CHAPTER 1. MIDWEST INTERSTATE COMPACT ON LOW-LEVEL RADIOACTIVE WASTE
IC 13-29
ARTICLE 29. INTERSTATE COMPACTS
IC 13-29-1
Chapter 1. Midwest Interstate Compact on Low-Level Radioactive
Waste
IC 13-29-1-1
Policy and purpose
Sec. 1.
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, as amended by the Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C. 2021b to 42 U.S.C. 2021j), has provided for and encouraged the development of low-level radioactive waste compacts as a tool for disposing of such waste. The party states acknowledge that the Congress declared that each state is responsible for providing 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 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 disposal 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 dispose of such waste be properly provided.
a. It is the policy of the party states to enter into a regional low-level radioactive waste disposal compact for the purpose of:
1. Providing the instrument and framework for a cooperative effort;
2. Providing sufficient facilities for the proper disposal of low-level radioactive waste generated in the region;
3. Protecting the health and safety of the citizens of the region;
4. Limiting the number of facilities required to effectively and efficiently dispose of low-level radioactive waste generated in the region;
5. Encouraging source reduction and the environmentally sound treatment of waste that is generated to minimize the amount of waste to be disposed of;
6. Ensuring that the costs, expenses, liabilities, and obligations of low-level radioactive waste disposal are paid by generators and other persons who use compact facilities to dispose of their waste;
7. Ensuring that the obligations of low-level radioactive waste disposal that are the responsibility of the party states are shared
equitably among them;
8. Ensuring that the party states that comply with the terms of
this compact and fulfill their obligations under it share
equitably in the benefits of the successful disposal of low-level
radioactive waste; and
9. Ensuring the environmentally sound, economical, and secure
disposal 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 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. imposition of sanctions against those found to be in violation
of federal rules, regulations and laws; and
3. timely inspection of their licensees to determine their
compliance with these rules, regulations and laws.
As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.2.
IC 13-29-1-2
Definitions
Sec. 2.
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 closing for the purposes of detecting a need for maintenance, ensuring environmental safety, and determining compliance with applicable licensure and regulatory requirements and including the correction of problems which are detected as a result of that observation.
b. "close", "closed", or "closing" means that the compact facility with respect to which any of those terms is used has ceased to accept waste for disposal. "Permanently closed" means that the compact facility with respect to which the term is used has ceased to accept waste because it has operated for twenty years or a longer period of time as authorized by Article VI(i) of this compact, its capacity has been reached, the Commission has authorized it to close pursuant to Article III(h)(7) of this compact, the host state of such facility has withdrawn from the compact or had its membership revoked, or this compact has been dissolved.
c. "commission" means the Midwest Interstate Low-Level Radioactive Waste Commission.
d. "compact facility" means a waste disposal facility that is located within the region and that is established by a party state pursuant to the designation of that state as a host state by the Commission.
e. "development" includes the characterization of potential sites for a waste disposal facility, siting of such a facility, licensing of such a facility, and other actions taken by a host state prior to the
commencement of construction of such a facility to fulfill its
obligations as a host state.
f. "disposal," with regard to low-level radioactive waste, means
the permanent isolation of that waste in accordance with the
requirements established by the United States Nuclear Regulatory
Commission or the licensing agreement state.
g. "disposal plan" means the plan adopted by the Commission for
the disposal of waste within the region.
h. "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 or has been used for the disposal of low-level
radioactive waste, which is being developed for that purpose, or upon
which the construction of improvements or installation of equipment
is occurring for that purpose.
i. "final decision" means a final action of the Commission
determining the legal rights, duties, or privileges of any person.
"Final decision" does not include preliminary, procedural, or
intermediate actions by the Commission, actions regulating the
internal administration of the Commission, or actions of the
Commission to enter into or refrain from entering into contracts or
agreements with vendors to provide goods or services to the
Commission.
j. "generator" means a person who first produces low-level
radioactive waste, including, without limitation, any person who does
so in the course of or incident to manufacturing, power generation,
processing, waste treatment, waste storage, medical diagnosis and
treatment, research, or other industrial or commercial activity. If the
person who first produced an item or quantity of waste cannot be
identified, "generator" means the person first possessing the waste
who can be identified.
k. "host state" means any state which is designated by the
Commission to host a compact facility or has hosted a compact
facility.
l. "long-term care" means those activities taken by a host state
after a compact facility is permanently closed to ensure the
protection of air, land, and water resources and the health and safety
of all people who may be affected by the facility.
m. "low-level radioactive waste" or "waste" means radioactive
waste that is not classified as high-level radioactive waste and that is
class A, B, or C low-level radioactive waste as defined in 10 CFR
61.55, as that section existed on January 26, 1983. "Low-level
radioactive waste" or "waste" does not include any such radioactive
waste that is owned or generated by the United States Department of
Energy; by the United States Navy as a result of the
decommissioning of its vessels; or as a result of any research,
development, testing, or production of any atomic weapon.
