AN ACT ratifying and approving the Central Midwest Interstate Compact on
Low-Level Radioactive Waste and providing for the administration thereof,
repealing an Act herein named, and amending an Act herein named, approved and
effective September 7, 1984.
Section 63v. Short title. This Act may be cited as the Central Midwest
Radioactive Waste Compact Act.
Section 63v-1. Ratification and approval--Contents
1. The State of Illinois ratifies and approves the following compact:
ARTICLE I. POLICY AND PURPOSE
There is created the Central Midwest Interstate Low-Level Radioactive
Waste Compact.
The states party to this compact recognize that the Congress of the
United States, by enacting the Low-Level Radioactive Waste Policy Act (42
U.S.C. 2021), has provided for and encouraged the development of low-level
radioactive waste compacts as a tool for managing such waste. The party
states acknowledge that Congress declared that each state is responsible for
providing for the avail-ability of capacity either within or outside the state
for the disposal of low-level radioactive waste generated within its borders,
except for waste generated as a result of certain defense activities of the
federal government or federal research and development activities. The party
states also recognize that the management of low-level radioactive waste is
handled most efficiently on a regional basis; and, that the safe and efficient
management of low-level radio-active waste generated within the region
requires that sufficient capacity to manage such waste be properly provided.
a) It is the policy of the party states to enter into a regional low-
level radioactive waste management compact for the purpose of:
1) providing the instrument and framework for a cooperative
effort;
2) providing sufficient facilities for the proper management of
low-level radioactive waste generated in the region;
3) protecting the health and safety of the citizens of the
region;
4) limiting the number of facilities required to manage low-
level radioactive waste generated in the region effectively and
efficiently;
5) promoting the volume and source reduction of low-level
radioactive waste generated in the region;
6) distributing the costs, benefits and obligations of
successful low-level radioactive waste management equitably among the
party states and among generators and other persons who use regional
facilities to manage their waste;
7) ensuring the ecological and economical management of low-
level radioactive waste, including the prohibition of shallow-land
burial of waste; and
8) promoting the use of above-ground facilities and other
disposal technologies providing greater and safer confinement of low-
level radioactive waste than shallow-land burial facilities.
b) Implicit in the Congressional consent to this compact is the
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.
ARTICLE II. DEFINITIONS
As used in this compact, unless the context clearly requires a different
construction:
a) "Commission" means the Central Midwest Interstate Low-Level
Radioactive Waste Commission.
b) "Decommissioning" means the measures taken at the end of a
facility's operating life to assure the continued protection of the public
from any residual radioactivity or other potential hazards present at a
facility.
c) "Disposal" means the isolation of waste from the biosphere in a
permanent facility designed for that purpose.
d) "Eligible state" means either the State of Illinois or the
Commonwealth of Kentucky.
e) "Extended care" means the continued observation of a facility
after closure for the purpose of detecting a need for maintenance, ensuring
environmental safety, and determining compliance with applicable licensure and
regulatory requirements and includes undertaking any action or clean-up
necessary to protect public health and the environment from radioactive
releases from a regional facility.
f) "Facility" means a parcel of land or site, together with the
structures, equipment and improvements on or appurtenant to the land or site,
which is used or is being developed for the treatment, storage or disposal of
low-level radioactive waste.
g) "Generator" means a person who produces or possesses low-level
radioactive waste in the course of or incident to manufacturing, power
generation, processing, medical diagnosis and treatment, research, or other
industrial or commercial activity and who, to the extent required by law, is
licensed by the U.S. Nuclear Regulatory Commission or a party state, to
produce or possess such waste.
h) "Host state" means any party state that is designated by the
Commission to host a regional facility, provided that a party state with a
total volume of waste recorded on low-level radioactive waste manifests for
any year that is less than 10 percent of the total volume recorded on such
manifests for the region during the same year shall not be designated a host
state.
i) "Institutional control" means those activities carried out by the
host state to physically control access to the disposal site following
transfer of control of the disposal site from the disposal site operator to
the state or federal government. These activities must include, but need not
be limited to, environmental monitoring, periodic surveillance, minor
custodial care, and other necessary activities at the site as determined by
the host state, and administration of funds to cover the costs for these
activities. The period of institutional control will be determined by the
host state, but institutional control may not be relied upon for more than 100
years following transfer of control of the disposal site to the state or
federal government.
