Central Midwest Interstate Low-Level Radioactive Waste Compact Amendments Consent Act of 1994
PL 103-439 (H.R.4814), enacted 11/02/1994

PUBLIC LAW 103-439—NOV. 2, 1994 
108 STAT. 4607 
Public Law 103-439 
103d Congress 
An Act 
To grant the consent of the Congress to amendments to the Central Midwest 
Interstate 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 "Central Midwest Interstate 
Low-Level Radioactive Waste Compact Amendments Consent Act 
of 1994". 
SEC. 2. CONDITIONS OF CONSENT TO COMPACT AMENDMENTS. 
The consent of the Congress to the compact amendments set 
forth in section 3— 
(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 (42 U.S.C. 2021b et seq.); and 
(3) is granted only for so long as the regional commission 
established in the amended compact complies with all of the 
provisions of such Act. 
SEC. 3. CONSENT OF CONGRESS TO COMPACT AMENDMENTS. 
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 Con-
gress is hereby given to amendments made by the States of Illinois 
and Kentucky to the Central Midwest Interstate Low-Level Radio-
active Waste Compact, which compact was consented to by the 
Congress in section 224 of the Omnibus Low-Level Radioactive 
Waste Interstate Compact Consent Act (Public Law 99-240; 42 
U.S.C. 2021 note). The amendments to which such consent is given 
are substantially as follows: 
(1) The 2d undesignated paragraph of article I of the com-
pact is amended to read as follows: 
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 
managing such waste. The party states also recognize that the 
management of low-level radioactive waste is handled most effi-
ciently on a regional basis; and, that the safe and efficient manage-
ment of low-level radioactive waste generated within the region 
requires that sufficient capacity to manage such waste be properly 
provided.". 
Nov. 2, 1994 
[H.R. 4814] 
Central Midwest 
Interstate 
Low-Level 
Radioactive 
Waste Compact 
Amendments 
Consent Act of 
1994. 
Illinois. 
Kentucky. 
Effective date. 
42 u s e 2021d 
note. 
99 Stat. 1880. 
108 STAT. 4608 
PUBLIC LAW 103-439—NOV. 2, 1994 
99 Stat. 1882. 
(2) Section (k) of article II of the compact is amended 
to read as follows: 
"k) 'Low-level radioactive waste' or 'waste' means radioactive 
waste not classified as (1) high-level radioactive waste, (2) trans-
uranic waste, (3) spent nuclear fuel, or (4) by-product material 
as defined in Section lie. (2) of the Atomic Energy Act of 1954. 
This definition shall apply notwithstanding any declaration by the 
federal government, a state or any regulatory agency that any 
radioactive material is exempt from any regulatory control.". 
99 Stat. 1883. 
(3) Section (q) of article II of the compact is amended 
to read as follows: 
"q) 'Regional facility' means any facility as defined in Article 
11(f) that is (1) located within the region, and (2) established by 
a party state pursuant to designation of that state as a host state 
by the Commission.". 
99 Stat. 1883. 
(4) Sections (a) and (b) of article III of the compact are 
amended to read as follows: 
"a) There is created the Central Midwest Interstate Low-Level 
Radioactive Waste Commission. Upon the eligible states becoming 
party states, the Commission shall consist of two voting Commis-
sioners from each state eligible to be designated a host state under 
Article VI(b), one voting Commissioner from any other party state, 
and for each regional facility, one non-voting Commissioner who 
is an elected official of local government and a resident of the 
county where that regional facility is located. The Governor of 
each party state shall notify the Commission in writing of its 
Commissioners and any alternates. 
"b) Each voting Commissioner is entitled to one vote. No action 
of the Commission is binding unless a majority of the voting mem-
bership casts its vote in the affirmative. In addition, no agreement 
by the Commission under Article III(i)(l), Article III(i)(2), or Article 
III(i)(3) is valid unless all voting Commissioners from the party 
state in which the facility where waste would be sent is located 
cast their votes in the affirmative.". 
99 Stat. 1884. 
(5) Sections (d) and (e) of article III of the compact are 
amended to read as follows: 
"d) The Commission shall meet at least once annually and 
shall also meet upon the call of any voting Commissioner. 
"e) All meetings of the Commission and its designated commit-
tees shall be open to the public with reasonable advance notice. 
The Commission may, by majority vote, close a meeting to the 
public for the purpose of considering sensitive personnel or legal 
strategy matters. However, all Commission actions and decisions 
shall be made in open meetings and appropriately recorded. A 
roll call may be required upon request of any voting Commissioner.". 
