspension or revocation of a state's 
membership in this compact under section f. of this article does not 
affect the applicability of this compact to the remaining party 
states. 
"i. A state which has been designated by the Commission to be a 
host state has 90 days from receipt by the Governor of written notice 
of designation to withdraw from the compact without any right to 
receive refund of any funds already paid pursuant to this compact, 
and without any further payment. Withdrawal becomes effective 
immediately upon notice as provided in section e. of this article. A 
designated host state which withdraws from the compact after 90 
days and prior to fulfilling its obligations shall be assessed a sum the 
Commission determines to be necessary to cover the costs borne by 
the Commission and remaining party states as a result of that 
withdrawal. 
"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 otherwise authorized by the Commission pursuant to 
Article Ill.h. after January 1, 1986, it is a violation of this compact: 
"1. For any person to deposit at a regional facility waste not 
generated within the region; 
"2. For any regional facility to accept waste not generated 
within the region; 
"3. For any person to export from the region waste which is Exports, 
generated within the region; or 
"4. For any person to dispose of waste at a facility other than 
a regional facility, 
"c. Each party state acknowledges that the receipt by a host state Regulations. 
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 suspension or revocation of the 
violator's right of access to the facility in the host state. 
"d. Each party state has the right to seek legal recourse against 
any party state which acts in violation of this compact. 
99 STAT. 1902 
PUBLIC LAW 99-240—JAN. 15, 1986 
Provisions held 
invalid. 
42 u s e 2021d 
note. 
Arizona. 
Colorado. 
Nevada. 
New Mexico. 
Utah. 
Wyoming. 
"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 of the United States or 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 cir-
cumstance 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.". 
SEC. 226. ROCKY MOUNTAIN LOW-LEVEL RADIOACTIVE WASTE COMPACT. 
In accordance with section 4(a)(2) of the Low-Level Radioactive 
Waste Policy Act (42 U.S.C. 2021d(a)(2)), the consent of the Congress 
hereby is given to the States of Arizona, Colorado, Nevada, New 
Mexico, Utah, and Wyoming to enter into the Rocky Mountain 
Interstate Low-Level Radioactive Waste Compact. Such compact is 
substantially as follows: 
'ROCKY MOUNTAIN LOW-LEVEL RADIOACTIVE WASTE 
COMPACT 
Research and 
development. 
42 u s e 2021b 
note. 
Health. 
Safety. 
"ARTICLE I. FINDINGS AND PURPOSE 
"(a) The party states agree that each state is responsible for 
providing for the management of low-level radioactive waste gen-
erated within its borders, except for waste generated as a result of 
defense activities of the federal government or federal research and 
development activities. Moreover, the party states find that the 
United States Congress, by enacting the Ijow-Level Radioactive 
Waste Policy Act' (P. L. 96-573), has encouraged the use of inter-
state compacts to provide for the establishment and operation of 
facilities for regional management of low-level radioactive waste. 
"(b) It is the purpose of the party states, by entering into an 
interstate compact, to establish the means for cooperative effort in 
managing low-level radioactive waste; to ensure the availability and 
economic viability of sufficient facilities for the proper and efficient 
management of low-level radioactive waste generated within the 
region while preventing unnecessary and uneconomic proliferation 
of such facilities; to encourage reduction of the volume of low-level 
radioactive waste requiring disposal within the region; to restrict 
management within the region of low-level radioactive waste gen-
erated outside the region; to distribute the costs, benefits and obliga-
tions of low-level radioactive waste management equitably among 
the party states; and by these means to promote the health, safety 
and welfare of the residents within the region. 
"ARTICLE II. DEFINITIONS 
"As used in this compact, unless the context clearly indicates 
otherwise: 
"(a) 'Board' means the Rocky Mountain low-level radioactive 
waste board; 
"(b) 'Carrier' means a person who transports low-level waste; 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1903 
"(c) 'Disposal' means the isolation of waste from the bio-
sphere, with no intention of retrieval, such as by land burial; 
"(d) 'Facility' means any property, equipment or structure 
used or to be used for the management of low-level waste; 
"(e) 'Generate' means to produce low-level waste; 
"(f) 'Host state' means a party state i - which a regional 
facility is located or being developed; 
"(g) 'Low-level waste or 'waste' means radioactive waste 
other than: 
"(i) Weiste generated as a result of defense activities of 
the federal government or federal research and develop-
ment activities; 
"(ii) High-level waste such as irradiated reactor fuel, 
liquid waste from reprocessing irradiated reactor fuel, or 
solids into which any such liquid waste has been converted; 
"(iii) Waste material containing transuranic elements 
with contamination levels greater than ten (10) nanocuries 
per gram of waste material; 
"(iv) By-product material as defined in Section lle.(2) of 
the 'Atomic Energy Act of 1954,* as amended November 8, 
1978;or 
"(v) Wastes from mining, milling, smelting or similar 
processing of ores and mineral-bearing material primarily 
for minerals other than radium. 
"(h) 'Management' means collection, consolidation, storage, 
treatment, incineration or disposal; 
"(i) 'Operator' means a person who operates a regional 
facility; 
"(j) 'Person' means an individual, corporation, partnership or 
other legal entity, whether public or private; 
"(k) 'Region' means the combined geographic area within the 
boundaries of the party states; and 
"(1) 'Regional facility' means a facility within any party state 
which either: 
"(i) has been approved as a regional facility by the board; 
or 
"(ii) is the low-level waste facility in existence on 
January 1,1982, at Beatty, Nevada. 
Nevada. 
"ARTICLE III. RIGHTS, RESPONSIBILITIES, AND OBUGATIONS 
"(a) There shall be regional facilities sufficient to manage the low-
level waste generated within the region. At least one (1) regional 
facility shall be open and operating in a party state other than 
Nevada within six (6) years after this compact becomes law in 
Nevada and in one (1) other state. 
"(b) Low-level waste generated within the region shall be man-
aged at regional facilities without discrimination among the party 
states; provided, however, that a host state may close a regional 
facility when necessary for public health or safety. 
"(c) Each party state which, according to reasonable projections 
made by the board, is expected to generate twenty percent (20%) or 
more in cubic feet except as otherwise determined by the board of 
the low-level waste generated within the region has an obligation to 
become a host state in compliance with subsection (d) of this article. 
"(d) A host state, or a party state seeking to fulfill its obligation to 
become a host state, shall: 
Nevada. 
Health. 
Safety. 
99 STAT. 1904 
PUBLIC LAW 99-240—JAN. 15, 1986 
"(i) Cause a regional facility to be developed on a timely basis 
as determined by the board, and secure the approval of such 
regional facility by the board as provided in Article IV before 
allowing site preparation or physical construction to begin; 
Health. 
"(ii) Ensure by its own law, consistent with any applicable 
S^^®*y 
federal law, the protection and preservation of public health 
and safety in the siting, design, development, licensure or other 
regulation, operation, closure, decommissioning and long-term 
care of the regional facilities within the state; 
"(iii) Subject to the approval of the board, ensure that charges 
for management of low-level waste at the regional facilities 
within the state are reasonable; 
"(iv) Solicit comments from each other party state and the 
board regarding siting, design, development, licensure or other 
regulation, operation, closure, decommissioning and long-term 
care of the regional facilities within the state and respond in 
writing to such comments; 
Report. 
"(v) Submit an annual report to the board which contains 
projections of the anticipated future capacity and availability of 
the regional facilities within the state, together with other 
information required by the board; and 
Report. 
"(vi) Notify the board immediately if any exigency arises 
requiring the possible temporary or permanent closure of a 
regional facility within the state at a time earlier than was 
projected in the state's most recent annual report to the board. 
Nevada. 
"(e) Once a party state has served as a host state, it shall not be 
obligated to serve again until each other party state having an 
obligation under subsection (c) of this article has fulfilled that 
obligation. Nevada, already being a host state, shall not be obligated 
to serve again as a host state until every other party state has so 
served. 