j) "Long-term liability" means the financial obligation to compensate
any person for medical and other expenses incurred from damages to human
health, personal injuries suffered from damages to human health and damages or
losses to real or personal property, and to provide for the costs for
accomplishing any necessary corrective action or clean-up on real or personal
property caused by radioactive releases from a regional facility.
k) "Low-level radioactive waste" or "waste" means radioactive waste
not classified as (1) high-level radioactive waste, (2) transuranic waste, (3)
spent nuclear fuel, or (4) by-product material as defined in Section 11e(2) of
the Atomic Energy Act of 1954.
l) "Management plan" means the plan adopted by the Commission for the
storage, transportation, treatment and disposal of waste within the region.
m) "Manifest" means a shipping document identifying the generator of
waste, the volume of waste, the quantity of radionuclides in the shipment, and
such other information as may be required by the appropriate regulatory
agency.
n) "Party state" means any eligible state which enacts the compact
into law and pays the membership fee.
o) "Person" means any individual, corporation, business enterprise or
other legal entity, either public or private, and any legal successor,
representative, agent or agency of that individual, corporation, business
enterprise, or legal entity.
p) "Region" means the geographical area of the party states.
q) "Regional facility" means a facility which is located within the
region and which is established by a party state pursuant to designation of
that state as a host state by the Commission.
r) "Shallow-land burial" means a land disposal facility in which
radioactive waste is disposed of in or within the upper 30 meters of the
earth's surface; however, this definition shall not include an enclosed,
engineered, strongly structurally enforced and solidified bunker that extends
below the earth's surface.
s) "Site" means the geographic location of a facility.
t) "Source reduction" means those administrative practices that
reduce the radionuclide levels in low-level radioactive waste or that prevent
the generation of additional low-level radioactive waste.
u) "State" means a state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands or any other
territorial possession of the United States.
v) "Storage" means the temporary holding of waste for treatment or
disposal.
w) "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.
x) "Volume reduction" means those methods including, but not limited
to, biological, chemical, mechanical and thermal methods used to reduce the
amount of space that waste materials occupy and to put them into a form
suitable for storage or disposal.
y) "Waste management" means the source and volume reduction, storage,
transportation, treatment or disposal of waste.
ARTICLE III. THE COMMISSION
a) There is created the Central Midwest Interstate Low-Level
Radioactive Waste Commission. Upon the eligible states becoming party states,
the Commission shall consist of two voting members from each state eligible to
be a host state, one voting member from any other party state, and an ex
officio non-voting member who is a member of the County Board of or who is a
County Commissioner of each host county. The Governor of each party state
shall notify the Commission in writing of its members and any alternates.
b) Each Commission member is entitled to one vote. No action of the
Commission is binding unless a majority of the total membership casts its vote
in the affirmative.
c) The Commission shall elect annually from among its members a
chairperson. The Commission shall adopt and publish, in convenient form, by-
laws and policies that are not inconsistent with this compact, including
procedures that conform with the provisions of the Federal Administrative
Procedure Act (5 U.S.C. ss. 500 to 559) to the greatest extent practicable in
regard to notice, conduct and recording of meetings; access by the public to
records; provision of information to the public; conduct of adjudicatory
hearings; and issuance of decisions.
d) The Commission shall meet at least once annually and shall also
meet upon the call of the chairperson or a Commission member.
e) All meetings of the Commission and its designated committees shall
be open to the public with reasonable advance notice. The Commission may, by
majority vote, close a meeting to the public for the purpose of considering
sensitive personnel or legal strategy matters. However, all Commission
actions and decisions shall be made in open meetings and appropriately
recorded. A roll call may be required upon request of any member or the
presiding officer.
f) The Commission may establish advisory committees for the purpose
of advising the Commission on any matters pertaining to waste management,
waste generation and source and volume reduction.
g) The Office of the Commission shall be in the first state eligible
to be a host state. The Commission may appoint or contract for and compensate
such staff necessary to carry out its duties and functions. The staff shall
serve at the Commission's pleasure with the exception that staff hired as the
result of securing federal funds shall be hired and governed under applicable
federal statutes and regulations. In selecting any staff, the Commission
shall assure that the staff has adequate experience and formal training to
carry out the functions assigned to it by the Commission.
