§ 457B.1 — Low-level radioactive waste compact

Iowa § 457B.1

• Jurisdiction: Iowa
• Title XI: NATURAL RESOURCES
• Ch. 457B: MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT

Text

The midwest interstate low-level radioactive waste compact is entered into and enacted
into law with all jurisdictions legally joining therein, in the form substantially as follows:
1. Article I — Policy and purpose.
a. (1) There is created the “Midwest Interstate Low-Level Radioactive Waste Compact”.
(2) 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-j, 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.
b. 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
wastedisposalarepaidbygeneratorsandotherpersonswhousecompactfacilitiestodispose
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.
c. 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.
2. Article II — Definitions. As used in this compact, unless the context clearly requires a
different construction:
§457B.1, MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT 2
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 are used has ceased to accept low-level radioactive waste for disposal.
“Permanently closed” means that the compact facility with respect to which the term is used
has ceased to accept low-level radioactive waste because a compact facility has operated for
twenty years or a longer period of time as authorized by article VI, paragraph “i”, its capacity
has been reached, the commission has authorized it to close pursuant to article III, paragraph
“h”, subparagraph (7), 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 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 low-level
radioactive waste within the region.
h. “Facility” means a parcel of land or site, together with the structures, equipment, and
improvementsonorappurtenanttothelandorsite, whichisorhasbeenusedforthedisposal
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 low-level radioactive waste cannot be identified, “generator”
means the person first possessing the low-level radioactive 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 compact 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 C.F.R. §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 research, development, testing, or
production of an atomic weapon.
n. “Operates”, “operational”, or “operating” means that the compact facility with respect
to which any of those terms is used accepts low-level radioactive waste for disposal.
o. “Party state” means an eligible state that enacts this compact into law, pays any
eligibility fee established by the commission, and has not withdrawn from this compact or
3 MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT, §457B.1
had its membership in this compact revoked, provided that a state that has withdrawn from
this compact or had its membership revoked becomes a party state if it is readmitted to
membership in this compact pursuant to article VIII, paragraph “a”. “Party state” includes
a host state. “Party state” also includes 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
ofthatindividual, corporation, association, businessenterprise, orotherlegalentity. “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 other territorial possession of the United States.
t. “Storage” means the temporary holding of low-level radioactive waste.
u. “Treatment”meansanymethod,techniqueorprocess,includingstorageforradioactive
decay, designed to change the physical, chemical or biological characteristics or composition
of low-level radioactive waste in order to render the low-level radioactive 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 low-level radioactive waste.
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, paragraph “o”, and procedures which substantially conform with the provisions of
the federal Administrative Procedure Act, 5 U.S.C. §500 – 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
§457B.1, MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT 4
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) Takeanyactionwhichisappropriateandnecessarytoperformitsdutiesandfunctions
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 low-level
radioactive 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 this subparagraph.
(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 low-level radioactive waste generated outside
the region.
(b) Exportfordisposaloutsidetheregionlow-levelradioactivewastegeneratedinsidethe
region.
(c) Dispose of low-level radioactive 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, paragraph “i”. Such 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, 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 compact 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 low-level radioactive waste to
be disposed of at the compact facility during the period set forth in article VI, paragraph “i”.
(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.
5 MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT, §457B.1
(6) Establish and implement procedures for making payments from the remedial action
fund provided for in paragraph “p”.
(7) Establish and implement procedures to investigate a complaint joined in by two or
more party states regarding another party state’s performance of its obligations.
(8) Adopt policies promoting source reduction and the environmentally sound treatment
of low-level radioactive waste in order to minimize the amount of low-level radioactive waste
to be disposed of at compact facilities.
(9) Establish and implement procedures for obtaining information from generators
regarding the volume and characteristics of low-level radioactive waste projected to be
disposed of at compact facilities and regarding generator activities with respect to source
reduction, recycling, and treatment of low-level radioactive waste.
