Appalachian States Low-Level Radioactive Waste Compact Consent Act
PL 100-319 (H.R.3025), enacted 05/19/1988

PUBLIC LAW 100-319—MAY 19, 1988 
102 STAT. 471 
Public Law 100-319 
100th Congress 
An Act 
To grant the consent of the Congress to the Appalachian States Low-Level Radioactive 
Waste Compact. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Appalachian States Low-Level 
Radioactive Waste Compact Consent Act". 
SEC. 2. CONGRESSIONAL FINDING. 
The Congress finds that the compact set forth in section 5 is in 
furtherance of the Low-Level Radioactive Waste Policy Act. 
SEC. 3. CONDITIONS OF CONSENT TO COMPACT. 
The consent of the Congress to the compact set forth in section 5— 
(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, and 
(3) is granted only for so long as the Appalachian States Low-
Level Radioactive Waste Commission, advisory committees, and 
regional boards established in the compact comply with all the 
provisions of such Act. 
SEC. 4. CONGRESSIONAL REVIEW. 
The Congress may alter, amend, or repeal this Act with respect to 
the compact set forth in section 5 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 for in such compact. 
SEC. 5. APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COM-
PACT. 
In accordance with section 4(aX2) of the Low-Level Radioactive 
Waste Policy Act (42 U.S.C. 2021d(A)(2)), the consent of Congress is 
f
iven to the States of Pennsylvania, West Virginia, and any eligible 
tates as defined in Article 5(A) of the Appalachian States Low-
Level Radioactive Waste Compact to enter into such compact. Such 
compact is substantially as follows: 
"APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE 
COMPACT 
"Preamble 
"Whereas, The United States Congress, by enacting the Low-Level 
Radioactive Waste Policy Act (42 U.S.C. §§ 2021b-2021d) has encour-
aged the use of interstate compacts to provide for the establishment 
and operation of facilities for regional management of low-level 
radioactive waste; 
May 19, 1988 
[H.R. 3025] 
Appalachian 
States 
Low-Level 
Radioactive 
Waste Compact 
Consent Act. 
42USC2021d 
note. 
42 use 2021d 
note. 
42 use 2021d 
note. 
42 use 2021d 
note. 
State listing. 
42 u s e 2021d 
note. 
102 STAT. 472 
PUBLIC LAW 100-319—MAY 19, 1988 
"Whereas, Under section 4(aXlXA) of the Low-Level Radioactive 
Waste Policy Act (42 U.S.C. § 2021d(aXlXA)), each state is respon-
sible for providing for the capacity for disposal of low-level radio-
active waste generated within its borders; 
Safety. 
"Whereas, To promote the health, safety and welfare of residents 
within, the Commonwealth of Pennsylvania and other eligible states 
as defined in Article 5(A) of this compact shall enter into a compact 
for the regional management and disposal of low-level radioactive 
waste. 
"Now, therefore, the Commonwealth of Pennsylvania and the 
state of West Virginia and other eligible states hereby agree to enter 
into the Appalachian States Low-Level Radioactive Waste Compact. 
"Article I 
"Definitions 
"As used in this compact, unless the context clearly indicates 
otherwise: 
"(a) 'Broker' means any intermediate person who handles, treats, 
processes, stores, packages, ships or otherwise has responsibility for 
or possesses low-level waste obtained from a generator. 
"(b) 'Carrier' means a person who transports low-level waste to a 
regional facility. 
"(c) 'Commission' means the Appalachian States Low-Level Radio-
active Waste Commission. 
"(d) 'Disposal' means the isolation of low-level waste from the 
biosphere. 
"(e) 'Facility' means any real or personal property within the 
region, and improvements thereof or thereon, and any and all plant 
structures, machinery and equipment acquired, constructed, oper-
ated or maintained for the management or disposal of low-level 
waste. 
"(f) 'Generate' means to produce low-level waste requiring dis-
posal. 
"(g) 'Generator' means a person whose activity results in the 
production of low-level waste requiring disposal. 
"(h) 'Hazardous life' means the time required for radioactive 
materials to decay to safe levels, as defined by the time period for 
the concentration of radioactive materials within a given container 
or package to decay to maximum permissible concentrations as 
defined by Federal law or by standards to be set by a host state, 
whichever is more restrictive. 
"(i) 'Host state' means Pennsylvania or other party state so 
designated by the Commission in accordance with Article 3 of this 
compact. 