h) All files, records and data of the Commission shall be open to
reasonable public inspection and may be copied upon payment of reasonable fees
to be established where appropriate by the Commission, except for information
privileged against introduction in judicial proceedings. Such fees may be
waived or shall be reduced substantially for not-for-profit organizations.
i) The Commission may:
1) Enter into an agreement or contract with any person, state
or group of states for the right to use regional facilities for waste
generated outside of the region and for the right to use facilities
outside the region for waste generated within the region. No person may
use a regional facility for waste generated outside the region unless
both a majority of the members of the Commission and all members from
the host state in which any affected regional facility is located vote
in favor of permitting such use. No person in the region may use a
storage, treatment or disposal facility outside the region without prior
Commission approval. No such agreement or contract shall be valid
unless specifically approved by a law enacted by the legislature of the
host state.
2) Approve the disposal of waste generated within the region at
a facility other than a regional facility.
3) Appear as an intervenor or party in interest before any
court of law or any federal, state or local agency, board or commission
in any matter related to waste management. In order to represent its
views, the Commission may arrange for any expert testimony, reports,
evidence or other participation.
4) Review the emergency closure of a regional facility,
determine the appropriateness of that closure, and take whatever actions
are necessary to ensure that the interests of the region are protected,
provided that a party state with a total volume of waste recorded on
low-level radioactive waste manifests for any year that is less than 10
percent of the total volume recorded on such manifests for the region
during 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.
5) Take any action which is appropriate and necessary to
perform its duties and functions as provided in this compact.
6) Suspend the privileges or revoke the membership of a party
state.
j) The Commission shall:
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) Hear, negotiate, and, as necessary, resolve by final
decision disputes which may arise between the party states regarding
this compact.
3) Adopt and amend, as appropriate, a regional management plan
that plans for the establishment of needed regional facilities.
4) Adopt an annual budget.
k) Funding of the budget of the Commission shall be provided as
follows:
1) Each state, upon becoming a party state, shall pay $50,000
to the Commission which shall be used for the administrative costs of
the Commission.
2) Each state hosting a regional facility shall levy surcharges
on each user of the regional facility based upon its portion of the
total volume and characteristics of wastes managed at that facility.
The surcharges collected at all regional facilities shall:
A) be sufficient to cover the annual budget of the Commission;
and
B) be paid to the Commission, provided, however, that each host
state collecting surcharges may retain a portion of the collection
sufficient to cover its administrative costs of collection.
l) The Commission shall keep accurate accounts of all receipts and
disbursements. The Commission shall contract with an independent certified
public accountant to annually audit all receipts and disbursements of
Commission funds and to submit an audit report to the Commission. The audit
report shall be made a part of the annual report of the Commission required by
this Article.
m) The Commission may accept for any of its purposes and functions
and may utilize and dispose of any donations, grants of money, equipment,
supplies, materials and services from any state or the United States (or any
subdivision or agency thereof), or interstate agency, or from any institution,
person, firm or 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. The Commission shall establish
guidelines for the acceptance of donations, grants, equipment, supplies,
materials and services and shall review such guidelines annually.
n) The Commission is not liable for any costs associated with any of
the following:
1) the licensing and construction of any facility;
2) the operation of any facility;
3) the stabilization and closure of any facility;
4) the extended care of any facility;
5) the institutional control, after extended care of any
facility; or
6) the transportation of waste to any facility.
o) The Commission is a legal entity separate and distinct from the
party states and is liable for its actions as a separate and distinct legal
entity. Members of the Commission are not personally liable for actions taken
by them in their official capacity.
p) Except as provided under paragraphs (n) and (o) of this Article,
nothing in this compact alters liability for any action, omission, course of
conduct or liability resulting from any causal or other relationships.
q) Any person aggrieved by a final decision of the Commission, which
adversely affects the legal rights, duties or privileges of such person, may
petition a court of competent jurisdiction, within 60 days after the
Commission's final decision, to obtain judicial review of said final decision.