n. "operates", "operational", or "operating" means that the
compact facility with respect to which any of those terms is used
accepts waste for disposal.
o. "party state" means any eligible state that enacts this compact
into law, pays any eligibility fee established by the Commission, and
has not withdrawn from this compact or had its membership in this
compact revoked, provided that a state that has withdrawn from this
compact or had its membership revoked again becomes a party state
if it is readmitted to membership in this compact pursuant to Article
VIII(a) of this compact. "Party state" includes any host state. "Party
state" also includes any statutorily created administrative
departments, agencies, or instrumentalities of a party state, but does
not include municipal corporations, regional or local units of
government, or other political subdivisions of a party state that are
responsible for governmental activities on less than a statewide basis.
p. "person" means any individual, corporation, association,
business enterprise, or other legal entity either public or private and
any legal successor, representative, agent, or agency of that
individual, corporation, association, business enterprise, or other
legal entity. "Person" also includes the United States, states, political
subdivisions of states, and any department, agency, or
instrumentality of the United States or a state.
q. "region" means the area of the party states.
r. "site" means the geographic location of a facility.
s. "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.
t. "storage" means the temporary holding of waste.
u. "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 the waste safer for transport or management,
amenable to recovery, convertible to another usable material or
reduced in volume.
v. "waste management", "manage waste", "management of waste",
"management", or "managed" means the storage, treatment, or
disposal of waste.
As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.3.
IC 13-29-1-3
The commission
Sec. 3.
ARTICLE III. THE COMMISSION
a. There is 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. Except as otherwise specifically provided in this compact, an action of the Commission is binding if a majority of the total membership casts its
vote in the affirmative. A party state may direct its member or
alternate member of the Commission how to vote or not vote on
matters before the Commission.
c. The Commission shall elect annually from among its members
a chairperson. The Commission shall adopt and publish, in
convenient form, bylaws and policies which are not inconsistent with
this compact, including procedures for the use of binding arbitration
under Article VI(o) of this compact and procedures which
substantially conform with the provisions of the Federal
Administrative Procedure Act (5 U.S.C. ss. 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.
d. The Commission shall meet at least once annually and shall
also meet upon the call of the chairperson or any other 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
Commission 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
Commission may appoint or contract for and compensate such
limited staff necessary to carry out its duties and functions. The staff
shall have the responsibilities and authority delegated to it by the
Commission in its bylaws. 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 do any or all of the following:
1. 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.
2. Review any emergency closing of a compact facility,
determine the appropriateness of that closing, and take whatever
lawful actions are necessary to ensure that the interests of the
region are protected.
3. Take any action which is appropriate and necessary to
perform its duties and functions as provided in this compact.
4. Approve the disposal of naturally occurring and accelerator
produced radioactive material at a compact facility. The
Commission shall not approve the acceptance of such material
without first making an explicit determination of the effect of
the new waste stream on the compact facility's maximum
capacity. Such approval requires the affirmative vote of a
majority of the Commission, including the affirmative vote of
the member from the host state of the compact facility that
would accept the material for disposal. Any such host state may,
at any time, rescind its vote granting the approval and,
thereafter, additional naturally occurring and accelerator
produced radioactive material shall not be disposed of at a
compact facility unless the disposal is again approved. All
provisions of this compact apply to the disposal of naturally
occurring and accelerator produced radioactive material that has
been approved for disposal at a compact waste facility pursuant
to Article III(h)(4) of this compact.
5. Enter into contracts in order to perform its duties and
functions as provided in this compact.
6. When approved by the Commission, with the member from
each host state in which an affected compact facility is
operating or being developed or constructed voting in the
affirmative, enter into agreements to do any of the following:
a. Import for disposal within the region, waste generated
outside the region.
b. Export for disposal outside the region, waste generated
inside the region.
c. Dispose of waste generated within the region at a facility
within the region that is not a compact facility.
7. Authorize a host state to permanently close a compact facility
located within its borders earlier than otherwise would be
required by Article VI(i) of this compact. Such a closing
requires the affirmative vote of a majority of the Commission,
including the affirmative vote of the member from the state in
which the affected compact facility is located.
i. The Commission shall do all of the following:
1. Submit an annual report to, and otherwise communicate with,
the governors and the appropriate officers of the legislative
bodies of the party states regarding the activities of the
Commission.
2. Adopt and amend, by a two-thirds vote of the membership, in
accordance with the procedures and criteria developed pursuant
to Article IV of this compact a regional disposal plan which
designates host states for the establishment of needed compact
facilities.