"(j) 'Institutional control period' means the time of the continued 
observation, monitoring and care of the regional facility following 
transfer of control from the operator to the custodial agency. 
"(k) 'Low-level waste' means radioactive waste that: 
"(1) is neither high-level waste or transuranic waste, nor 
spent nuclear fuel, nor by-product material as defined in Sec-
tion 11(e)(2) of the Atomic Energy Act of 1954 as amended; and 
"(2) is classified by the Federal Government as low-level 
waste, consistent with existing law; but does not include waste 
generated as a result of atomic energy defense activities of the 
PUBLIC LAW 100-319—MAY 19, 1988 
102 STAT. 473 
Federal Government, as defined in Public Law 96-573, or Fed-
eral research and development activities. 
"(1) 'Management' means the reduction, collection, consolidation, 
storage, packaging or treatment of low-level waste. 
"(m) 'Operator' means a person who operates a regional facility. 
"(n) 'Party state' means any state that has become a party in 
accordance with Article 5 of this compact. 
"(o) 'Person' means an individual, corporation, partnership or 
other legal entity, whether public or private. 
"(p) 'Region' means the combined geographical area within the 
boundaries of the party states. 
"(q) 'Regional facility' means a facility within any party state 
which has been approved by the Commission for the disposal of low-
level WEiste. 
"(r) 'Shallow land burial' means the disposal of low-level radio-
active waste directly in subsurface trenches without additional 
confinement in engineered structures or by proper packaging in 
containers as determined by the law of the host state. 
"(s) 'Transuranic waste' means low-level waste containing 
radionuclides with an atomic number greater than 92 which are 
excluded from shallow-land burial by the Federal Government. 
"(A) Creation and Organization. 
Establishment. 
"(1) Creation—There is hereby created the Appalachian States 
Low-Level Radioactive Waste Commission. The Commission is 
hereby created as a body corporate and politic, with succession for 
the duration of this compact, as an agency and instrumentality of 
the governments of the respective signatory parties, but separate 
and distinct from the respective signatory party states. The Commis-
sion shall have central offices located in Pennsylvania. 
"(2) Commission Membership—The Commission shall consist of 
two voting members from each party state to be appointed according 
to the laws of each party state and two additioncd voting members 
from each host state to be appointed according to the laws of each 
host state. Upon selection of the site of the regional facility, an 
additional voting member shall be appointed to the Commission who 
shall be a resident of the county or municipality where the facility is 
to be located. The appointing authority of each party state shall 
notify the Commission in writing of the identities of the members 
and of any alternates. An alternate may vote and act in the mem-
ber's absence. No member shall have a financial interest in any 
industry which generates low-level radioactive waste, any low-level 
radioactive waste regional facility or any related industry for the 
duration of the member's term. No more than one-half the members 
and alternates from any party state shall have been employed by or 
be employed by a low-level wsiste generator or related industry upon 
appointment to or during their tenure of office; provided, tnat no 
member shall have been employed by or be employed by a regional 
facility operator. No member or alternate from any party state shall 
accept employment from any regional facility operator or brokers 
for at least three years after leaving office. 
"(3) Compensation—Members of the Commission and alternates 
shall serve without compensation from the Commission but may be 
reimbursed for necessary expenses incurred in and incident to the 
performance of their duties. 
"(4) Voting Power—Each Commission member is entitled to one 
vote. Unless otherwise provided in this compact, affirmative votes 
by a majority of a host state's members are necessary for the 
102 STAT. 474 
PUBLIC LAW 100-319—MAY 19, 1988 
Public 
information. 
Records. 
Public 
information. 
Commission to take any action related to the regional facility and 
the disposal and management of low-level waste within that host 
state. 
"(5) Organization and Procedure— 
"(a) The Commission shall provide for its own organization and 
procedures and shall adopt by-laws not inconsistent with this com-
pact and any rules and regulations necessary to implement this 
compact. It shall meet at least once a year in the county selected to 
host a regional facility and shall elect a chairman and vice chair-
man from among its members. In the absence of the chairman, the 
vice chairman shall serve. 