"(0 Each party state: 
Transportation. 
"(i) Agrees to adopt and enforce procedures requiring low-
Regulations, 
level waste shipments originating within its borders and des-
tined for a regional facility to conform to packaging and 
transportation requirements and regulations. Such procedures 
shall include but are not limited to: 
"(A) Periodic inspection of packaging and shipping 
practices; 
"(B) Periodic inspections of waste containers while in the 
custody of carriers; and 
"(C) Appropriate enforcement actions with respect to 
violations. 
Transportation. 
"(ii) Agrees that after receiving notification from a host state 
Regulations. 
that a person in the party state has violated packaging, ship-
ping or transportation requirements or regulations, it shall take 
appropriate action to ensure that violations do not recur. Appro-
priate action may include but is not limited to the requirement 
that a bond be posted by the violator to pay the cost of repackag-
ing at the regional facility and the requirement that future 
shipments be inspected; 
"(iii) May impose fees to recover the cost of the practices 
provided for in paragraph (i) and (ii) of this subsection; 
"(iv) Shall maintain an inventory of all generators within the 
state that may have low-level waste to be managed at a regional 
facility; and 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1905 
"(v) May impose requirements or regulations more stringent 
than those required by this subsection. 
"ARTICLE IV. BOARD APPROVAL OF REGIONAL FACILITIES 
"(a) Within ninety (90) days after being requested to do so by a 
party state, the board shall approve or disapprove a regional facility 
to be located within that state. 
"(b) A regional facility shall be approved by the board if and only 
if the board determines that: 
"(i) There will be, for the foreseeable future, sufficient 
demand to render operation of the proposed facility economi-
cally feasible without endangering the economic feasibility of 
operation of any other regional facility; and 
"(ii) The facility will have sufficient capacity to serve the 
needs of the region for a reasonable period of years. 
"ARTICLE V. SURCHARGES 
"(a) The board shall impose a 'compact surcharge' per unit of 
waste received at any regional facility. The surcharge shall be 
adequate to pay the costs and expenses of the board in the conduct 
of its authorized activities and may be increased or decreased as the 
board deems necessary. 
"(b) A host state may impose a 'state surcharge' per unit of waste 
received at any regional facility within the state. The host state may 
fix and change the amount of the state surcharge subject to ap-
proval by the board. Money received from the state surcharge may 
be used by the host state for any purpose authorized by its own law, 
including but not limited to costs of licensure and regulatory activi-
ties related to the regional facility, reserves for decommissioning 
and long-term care of the regional facility and local impact 
assistance. 
"ARTICLE VI. THE BOARD 
"(a) The 'Rocky Mountain low-level radioactive wsiste board', 
which shall not be an agency or instrumentality of any party state, 
is created. 
"(b) The board shall consist of one (1) member from each party 
state. The governor shall determine how and for what term its 
member shall be appointed, and how and for what term any alter-
nate may be appointed to perform that member's duties on the 
board in the member's absence. 
"(c) Each party state is entitled to one (1) vote. A majority of the 
board constitutes a quorum. Unless otherwise provided in this com-
pact, a majority of the total number of votes on the board is 
necessary for the board to take any action. 
"(d) The board shall meet at least once a year and otherwise as its 
business requires. Meetings of the board may be held in any place 
within the region deemed by the board to be reasonably convenient 
for the attendance of persons required or entitled to attend and 
where adequate accommodations may be found. Reasonable public 
notice and opportunity for comment shall be given with respect to 
any meeting; provided, however, that nothing in this subsection 
shall preclude the board from meeting in executive session when 
seeking legal advice from its attorneys or when discussing the 
employment, discipline or termination of any of its employees. 
Regulations. 
Rocky Mountain 
Low-Level 
Radioactive 
Waste Board, 
establishment. 
Prohibition. 
99 STAT. 1906 
PUBLIC LAW 99-240—JAN. 15, 1986 
Contracts. 
Audit. 
Report. 
Report. 
Grants. 
Report. 
Report. 
"(e) The board shall pay necessary travel and reasonable per diem 
expenses of its members, alternates, and advisory committee 
members. 
"(f) The board shall organize itself for the efficient conduct of its 
business. It shall adopt and publish rules consistent with this com-
pact regarding its organization and procedures. In special cir-
cumstances the board, with unanimous consent of its members, may 
take actions by telephone; provided, however, that any action taken 
by telephone shall be confirmed in writing by each member within 
thirty (30) days. Any action taken by telephone shall be noted in the 
minutes of the board. 
"(g) The board may use for its purposes the services of any 
personnel or other resources which may be offered by any party 
state. 
"(h) The board may establish its offices in space provided for that 
purpose by any of the party states, or, if space is not provided or is 
deemed inadequate, in any space within the region selected by the 
board. 
"(i) Consistent with available funds, the board may contract for 
necessary personnel services to carry out its duties. Staff shall be 
employed without regard for the personnel, civil service, or merit 
system laws of any of the party states and shall serve at the 
pleasure of the board. The board may provide appropriate employee 
benefit programs for its staff. 
"(j) The board shall establish a fiscal year which conforms to the 
extent practicable to the fiscal years of the party states. 
"(k) The board shall keep an accurate account of all receipts and 
disbursements. An annual audit of the books of the board shall be 
conducted by an independent certified public accountant, and the 
audit report shall be made a part of the annual report of the board. 
"(1) The board shall prepare and include in the annual report a 
budget showing anticipated receipts and disbursements for the ensu-
ing year. 
"(m) Upon legislative enactment of this compact, each party state 
shall consider the need to appropriate seventy thousand dollars 
($70,000.00) to the board to support its activities prior to the collec-
tion of sufficient funds through the compact surcharge imposed 
pursuant to subsection (a) of article V of this compact. 
"(n) The board may accept any donations, grants, equipment, 
supplies, materials or services, conditional or otherwise, from any 
source. The nature, amount and condition, if any, attendant upon 
any donation, grant or other resources accepted pursuant to this 
subsection, together with the identity of the donor or grantor, shall 
be detailed in the annual report of the board. 
"(o) In addition to the powers and duties conferred upon the board 
pursuant to other provisions of this compact, the board: 
"(i) Shall submit communications to the governors and to the 
presiding officers of the legislatures of the party states regard-
ing the activities of the board, including an annual report to be 
submitted by December 15; 
"(ii) May Eissemble and make available to the governments of 
the party states and to the public through its members informa-
tion concerning low-level waste management needs, tech-
nologies and problems; 
"(iii) Shall keep a current inventory of all generators within 
the region, based upon information provided by the party states; 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1907 
"(iv) Shall keep a current inventory of all regional facilities, 
including information on the size, capacity, location, specific 
wastes capable of being maneiged and the projected useful life of 
each regional facility; 
"(v) May keep a current inventory of all low-level waste 
facilities in the region, based upon information provided by the 
party states; 
"(vi) Shall ascertain on a continuing basis the needs for 
regional facilities and capacity to manage each of the various 
classes of low-level waste; 
"(vii) May develop a regional low-level waste management 
plan; 
"(viii) May establish such advisory committees as it deems 
necessary for the purpose of advising the board on matters 
pertaining to the management of low-level waste; 
"(ix) May contract as it deems appropriate to accomplish its 
duties and effectuate its powers, subject to its projected avail-
able resources; but no contract made by the board shall bind 
any party state; 
"(x) Shall make suggestions to appropriate officials of the 
party states to ensure that adequate emergency response pro-
grams are available for dealing with any exigency that might 
arise with respect to low-level waste transportation or manage-
ment; 
"(xi) Shall prepare contingency plans, with the cooperation 
and approval of the host state, for management of low-level 
waste in the event any regional facility should be closed; 
"(xii) May examine all records of operators of regional facili-
ties pertaining to operating costs, profits or the assessment or 
collection of any charge, fee or surcharge; 
"(xiii) Shall have the power to sue; and 
"(xiv) When authorized by unanimous vote of its members, 
may intervene as of right in any administrative or judicial 
proceeding involving low-level waste. 