3. Adopt an annual budget.
4. Establish and implement a procedure for determining the
capacity of a compact facility. The capacity of a compact
facility shall be established as soon as reasonably practical after
the host state of the facility is designated and shall not be
changed thereafter without the consent of the host state. The
capacity of a compact facility shall be based on the projected
volume, radioactive characteristics, or both, of the waste to be
disposed of at the facility during the period set forth in Article
VI(i) of this compact.
5. Provide a host state with funds necessary to pay reasonable
development expenses incurred by the host state after it is
designated to host a compact facility.
6. Establish and implement procedures for making payments
from the remedial action fund provided for in Article III(p) of
this compact.
7. Establish and implement procedures to investigate any
complaint joined in by two or more party states regarding
another party state's performance of its obligations under this
compact.
8. Adopt policies promoting source reduction and the
environmentally sound treatment of waste in order to minimize
the amount of waste to be disposed of at compact facilities.
9. Establish and implement procedures for obtaining
information from generators regarding the volume and
characteristics of waste projected to be disposed of at compact
facilities and regarding generator activities with respect to
source reduction, recycling, and treatment of waste.
10. Prepare annual reports regarding the volume and
characteristics of waste projected to be disposed of at compact
facilities.
j. Funding for the Commission shall be provided as follows:
1. When no compact facility is operating, the Commission may
assess fees to be collected from generators of waste in the
region. The fees shall be reasonable and equitable. The
Commission shall establish and implement procedures for
assessing and collecting the fees. The procedures may allow the
assessing of fees against less than all generators of waste in the
region; provided that if fees are assessed against less than all
generators of waste in the region, generators paying the fees
shall be reimbursed the amount of the fees, with reasonable
interest, out of the revenues of operating compact facilities.
2. When a compact facility is operating, funding for the
Commission shall be provided through a surcharge collected by
the host state as part of the fee system provided for in Article
VI(j) of this compact. The surcharge to be collected by the host
state shall be determined by the Commission and shall be
reasonable and equitable.
3. In the aggregate, the fees or surcharges, as the case may be,
shall be no more than is necessary to:
a. cover the annual budget of the Commission;
b. provide a host state with the funds necessary to pay
reasonable development expenses incurred by the host state
after it is designated to host a compact facility;
c. provide moneys for deposit in the remedial action fund
established pursuant to Article III(p) of this compact; and
d. provide moneys to be added to an inadequately funded
long-term care fund as provided in Article VI(o) of this
compact.
k. Financial statements of the Commission shall be prepared
according to generally accepted accounting principles. The
Commission shall contract with an independent certified public
accountant to annually audit its financial statements 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 Article III of this
compact.
l. 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 corporation. 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 a legal entity separate and distinct from the
party states. Members of the Commission and its employees are not
personally liable for actions taken by them in their official capacity.
The Commission is not liable or otherwise responsible for any costs,
expenses, or liabilities resulting from the development, construction,
operation, regulation, closing, or long-term care of any compact
facility or any noncompact facility made available to the region by
any contract or agreement entered into by the Commission under
Article III(h)(6) of this compact. Nothing in Article III(m) of this
compact relieves the Commission of its obligations under Article III
of this compact or under contracts to which it is a party. Any
liabilities of the Commission are not liabilities of the party states.
n. Final decisions of the Commission shall be made, and shall be
subject to judicial review, in accordance with all of the following
conditions:
1. Every final decision shall be made at an open meeting of the
Commission. Before making a final decision, the Commission
shall provide an opportunity for public comment on the matter
to be decided. Each final decision shall be reduced to writing
and shall set forth the Commission's reasons for making the
decision.
2. Before making a final decision, the Commission may conduct
an adjudicatory hearing on the proposed decision.
3. Judicial review of a final decision shall be initiated by filing
a petition in the United States district court for the district in
which the person seeking the review resides or in which the
Commission's office is located not later than sixty days after
issuance of the Commission's written decision. Concurrently
with filing the petition for review with the court, the petitioner
shall serve a copy of the petition on the Commission. Within
five days after receiving a copy of the petition, the Commission
shall mail a copy of it to each party state and to all other
persons who have notified the Commission of their desire to
receive copies of such petitions. Any failure of the Commission
to so mail copies of the petition does not affect the jurisdiction
of the reviewing court. Except as otherwise provided in Article
III(n)(3) of this compact, standing to obtain judicial review of
final decisions of the Commission and the form and scope of
the review are subject to and governed by 5 U.S.C.A. 706.