99 Stat. 1884. 
(6) Section (g) of article III of the compact is amended 
to read as follows: 
"g) The Office of the Commission shall be in Illinois. The 
Commission may appoint or contract for and compensate such staff 
necessary to carry out its duties and functions. The staff shall 
serve at the Commission's pleasure with the exception that staff 
hired as the result of securing federal funds shall be hired and 
governed under applicable federal statutes and regulations. In 
selecting any staff, the Commission shall assure that the staff 
has adequate experience and formal training to carry out the func-
tions assigned to it by the Commission.". 
PUBLIC LAW 103-439—NOV. 2, 1994 
108 STAT. 4609 
(7) Sections (i) and (j) of article III of the compact are 
99 Stat. 1884, 
amended to read as follows: 
^^^^• 
"i) The Commission may: 
"1) Enter into an agreement with any person to allow 
waste from outside the region to be disposed of at facilities 
in the region. However, no such agreement shall be effective 
unless and until ratified by a law enacted by the party state 
to which the waste would be sent for disposal. 
"2) Enter into an agreement with any person to allow 
waste described in Article VII(a)(6) to be treated, stored, or 
disposed of at regional facilities. However, no such agreement 
shall be effective unless and until ratified by a law enacted 
by the host state of the regional facility to which the waste 
would be sent for treatment, storage, or disposal. 
"3) Enter into an agreement with any person to allow 
waste from outside the region to be treated or stored at facilities 
in the region. However, any such agreement shall be revoked 
as a matter of law if, within one year of the effective date 
of the agreement, a law is enacted ordering such revocation 
by the party state to which the waste would be sent for treat-
ment or storage. 
"4) Approve, or enter into an agreement with any person 
for, the export of waste from the region. 
"5) Approve the disposal of waste generated within the 
region at a facility in the region other than a regional facility, 
subject to the limitations of Articles V(f) and VII(a)(6). 
"6) Require that waste generated within the region be 
treated or stored at available regional facilities, subject to the 
limitations of Articles V(f), VII(a)(3) and VII(a)(6). 
"7) Appear as an intervenor or party in interest before 
any court of law or any federal, state or local agency, board 
or commission in any matter related to waste management. 
In order to represent its views, the Commission may arrange 
for any expert testimony, reports, evidence or other participa-
tion. 
"8) Review the emergency closure of a regional facility, 
determine the appropriateness of that closure, and take what-
ever actions are necessary to ensure that the interests of the 
region are protected, provided that a party state with a total 
volume of waste recorded on low-level radioactive waste mani-
fests for any year that is less than 10 percent of the total 
volume recorded on such manifests for the region during the 
same year shall not be designated a host state or be required 
to store the region's waste. In determining the 10 percent 
exclusion, there shall not be included waste recorded on low-
level radioactive waste manifests by a person whose principal 
business is providing a service by arranging for the collection, 
transportation, treatment, storage or disposal of such waste. 
"9) Take any action which is appropriate and necessary 
to perform its duties and functions as provided in this compact. 
"10) Suspend the privileges or revoke the membership of 
a party state, 
"j) The Commission shall: 
"1) Submit within 10 days of its execution to the governor 
and the appropriate officers of the legislative body of the party 
state in which any affected facility is located a copy of any 
108 STAT. 4610 
PUBLIC LAW 103-439—NOV. 2, 1994 
agreement entered into by the Commission under Article 
III(i)( 1), Article III(i)(2) or Article III(i)(3). 
Reports. 
"2) Submit an annual report to, and otherwise communicate 
with, the governors and the appropriate officers of the legisla-
tive bodies of the party states regarding the activities of the 
Commission. The annual report shall include a description of 
the status of the activities taken pursuant to any agreement 
entered into by the Commission under Article III(i)(l), Article 
III(i)(2) or Article III(i)(3) and any violation of any provision 
thereof, and a description of the source, volume, activity, and 
current status of any waste from outside the region or waste 
described under Article VII(a)(6) that was treated, stored, or 
disposed of in the region in the previous year. 
"3) Hear, negotiate, and, as necessary, resolve by final 
decision disputes which may arise between the party states 
regarding this compact. 
"4) Adopt and amend, as appropriate, a regional manage-
ment plan that plans for the establishment of needed regional 
facilities. 
"5) Adopt an annual budget.". 
99 Stat. 1886. 
(8) Sections (o) and (p) of article III of the compact are 
amended to read as follows: 
"o) The Commission is a legal entity separate and distinct 
from the party states and is liable for its actions as a separate 
and distinct legal entity. Commissioners are not personally liable 
for actions taken by them in their official capacity. 
"p) Except as provided under Article Ill(n), Article III(o), Article 
VI(p) and Article VI(q), nothing in this compact alters liability 
for any action, omission, course of conduct or liability resulting 
from any causal or other relationships.". 