"(b) All meetings of the Commission shall be open to the public 
with at least 14 days' advance notice, except that the chairman may 
convene an emergency meeting with less advance notice. Each 
municipality and county selected to host a regional facility shall be 
specifically notified in advance- of all Commission meetings. All 
meetings of the Commission shall be conducted in a manner that 
substantially conforms to the Administrative Procedure Act (5 
U.S.C. Ch. 5, Subch. II, and Ch. 7). The Commission may, by a two-
thirds vote, including approval of a majority of each host state's 
Commission members, hold an Executive Session closed to the public 
for the purpose of: considering or discussing legally privileged or 
proprietary information; to consider dismissal, disciplining of or 
hearing complaints or charges brought against an employee or other 
public agent unless such person requests such public hearing; or to 
consult with its attorney regarding information or strategy in 
connection with specific litigation. The reason for the Executive 
Session must be announced at least 14 days prior to the Executive 
Session, except that the chairman may convene an emergency 
meeting with less advance notice, in which case the reason for the 
Executive Session must be announced at the open meeting imme-
diately subsequent to the Executive Session. AH action taken in 
violation of this open meeting provision shall be null £uid void. 
"(c) Detailed written minutes shall be kept of all meetings of the 
Commission. All decisions, files, records and data of the Commission, 
except for information privileged against introduction in judicial 
proceedings, personnel records and minutes of a properly convened 
Executive Session, shall be open to public inspection subject to a 
procedure that substantially conforms to the Freedom of Informa-
tion Act (Public Law 89-554, 5 U.S.C. § 552) and applicable Penn-
sylvania law and may be copied upon request and payment of fees 
which shall be no higher than necessary to recover copying costs. 
"(d) The Commission shall select an appropriate staff, including 
an Executive Director, to carry out the duties and functions assigned 
by the Commission. Notwithstanding any other provision of law, the 
Commission may hire and/or retain its own legal counsel. 
"(e) 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 decisions. 
"(f) Liabilities of the Commission shall not be deemed liabilities of 
the party states. Members of the Commission shall not be personally 
liable for actions taken in their official capacity. 
"(B) Powers and Duties. 
"The Commission: 
PUBLIC LAW 100-319—MAY 19, 1988 
102 STAT. 475 
"(a) Shall conduct research and establish regulations to pro-
mote a reasonable reduction of volume and curie content of low-
level wastes generated in the region. The regulations shall be 
reviewed and, if necessary, revised by the Commission at least 
annually. 
"(b) Shall ensure, to the extent authorized by Federal law, 
that low-level wastes are safely disposed of within the region 
except that the Commission shall have no power or authority to 
license, regulate or otherwise develop a regional facility, such 
powers and authority being reserved for the host state(s) as 
permitted under the law. 
"(c) Shall designate as 'host states' any party state which 
generates 25 percent or more of Pennsylvania's volume or total 
curie content of low-level waste generated based on a compari-
son of averages over three successive years, as determined by 
the Commission. This determination shall be based on volume 
or total curie content, whichever is greater. 
"(d) Shall ensure, to the extent authorized by Federal law, 
that low-level waste packages brought into the regional facility 
for disposal conform to applicable state and Federal regulations. 
Low-level waste brokers or generators who violate these regula-
tions will be subject to a fine or other penalty imposed by the 
Commission, including restricted access to a regional facility. 
The Commission may impose such fines and/or penalties in 
addition to any other penalty levied by the party states pursu-
ant to Article 4(D). 
"(e) Shall establish such advisory committees as it deems 
necessary for the purpose of advising the Commission on mat-
ters pertaining to the management and disposal of low-level 
waste. 
"(f) May contract to accomplish its duties and effectuate its 
powers subject to projected available resources. No contract 
made by the Commission shall bind a party state. 
"(g) Shall prepare contingency plans for management and 
disposal of low-level waste in the event any regional facility 
should be closed or otherwise unavailable. 
"(h) Shall examine all records of operators of regional facili-
ties pertaining to operating costs, profits or the £issessment or 
collection of any charge, fee or surcharge and may make rec-
ommendations to the host state(s) which shall review the rec-
ommendations in accordance with its (their) own sovereign 
laws. 
"(i) Shall have the power to sue and be sued subject to Article 
2(AX5)(e) and may seek to intervene in any administrative or 
judicial proceeding. 
"(j) Shall assemble and make available, to the party states 
and to the public, information concerning low-level waste 
management and disposal needs, technologies, and problems. 
"(k) Shall keep current and annual inventories of all genera-
tors by name and quantity of low-level waste generated within 
the region, based upon information provided by the party states. 