(10) Prepare annual reports regarding the volume and characteristics of low-level
radioactive 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 low-level radioactive 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 low-level radioactive 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 surchargecollectedby the host stateas partof the fee systemprovidedfor in article
VI, paragraph “j”. 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) Provideahoststatewiththefundsnecessarytopayreasonabledevelopmentexpenses
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
paragraph “p”.
(d) Provide moneys to be added to an inadequately funded long-term care fund as
provided in article VI, paragraph “o”.
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 this article.
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 paragraph
“h”, subparagraph (6). Nothing in this paragraph relieves the commission of its obligations
under this article or under contracts to which it is a party. Any liabilities of the commission
are not liabilities of the party states.
§457B.1, MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT 6
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 this subparagraph, 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. §706.
(4) (a) 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:
(i) Imposes financial penalties on a party state.
(ii) 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 paragraph “h”, subparagraph (6).
(iii) Terminates the designation of a party state as a host state.
(iv) Revokes the membership of a party state in this compact.
(v) 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,
paragraph “e”.
(b) 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 subparagraph (5), 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 low-level radioactive waste generated outside the region for disposal within
the region.
(2) Export low-level radioactive waste generated within the region for disposal outside
the region.
(3) Manage low-level radioactive waste generated outside the region at a facility within
the region.
(4) Dispose of low-level radioactive waste generated within the region at a facility within
the region that is not a compact facility.
p. (1) Thecommissionshallestablisharemedialactionfundtopaythecostsofreasonable
remedialactionstakenbyapartystateifaneventresultsfromthedevelopment, construction,
operation, closing, orlong-termcareofacompactfacilitythatposesathreattohumanhealth,
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 notify the
commission does not limit the rights of the party state under this paragraph “p”.
7 MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT, §457B.1
(2) Ifthemoneysintheremedialactionfundareinadequatetopaythecostsofreasonable
remedial actions, the amount of the deficiency is a liability with respect to which generators
shall provide indemnification under article VII, paragraph “g”. Generators who provide the
required indemnification have the rights of contribution provided in article VII, paragraph
“g”. Thisparagraph“p”appliestoremedialactiontakenbyapartystateregardlessofwhether
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
paragraph “p”, 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.
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. 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.
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 low-level
radioactive waste generated within the region. In adopting a regional low-level radioactive
waste disposal plan, the commission shall do all of the following:
a. Adoptproceduresfordetermining, consistentwithconsiderationsforpublichealthand
safety, the type and number of compact facilities which are presently necessary and which
are projected to be necessary to dispose of low-level radioactive 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 low-level radioactive waste transportation.
(4) Thevolumesandtypesoflow-levelradioactivewastesprojectedtobegeneratedwithin
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,
andhoststates,whichshallbemadeavailableinaconvenientformtothepublicforcomment.
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.
5. Article V — Rights and obligations of party states.
a. Eachpartystateshallactingoodfaithintheperformanceofactsandcoursesofconduct
which are intended to ensure the provision of facilities for regional availability and usage in
a manner consistent with this compact.
b. Except for low-level radioactive waste attributable to radioactive material or low-level
radioactive waste imported into the region in order to render the material or low-level
radioactive waste amenable to transportation, storage, disposal, or recovery, or in order
to convert the low-level radioactive 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 low-level
radioactive 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, paragraph “j”, and to
the provisions contained in article VI, paragraphs “l” and “s”, article VIII, paragraph “d”,
article IX, paragraphs “c” and “d”, and article X. All party states have an equal right of access
§457B.1, MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT 8
to any facility made available to the region by an agreement entered into by the commission
pursuant to article III, paragraph “h”, subparagraph (6), subject to the provisions of article
VI, paragraphs “l” and “s”, article VIII, paragraphs “c” and “d”, and article X.
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, paragraph “h”, subparagraph (6), is suspended,
low-level radioactive waste generated within its borders by any person shall not 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 paragraph shall be
construed to require a party state to enter into any agreement with the United States 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. (1) If, notwithstanding the sovereign immunity provision in article VII, paragraph “f”,
subparagraph (1), and the indemnification provided for in article III, paragraph “p”, article
VI, paragraph “o”, and article VII, paragraph “g”, 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, paragraph “f”, subparagraph (1), and not
described in article VII, paragraph “f”, subparagraph (2), the cost or liability shall be the pro
rataobligationofeachpartystateandeachstatethathaswithdrawnfromthiscompactorhad
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 low-level radioactive
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.