Contracts. 
Prohibition. 
Records. 
"ARTICLE VII. PROHIBITED ACTS AND PENALTIES 
"(a) It shall be unlawful for any person to dispose of low-level 
waste within the region, except at a regional facility; provided, 
however, that a generator who, prior to January 1, 1982, had been 
disposing of only his own waste on his own property may, subject to 
applicable federal and state law, continue to do so. 
(b) After January 1, 1986, it shall be unlawful for any person to 
export low-level waste which was generated within the region out-
side the region unless authorized to do so by the board. In determin-
ing whether to grant such authorization, the factors to be considered 
by the board shall include, but not be limited to, the following: 
"(i) The economic impact of the export of the waste on the 
regional facilities; 
"(ii) The economic impact on the generator of refusing to 
permit the export of the waste; and 
"(iii) The availability of a regional facility appropriate for the 
disposal of the waste involved. 
"(c) After January 1, 1986, it shall be unlawful for any person to 
manage any low-level waste within the region unless the waste was 
generated within the region or unless authorized to do so both by 
the board and by the state in which said management takes place. 
Exports. 
99 STAT. 1908 
PUBLIC LAW 99-240—JAN. 15, 1986 
In determining whether to grant such authorization, the factors to 
be considered by the board shall include, but not be limited to, the 
following: 
Imports. 
"(i) the impact of importing waste on the available capacity 
and projected life of the regional facilities; 
"(ii) the economic impact on the regional facilities; and 
"(iii) the availability of a regional facility appropriate for the 
disposal of the t3T)e of waste involved. 
"(d) It shall be unlawful for any person to manage at a regional 
facility any radioactive waste other than low-level waste as defined 
in this compact, unless authorized to do so both by the board and the 
host state. In determining whether to grant such authorization, the 
factors to be considered by the board shall include, but not be 
limited to, the following: 
"(i) the impact of allowing such management on the available 
capacity and projected life of the regional facilities; 
"(ii) the availability of a facility appropriate for the disposal 
of the type of waste involved; 
"(iii) the existence of transuranic elements in the waste; and 
"(iv) the economic impact on the regional facilities. 
"(e) Any person who violates subsection (a) or (b) of this article 
shall be liable to the board for a civil penalty not to exceed ten (10) 
times the charges which would have been charged for disposal of the 
waste at a regional facility. 
"(f) Any person who violates subsection (c) or (d) of this article 
shall be liable to the board for a civil penalty not to exceed ten (10) 
times the charges which were charged for management of the waste 
at a regional facility. 
"(g) The civil penalties provided for in subsections (e) and (f) of this 
article may be enforced and collected in any court of general 
jurisdiction within the region where necessary jurisdiction is ob-
tained by an appropriate proceeding commenced on behalf of the 
board by the attorney general of the party state wherein the 
proceeding is brought or by other counsel authorized by the board. 
In any such proceeding, the board, if it prevails, is entitled to 
recover reasonable attorney's fees as part of its costs. 
"(h) Out of any civil penalty collected for a violation of subsection 
(a) or 0)) of this article, the board shall pay to the appropriate 
operator a sum sufficient in the judgment of the board to com-
pensate the operator for any loss of revenue attributable to the 
violation. Such compensation may be subject to state and compact 
surcharges as if received in the normal course of the operator's 
business. The remainder of the civil penalty collected shall be 
allocated by the board. In making such allocation, the board shall 
give first priority to the needs of the long-term care funds in the 
region. 
"(i) Any civil penalty collected for a violation of subsection (c) or 
(d) of this article shall be allocated by the board. In making such 
allocation, the board shsdl give first priority to the needs of the long-
term care funds in the region. 
"(j) Violations of subsection (a), (b), (c), or (d) of this article may be 
enjoined by any court of general jurisdiction within the region 
where necessary jurisdiction is obtained in any appropriate proceed-
ing commenced on behalf of the board by the attorney general of the 
party state wherein the proceeding is brought or by other counsel 
authorized by the board. In any such proceeding, the board, if it 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1909 
prevails, is entitled to recover reasonable attorney's fees as part of 
its costs. 
"(k) No state attorney general shall be required to bring any 
proceeding under any subsection of this article, except upon his 
consent. 
Prohibition. 
"ARTICLE VIIL EUGIBIUTY, ENTRY INTO EFFECT, CONGRESSIONAL 
CONSENT, WITHDRAWAL, EXCLUSION 
Arizona. 
Colorado. 
Nevada. 
New Mexico. 
Utah. 
Wyoming. 
"(a) Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming 
are eligible to become parties to this compact. Any other state may 
be made eligible by unanimous consent of the board. 
"(b) An eligible state may become a party state by legislative 
enactment of this compact or by executive order of its governor 
adopting this compact; provided, however, a state becoming a party 
by executive order shall cease to be a party state upon adjournment 
of the first general session of its legislature convened thereafter, 
unless before such adjournment the legislature shall have enacted 
this compact. 
"(c) This compact shall take effect when it has been enacted by the 
Effective date. 
legislatures of two (2) eligible states. However, subsections (b) and (c) 
of article VII shall not take effect until Congress has by law 
consented to this compact. Every five (5) years after such consent 
has been given. Congress may by law withdraw its consent. 
"(d) A state which has become a party state by legislative enact- Nevada. 
ment may withdraw by legislation repealing its enactment of this 
compact; but no such repeal shall take effect until two (2) years after 
enactment of the repealing legislation. If the withdrawing state is a 
host state, any regional facility in that state shall remain available 
to receive low-level waste generated within the region until five (5) 
years after the effective date of the withdrawal; provided, however, 
this provision shall not apply to the existing facility in Beatty, 
Nevada. 
"(e) A party state may be excluded from this compact by a two-
thirds (%) vote of the members representing the other party states, 
acting in a meeting, on the ground that the state to be excluded has 
failed to carry out its obligation under this compact. Such an 
exclusion may be terminated upon a two-thirds (%) vote of the 
members acting in a meeting. 
"ARTICLE IX. CONSTRUCTION AND SEVERABILITY 
"(a) The provisions of this compact shall be broadly construed to 
carry out the purposes of the compact. 
"(b) Nothing in this compact shall be construed to affect any Prohibition 
judicial proceeding pending on the effective date of this compact. 
"(c) If any part or application of this compact is held invalid, the 
remainder, or its application to other situations or persons, shall not 
be affected.". 
Provisions held 
invalid. 
SEC. 227. NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE 
MANAGEMENT COMPACT. 
In accordance with section 4(aX2) of the Low-Level Radioactive 
Waste Policy Act, the consent of the C!ongress is hereby given to the 
States of Connecticut, New Jersey, Delaware, and Maryland to enter 
into the Northeast Interstate Low-Level Radioactive Waste Manage-
ment Ck}mpact. Such compact is substantially as follows: 
42 u s e 2021d 
note. 
Connecticut. 
New Jersey. 
Delaware. 
Maryland. 
42 u s e 2021d. 
99 STAT. 1910 
PUBLIC LAW 99-240—JAN. 15, 1986 
Research and 
development. 
42 use 2021b 
note. 
Health. 
Safety. 
"ARTICLE L POUCY AND PURPOSE 
"There is hereby created the Northeast Interstate Low-Level 
Radioactive Waste Management Compact. The party states recog-
nize that the Congress has declared that each state is responsible for 
providing for the availability of capacity, either within or outside its 
borders, for disposal of low-level radioactive waste generated within 
its borders, except for waste generated as a result of atomic energy 
defense activities of the federal government, as defined in the Low-
Level Radioactive Waste Policy Act (P.L. 96-573, 'The Act'), or 
federal research and development activities. They also recognize 
that the management of low-level radioactive waste is handled most 
efficiently on a regional basis. The party states further recognize 
that the Congress of the United States, by enacting the Act has 
provided for and encouraged the development of regional low-level 
radioactive waste compacts to manage such waste. The party states 
recognize that the long-term, safe and efficient management of low-
level radioactive waste generated within the region requires that 
sufficient capacity to manage such waste be properly provided. 