Inventory information shall include both volume in cubic feet 
and total curie content of the low-level waste and all available 
information on chemical composition and toxicity of such 
wastes. 
"(1) Shall keep an inventory of all regional facilities and 
specialized facilities, including, but not necessarily restricted to, 
Research and 
development. 
Regulations. 
Contracts. 
Records. 
Records. 
Records. 
1Q_1QA n 
Q1—Part 1-
102 STAT. 476 
PUBLIC LAW 100-319—MAY 19, 1988 
Reports. 
Contracts. 
Regulations. 
information on their size, capacity and location, as well as 
specific wastes capable of being managed, and the projected 
useful life of each regional facility. 
"(m) Shall make and publish an annual report to the gov-
ernors of the signatory party states and to the public detailing 
its programs, operations and finances, including copies of the 
annual budget and the independent audit required by this 
compact. 
"(n) Notwithstanding any other provision of this compact to 
the contrary, may, with the unanimous approval of the Commis-
sion members of the host state(s), enter into temporary agree-
ments with non-party states or other regional boards for the 
emergency disposal of low-level waste at the regional facility, if 
so authorized by law(s) of the host state(s), or other disposal 
facilities located in states that are not parties to this agreement. 
"(o) Shall promulgate regulations, pursuant to host state law, 
to specifically govern and define exactly what would constitute 
an emergency situation and exactly what restrictions and 
limitations would be placed on temporary agreements. 
"(p) Shall not accept any donations, grants, equipment, sup-
plies, materials or services, conditional or otherwise, from any 
source, except from any Federal agency and from party states 
which are certified £is being legal and proper under the laws of 
the donating party state. 
"(C) Budget and Operation. 
"(1) Fiscal Year—The Commission shall establish a fiscal year 
which conforms to the fiscal year of the Commonwealth of Penn-
sylvania. 
"(2) Current Expense Budget—Upon legislative enactment of this 
compact by two party states and each year until the regional facility 
becomes available, the Commission shall adopt a current expense 
budget for its fiscal year. The budget shall include the Commission's 
estimated expenses for administration. Such expenses shall be allo-
cated to the party states according to the following formula: 
"Each designated initial host state will be allocated costs 
equal to twice the costs of the other party states, but such costs 
will not exceed $200,000. 
"Each remaining party state will be allocated a cost of one 
half the cost of the initial host state, but such costs will not 
exceed $100,000. 
"The party states will include the amounts allocated above in 
their i^pective budgets, subject to such review and approval as 
may be required by their respective budgetary processes. Such 
amounts shall be due and payable to the Commission in quar-
terly installments during the fiscal year. 
"(3) Annual Budget Request—For continued funding of its activi-
ties, the Commission shall submit an annual budget request to each 
party state for funding, based upon the percentage of the region's 
waste generated in each state in the region, as reported in the latest 
available annual inventory required under Article 2(BXk). The 
percentage of waste shall be based on volume of waste or total curie 
content as determined by the Commission. 
"(4) Annual Report to Include Budget—The Commission shall 
prepare and include in the annual report a budget showing antici-
pated receipts and disbursements for the ensuing year. 
"(5) Annual Independent Audit— 
PUBLIC LAW 100-319—MAY 19, 1988 
102 STAT. 477 
"(a) As soon as practicable after the closing of the fiscal year, 
an audit shall be made of the financial accounts of the Commis-
sion. The audit shall be made by qualified certified public 
accountants selected by the Commission, who have no personal 
direct or indirect interest in the financial affairs of the Commis-
sion or any of its officers or employees. The report of audit shall 
be prepared in accordance with accepted accounting practices 
and shall be filed with the chairman and such other officers £is 
the Commission shall direct. Copies of the report shall be 
distributed to each Commission member and shall be made 
available for public distribution. 
"(b) Each signatory party, by its duly authorized officers, shall 
be entitled to examine and audit at any time all of the books, 
documents, records, files and accounts and all other papers, 
things or property of the Commission. The representatives of 
the signatory parties shall have access to all books, documents, 
records, accounts, reports, files and all other papers, things or 
property belonging to or in use by the Commission and nec-
essary to facilitate the audit; and they shall be afforded full 
facilities for verifying transactions with the balances or securi-
ties held by depositaries, fiscal agents and custodians. 