ARTICLE IV. REGIONAL MANAGEMENT PLAN
The Commission shall adopt a regional management plan designed to ensure
the safe and efficient management of waste generated within the region. In
adopting a regional waste management plan the Commission shall:
a) Adopt procedures for determining, consistent with considerations
of public health and safety, the type and number of regional facilities which
are presently necessary and which are projected to be necessary to manage
waste generated within the region.
b) Develop and adopt policies promoting source and volume reduction
of waste generated within the region.
c) Develop alternative means for the treatment, storage and disposal
of waste, other than shallow-land burial or underground injection well.
d) Prepare a draft regional management plan that shall be made
available in a convenient form to the public for comment. The Commission
shall conduct one or more public hearings in each party state prior to the
adoption of the regional management plan. The regional management plan shall
include the Commission's response to public and party state comment.
ARTICLE V. RIGHTS AND OBLIGATIONS OF PARTY STATES
a) Each party state shall act in good faith in the performance of
acts and courses of conduct which are intended to ensure the provision of
facilities for regional availability and usage in a manner consistent with
this compact.
b) Other than the provisions of Article V(f), each party state has
the right to have all wastes generated within its borders managed at regional
facilities subject to the provisions contained in Article IX(b) and IX(c).
All party states have an equal right of access to any facility made available
to the region by any agreement entered into by the Commission pursuant to
Article III(i)(1).
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)(1).
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) Waste originating from the Maxey Flats nuclear waste disposal site
in Fleming County, Kentucky shall not be shipped to the regional facility for
storage, treatment or disposal. Disposition of these wastes shall be the sole
responsibility of the Commonwealth of Kentucky and shall not be subject to the
provisions of this compact.
ARTICLE VI. DEVELOPMENT AND OPERATION OF FACILITIES
a) Any party state may volunteer to become a host state, and the
Commission may designate that state as a host state.
b) If all regional facilities required by the regional management
plan are not developed pursuant to Section (a), or upon notification that an
existing regional facility will be closed, the Commission may designate a host
state.
c) A party state shall not be selected as a host state for any
regional facility unless that state's total volume of waste recorded on low-
level radioactive waste manifests for any year is more than 10 percent of the
total volume recorded on such manifests for the region during the same year.
In determining the 10 percent 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.
d) Each party state designated as a host state is responsible for
determining possible facility locations within its borders. The selection of
a facility site shall not conflict with applicable federal and host state
laws, regulations and rules not inconsistent with this compact and shall be
based on factors including, but not limited to, geological, environmental,
engineering and economic viability of possible facility locations.
e) Any party state designated as a host state may request the
Commission to relieve that state of the responsibility to serve as a host
state. The Commission may relieve a party state of this responsibility only
upon a showing by the requesting party state that no feasible potential
regional facility site of the type it is designated to host exists within its
borders.
f) After a state is designated a host state by the Commission, it is
responsible for the timely development and operation of a regional facility.
g) To the extent permitted by federal and state law, a host state
shall regulate and license any facility within its borders and ensure the
extended care of that facility.
h) The Commission may designate a party state as a host state while a
regional facility is in operation if the Commission determines that an
additional regional facility is or may be required to meet the needs of the
region.
i) Designation of a host state is for a period of 20 years or the
life of the regional facility which is established under that designation,
whichever is shorter. Upon request of a host state, the Commission may modify
the period of its designation.
j) A host state may establish a fee system for any regional facility
within its borders. The fee system shall be reasonable and equitable. This
fee system shall provide the host state with sufficient revenue to cover any
costs including, but not limited to, the planning, siting, licensure,
operation, pre-closure corrective action or clean-up, monitoring, inspection,
decommissioning, extended care and long-term liability, associated with such
facilities. This fee system may provide for payment to units of local
government affected by a regional facility for costs incurred in connection
with such facility. This fee system may also include reasonable revenue
beyond the costs incurred for the host state, subject to approval by the
Commission. The fee system shall include incentives for source or volume
reduction and may be based on the hazard of the waste. A host state shall
submit an annual financial audit of the operation of the regional facility to
the Commission.
k) A host state shall ensure that a regional facility located within
its borders which is permanently closed is properly decommissioned. A host
state shall also provide for the extended care of a closed or decommissioned
regional facility within its borders so that the public health and safety of
the state and region are ensured, unless, pursuant to the federal Nuclear
Waste Policy Act of 1982, the federal government has assumed title and custody
of the regional facility and the federal government thereby has assumed
responsibility to provide for the extended care of such facility.