"In order to promote the health and safety of the region, it is the 
policy of the party states to: enter into a regional low-level radio-
active waste management compact as a means of facilitating an 
interstate cooperative effort, provide for proper transportation of 
low-level waste generated in the region, minimize the number of 
facilities required to effectively and efficiently manage low-level 
radioactive wsiste generated in the region, encourage the reduction 
of the amounts of low-level waste generated in the region, distribute 
the costs, benefits, and obligations of proper low-level radioactive 
waste management equitably among the party states, and ensure 
the environmentfdly sound and economical management of low-level 
radioactive waste. 
"ARTICLE II. DEFINITIONS 
"As used in this compact, unless the context clearly requires a 
different construction: 
"a. 'commission' means the Northeast Interstate Low-Level 
Radioactive Waste Commission established pursuant to Article 
IV of this compact; 
"b. 'custodial agency' means the agency of the government 
designated to act on behalf of the government owner of the 
regional facility; 
c. 'disposal' means the isolation of low-level radioactive 
waste from the biosphere inhabited by man and his food chains; 
"d. 'facility' means a parcel of land, together with the struc-
tures, equipment and improvements thereon or appurtenant 
thereto, which is used or is being developed for the treatment, 
storage or disposal of low-level waste, but shall not include on-
site treatment or storage by a generator; 
"e. 'generator' means a person who produces or processes low-
level waste, but does not include persons who only provide a 
service by arranging for the collection, transportation, treat-
ment, storage or disposal of wastes generated outside the region; 
"f. 'high-level waste' means 1) the highly radioactive material 
resulting from the reprocessing of spent nuclear fuel, including 
liquid waste produced directly in reprocessing and any solid 
material derived from such liquid waste that contains fission 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1911 
products in sufficient concentration; and 2) any other highly 
radioactive material determined by the federal government as 
requiring permanent isolation; 
"g. 'host state' means a party state in which a regional facility 
is located or being developed; 
"h. 'institutional control' means the continued observation, 
monitoring, and care of the regional facility following transfer 
of control of the regional facility from the operator to the 
custodial agency; 
"i. 'low-level waste' means radioactive waste that 1) is neither 
high-level waste nor transuranic waste, nor spent nuclear fuel, 
nor by-product material as defined in section lie (2) of the 
Atomic Energy Act of 1954 as amended; and 2) is classified by 
the federal government as low-level w£iste, consistent with exist-
ing law; but does not include waste generated as a result of 
atomic energy defense activities of the federal government, as 
defined in P.L. 96-573, or federal research and development 
activities; 
"j. 'party state' means any state which is a signatory party in 
good standing to this compact; 
"k. 'persoir means an individual, corporation, business enter-
prise or other legal entity, either public or private and their 
legal successors; 
"1. 'post-closure observation and maintenance' means the 
continued monitoring of a closed regional facility to ensure the 
integrity and environmental safety of the site through compli-
ance with applicable licensing and regulatory requirements; 
prevention of unwarranted intrusion, and correction of 
problems; 
"m. 'region' means the entire area of the party states; 
"n. 'regional facility' means a facility as defined in this 
section which has been designated or accepted by the 
Commission; 
"o. 'state' means a state of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin Is-
lands or any other territory subject to the laws of the United 
States; 
'p. 'storage' means the holding of waste for treatment or 
q. 'transuranic waste' means waste material containing 
radionuclides with an atomic number greater than 92 which are 
excluded from shallow land burial by the federal government; 
"r. 'treatment' means any method, technique or process, 
including storage for decay, designed to change the physical, 
chemical or biological characteristics or composition of any 
waste in order to render such waste safer for transport or 
disposal, amenable for recovery, convertible to another usable 
material or reduced in volume; 
"s. 'waste' means low-level radioactive waste as defined in 
this section; 
"t. 'waste management' means the storage, treatment, 
transportation, and disposal, where applicable, of waste. 
"ARTICLE III. RIGHTS AND OBUGATIONS 
"a. There shall be provided within the region one or more regional 
facilities which, together with such other facilities as may be made 
26 : QL. 3 
Part 2 
99 STAT. 1912 
PUBLIC LAW 99-240—JAN. 15, 1986 
Prohibition. 
Exports. 
Prohibition. 
Transportation. 
Regulations. 
Prohibition. 
Transportation. 
available to the region, will provide sufficient capacity to manage all 
wastes generated within the region. 
"1. Regional facilities shall be entitled to waste generated 
within the region, unless otherwise provided by the Commis-
sion. To the extent regional facilities are available, no waste 
generated within a party state shall be exported to facilities 
outside the region unless such exportation is approved by the 
Commission and the affected host state(s). 
"2. After January 1, 1986, no person shall deposit at a re-
gional facility waste generated outside the region, and further, 
no regional facility shall accept waste generated outside the 
region, unless approved by the Commission and the affected 
host state(s). 
"b. The rights, responsibilities and obligations of each party state 
to this compact are as follows: 
"1. Each party state shall have the right to have all wastes 
generated within its borders managed at regional facilities, and 
shall have the right of access to facilities made available to the 
region through agreements entered into by the Commission 
pursuant to Article IV(iXll). The right of access by a generator 
within a party state to any regional facility is limited by the 
generator s adherence to applicable state and federal laws and 
regulations and the provisions of this compact. 
"2. To the extent not prohibited by federal law, each party 
state shall institute procedures which will require shipments of 
low-level waste generated within or passing through its borders 
to be consistent with applicable federal packaging and transpor-
tation regulations and applicable host state packaging and 
transportation regulations for management of low-level waste; 
provided, however, that these practices shall not impose un-
reasonable, burdensome impediments to the management of 
low-level waste in the region. Upon notification by a host state 
that a generator, shipper, or carrier within the party state is in 
violation of applicable packaging or transportation regulations, 
the party state shall take appropriate action to ensure that such 
violations do not recur. 
"3, Each party state may impose reasonable fees upon genera-
tors, shippers, or carriers to recover the cost of inspections and 
other practices under this compact. 
"4. Each party state shall encourage generators within its 
borders to minimize the volumes of waste requiring disposal. 
"5. Each party state has the right to rely on the good faith 
performance by every other party state of acts which ensure the 
provision of facilities for regional availability and their use in a 
manner consistent with this compact. 
"6. Each party state shall provide to the Commission any data 
and information necessary for the implementation of the 
Commission's responsibilities, and shall establish the capability 
to obtain any data and information necessary to meet its obliga-
tion as herein defined. 
"7. Each party state shall have the capability to host a 
regional facility in a timely manner and to ensure the post-
closure observation and maintenance, and institutional control 
of any regional facility within its borders. 
"8. No non-host party stete shall be liable for any injury to 
persons or property resulting from the operation of a regional 
facility or the transportation of waste to a regional facility; 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1913 
however, if the host state itself is the operator of the regional 
facility, its liability shall be that of any private operator, 
"c. The rights, responsibilities and obligations of a host state are 
as follows: 
"1. To the extent not prohibited by federal law, a host state 
shall ensure the timely development and the safe operation, 
closure, post-closure observation and maintenance, and institu-
tional control of any regional facility within its borders. 
"2. In accordance with procedures established in Articles V 
and IX, the host state shall provide for the establishment of a 
reasonable structure of fees sufficient to cover all costs related 
to the development, operation, closure, post-closure observation 
and maintenance, and institutional control of a regional facility. 
It may also establish surcharges to cover the regulatory costs, 
incentives, and compensation associated with a regional facility; 
provided, however, that without the express approval of the 
Commission, no distinction in fees or surcharges shall be made 
between persons of the several states party to this compact. 
"3. To the extent not prohibited by federal law, a host state 
may establish requirements and regulations pertaining to the 
management of waste at a regional facility; provided, however, 
that such requirements shall not impose unreasonable impedi-
ments to the management of low-level waste within the region. 