"Article 3 
"Rights, Responsibilities and Obligations of Party States 
"(A) Regional Facilities. 
"There shall be regional facilities sufficient to dispose of the low-
level waste generated within the region. Each regional facility shall 
be capable of disposing of such low-level waste but in the form(s) 
required by regulations or license conditions. Specialized facilities 
for particular types of low-level waste management, reduction or 
treatment may not be developed in any party state unless they are 
in accordance with the laws and regulations of such state and 
applicable Federal laws and regulations. 
(B) Equal Access to Regional Facilities. 
"Each party state shall have equal access as other party states to 
regional facilities located within the region and accepting low-level 
waste, provided, however, that the host state may close the regional 
facility located within its borders when necessary for public health 
and safety. However, a host state shall send notification to the 
Commission in writing within three (3) days of its action and shall, 
within thirty (30) working days, provide in writing the reasons for 
the closing. 
"(C) Initial Host State. 
"Pennsylvania and party states which generated 25 percent or 
more of the volume or curies of low-level waste generated by Penn-
sylvania, based on a comparison of averages over the three years 
1982 through 1984, are designated as "initial host states" and are 
required to develop and host low-level waste sites as regional facili-
ties. The percentage of waste from each state shall be determined by 
cubic foot volume or total curie content, whichever is greater. 
"(D) Exemption From Being Initial Host State. 
"Party states which generate less than 25 percent of the volume 
or curies of low-level waste generated by Pennsylvania, based on a 
comparison of averages over the years 1982 through 1984, shall be 
exempt from initial host state responsibilities. These states shall 
Reports. 
Public 
information. 
Safety. 
102 STAT. 478 
PUBLIC LAW 100-319—MAY 19, 1988 
Safety. 
Environmental 
protection. 
Reports. 
continue to be exempt as long as they generate less than 25 percent 
threshold over successive 3-year periods. Once a state generates an 
average of 25 percent or more of the volume or curies generated by 
Pennsylvania over a successive 3-year period, it shall be designated 
as a "host state" for a 30-year period by the Commission and shall 
immediately initiate development of a regional facility to be oper-
ational within five years. Such host state shall be prepared to accept 
at its regional facility low-level waste at least equal to that gen-
erated in the state. With Commission approval, any party state may 
volunteer to host a regional facility. The percentage of waste from 
each state shall be determined by either a cubic foot volume or total 
curie content, whichever is greater. 
"(E) Useful Life of Regional Facilities. 
"Pennsylvania and other host states are obligated to develop 
regional facilities for the duration of this compact. All regional 
facilities shall be designed for at least a 30-year useful life. At the 
end of the facility's life, normal closure and maintenance procedures 
shall be initiated in accordance with the applicable requirements of 
the host state and the Federal Government. Each host state's obliga-
tion for operating regional facilities shall remain as long as the state 
continues to produce over a 3-year period 25 percent or more of the 
volume or curies of low-level waste generated by Pennsylvania. 
"(F) Duties of Host State. 
"Each host state shall: 
"(a) Cause a regional facility to be sited and developed on a 
timely basis. 
"(b) Ensure by law, consistent with applicable state and Fed-
eral law, the protection and preservation of public health, safety 
and environmental quality in the siting, design, development, 
licensure or other regulation, operation, closure, decommission-
ing, long-term care and the institutional control period of the 
regional facility within the state. To the extent authorized by 
Federal law, a host state may adopt more stringent laws, rules 
or regulations than required by Federal law. 
"(c) Ensure and maintain a manifest system which documents 
all waste-related activities of generators, brokers, carriers and 
related activities of generators, brokers, carriers and operators, 
and establish the chain of custody of waste from its initial 
generation to the end of its hazardous life. Copies of all such 
manifests shall be submitted to the Commission on a timely 
basis. 
"(d) Ensure that charges for disposal of low-level waste at the 
regional facility are sufficient to fully fund the safe disposal and 
perpetual care of the regional facility and that charges are 
assessed without discrimination as to the party state of origin. 
"(e) Submit an annual report to the Commission on the status 
of the regional facility which contains projections of the antici-
pated future capacity. 
"(f) Notify the Commission immediately if any exigency arises 
requiring the possible temporary or permanent closure of a 
regional facility within the state at a time earlier than W£is 
projected in the state's most recent annual report to the 
Commission. 