l) A host state intending to close a regional facility located within
its borders shall notify the Commission in writing of its intention and the
reasons. Notification shall be given to the Commission at least five years
prior to the intended date of closure. This Section shall not prevent an
emergency closing of a regional facility by a host state to protect its air,
land and water resources and the health and safety of its citizens. However,
a host state which has an emergency closing of a regional facility shall
notify the Commission in writing within three working days of its action and
shall, within 30 working days of its action, demonstrate justification for the
closing.
m) If a regional facility closes before an additional or new facility
becomes operational, waste generated within the region may be shipped
temporarily to any location agreed on by the Commission until a regional
facility is operational, provided that the region's waste shall not be stored
in a party state with a total volume of waste recorded on low-level
radioactive waste manifests for any year which is less than 10 percent of the
total volume recorded on such manifests for the region during the same year.
In determining the 10 percent exclusion, there shall not be included waste
recorded on low-level radioactive waste manifests by a person whose principal
business is providing a service by arranging for the collection,
transportation, treatment, storage or disposal of such waste.
n) A party state which is designated as a host state by the
Commission and fails to fulfill its obligations as a host state may have its
privileges under the compact suspended or membership in the compact revoked by
the Commission.
o) The host state shall create an "Extended Care and Long-Term
Liability Fund" and shall allocate sufficient fee revenues, received pursuant
to Article VI(j), to provide for the costs of:
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;
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
the amounts as it deems appropriate to purchase insurance or to make
other similar financial protection arrangements consistent with the
purposes of this Fund; this Section shall in no manner limit the
financial responsibilities of the site operator pursuant to Article
VI(p) and the party states, or any other states which contract to
dispose of wastes at the regional facility, pursuant to Article 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 time and make periodic
payments to the Extended Care and Long-Term Liability Fund as set forth in
Article VI(o) for such amounts as the host state reasonably determines is
necessary to provide for future premiums to continue such insurance coverage,
in order to pay the costs of compensating any person for medical and other
expenses incurred from damages to human health, personal injuries suffered
from damages to human health and damages or losses to real or personal
property, and accomplishing any necessary corrective action or clean-up on
real or personal property caused by radioactive releases from a regional
facility. In the event of such costs resulting from radioactive releases from
a regional facility, the host state should, to the maximum extent possible,
seek to obtain monies from such insurance prior to using monies from the
Extended Care and Long-Term Liability Fund.
q) All party states, or any other states which contract to dispose of
wastes at the regional facility, shall be liable for the cost of extended care
and long-term liability in excess of monies available from the Extended Care
and Long-Term Liability Fund, as set forth in Article VI(o) and from the
property and third-party liability insurance as set forth in Article VI(p). A
party state may meet such liability for costs by levying surcharges upon
generators located in the party state. The extent of such liability for such
party state shall be based on the proportionate share of the total volume of
waste placed in the regional facility by generators located in each such party
state. Such liability shall be joint and several among the party states with
a right of contribution between the party states. However, 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 percent of the
total volume recorded on such manifests for the region during the same year.
ARTICLE VII. OTHER LAWS AND REGULATIONS
a) Nothing in this compact:
1) abrogates or limits the applicability of any act of Congress
or diminishes or otherwise impairs the jurisdiction of any 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 storage or treatment of waste by the generator
on its own premises;
4) affects any administrative or judicial proceeding pending on
the effective date of this compact;
5) alters the relations between the respective internal
responsibility of the government of a party state and its subdivision;
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 defined in 42 U.S.C. 2021; or
7) affects the rights and powers of any party state or its
political sub-divisions, to the extent not inconsistent with this
compact, to regulate and license any facility or the transportation of
waste within its borders or affects the rights and powers of any state
or its political subdivisions to tax or impose fees on the waste managed
at any facility within its borders;
8) requires a party state to enter into any agreement with the
U.S. Nuclear Regulatory Commission; or
9) Alters or limits liability of transporters of waste and
owners and operators of sites for their acts, omissions, conduct or
relationships in accordance with applicable laws.
b) For purposes of this compact, all state laws or parts of laws in
conflict with this compact are hereby superseded to the extent of the
conflict.
c) No law, rule, regulation, fee or surcharge of a party state, or of
any of its subdivision or instrumentalities, may be applied in a manner which
discriminates against the generators of another party state.
d) No person who provides a service by arranging for collection,
transportation, treatment, storage or disposal for waste generated outside the
region shall be allowed to dispose of such waste at a regional facility unless
specifically approved by the Commission pursuant to the provisions of Article
III(i)(1).