Nor may a host state or a subdivision impose such restrictive 
requirements on the siting or operation of a regional facility 
that, along or as a whole, they serve as unreasonable barriers or 
prohibitions to the siting or operation of such a facility. 
"4. Each host state shall submit to the Commission annually a 
report concerning each operating regional facility within its 
borders. The report shall contain projections of the anticipated 
future capacity and availability of the regional facility, a finan-
cial audit of its operations, and other information as may be 
required by the Commission; and in the case of regional facili-
ties in institutional control or otherwise no longer operating, 
the host states shall furnish such information as may be re-
quired on the facilities still subject to their jurisdiction. 
"5, A host state shall notify the Commission immediately if 
any exigency arises which requires the permanent, temporary, 
or possible closure of any regional facility located therein at a 
time earlier than projected in its most recent annual report to 
the Commission. The Commission may conduct studies, hold 
hearings, or take such other measures to ensure that the actions 
taken are necessary and compatible with the obligations of the 
host state under this compact. 
Prohibition. 
Regulations. 
Prohibition. 
Report. 
Audit. 
Report. 
Studies. 
"ARTICLE IV. THE COMMISSION 
"a. There is hereby created the Northeast Interstate Low-Level 
Radioactive Waste Commission. The Commission shall consist of one 
member from each party state to be appointed by the Governor 
according to procedures of each party state, except that a host state 
shall have two members during the period that it has an operating 
regional facility. The Governor shall notify the Commission in 
writing of the identity of the member and one alternate, who may 
act on behalf of the member only in the member's absence. 
Northeast 
Interstate Low-
Level 
Radioactive 
Waste 
Commission, 
establishment. 
99 STAT. 1914 
PUBLIC LAW 99-240—JAN. 15, 1986 
Prohibition. 
Regulations. 
Contracts. 
Report. 
Report. 
Studies. 
Regulation. 
"b. Each Commission member shall be entitled to one vote. No 
action of the Commission shall be binding unless a majority of the 
total membership cast their vote in the affirmative. 
"c. The Commission shall elect annually from among its members 
a presiding officer and such other officers as it deems appropriate. 
The Commission shall adopt and publish, in convenient form, such 
rules and regulations as are necessary for due process in the 
performance of its duties and powers under this compact. 
"d. The Commission shall meet at least once a year and shall also 
meet upon the call of the presiding officer, or upon the call of a 
party state member. 
"e. All meetings of the Commission shall be open to the public 
with reasonable prior public notice. The Commission may, by major-
ity vote, close a meeting to the public for the purpose of considering 
sensitive personnel or legal matters. All Commission actions and 
decisions shall be made in open meetings and appropriately re-
corded. A roll call vote may be required upon request of any party 
state or the presiding officer. 
"f. The Commission may establish such committees as it deems 
necessary. 
"g. The Commission may appoint, contract for, and compensate 
such limited staff as it determines necessary to carry out its duties 
and functions. The staff shall serve at the Commission's pleasure 
irrespective of the civil service, personnel or other merit laws of any 
of the party states or the federal government and shall be com-
pensated from funds of the Commission. 
"h. The Commission shall adopt an annual budget for its 
operations. 
"i. The Commission shall have the following duties and powers: 
"1. The Commission shall receive and act on the application 
of a non-party state to become an eligible state in accordance 
with Article Vll(e). 
"2. The Commission shall receive and act on the application 
of an eligible state to become a party state in accordance with 
Article VII(b). 
"3. The Commission shall submit an annual report to and 
otherwise communicate with the governors and the presiding 
officer of each body of the legislature of the party states regard-
ing the activities of the Commission. 
"4. Upon request of party states, the Commission shall medi-
ate disputes which arise between the party states regarding this 
compact. 
"5. The Commission shall develop, adopt and maintain a 
regional management plan to ensure safe and effective manage-
ment of waste within the region, pursuant to Article V. 
"6. The Commission may conduct such legislative or adjudica-
tory hearings, and require such reports, studies, evidence and 
testimony as are necessary to perform its duties and functions. 
"7. The Commission shall establish by regulation, after public 
notice and opportunity for comment, such procedural regula-
tions as deemed necessary to ensure efficient operation, the 
orderly gathering of information, and the protection of the 
rights of due process of affected persons. 
"8. In accordance with the procedures and criteria set forth in 
Article V, the Commission shall accept a host state's proposed 
facility as a regional facility. 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1915 
*'9. In accordance with the prcxiedures and criteria set forth in 
Article V, the Commission may designate, by a two-thirds vote, 
host states for the establishment of needed regional facilities. 
The Commission shall not exercise this authority unless the 
Prohibition. 
party states have failed to voluntarily pursue the development 
of such facilities. 
"10. The Commission may require of and obtain from party 
states, eligible states seeking to become party states, and non-
party states seeking to become eligible states, data and 
information necessary for the implementation of Commission 
responsibilities. 
"11. The Commission may enter into agreements with any 
Contracts. 
person, state, regional body, or group of states for the importa- 
Imports. 
tion of waste into the region and for the right of access to 
facilities outside the region for waste generated within the 
region. Such authorization to import requires a two-thirds 
majority vote of the Commission, including an affirmative vote 
of the representatives of the host state in which any affected 
regional facility is located. This shall be done only after the 
Commission and the host state have made an assessment of the 
affected facilities' capability to handle such wastes and of rel-
evant environmental, economic, and public health factors, as 
defined by the appropriate regulatory authorities. 
"12. The Commission may, upon petition, grant an individual Exports. 
generator or group of generators in the region the right to 
export wastes to a facility located outside the region. Such grant 
of right shall be for a period of time and amount of waste and on 
such other terms and conditions as determined by the Commis-
sion and approved by the affected host states. 
"13. The Commission may appear as an intervenor or party in 
interest before any court of law, federal, state or local agency, 
board or commission that has jurisdiction over the management 
of wastes. Such authority to intervene or otherwise appear shall 
be exercised only after a two-thirds vote of the Commission. In Report. 
order to represent its views, the Commission may arrange for 
any expert testimony, reports, evidence or other participation 
as it deems necessary. 
"14. The Commission may impose sanctions, including but not 
limited to, fines, suspension of privileges and revocation of the 
membership of a party state in accordance with Article VII. The 
Commission shall have the authority to revoke, in accordance 
with Article VII(g), the membership of a party state that creates 
unreasonable barriers to the siting of a needed regional facility 
or refuses to accept host state responsibilities upon designation 
by the Commission. 
"15. The Commission shall establish by regulation criteria for Regulation. 
and shall review the fee and surcharge systems in accordance 
with Articles V and IX. 
"16. The Commission shall review the capability of party 
states to ensure the siting, operation, post-closure observation 
and maintenance, and institutional control of any facility 
within its borders. 
"17. The Commission shall review the compact legislation 
every five years prior to federal congressional review provided 
for in the Act, and may recommend legislative action. 
"18. The Commission has the authority to develop and pro- Regulations. 
vide to party states such rules, regulations and guidelines as it 
deems appropriate for the efficient, consistent, fair and reason-
able implementation of the compact. 
99 STAT. 1916 
PUBLIC LAW 99-240—JAN. 15, 1986 
Audit. 
Report. 
Loans. 
Grants. 
Report. 
Prohibitions. 
"j. There is hereby established a Commission operating account. 
The Commission is authorized to expend monies from such account 
for the expenses of any staff and consultants designated under 
section (g) of this Article and for official Commission business. 
Financial support of the Commission account shall be provided as 
follows: 
"1. Each eligible state, upon becoming a party state, shall pay 
$70,000 to the Commission, which shall be used for administra-
tive cost of the Commission. 
"2. The Commission shall impose a 'commission surcharge' 
per unit of waste received at any regional facility as provided in 
Article V. 