99 Stat. 1886, 
(9) Sections (b) and (c) of article V of the compact are 
1887. 
amended to read as follows: 
"b) Other than the provisions of Article V(D and VII(a)(6), 
each party state has the right to have all wastes generated within 
borders managed at regional facilities. This right shall be subject 
to the provisions of this Compact. All party states have an equal 
right of access to any facility outside the region made available 
to the region by any agreement entered into by the Commission 
pursuant to Article III(i)(4). 
"c) Party states or generators may negotiate for the right of 
access to a facility outside the region and may export waste outside 
the region subject to Commission approval under Article III(i)(4).". 
(10) Section (f) of article V of the compact is amended 
to read as follows: 
"0 Waste originating from the Maxey Flats nuclear waste dis-
posal site in Fleming County, Kentucky shall not be shipped to 
any facility in Illinois for storage, treatment or disposal. Disposition 
of these wastes shall be the sole responsibility of the Commonwealth 
of Kentucky and such waste shall not be subject to the provisions 
of Articles K(b)(3) and (4) of this compact.". 
99 Stat. 1887. 
(11) Section (b) of article VI of the compact is amended 
to read as follows: 
"b) If all regional facilities required by the regional management 
plan are not developed pursuant to Article VI(a), or upon notification 
that an existing regional facility will be closed, the Commission 
may designate a party state as a host state. A party state shall 
not be designated as a host state for any regional facility under 
PUBLIC LAW 103-439—NOV. 2, 1994 
108 STAT. 4611 
this Article VI(b) unless that state's total volume of waste recorded 
on low-level radioactive waste manifests for any year is more than 
10% of the total volume recorded on such manifests for the region 
during the same year. In determining the 10% exclusion, there 
shall not be included waste recorded on low-level radioactive waste 
manifests by a person whose principal business is providing a 
service by arranging for the collection, transportation, treatment, 
storage or disposal of such waste, or waste described in Article 
VII(a)(6).". 
(12) Section (c) of article VI of the compact is repealed. 
(13) Section (e) of article VI of the compact is amended 99 Stat. 1887. 
to read as follows: 
"e) Any party state designated as a host state may request 
the Commission to relieve that state of the responsibility to serve 
as a host state. The Commission may relieve a party state of 
this responsibility upon a showing by the requesting party state 
that no feasible potential regional facility site of the type it is 
designated to host exists within its borders or for other good cause 
shown and consistent with the purposes of this Compact.". 
(14) Sections (1) and (m) of article VI of the compact are 
amended to read as follows: 
"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 health and safety of its citizens. However, a host state 
which has an emergency closing of a regional facility shall notify 
the Commission in writing within 3 working days of its action 
and shall, within 30 working days of its action, demonstrate jus-
tification for the closing. 
"m) If a regional facility closes before an additional or new 
facility becomes operational, waste generated within the region 
may be shipped temporarily to any location agreed on by the 
Commission until a regional facility is operational, provided that 
the region's waste shall not be stored in a party state with a 
total volume of waste recorded on low-level radioactive waste mani-
fests for any year which is less than 10% of the total volume 
recorded on the manifests for the region during the same year. 
In determining the 10% exclusion, there shall not be included 
waste recorded on low-level radioactive waste manifests by a person 
whose principal business is providing a service by arranging for 
the collection, transportation, treatment, storage or disposal of such 
waste, or waste described in Article VII(a)(6).". 
(15) Sections (o) through (q) of article VI of the compact 
99Stjit. 1889. 
are amended to read as follows: 
"o) The host state shall create an 'Extended Care and Long-
Term Liability Fund' and shall allocate sufficient fee revenues, 
received pursuant to Article VI(i), to provide for the costs of: 
"1) decommissioning and other procedures required for the 
proper closure of a regional facility; 
"2) monitoring, inspection and other procedures required 
for the proper extended care of a regional facility; 
"3) undertaking any corrective action or clean-up necessary 
to protect human health and the environment from radioactive 
releases from a regional facility; and 
108 STAT. 4612 
PUBLIC LAW 103-439—NOV. 2, 1994 
"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 purchase insurance or to make 
other similar financial protection arrangements consistent with 
the purposes of this Fund; this Article Vl(n) shall in no manner 
limit the financial responsibilities of the site operator under 
Article VI(o), the party states under Article VI(p), or any person 
who sends waste to a regional facility, under Article VI(q). 
"p) The operator of a regional facility shall purchase an amount 
of property and third-party liability insurance deemed appropriate 
by the host state, pay the necessary periodic premiums at all 
times and make periodic payments to the Extended Care and Long-
Term Liability Fund as set forth in Article VI(n) for such amounts 
as the host state reasonably determines is necessary to provide 
for future premiums to continue such insurance coverage, in order 
to pay the costs of compensating any person for medical and other 
expenses incurred from damages to human health, personal injuries 
suffered from damages to human health and damages or losses 
to real or personal property, and accomplishing any necessary 
corrective action or clean-up on real or personal property caused 
by radioactive releases from a regional facility. In the event of 
such costs resulting from radioactive releases from a regional facil-
ity, the host state should, to the maximum extent possible, seek 
to obtain monies from such insurance prior to using monies from 
the Extended Care and Long-Term Liability Fund. 