"(g) Require that the institutional control period of any dis-
posal facility be at least as long as the hazardous life, as defined 
in Article 1(h), of the radioactive materials that are disposed at 
that facility. 
PUBLIC LAW 100-319—MAY 19, 1988 
102 STAT. 479 
"(h) Prohibit the use of any shallow land burial, as defined in 
Article l(r), and develop alternative means for treatment, stor-
age and disposal of low-level waste. 
"(i) Establish by law, to the extent not prohibited by Federal 
law, requirements for financial responsibility, including, but not 
limited to: 
"(i) Requirements for the purchase and maintenance of 
adequate insurance by generators, brokers, carriers and 
operators of the regional facility; 
"(ii) Requirements for the establishment of a long-term 
care fund to be funded by a fee placed on generators to pay 
for preventative or corrective measures of low-level waste 
to the regional facility; and 
"(iii) Any further financial responsibility requirements 
that shall be submitted by generators, brokers, carriers and 
operators as deemed necessary by the host state. 
"(G) Duties of Party State. 
"Each party state: 
"(a) Shall appropriate its portion of the (Commission's initial 
and annual budgets as set out in Article 2(C) (2) and (3). 
"(b) To the extent authorized by Federal law, shall develop 
and enforce procedures requiring low-level waste shipments 
originating within its borders and destined for a regional facil-
ity to conform to volume reduction, packaging and transpor-
tation requirements and regulations as well as any other 
requirements specified by the regional facility. Such procedures 
shall include, but are not limited to: 
"(i) Periodic inspections of packaging and shipping prac-
tices; 
"(ii) Periodic inspections of low-level waste containers 
while in custody of carriers; and 
"(iii) Appropriate enforcement actions with respect to 
violations. 
"(c) To the extent authorized by Federal law, shall, after 
receiving notification from a host state or other person that a 
person in a party state has violated volume reduction, packag-
ing, shipping or transportation requirements or regulations, 
take appropriate action to ensure that violations do not recur. 
Appropriate action shall include, .but is not limited to, the 
requirement that a bond be posted by the violator to pay the 
cost of repackaging at the regional facility and the requirement 
that future shipments be inspected. Appropriate action may 
also include suspension of the violators use of the regional 
facility. Should such suspension be imposed, the suspension 
shall remain in effect until such time as the violator has, to the 
satisfaction of the party state imposing such suspension, com-
plied with the appropriate requirements or regulations upon 
which the suspension was based and has teiken appropriate 
action to ensure that such violation or violations do not recur. 
"(d) Shall maintain a registry of alj generators and quantities 
generated within the state. 
"(H) Liability. 
"In the event of liability arising from the operation of any re-
gional facility and during and after closure of that facility, each 
party state shall share in that liability in an amount equal to that 
state's share of the region's low-level waste disposed of at the 
facility. If such liability arises from negligence, malfeasance or 
Records. 
Claims. 
102 STAT. 480 
PUBLIC LAW 100-319—MAY 19, 1988 
neglect on the part of a host state or any party state, then any other 
host or party state(s) may make any claim allowable under law for 
that negligence, malfeasance or neglect. If such liability arises from 
a particular waste shipment or shipments to, or quantity of waste or 
condition at, the regional facility, then any host or party state may 
make any claim allowable under law for such liability. The percent-
age of w£iste shall be based on volume of waste or total curie 
content. 
"(I) Failure of Party State to Fulfill Obligations. 
"A party state which fails to fulfill its obligations, including 
timely funding of the Commission, may have its privileges under the 
Compact suspended or its membership in the Compact revoked by 
the Commission and be subject to any other legal and equitable 
remedies available to the party states. 
"Article 4 
"Prohibited Acts and Penalties 
"(A) Prohibition. 
"It shall be unlawful for any person to dispose of low-level waste 
within the region except at a regional facility unless authorized by 
the Commission. 
"(B) Waste Disposed of Within Region. 
"After establishment of the regional facility(s), it shall be unlaw-
ful for any person to dispose of any low-level waste within the region 
unless the waste was generated within the region or unless au-
thorized to do so both by the Commission and by law of the host 
state in which said disposal takes place. For the purposes of this 
compact, waste generated within the region excludes radioactive 
material shipped from outside the party states to a waste manage-
ment facility within the region. In determining whether to grant 
such authorization, the factors to be considered by the Commission 
shall include, but not be limited to, the following: 
Safety. 