"3. Until such time as at least one regional facility is in 
operation and accepting waste for management, or to the extent 
that revenues under paragraphs (1) and (2) of this section are 
unavailable or insufficient to cover the approved annual budget 
of the Commission, each party state shall pay an apportioned 
amount of the difference between the funds available and the 
total budget in accordance with the following formula: 
"(a) 20 percent in equal shares; 
"(b) 30 percent in the proportion that the population of 
the party state bears to the total population of all party 
states, according to the most recent U.S. census; 
"(c) 50 percent in the proportion that the waste generated 
for management in each party state bears to the total waste 
generated for management in the region for the most 
recent calendar year in which reliable data are available, as 
determined by the Commission. 
"k. The Commission shall keep accurate accounts of all receipts 
and disbursements. An independent certified public accountant 
shall annually audit all receipts and disbursements of Commission 
accounts and funds and submit an audit report to the Commission. 
Such audit report shall be made a part of the annual report of the 
Commission required by Article IV(iX3). 
"1. The Commission may accept, receive, utilize and dispose for 
any of its purposes and functions any and all donations, loans, 
grants of money, equipment, supplies, materials and services (condi-
tional or otherwise) 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, loans, or grant 
accepted pursuant to this paragraph, together with the identity of 
the donor, grantor, or lender, shall be detailed in the annual report 
of the Commission. The Commission shall by rule establish guide-
lines for the acceptance of donations, loans, grants of money, equip-
ment, supplies, materials and services. This shall provide that no 
donor, grantor or lender may derive unfair or unreasonable advan-
tage in any proceeding before the Commission. 
"m. The Commission herein established is a body corporate and 
politic, separate and distinct from the party states and shall be so 
liable for its own actions. Liabilities of the Commission shall not be 
deemed liabilities of the party states, nor shall members of the 
Commission be personally liable for action taken by them in their 
official capacity. 
"1. The Commission shall not be responsible for any costs or 
expenses associated with the creation, operation, closure, post-
closure observation and maintenance, and institutional control 
of any regional facility, or any associated regulatory activities of 
the party states. 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1917 
"2. Except as otherwise provided herein, this compact shall 
not be construed to alter the incidence of liability of any kind 
for any act, omission, or course of conduct. Generators, shippers 
and carriers of wastes, and owners and operators of sites shall 
be liable for their acts, omissions, conduct, or relationships in 
accordance with all laws relating thereto. 
"n. The United States district courts in the District of Columbia 
shall have original jurisdiction of all actions brought by or against 
the Commission. Any such action initiated in a state court shall be 
removed to the designated United States district court in the 
manner provided by Act of June 25, 1948 as amended (28 U.S.C. 
§ 1446). This section shall not alter the jurisdiction of the United 
States Court of Appeals for the District of Columbia Circuit to 
review the final administrative decisions of the Commission as set 
forth in the paragraph below. 
"o. The United States Court of Appeals for the District of Colum-
bia Circuit shall have jurisdiction to review the final administrative 
decisions of the Commission. 
"1. Any person aggrieved by a final administrative decision 
may obtain review of the decision by filing a petition for review 
within 60 days after the Commission's final decision. 
"2. In the event that review is sought of the Commission's 
decision relative to the designation of a host state, the Court of 
Appeals shall accord the matter an expedited review, and, if the 
Court does not rule within 90 days after a petition for review 
has been filed, the Commission's decision shall be deemed to be 
affirmed. 
"3. The courts shall not substitute their judgment for that of 
the Commission as to the decisions of policy or weight of the 
evidence on questions of fact. The Court may affirm the decision 
of the Commission or remand the case for further proceedings if 
it finds that the petitioners has been aggrieved because the 
finding, inferences, conclusions or decisions of the Commission 
are: 
"a. in violation of the Constitution of the United States; 
"b. in excess of the authority granted to the Commission 
by this compact; 
"c. made upon unlawful procedure to the detriment of 
any person; 
"d. arbitrary or capricious or characterized by abuse of 
discretion or clearly unwarranted exercise of discretion. 
"4. The Commission shall be deemed to be acting in a legisla-
tive capacity except in those instances where it decides, pursu-
ant to its rules and regulations, that its determinations are 
adjudicatory in nature. 
Courts, U.S. 
District of 
Columbia. 
Prohibition. 
Courts, U.S. 
Prohibition. 
Regulations. 
"ARTICLE V. HOST STATE SELECTION AND DEVELOPMENT AND 
OPERATION OF REGIONAL FACILITIES 
"a. The Commission shall develop, adopt, maintain, and imple-
ment a regional management plan to ensure the safe and efficient 
management of waste within the region. The plan shall include the 
following: 
"1. a current inventory of all generators within the region; 
"2. a current inventory of all facilities within the region, 
including information on the size, capacity, location, specific 
waste being handled, and projected useful life of each facility; 
99 STAT. 1918 
PUBLIC LAW 99-240—JAN. 15, 1986 
Health. 
Safety. 
Health. 
Safety. 
Transportation. 
Studies. 
"3. consistent with considerations for public health and safety 
as defined by appropriate regulatory authorities, a determina-
tion of the type and number of regional facilities which are 
presently necessary and projected to be necessary to manage 
waste generated within the region; 
"4. reference guidelines, as defined by appropriate regulatory 
authorities, for the party states for establishing the criteria and 
procedures to evaluate locations for regional facilities, 
"b. The Commission shall develop and adopt criteria and proce-
dures for reviewing a party state which volunteers to host a regional 
facility within its borders. These criteria shall be developed with 
public notice and shall include the following factors: the capability 
of the volunteering party state to host a regional facility in a timely 
manner and to ensure ite post-closure observation and maintenance, 
and institutional control; and the anticipated economic feasibility of 
the proposed facility. 
' 1. Any party state may volunteer to host a regional facility 
within ite borders. The Commission may set terms and condi-
tions to encourage a party state to volunteer to be the first host 
state. 
"2. Consistent with the review required above, the Commis-
sion shall, upon a two-thirds affirmative vote, designate a vol-
unteering party state to serve as a host state, 
"c. If all regional facilities required by the regional management 
plan are not developed pursuant to section (b), or upon notification 
that an existing facility will be closed, or upon determination that 
an additional regional facility is or may be required, the Commis-
sion shall convene to consider designation of a host state. 
"1. The Commission shall develop and adopt procedures for 
designating a party state to be a host state for a regional 
facility. The Commission shall base ite decision on the following 
criteria: 
"a. the health, safety and welfare of citizens of the party 
states as defined by the appropriate regulatory authorities; 
"b. the environmental, economic, and social effecte of a 
regional facility on the party states; 
The Commission shall also base ite decision on the following 
criteria: 
"c. economic benefite and coste; 
"d. the volumes and types of waste generated within each 
party state; 
"e. the minimization of waste transportation; and 
"f. the existence of regional facilities within the party 
states. 
"2. Following ite established criteria and procedures, the 
Commission shall designate by a two-thirds affirmative vote a 
party state to serve as a host state. A current host state shall 
have the right of first refusal for a succeeding regional facility. 
"3. The Commission shall conduct such hearings and studies, 
and take such evidence and testimony as is required by ite 
approved procedures prior to designating a host state. Public 
hearings shall be held upon request in each candidate host state 
prior to final evaluation and selection. 
"4. A party state which has been designated as a host state by 
the Commission and which fails to fulfill ite obligations as a 
host state may have ite privileges under the compact suspended 
or membership in the compact revoked by the Commission, 
"d. E^ch host state shall be responsible for the timely identifica-
tion of a site and the timely development and operation of a regional 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1919 
facility. The proposed facility shall meet geologic, environmental 
and economic criteria which shall not conflict with applicable fed-
eral and host state laws and regulations. 
"1. To the extent not prohibited by federal law, a host state 
may regulate and license any facility within its borders. 
"2. To the extent not prohibited by Federal law, a host state 
shall ensure the safe operation, closure, post-closure observation 
and maintenance, and institutional control of a facility, includ-
ing adequate financial assurances by the operator and adequate 
emergency response procedures. It shall periodically review and 
Report, 
report to the Commission on the status of the post-closure and 
institutional control funds and the remaining useful life of the 
facility. 