4. If a party state seeks judicial review of a final decision of the
Commission that does any of the following, the facts shall be
subject to trial de novo by the reviewing court unless trial de
novo of the facts is affirmatively waived in writing by the party
state:
a. Imposes financial penalties on a party state.
b. Suspends the right of a party state to have waste generated
within its borders disposed of at a compact facility or at a
noncompact facility made available to the region by an
agreement entered into by the Commission under Article
III(h)(6) of this compact.
c. Terminates the designation of a party state as a host state.
d. Revokes the membership of a party state in this compact.
e. Establishes the amounts of money that a party state that
has withdrawn from this compact or had its membership in
this compact revoked is required to pay under Article VIII(e)
of this compact.
Any such trial de novo of the facts shall be governed by the
federal Rules of Civil Procedure and the federal Rules of
Evidence.
5. Preliminary, procedural, or intermediate actions by the
Commission that precede a final decision are subject to review
only in conjunction with review of the final decision.
6. Except as provided in Article III(n)(5) of this compact,
actions of the Commission that are not final decisions are not
subject to judicial review.
o. Unless approved by a majority of the Commission, with the
member from each host state in which an affected compact facility
is operating or is being developed or constructed voting in the
affirmative, no person shall do any of the following:
1. Import waste generated outside the region for management
within the region.
2. Export waste generated within the region for disposal outside
the region.
3. Manage waste generated outside the region at a facility
within the region.
4. Dispose of waste generated within the region at a facility
within the region that is not a compact facility.
p. The Commission shall establish a remedial action fund to pay
the costs of reasonable remedial actions taken by a party state if an
event results from the development, construction, operation, closing,
or long-term care of a compact facility that poses a threat to human
health, safety, or welfare or to the environment. The amount of the
remedial action fund shall be adequate to pay the costs of all
reasonably foreseeable remedial actions. A party state shall notify the
Commission as soon as reasonably practical after the occurrence of
any event that may require the party state to take a remedial action.
The failure of a party state to so notify the Commission does not
limit the rights of the party state under Article III(p) of this compact.
If the moneys in the remedial action fund are inadequate to pay
the costs of reasonable remedial actions, the amount of the
deficiency is a liability with respect to which generators shall provide
indemnification under Article VII(g) of this compact. Generators
who provide the required indemnification have the rights of
contribution provided in Article VII(g) of this compact. Article III(p)
of this compact applies to any remedial action taken by a party state
regardless of whether the party state takes the remedial action on its
own initiative or because it is required to do so by a court or
regulatory agency of competent jurisdiction.
q. If the Commission makes payment from the remedial action
fund provided for in Article III(p) of this compact, the Commission
is entitled to obtain reimbursement under applicable rules of law
from any person who is responsible for the event giving rise to the
remedial action. Such reimbursement may be obtained from a party
state only if the event giving rise to the remedial action resulted from
the activities of that party state as a generator of waste.
r. If this compact is dissolved, all moneys held by the Commission
shall be used first to pay for any ongoing or reasonably anticipated
remedial actions. Any remaining moneys shall be distributed in a fair
and equitable manner to those party states that have operating or
closed compact facilities within their borders and shall be added to
the long-term care funds maintained by those party states.
As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.4.
IC 13-29-1-4
Regional management plan
Sec. 4.
ARTICLE IV. REGIONAL DISPOSAL PLAN
The Commission shall adopt and periodically update a regional disposal plan designed to ensure the safe and efficient disposal of waste generated within the region. In adopting a regional waste disposal plan, the Commission shall do all of the following:
a. Adopt procedures for determining, consistent with considerations for public health and safety, the type and number of compact facilities which are presently necessary and which are projected to be necessary to dispose of waste generated within the region.
b. Develop and adopt procedures and criteria for identifying a party state as a host state for a compact facility. In developing these criteria, the Commission shall consider all of the following:
1. The health, safety, and welfare of the citizens of the party states.
2. The existence of compact facilities within each party state.
3. The minimization of waste transportation. 4. The volumes and types of wastes projected to be generated within each party state.
5. The environmental impacts on the air, land and water resources of the party states.
6. The economic impacts on the party states.
c. Conduct such hearings, and obtain such reports, studies, evidence and testimony required by its approved procedures prior to identifying a party state as a host state for a needed compact facility.
d. Prepare a draft disposal plan and any update thereof, including procedures, criteria, and host states, 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 or update of the disposal plan. The disposal plan and any update thereof shall include the Commission's response to public and party state comment.
As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.5.
IC 13-29-1-5
Rights and obligations of party states
Sec. 5.