(2) The pro rata obligations provided for in this paragraph “f” do not result in the creation
ofstatedebt. Rather,theprorataobligationsarecontractualobligationsthatshallbeenforced
by only the commission or an affected party state.
g. If the party states make payment pursuant to this paragraph, the surcharge or fee
provided for in article III, paragraph “j”, 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.
6. Article VI — Development, operation, and closing of compact facilities.
a. A 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 paragraph “a”, the commission may designate a host state.
c. Afterastateisdesignatedahoststatebythecommission, itisresponsibleforthetimely
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 this paragraph. The obligation set forth in this
paragraph is contingent upon the discharge by the commission of its obligation set forth in
article III, paragraph “i”, subparagraph (5).
d. If a party state designated as a host state fails to discharge the obligations imposed
upon it by paragraph “c”, 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,
paragraph “d”.
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 paragraph
9 MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT, §457B.1
“d”, 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 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 compact 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 private 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 compact facility within its borders and ensure the long-term care of that compact facility.
i. Ahoststateshallacceptwastefordisposalforaperiodoftwentyyearsfromthedatethe
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 paragraph “l”, subparagraph (4), 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. Ahoststateshallestablishasystemoffeestobecollectedfromtheusersofanycompact
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, paragraph “j”, subparagraph (2). The
fee system shall include incentives for source reduction and shall be based on the hazard of
the low-level radioactive 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.
§457B.1, MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT 10
(2) (a) 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:
(i) Withinthreeyears,enactlegislationprovidingforthedevelopmentofthenextcompact
facility.
(ii) Within seven years, initiate site characterization investigations and tests to determine
licensing suitability for the next compact facility.
(iii) Within eleven years, submit a license application for the next compact facility that
the responsible licensing authority deems complete.
(b) If a host state fails to take any of these actions within the specified time, all low-level
radioactive waste generated by a 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, paragraph “h”,
subparagraph (6), 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 this paragraph “l”, and article VIII, paragraph “d”.
(3) Within fourteen years after a compact facility begins operating, the state designated
to host the next compact facility shall have obtained a license from the responsible licensing
authoritytoconstructandoperatethecompactfacilitythestatehasbeendesignatedtohost. If
the license is not obtained within the specified time, all low-level radioactive waste generated
by any person within the state designated to host the next compact facility shall be denied
accesstothethenoperatingcompactfacility,andtoanynoncompactfacilitymadeavailableto
theregionbyanyagreemententeredintobythecommissionpursuanttoarticleIII,paragraph
“h”, subparagraph (6), 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
paragraph “d”, and article VIII, paragraph “d”. In addition, at the sole option of the host state
ofthethenoperatingcompactfacility, alllow-levelradioactivewastegeneratedbyanyperson
within any party state that has not fully discharged its obligations under paragraph “i”, shall
be denied access to the then operating compact facility, and to a noncompact facility made
available to the region by an agreement entered into by the commission pursuant to article
III, paragraph “h”, subparagraph (6), 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 paragraph “d”, and article VIII,
paragraph “d”. 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 low-level radioactive
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 a noncompact facility
made available to the region by an agreement entered into by the commission pursuant
to article III, paragraph “h”, subparagraph (6). In addition, during such period, at the sole
option of the host state of the then operating compact facility, all low-level radioactive waste
generated by any person within any party state that has not fully discharged its obligations
under paragraph “i”, 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, paragraph “h”, subparagraph (6). 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 this subparagraph
shall not apply if their application is inconsistent with an agreement between the host state
11 MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT, §457B.1
of the then operating compact facility and the commission as authorized in paragraph “i”, or
inconsistent with paragraph “p” or “q”.