"3. A host state shall solicit comments from each party state 
and the Commission regarding the siting, operation, financial 
assurances, closure, post-closure observation and maintenance, 
and institutional control of a regional facility. 
"e. A host state intending to close a regional facility within its 
borders shall notify the Commission in writing of its intention and 
reasons therefore. 
"1. Except as otherwise provided, such notification shall be 
given to the Commission at least five years prior to the sched-
uled date of closure. 
"2. A host state may close a regional facility within its 
Health, 
borders in the event of an emergency or if a condition exists 
Safety. 
which constitutes a substantial threat to public health and 
safety. A host state shall notify the Commission in writing 
within three days of its action and shall, within 30 working 
days, show justification for the closing. 
3. In the event that a regional facility closes before an 
additional or new facility becomes operational, the Commission 
shall make interim arrangements for the storage or disposal of 
weiste generated within the region until such time that a new 
regional facility is operational. 
"f. Fees and surcharges shall be imposed equitably upon all users 
of a regional facility, based upon criteria established by the 
Commission. 
"1. A host state shall, according to its lawful administrative Regulations, 
procedures, approve fee schedules to be charged to all users of 
the regional facility within its borders. Except as provided 
herein, such fee schedules shall be established by the operator 
of a regional facility, under applicable state regulations, and 
shall be reasonable and sufficient to cover all costs related to 
the development, operation, closure, post-closure observation 
and maintenance, institutional control of the regional facility. 
The host state shall determine a schedule for contributions to 
the post-closure observation and maintenance, and institutional 
control funds. Such fee schedules shall not be approved unless 
the Commission has been given reasonable opportunity to 
review and make recommendations on the proposed fee 
schedules. 
"2. A host state may, according to its lawful administrative Regulation. 
procedures, impose a state surcharge per unit of waste received 
at any regional facility within its borders. The state surcharge 
shall be in addition to the fees charged for waste management. 
The surcharge shall be sufficient to cover all reasonable costs 
associated with administration and regulation of the facility. 
The surcharge shall not be established unless the Commission 
has been provided reasonable opportunity to review and make 
99 STAT. 1920 
PUBLIC LAW 99-240—JAN. 15, 1986 
recommendations on the proposed state surcharge. 
"3. The Commission shall impose a commission surcharge per 
unit of waste received at any regional facility. The total monies 
collected shall be adequate to pay the costs and expenses of the 
Commission and shall be remitted to the Commission on a 
timely basis as determined by the Commission. The surcharge 
may be increased or decreased as the Commission deems 
necessary. 
"4. Nothing herein shall be construed to limit the ability of 
the host state, or the political subdivision in which the regional 
facility is situated, to impose surcharges for purposes including, 
but not limited to, host community compensation and host 
community development incentives. Such surcharges shall be 
reasonable and shall not be imposed unless the Commission has 
been provided reasonable opportunity to review and make rec-
ommendations on the proposed surcharge. Such surcharge may 
be recovered through the approved fee and surcharge schedules 
provided for in this section. 
"ARTICLE VI. OTHER LAWS AND REGULATIONS 
Prohibition. 
"a. Nothing in this compact shall be construed to abrogate or limit 
the regulatory responsibility or authority of the U.S. Nuclear Regu-
latory Commission or of an Agreement State under Section 274 of 
42 use 2021. 
the Atomic Energy Act of 1954, as amended. 
"b. The laws or portions of those laws of a pgirty state that are not 
inconsistent with this compact remain in full force. 
Prohibition. 
"c. Nothing in this compact shall make unlawful the continued 
development and operation of any facility already licensed for devel-
opment or operation on the date this compact becomes effective. 
Prohibition. 
"d, No judicial or administrative proceeding pending on the effec-
tive date of the compact shall be affected by the compact. 
Prohibition. 
"e. Except as provided for in Article III(bX2) and (cX3), this 
compact shall not affect the relations between and the respective 
internal responsibilities of the government of a party state and its 
subdivisions. 
Research and 
"f. The generation, treatment, storage, transportation, or disposal 
development. 
of waste generated by the atomic energy defense activities of the 
42 use 2021b 
federal government, as defined in P.L. 96-573, or federal research 
note. 
and development activities are not affected by this compact. 
Taxes. 
"g. To the extent that the rights and powers of any state or 
Transportation. 
political subdivision to license and regulate any facility within its 
borders and to impose taxes, fees, and surcharges on the waste 
managed at that regional facility do not operate as an unreasonable 
impediment to the transportation, treatment or disposal of weiste, 
such rights and powers shall not be diminished by this compact. 
Prohibition. 
"h. No party State shall enact any law or regulation or attempt to 
enforce any measure which is inconsistent with this compact. Such 
measures may provide the basis for the Commission to suspend or 
terminate a party state's membership and privileges under this 
compact. 
"i. All laws and regulations, or parts thereof of any party state or 
subdivision or instrumentality thereof which are inconsistent with 
this compact are hereby repealed and declared null and void. Any 
legal right, obligation, violation or penalty arising under such laws 
or regulations prior to the enactment of this compact, or not in 
conflict with it, shall not be affected. 
Prohibition. 
"j. Subject to Article III(cX2), no law or regulation of a party state 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1921 
or subdivision or instrumentality thereof may be applied so as to 
restrict or make more costly or inconvenient access to any regional 
facility by the generators of another party state than for the genera-
tors of the state where the facility is situated. 
"k. No law, ordinance, or regulation of any party state or any 
subdivision or instrumentality thereof shall prohibit, suspend, or 
unreasonably delay, limit or restrict the operation of a siting or 
licensing agency in the designation, siting, or licensing of a regional 
facility. Any such provision in existence at the time of ratification of 
this compact is hereby repealed. 
"ARTICLE V I L ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION, ENTRY 
INTO FORCE, TERMINATION 
"a. The initially eligible parties to this compact shall be the eleven 
states of Connecticut, Delaware, Maine, Maryland, Massachusetts, 
New Hampshire, New Jersey, New York, Pennsylvania, Rhode 
Island, and Vermont. Initial eligibility will expire June 30, 1984. 
"b. Each state eligible to become a party state to this compact 
shall be declared a party state upon enactment of this compact into 
law by the state, repeal of all statutes or statutory provisions that 
pose unreEisonable impediments to the capability of the state to host 
a regional facility in a timely manner, and upon payment of the fees 
required by Article IV(j)(l). An eligible state may become a party to 
this compact by an executive order by the governor of the state and 
upon payment of the fees required by Article IV(j)(l). However, any 
state which becomes a party state by executive order shall cease to 
be a party state upon the final adjournment of the next general or 
regular session of its legislature, unless this compact has by then 
been enacted as a statute by the state and all statutes and statutory 
provisions that conflict with the compact have been repealed. 
"c. The compact shall become effective in a party state upon 
enactment by that state. It shall not become initially effective in the 
region until enacted into law by three party states and consent 
given to it by the Congress. 
"d. The first three states eligible to become party states to this 
compact which adopt this compact into law as required in Article 
VII(b) shall immediately, upon the appointment of their Commission 
members, constitute themselves as the Northeast Interstate Low-
Level Radioactive Waste Commission. They shall cause legislation to 
be introduced in the Congress which grants the consent of the 
Congress to this compact, and shall do those things necessary to 
organize the Commission and implement the provisions of this 
compact. 
"1. The Commission shall be the judge of the qualifications of 
the party states and of its members and of their compliance 
with the conditions and requirements of this compact and of the 
laws of the party states relating to the enactment of this 
compact. 
"2. All succeeding states eligible to become party states to this 
compact shall be declared party states pursuant to the provi-
sions of section (h) of this Article, 
"e. Any state not expressly declared eligible to become a party 
state to this compact in section (a) of this Article may petition the 
Commission to be declared eligible. The Commission may establish 
such conditions as it deems necessary and appropriate to be met by a 
state requesting eligibility as a party state to this compact pursuant 
to the provisions of this section, including a public hearing on the 
Prohibition. 