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. Except for waste attributable to radioactive material or waste imported into the region in order to render the material or waste amenable to transportation, storage, disposal, or recovery, or in order to convert the waste or material to another usable material, or to reduce it in volume or otherwise treat it, each party state has the right to have all wastes generated within its borders disposed of at compact facilities subject to the payment of all fees established by the host state under Article VI(j) of this compact and to the provisions contained in Articles VI(l), VI(s), VIII(d), IX(d), and X of this compact. 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(h)(6) of this compact, subject to the provisions of Articles VI(l), VI(s), VIII(d), and X of this compact.
c. If a party state's right to have waste generated within its borders disposed of at compact facilities, or at any noncompact facility made available to the region by an agreement entered into by the Commission under Article III(h)(6) of this compact, is suspended, no waste generated within its borders by any person shall be disposed of at any such facility during the period of the suspension.
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
responsibilities. Each party state shall establish the capability to
obtain any data and information required by the Commission.
f. If, notwithstanding the sovereign immunity provision in Article
VII(f)(1) and the indemnification provided for in Articles III(p),
VI(o), and VII(g) of this compact, a party state incurs a cost as a
result of an inadequate remedial action fund or an exhausted
long-term care fund, or incurs a liability as a result of an action
described in Article VII(f)(1) and not described in Article VII(f)(2)
of this compact, the cost or liability shall be the pro rata obligation
of each party state and each state that has withdrawn from this
compact or had its membership in this compact revoked. The
Commission shall determine each state's pro rata obligation in a fair
and equitable manner based on the amount of waste from each such
state that has been or is projected to be disposed of at the compact
facility with respect to which the cost or liability to be shared was
incurred. No state shall be obligated to pay the pro rata obligation of
any other state.
The pro rata obligations provided for in Article V(f) of this
compact do not result in the creation of state debt. Rather, the pro
rata obligations are contractual obligations that shall be enforced by
only the commission or an affected party state.
g. If the party states make payment pursuant to Article V(f) of this
compact, the surcharge or fee provided for in Article III(j) of this
compact shall be used to collect the funds necessary to reimburse the
party states for those payments. The Commission shall determine the
time period over which reimbursement shall take place.
As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.6.
IC 13-29-1-6
Development, operation, and closing of compact facilities
Sec. 6.
ARTICLE VI. DEVELOPMENT, OPERATION, AND
CLOSING OF COMPACT 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 not all compact facilities required by the regional disposal plan are developed pursuant to Article VI(a) of this compact, the Commission may designate a host state.
c. After a state is designated a host state by the Commission, it is responsible for the timely development and operation of the compact facility it is designated to host. The development and operation of the compact facility shall not conflict with applicable federal and host state laws, rules, and regulations, provided that the laws, rules, and regulations of a host state and its political subdivisions shall not prevent, nor shall they be applied so as to prevent, the host state's discharge of the obligation set forth in Article VI(c) of this compact.
The obligation set forth in Article VI(c) of this compact is contingent
upon the discharge by the Commission of its obligation set forth in
Article III(i)(5) of this compact.
d. If a party state designated as a host state fails to discharge the
obligations imposed upon it by Article VI(c) of this compact, its host
state designation may be terminated by a two-thirds vote of the
Commission with the member from the host state of any then
operating compact facility voting in the affirmative. A party state
whose host state designation has been terminated has failed to fulfill
its obligations as a host state and is subject to the provisions of
Article VIII(d) of this compact.
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. Except as set forth in Article VI(d) of this compact, the
Commission may relieve a party state of its responsibility only upon
a showing by the requesting party state that, based upon criteria
established by the Commission that are consistent with any
applicable federal criteria, no feasible potential compact facility site
exists within its borders.
A party state relieved of its host state responsibility shall repay to
the Commission any funds provided to that state by the Commission
for the development of a compact facility, and also shall pay to the
Commission the amount the Commission determines is necessary to
ensure that the Commission and the other party states do not incur
financial loss as a result of the state being relieved of its host state
responsibility. Any funds so paid to the Commission with respect to
the financial loss of the other party states shall be distributed
forthwith by the Commission to the party states that would otherwise
incur the loss. In addition, until the state relieved of its responsibility
is again designated as a host state and a compact facility located in
that state begins operating, it shall annually pay to the Commission,
for deposit in the remedial action fund, an amount the Commission
determines is fair and equitable in light of the fact the state has been
relieved of the responsibility to host a compact facility, but continues
to enjoy the benefits of being a member of this compact.
f. The host state shall select the technology for the compact
facility. If requested by the Commission, information regarding the
technology selected by the host state shall be submitted to the
Commission for its review. The Commission may require the host
state to make changes in the technology selected by the host state if
the Commission demonstrates that the changes do not decrease the
protection of air, land, and water resources and the health and safety
of all people who may be affected by the facility. If requested by the
host state, any Commission decision requiring the host state to make
changes in the technology shall be preceded by an adjudicatory
hearing in which the Commission shall have the burden of proof.