"q) All party states shall be liable for the cost of extended 
care and long-term liability in excess of monies available from 
the Extended Care and Long-Term Liability Fund, as set forth 
in Article VI(n) and from the property and third-party liability 
insurance as set forth in Article VI(o). A party state may meet 
such liability for costs by levying surcharges upon generators located 
in the party state. The extent of such liability shall be based 
on the proportionate share of the total volume of waste placed 
in the regional facility by generators located in each such party 
state. Such liability shall be joint and several among the party 
states with a right of contribution between the party states. 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 year that is less than 10% of the total volume recorded 
on such manifests for the region during the same year.". 
(16) Sections (d) through (q) of article VI of the compact 
are redesignated as sections (c) through (p), respectively. 
(17) Article VI of the compact is amended by adding at 
the end the following new section: 
"q) Any person who sends waste from outside the region or 
waste described in Article VII(a)(6) for treatment, storage or dis-
posal at a regional facility shall be liable for the cost of extended 
care and long-term liability of that regional facility in excess of 
the monies available from the Extended Care and Long-Term Liabil-
ity Fund as set forth in Article VI(n) and from the property and 
third-party liability insurance as set forth in Article VI(o). The 
extent of the liability for the person shall be based on the propor-' 
PUBLIC LAW 103-439—NOV. 2, 1994 
108 STAT. 4613 
tionate share of the total volume of waste sent by that person 
to the regional facility.". 
(18) Section (a)(6) of article VII of the compact is amended 
99 Stat. 1890. 
to read as follows: 
"6) establishes any right to the treatment, storage or dis-
posal at any facility in the region or provides any authority 
to prohibit export from the region of waste that is owned 
or generated by the United States Department of Energy, owned 
or generated by the United States Navy as a result of the 
decommissioning of vessels of the United States Navy, or owned 
or generated as the result of any research, development, testing 
or production of any atomic weapon; or". 
(19) Section (d) of article VII of the compact is amended • 
to read as follows: 
"d) No person who provides a service by arranging for collection, 
transportation, treatment, storage or disposal of waste from outside 
the region shall be allowed to dispose of any waste, regardless 
of origin, in the region unless specifically permitted under an agree-
ment entered into by the Commission in accordance with the 
requirements of Article III(i)(l).". 
(20) Section (c) of article VIII of the compact is amended 
99 Stat. 1891. 
to read as follows: 
"c) The Commission is formed upon the appointment of the 
Commissioners and the tender of the membership fee payable to 
the Commission by the eligible states. The Governor of Illinois 
shall convene the initial meeting of the Commission. The Commis-
sion 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.". 
(21) Section (e) of article VIII of the compact is amended 
to read as follows: 
"e) This compact becomes effective July 1, 1984, or at any Effective date, 
date subsequent to July 1, 1984, upon enactment by the eligible 
states. However, Article IX(b) shall not take effect until the Con-
gress 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 III(i)(l) and to prohibit exportation of waste generated 
within the region under Article III(i)(4).". 
(22) Section (b) of article IX of the compact is amended 
99 Stat. 1891. 
to read as follows: 
"b) Unless authorized by the Commission pursuant to Article 
Ill(i), or otherwise provided in this compact, after January 1, 1986 
it is a violation of this compact: 
"1) for any person to deposit at a facility in the region 
waste from outside the region; 
"2) for any facility in the region to accept waste from 
outside the region; 
"3) for any person to export from the region waste that 
is generated within the region; 
"4) for any person to dispose of waste at a facility other 
than a regional facility; 
108 STAT. 4614 
PUBLIC LAW 103-439—NOV. 2, 1994 
"5) for any person to deposit at a regional facility waste 
described in Article VII(a)(6); or 
"6) for any regional facility to accept waste described in 
Article VII(a)(6).". 
(23) Article IX of the compact is amended by redesignating 
sections (c) and (d) as sections (d) and (e), respectively, and 
by inserting after section (b) the following new section: 
"c) It is a violation of this compact for any person to treat 
or store waste at a facility other than a regional facility if such 
treatment or storage is prohibited by the Commission under Article 
III(i)(6).". 
Approved November 2, 1994. 
LEGISLATIVE HISTORY—H.R. 4814 (S. 2369): 
HOUSE REPORTS: No. 103-816, Pt. 1 (Comm. on Natural Resources). 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
Oct. 3, considered and passed House. 
Oct. 8, considered and passed Senate.