Connecticut. 
Delaware. 
Maine. 
Maryland. 
Massachusetts. 
New Hampshire. 
New Jersey. 
New York. 
Pennsylvania. 
Rhode Island. 
Vermont. 
Effective date. 
99 STAT. 1922 
PUBLIC LAW 99-240—JAN. 15, 1986 
application. Upon satisfactorily meeting such conditions and upon 
the affirmative vote of two-thirds of the Commission, including the 
affirmative vote of the representatives of the host states in which 
any affected regional facility is located, the petitioning state shall be 
eligible to become a party state to this compact and may become a 
party state in the same manner as those states declared eligible in 
section (a) of this Article. 
Prohibition. 
"f. No state holding membership in any other regional compact 
for the management of low-level radioactive waste may become a 
member of this compact. 
"g. Any party state which fails to comply with the provisions of 
this compact or to fulfill its obligations hereunder may have its 
privileges suspended or, upon a two-thirds vote of the Commission, 
after full opportunity for hearing and comment, have its member-
ship in the compact revoked. Revocation shall take effect one year 
from the date the affected party state receives written notice from 
the Commission of its action. All legal rights of the affected party 
state established under this compact shall cease upon the effective 
date of revocation, except that any legal obligations of that party 
state arising prior to revocation will not cease until they have been 
fulfilled. As soon as practicable after a Commission decision 
suspending or revoking party state status, the Commission shall 
provide written notice of the action and a copy of the resolution to 
the governors and the presiding officer of each body of the state 
legislatures of the party states, and to chairmen of the appropriate 
committees of the Congress. 
"h. Any party state may withdraw from this compact by repealing 
its authorization legislation, and all legal rights under this compact 
of the party state cease upon repeal. However, no such withdrawal 
shall take effect until five years after the Grovernor of the withdraw-
ing state has given notice in writing of such withdrawal to the 
Commission and to the governor of each party state. No withdrawal 
shall affect any liability already incurred by or chargeable to a 
party state prior to that time. 
"1. Upon receipt of the notification, the Commission shall, as 
soon £is practicable, provide copies to the governors and the 
presiding officer of each body of the state legislatures of the 
party states, and to the chairmen of the appropriate committees 
of the Congress. 
"2. A regional facility in a withdrawing state shall remain 
available to the region for five years after the date the Commis-
sion receives written notification of the intent to withdraw or 
until the prescheduled date of closure, whichever occurs first, 
"i. This compact may be terminated only by the afilrmative action 
of the Congress or by the repeal of all laws enacting the compact in 
each party state. The Congress may by law withdraw its consent 
every five years after the compact takes effect. 
"1. The consent given to this compact by the Congress shall 
extend to any future admittance of new party states under 
sections (b) and (e) of this Article. 
"2. The withdrawal of a party state from this compact under 
section (h) or the revocation of a state's membership in this 
compact under section (g) of this Article shall not affect the 
applicability of the compact to the remaining party states. 
"ARTICLE VIII. PENALTIES 
"a. Each party state, consistent with federal and host state regula-
tions and laws, shall enforce penalties against any person not acting 
PUBLIC LAW 99-240—JAN. 15, 1986 
99 STAT. 1923 
as an official of a party state for violation of this compact in the 
party state. Each party state acknowledges that the shipment to a 
host state of waste packaged or transported in violation of applicable 
laws and regulations can result in the imposition of sanctions by the 
host state. These sanctions may include, but are not limited to, 
suspension or revocation of the violator's right of access to the 
facility in the host state. 
"b. Without the express approval of the Commission, it shall be 
unlawful for any person to dispose of any low-level waste within the 
region except at a regional facility; provided, however, that this 
restriction shall not apply to waste which is permitted by applicable 
federal or state regulations to be discarded without regard to its 
radioactivity. 
"c. Unless specifically approved by the Commission and affected 
host state(s) pursuant to Article IV, it shall be a violation of this 
compact for: 1) any person to deposit at a regional facility waste not 
generated within the region; 2) any regional facility to accept waste 
not generated within the region; and 3) any person to export from 
the region waste generated within the region. 
"d. Primary responsibility for enforcing provisions of the law will 
rest with the affected state or states. The Commission, upon a two-
thirds vote of its members, may bring action to seek enforcement or 
appropriate remedies against violators of the provisions and regula-
tions for this compact as provided for in Article IV. 
Regulations. 
"ARTICLE IX. COMPENSATION PROVISIONS 
"a. The responsibility for ensuring compensation and clean-up 
during the operational and post-closure periods rests with the host 
state, as set forth herein. 
"1. The host state shall ensure the availability of funds and 
procedures for compensation of injured persons, including facil-
ity employees, and property damage (except any possible claims 
for diminution of property values) due to the existence and 
operation of a regional facility, and for clean-up and restoration 
of the facility and surrounding areas. 
"2. The state may satisfy this obligation by requiring bonds, 
insurance, compensation funds, or any other means or combina-
tion of means, imposed either on the facility operator or as-
sumed by the state itself, or both. Nothing in this article alters Prohibition. 
the liability of any person or governmental entity under ap-
plicable state and federal laws, 
"b. The Commission shall provide a means of compensation for 
persons injured or property damaged during the institutional con-
trol period due to the radioactive and waste management nature of 
the regional facility. This responsibility may be met by a special 
fund, insurance, or other means. 
"1. The Commission is authorized, at its discretion, to impose 
a waste management surcharge, to be collected by the operator 
or owner of the regional facility; to establish a separate insur-
ance entity, formed by but separate from the Commission itself, 
but under such terms and conditions as it decides, and exempt 
from state insurance regulation; to contract with this company 
or other entity for coverage; or to take any other measures, or 
combination of measures, to implement the goals of this section. 
"2. The existence of this fund or other means of compensation 
shall not imply any liability by the Commission, the non-host 
party states, or any of their officials and staff, which are 
Insurance. 
Contracts. 
Regulation. 
99 STAT. 1924 
PUBLIC LAW 99-240—JAN. 15, 1986 
exempted from liability by other provisions of this compact. 
Claims or suits fdf compensation shall be directed against the 
fund, the insurance company, or other entity, unless the 
Commission, by regulation, directs otherwise, 
"c. Not withstaiicjing any other provisions, the Commission fund, 
insurance, or other means of compensation shall also be available 
for third party relief during the operational and post-closure peri-
ods, as the Commission may direct, but only to the extent that no 
other funds, insurance, tort compensation, or other means are avail-
able from the host state or other entities, under section a. of this 
Article or otherwise; provided, that this Commission contribution 
shall not apply to clean-up or restoration of the regional facility and 
its environs during the operational and post-closure period. 
"d. The liability of the Commission's fund, insurance entity, or 
any other means of compensation shall be limited to the amount 
currently contained therein; provided that the Commission may set 
some lower limit to ensure the integrity and availability of the fund 
or other entity for liability. 
"ARTICLE X. SEVERABILITY AND CONSTRUCTION 
Provisions held 
"The provisions of this compact shall be severable, and if any 
invalid. 
phrase, clause, sentence or provision of this compact is declared by a 
federal court of competent jurisdiction to be contrary to the Con-
stitution of the United States or 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 other government, agency, person or circumstance 
shall not be affected thereby. The provisions of this compact shall be 
liberally construed to give effect to the purposes thereof.". 
Approved January 15, 1986. 
LEGISLATIVE HISTORY—H.R. 1083 (S. 1517) (S. 1518): 
HOUSE REPORT No. 99-314, Pt. I (Comm. on Interior and Insular Affairs) and Pt. II 
(Comm. on Energy and Commerce). 
CONGRESSIONAL RECORD, Vol. 131 (1985): 
Dec. 9, considered and passed House; considered and passed Senate, amended. 
Dec. 19, House concurred in Senate amendments with amendment. Senate 
concurred in House amendment.