g. A host state may assign to a private contractor the
responsibility, in whole or in part, to develop, construct, operate,
close, or provide long-term care for a compact facility. Assignment
of such responsibility by a host state to a private contractor does not
relieve the host state of any responsibility imposed upon it by this
compact. A host state may secure indemnification from the
contractor for any costs, liabilities, and expenses incurred by the host
state resulting from the development, construction, operation,
closing, or long-term care of a compact facility.
h. To the extent permitted by federal and state law, a host state
shall regulate and license any facility within its borders and ensure
the long-term care of that facility.
i. A host state shall accept waste for disposal for a period of
twenty years from the date the compact facility in the host state
becomes operational, or until its capacity has been reached,
whichever occurs first. At any time before the compact facility
closes, the host state and the Commission may enter into an
agreement to extend the period during which the host state is
required to accept such waste or to increase the capacity of the
compact facility. Except as specifically authorized by Article VI(l)(4)
of this compact, the twenty year period shall not be extended, and the
capacity of the facility shall not be increased, without the consent of
the affected host state and the Commission.
j. A host state shall establish a system of fees to be collected from
the users of any compact facility within its borders. The fee system,
and the costs paid through the system, shall be reasonable and
equitable. The fee system shall be subject to the Commission's
approval. The fee system shall provide the host state with sufficient
revenue to pay costs associated with the compact facility including,
but not limited to, operation, closing, long-term care, debt service,
legal costs, local impact assistance, and local financial incentives.
The fee system also shall be used to collect the surcharge provided
in Article III(j)(2) of this compact. The fee system shall include
incentives for source reduction and shall be based on the hazard of
the waste as well as the volume.
k. A host state shall ensure that a compact facility located within
its borders that is permanently closed is properly cared for so as to
ensure protection of air, land, and water resources and the health and
safety of all people who may be affected by the facility.
l. The development of subsequent compact facilities shall be as
follows:
1. No compact facility shall begin operating until the
Commission designates the host state of the next compact
facility.
2. The following actions shall be taken by the state designated
to host the next compact facility within the specified number of
years after the compact facility it is intended to replace begins
operation:
a. Within three years, enact legislation providing for the
development of the next compact facility.
b. Within seven years, initiate site characterization
investigations and tests to determine licensing suitability for
the next compact facility.
c. Within eleven years, submit a license application for the
next compact facility that the responsible licensing authority
deems complete.
If a host state fails to take any of these actions within the
specified time, all waste generated by any person within that
state shall be denied access to the then operating compact
facility, and to any noncompact facility made available to the
region by any agreement entered into by the Commission
pursuant to Article III(h)(6) of this compact, until the action is
taken. Denial of access may be rescinded by the Commission,
with the member from the host state of the then operating
compact facility voting in the affirmative. A host state that fails
to take any of these actions within the specified time has failed
to fulfill its obligations as a host state and is subject to the
provisions of Articles VI(d) and VIII(d) of this compact.
3. Within fourteen years after any compact facility begins
operating, the state designated to host the next compact facility
shall have obtained a license from the responsible licensing
authority to construct and operate the compact facility the state
has been designated to host. If the license is not obtained within
the specified time, all waste generated by any person within the
state designated to host the next compact facility shall be denied
access to the then operating compact facility, and to any
noncompact facility made available to the region by any
agreement entered into by the Commission pursuant to Article
III(h)(6) of this compact, until the license is obtained. The state
designated to host the next compact facility shall have failed in
its obligations as a host state and shall be subject to Articles
VI(d) and VIII(d) of this compact. In addition, at the sole option
of the host state of the then operating compact facility, all waste
generated by any person within any party state that has not fully
discharged its obligations under Article VI(i) of this compact
shall be denied access to the then operating compact facility,
and to any noncompact facility made available to the region by
any agreement entered into by the Commission pursuant to
Article III(h)(6) of this compact, until the license is obtained.
Denial of access may be rescinded by the Commission, with the
member from the host state of the then operating compact
facility voting in the affirmative.
4. If twenty years after a compact facility begins operating, the
next compact facility is not ready to begin operating, the state
designated to host the next compact facility shall have failed in
its obligation as a host state and shall be subject to Articles
VI(d) and VIII(d) of this compact. If at the time the capacity of
the then operating compact facility has been reached, or twenty
years after the facility began operating, whichever occurs first,
the next compact facility is not ready to begin operating, the
host state of the then operating compact facility, without the
consent of any other party state or the Commission, may
continue to operate the facility until a compact facility in the
next host state is ready to begin operating. During any such
period of continued operation of a compact facility, all waste
generated by any person within the state designated to host the
next compact facility shall be denied access to the then
operating compact facility and to any noncompact facility made
available to the region by any agreement entered into by the
Commission pursuant to Article III(h)(6) of this compact. In
addition, during such period, at the sole option of the host state
of the then operating compact facility, all waste generated by
any person within any party state that has not fully discharged
its obligations under Article VI(i) of this compact shall be
denied access to the then operating compact facility and to any
noncompact facility made available to the region by any
agreement entered into by the Commission pursuant to Article
III(h)(6) of this compact. Denial of access may be rescinded by
the commission, with the member from the host state of the then
operating compact facility voting in the affirmative. The
provisions of Article VI(l)(4) of this compact shall not apply if
their application is inconsistent with an agreement between the
host state of the then operating compact facility and the
Commission as authorized in Article VI(i) of this compact, or
inconsistent with Article VI(p) or (q) of this compact.