(5) During any period that access is denied for low-level radioactive waste disposal
pursuant to paragraph “l”, subparagraph (2), (3), or (4), 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 an 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 paragraph
“l”, subparagraphs (2) and (3), 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 compact 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 working days of its action, demonstrate justification for the closing.
n. A party state that has fully discharged its obligations under paragraph “i” 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 paragraph “i”, or has been relieved under paragraph “e”, 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. Themoneysshallbedepositedintothelong-termcarefund. Exceptwherethematter
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
thecompactfacilityitisdesignatedtohostisscheduledtobeginoperating, thehoststateshall
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
requirethemattertobedecidedthroughbindingarbitration. Themethodofadministrationof
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 this paragraph, 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 compact facility is not
adequate to pay for all long-term care for that compact facility, the commission shall collect
and pay over to the host state of the closed compact 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 compact facility. If a long-term care
fund is exhausted and long-term care expenses for the compact facility with respect to which
the fund was created have been reasonably incurred by the host state of the compact facility,
those expenses are a liability with respect to which generators shall provide indemnification
as provided in article VII, paragraph “g”. Generators that provide indemnification shall have
contribution rights as provided in article VII, paragraph “g”.
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
§457B.1, MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT 12
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 compact 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 compact facility, provided that a host state that has fully discharged
its obligations under paragraph “i”, shall not be required to make such payment.
(2) The host state shall physically segregate low-level radioactive waste disposed of at the
compact facility after this compact is dissolved from low-level radioactive waste disposed of
at the compact 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 compact 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 compact 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 compact facility used for the disposal of low-level radioactive
waste before this compact is dissolved. Such moneys and investment earnings, and moneys
added to the long-term care fund through a distribution authorized by article III, paragraph
“r”, 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. (1) Low-level radioactive waste may be accepted for disposal at a compact facility only
if the generator of the low-level radioactive 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:
(a) Any cost of a remedial action described in article III, paragraph “p”, that, due to
inadequacy of the remedial action fund, is not paid as set forth in that provision.
(b) Any expense for long-term care described in paragraph “o” that, due to exhaustion of
the long-term care fund, is not paid as set forth in that provision.
(c) 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 a noncompact facility made available to the region by an agreement entered into
by the commission pursuant to article III, paragraph “h”, subparagraph (6), or other matter
arisingfromthiscompact. Theagreementalsoshallrequiregeneratorstoindemnifytheparty
state or employee against all reasonable attorney’s fees and expenses incurred in defending
an action for such damages. This indemnification shall not extend to liability based on any
of the following:
(i) The activities of the party states as generators of waste.
(ii) The obligations of the party states to each other and the commission imposed by this
compact or other contracts related to the disposal of low-level radioactive waste under this
compact.
(iii) Activities of a host state or employees thereof that are grossly negligent or willful and
wanton.
(2) The agreement shall provide that the indemnification obligation of generators shall be
13 MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT, §457B.1
joint and several, except that the indemnification obligation of the party states with respect
to their activities as generators of low-level radioactive 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 another 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 low-level radioactive waste
disposed of at the compact facility giving rise to the liability, an employee of such a party
state, and the commission shall not have a 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 low-level radioactive 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, paragraph “g”.
7. 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 generator from storing or treating, on its own premises, low-level
radioactive 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 United States 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 United States nuclear
regulatory commission.
(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 article III, paragraph “m”, and paragraph “f” of this article, no
provision of this compact shall be construed to eliminate or reduce in any way the liability or
responsibility, whether arising under common law, statute, rule, or regulation, of any person
for penalties, fines, or damages to persons, property, or the environment resulting from the
development, construction, operation, closing, or long-term care of a compact facility, or
a noncompact facility made available to the region by an agreement entered into by the
commission pursuant to article III, paragraph “h”, subparagraph (6), or other matter arising
from this compact. The provisions of this compact shall not alter otherwise applicable laws
relating to compensation of employees for workplace injuries.