ARTICLE VIII. ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION,
ENTRY INTO FORCE, TERMINATION
a) Eligible parties to this compact are the State of Illinois and
Commonwealth of Kentucky. Eligibility terminates on April 15, 1985.
b) An eligible state becomes a party state when the state enacts the
compact into law and pays the membership fee required in Article III(k)(1).
c) The Commission is formed upon the appointment of Commission
members and the tender of the membership fee payable to the Commission by the
eligible states. The Governor of Illinois shall convene the initial meeting
of the Commission. The Commission shall cause legislation to be introduced in
the Congress which grants the consent of the Congress to this compact, and
shall take action necessary to organize the Commission and implement the
provisions of this compact.
d) Other than the special circumstances for withdrawal in Section (f)
of this Article, either party state may withdraw from this compact at any time
by repealing the authorizing legislation, but no withdrawal may take effect
until 5 years after the Governor of the withdrawing state gives notice in
writing of the withdrawal to the Commission and to the Governor of the other
state. Withdrawal does not affect any liability already incurred by or
chargeable to a party state prior to the time of such withdrawal. Any host
state which grants a disposal permit for waste generated in a withdrawing
state shall void the permit when the withdrawal of that state is effective.
e) This compact becomes effective July 1, 1984, or at any date
subsequent to July 1, 1984, upon enactment by the eligible states. However,
Article IX(b) shall not take affect until the Congress has by law consented to
this compact. The Congress shall have an opportunity to withdraw such consent
every 5 years. Failure of the Congress affirmatively to withdraw its consent
has the effect of renewing consent for an additional 5 year period. The
consent given to this compact by the Congress shall extend to the power of the
region to ban the shipment of waste into the region pursuant to Article
III(i)(1) and to prohibit exportation of waste generated within the region
pursuant to Article III(i)(1).
f) A state which has been designated a host state may withdraw from
the compact. The option to withdraw must be exercised within 90 days of the
date the Governor of the designated state receives written notice of the
designation. Withdrawal becomes effective immediately after notice is given
in the following manner. The Governor of the withdrawing state shall give
notice in writing to the Commission and to the Governor of each party state.
A state which withdraws from the compact under this Section forfeits any funds
already paid pursuant to this compact. A designated host state which
withdraws from the compact after 90 days and prior to fulfilling its
obligations shall be assessed a sum the Commission determines to be necessary
to cover the costs borne by the Commission and remaining party states as a
result of that withdrawal.
ARTICLE IX. PENALTIES
a) Each party state shall prescribe and enforce penalties against any
person who is not an official of another state for violation of any provision
of this compact.
b) Unless otherwise authorized by the Commission pursuant to Article
III(i), after January 1, 1986 it is a violation of this compact:
1) for any person to deposit at a regional facility waste not
generated within the region;
2) for any regional facility to accept waste not generated
within the region;
3) for any person to export from the region waste which is
generated within the region; or
4) for any person to dispose of waste at a facility other than
a regional facility.
c) Each party state acknowledges that the receipt by a host state of
waste packaged or transported in violation of applicable laws, rules or
regulations may result in the imposition of sanctions by the host state which
may include suspension or revocation of the violator's right of access to the
facility in the host state.
d) Each party state has the right to seek legal recourse against any
party state which acts in violation of this compact.
ARTICLE X. SEVERABILITY AND CONSTRUCTION
The provisions of this compact shall be severable and if any phrase,
clause, sentence or provision of this compact is declared by a court of
competent jurisdiction to be contrary to the Constitution of any participating
state or the United States, or if the applicability thereof to any government,
agency, person or circumstance is held invalid, the validity of the remainder
of this compact and the applicability thereof to any government, agency,
person or circumstance shall not be affected thereby. If any provision of
this compact shall be held contrary to the Constitution of any state
participating therein, the compact shall remain in full force and effect as to
the state affected as to all severable matters.