5. During any period that access is denied for waste disposal
pursuant to Article VI(l)(2), (3), or (4) of this compact, the
party state designated to host the next compact disposal facility
shall pay to the host state of the then operating compact facility
an amount the Commission determines is reasonably necessary
to ensure that the host state, or any agency or political
subdivision thereof, does not incur financial loss as a result of
the denial of access.
6. The Commission may modify any of the requirements
contained in Articles VI(l)(2) and (3) of this compact if it finds
that circumstances have changed so that the requirements are
unworkable or unnecessarily rigid or no longer serve to ensure
the timely development of a compact facility. The Commission
may adopt such a finding by a two-thirds vote, with the member
from the host state of the then operating compact facility voting
in the affirmative.
m. This compact shall not prevent an emergency closing of a
compact facility by a host state to protect air, land and water
resources and the health and safety of all people who may be affected
by the facility. A host state that has an emergency closing of a
compact facility shall notify the Commission in writing within three
working days of its action and shall, within thirty (30) working days
of its action, demonstrate justification for the closing.
n. A party state that has fully discharged its obligations under
Article VI(i) of this compact shall not again be designated a host
state of a compact facility without its consent until each party state
has been designated to host a compact facility and has fully
discharged its obligations under Article VI(i) of this compact or has
been relieved under Article VI(e) of this compact of its responsibility
to serve as a host state.
o. Each host state of a compact facility shall establish a long-term
care fund to pay for monitoring, security, maintenance, and repair of
the facility after it is permanently closed. The expenses of
administering the long-term care fund shall be paid out of the fund.
The fee system established by the host state that establishes a
long-term care fund shall be used to collect moneys in amounts that
are adequate to pay for all long-term care of the compact facility. The
moneys shall be deposited into the long-term care fund. Except
where the matter is resolved through arbitration, the amount to be
collected through the fee system for deposit into the fund shall be
determined through an agreement between the Commission and the
host state establishing the fund. Not less than three years, nor more
than five years, before the compact facility it is designated to host is
scheduled to begin operating, the host state shall propose to the
Commission the amount to be collected through the fee system for
deposit into the fund. If, one hundred eighty days after such proposal
is made to the Commission, the host state and the Commission have
not agreed, either the Commission or the host state may require the
matter to be decided through binding arbitration. The method of
administration of the fund shall be determined by the host state
establishing the long-term care fund, provided that moneys in the
fund shall be used only for the purposes set forth in Article VI(o) of
this compact and shall be invested in accordance with the standards
applicable to trustees under the laws of the host state establishing the
fund. If, after a compact facility is closed, the Commission
determines the long-term care fund established with respect to that
facility is not adequate to pay for all long-term care for that facility,
the Commission shall collect and pay over to the host state of the
closed facility, for deposit into the long-term care fund, an amount
determined by the Commission to be necessary to make the amount
in the fund adequate to pay for all long-term care of the facility. If a
long-term care fund is exhausted and long-term care expenses for the
facility with respect to which the fund was created have been
reasonably incurred by the host state of the facility, those expenses
are a liability with respect to which generators shall provide
indemnification as provided in Article VII(g) of this compact.
Generators that provide indemnification shall have contribution
rights as provided in Article VII(g) of this compact.
p. A host state that withdraws from the compact or has its
membership revoked shall immediately and permanently close any
compact facility located within its borders, except that the
Commission and a host state may enter into an agreement under
which the host state may continue to operate, as a noncompact
facility, a facility within its borders that, before the host state
withdrew or had its membership revoked, was a compact facility.
q. If this compact is dissolved, the host state of any then operating
compact facility shall immediately and permanently close the
facility, provided that a host state may continue to operate a compact
facility or resume operating a previously closed compact facility, as
a noncompact facility, subject to all of the following requirements:
1. The host state shall pay to the other party states the portion
of the funds provided to that state by the Commission for the
development, construction, operation, closing, or long-term care
of a compact facility that is fair and equitable, taking into
consideration the period of time the compact facility located in
that state was in operation and the amount of waste disposed of
at the facility, provided that a host state that has fully
discharged its obligations under Article VI(i) of this compact
shall not be required to make such payment.