"(a) The impact on the health, safety and environmental 
E"^°J?™«"*^^ 
quality of the citizens of the party states; 
^™ 
^°"' 
"(b) The impact of importing waste on the available capacity 
and projected life of the regional facility; 
"(c) The availability of a regional facility appropriate for the 
safe disposal of the type of low-level waste involved. 
"(C) Waste Generated Within Region. 
"Any and all low-level waste generated within the region shall be 
disposed of at a regional facility, except for specific cases agreed 
upon by the Commission, with the affirmative votes by a majority 
of the Commission members of the host state(s) affected by the 
decision. 
"(D) Liability. 
"Generators, brokers 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. The party 
states shall impose a fine for any violation in an amount equal to 
the present and future costs associated with correcting any harm 
caused by the violation and shall assess punitive fines or penalties if 
it is deemed necessary. In addition, the host state shall bar any 
person who violates host state or Federal regulations from using the 
regional facility until that person demonstrates to the satisfaction of 
the host state the ability and willingness to comply with the law. 
PUBLIC LAW 100-319—MAY 19,1988 
102 STAT. 481 
"(E) Conflict of Interest. 
"(1) Prohibitions— 
"No commissioner, officer or employee shall: 
"(a) Be financially interested, either directly or in-
directly, in a contract, sale, purchase, lease or transfer of 
real or personal property to which the Commission is a 
party. 
"(b) Solicit or accept money or any other thing of value in 
addition to the expenses paid to him by the Commission for 
services performed within the scope of his official duties. 
"(c) Offer money or an5rthing of value for or in consider-
ation of obtaining an appointment, promotion or privilege 
in his employment with the Commission. 
"(2) Forfeiture of Office or Employment— 
"Any officer or employee who shall willfully violate any of the 
provisions of this section shall forfeit his office or employment. 
"(3) Agreement Void— 
"Any contract or agreement knowingly made in contravention of 
this section is void. 
"(4) Criminal and Civil Sanctions— 
"Officers and employees of the Commission shall be subject, in 
addition to the provisions of this section, to such criminal and civil 
sanctions for misconduct in office as may be imposed by Federal law 
and the law of the signatory state in which such misconduct occurs. 
Emplo3mient 
and 
unemployment. 
Contracts. 
"Article 5 
"Eligibility, Entry Into Effect, Congressional Consent, Withdrawal 
"(A) Eligibility. 
"Only the States of Pennsylvania, West Virginia, Delaware and 
Maryland are eligible to become parties to this compact. 
"(B) Entry into Effect. 
"An eligible state may become a party state by legislative enact-
ment of this compact or by executive order of the governor adopting 
this compact; provided, however, a state becoming a party state by 
executive order shall cease to be a party state upon adjournment of 
the first general session of its legislature convened thereafter, 
unless the legislature shall have enacted this compact before such 
adjournment. 
"(C) (Congressional Consent. 
"This compact shall take effect when it has been enacted by the 
legislatures of Pennsylvania and one or more eligible states. How-
ever, Article 4 (B) and (C) shall not take effect until Congress has 
consented to this compact. Every fifth year after such consent has 
been given. Congress may withdraw consent. 
"(D) Withdrawal. 
"A party state may withdraw from the compact by repealing the 
enactment of this compact, but no such withdrawal shall become 
effective until two years after enactment of the repealing legisla-
tion. If the withdrawing state is a host state, any regional facility in 
that state shall remain available to receive low-level waste gen-
erated within the region until five years after the effective date of 
the withdrawal. 
State listing. 
Effective date. 
102 STAT. 482 
PUBLIC LAW 100-319—MAY 19, 1988 
"Article 6 
"Construction and Severability 
"(A) Construction, 
"The provisions of this compact shall be broadly construed to 
carry out the purposes of the compact, but the sovereign powers of a 
party state shall not unnecessarily be infringed. 
"(B) Severability. 
"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.". 
Approved May 19, 1988. 
LEGISLATIVE HISTORY—H.R. 3025: 
HOUSE REPORTS: No. 100-322, Pt. 1 (C!omm. on Interior and Insular Affairs) 
and Pt. 2 (Comm. on Energy and Commerce). 
SENATE REPORTS: No. 100-285 (Ck)mm. on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 133 (1987): Oct. 13, considered and passed House. 
Vol. 134 (1988): Apr. 28, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988): 
May 19, Presidential statement.