2. The host state shall physically segregate waste disposed of at
the facility after this compact is dissolved from waste disposed
of at the facility before this compact is dissolved.
3. The host state shall indemnify and hold harmless the other
party states from all costs, liabilities, and expenses, including
reasonable attorneys' fees and expenses, caused by operating the
facility after this compact is dissolved, provided that this
indemnification and hold harmless obligation shall not apply to
costs, liabilities, and expenses resulting from the activities of a
host state as a generator of waste.
4. Moneys in the long-term care fund established by the host
state that are attributable to the operation of the facility before
this compact is dissolved, and investment earnings thereon,
shall be used only to pay the cost of monitoring, securing,
maintaining, or repairing that portion of the facility used for the
disposal of waste before this compact is dissolved. Such
moneys and investment earnings, and any moneys added to the
long-term care fund through a distribution authorized by Article
III(r) of this compact, also may be used to pay the cost of any
remedial action made necessary by an event resulting from the
disposal of waste at the facility before this compact is
dissolved.
r. Financial statements of a compact facility shall be prepared
according to generally accepted accounting principles. The
Commission may require the financial statements to be audited on an
annual basis by a firm of certified public accountants selected and
paid by the Commission.
s. Waste may be accepted for disposal at a compact facility only
if the generator of the waste has signed, and there is on file with the
Commission, an agreement to provide indemnification to a party
state, or employee of that state, for all of the following:
1. Any cost of a remedial action described in Article III(p) of
this compact that, due to inadequacy of the remedial action
fund, is not paid as set forth in that provision.
2. Any expense for long-term care described in Article VI(o) of
this compact that, due to exhaustion of the long-term care fund,
is not paid as set forth in that provision.
3. Any liability for damages to persons, property, or the
environment incurred by a party state, or employee of that state
while acting within the scope of employment, resulting from the
development, construction, operation, regulation, closing, or
long-term care of a compact facility, or any noncompact facility
made available to the region by any agreement entered into by
the Commission pursuant to Article III(h)(6) of this compact, or
any other matter arising from this compact. The agreement also
shall require generators to indemnify the party state or
employee against all reasonable attorney's fees and expenses
incurred in defending any action for such damages. This
indemnification shall not extend to liability based on any of the
following:
a. The activities of the party states as generators of waste.
b. The obligations of the party states to each other and the
Commission imposed by this compact or other contracts
related to the disposal of waste under this compact.
c. Activities of a host state or employees thereof that are
grossly negligent or willful and wanton.
The agreement shall provide that the indemnification obligation
of generators shall be joint and several, except that the
indemnification obligation of the party states with respect to
their activities as generators of waste shall not be joint and
several, but instead shall be prorated according to the amount
of waste that each state had disposed of at the compact facility
giving rise to the liability. Such proration shall be calculated as
of the date of the event giving rise to the liability. The
agreement shall be in a form approved by the Commission with
the member from the host state of any then operating compact
facility voting in the affirmative. Among generators there shall
be rights of contribution based on equitable principles, and
generators shall have rights of contribution against any other
person responsible for such damages under common law,
statute, rule, or regulation, provided that a party state that
through its own activities did not generate any waste disposed
of at the compact facility giving rise to the liability, an
employee of such a party state, and the Commission shall have
no such contribution obligation. The Commission may waive
the requirement that the party state sign and file such an
indemnification agreement as a condition to being able to
dispose of waste generated as a result of the party state's
activities. Such a waiver shall not relieve a party state of the
indemnification obligation imposed by Article VII(g) of this
compact.
As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.7.
IC 13-29-1-7
Other laws and regulations
Sec. 7.
ARTICLE VII. OTHER LAWS AND REGULATIONS
a. Nothing in this compact:
1. Abrogates or limits the applicability of any act of the Congress or diminishes or otherwise impairs the jurisdiction of
any federal 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 generator from storing or treating, on its own
premises, waste generated by it within the region;
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
agencies or federal research and development activities as
described in 42 U.S.C. 2021;
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
transportation of waste within its borders;
8. Requires a party state to enter into any agreement with the
U.S. Nuclear Regulatory Commission; or
9. Limits, expands, or otherwise affects the authority of a state
to regulate low-level radioactive waste classified by any agency
of the United States government as "below regulatory concern"
or otherwise exempt from federal regulation.
b. If a court of the United States finally determines that a law of
a party state conflicts with this compact, this compact shall prevail
to the extent of the conflict. The Commission shall not commence an
action seeking such a judicial determination unless commencement
of the action is approved by a two-thirds vote of the membership of
the Commission.
c. Except as authorized by this compact, no law, rule or regulation
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. Except as provided in Articles III(m) and VII(f) of this
compact, no provision of this compact s