§457B.1, MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT 14
e. Except as provided in 28 U.S.C. §1251(a), the district courts of the United States have
exclusive jurisdiction to decide cases arising under this compact. This paragraph does not
apply to proceedings within the jurisdiction of state or federal regulatory agencies or to
judicial review of proceedings before state or federal regulatory agencies. This paragraph
shall not be construed to diminish other laws of the United States conferring jurisdiction on
the courts of the United States.
f. For the purposes of activities pursuant to this compact, the sovereign immunity of party
states and employees of party states shall be as follows:
(1) A party state or employee thereof, while acting within the scope of employment, shall
not be subject to suit or held liable for damages to persons, property, or the environment
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, paragraph “h”,
subparagraph (6). This applies whether the claimed liability of the party state or employee
is based on common law, statute, rule, or regulation.
(2) The sovereign immunity granted in subparagraph (1) does not apply to any of the
following:
(a) Actions based upon the activities of the party states as generators of low-level
radioactive waste. With regard to those actions, the sovereign immunity of the party states
shall not be affected by this compact.
(b) Actions based on the obligations of the party states to each other and the commission
imposed by this compact, or other contracts related to the disposal of low-level radioactive
waste under this compact. With regard to those actions, the party states shall have no
sovereign immunity.
(c) Actions against a host state, or employee thereof, when the host state or employee
acted in a grossly negligent or willful and wanton manner.
g. If in an action described in paragraph “f”, subparagraph (1), and not described in
paragraph “f”, subparagraph (2), it is determined that, notwithstanding paragraph “f”,
subparagraph (1), a party state, or employee of that state who acted within the scope of
employment, isliablefordamagesorhasliabilityforothermattersarisingunderthiscompact
as described in article VI, paragraph “s”, subparagraph (3), subparagraph division (c), the
generators who caused waste to be placed at the compact facility with respect to which the
liability was incurred shall indemnify the party state or employee against that liability. Those
generators also shall indemnify the party state or employee against all reasonable attorney’s
fees and expenses incurred in defending against any such action. The indemnification
obligation of generators under this paragraph shall be joint and several, except that the
indemnification obligation of 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 each state has disposed of at the compact facility giving rise to the liability. Among
generators, there shall be rights of contribution based upon equitable principles, and
generators shall have rights of contribution against another person responsible for damages
under common law, statute, rule, or regulation. A party state that through its own activities
did not generate low-level radioactive waste disposed of at the compact facility giving rise
to the liability, an employee of a party state, and the commission shall have no contribution
obligation under this paragraph. This paragraph shall not be construed as a waiver of the
sovereign immunity provided for in paragraph “f”, subparagraph (1).
h. The sovereign immunity of a party state provided for in paragraph “f”, subparagraph
(1), shall not be extended to a private contractor assigned responsibilities as authorized in
article VI, paragraph “g”.
8. Article VIII — Eligible parties, withdrawal, revocation, suspension of access, entry into
force, and termination.
a. Any state may petition the commission to be eligible for membership in the compact.
The commission may establish appropriate eligibility requirements. These requirements
may include, but are not limited to, an eligibility fee or designation as a host state. A
petitioning state becomes eligible for membership in the compact upon the approval of the
commission, including the affirmative vote of the member from each host state in which a
15 MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT, §457B.1
compact facility is operating or being developed or constructed. Any state becoming eligible
upon the approval of the commission becomes a member of the compact when the state
enacts this compact into law and pays the eligibility fee established by the commission.
b. The commission is formed upon the appointment of commission members and the
tender of the membership fee payable to the commission by three party states. The governor
ofthefirststatetoenactthiscompactshallconvenetheinitialmeetingofthecommission. 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.
c. A party state that has fully discharged its obligations under article VI, paragraph “i”,
or has been relieved under article VI, paragraph “e”, of its responsibilities to serve as a
host state, may withdraw from this compact by repealing the authorizing legislation and
by receiving the unanimous consent of the commission. Withdrawal takes effect on the
date specified in the commission resolution consenting to withdrawal. All legal rights of
the withdrawn state established under this compact, including, but not limited to, the right
to have low-level radioactive waste generated within its borders disposed of at compact
facilities, cease upon the effective date of withdrawal, but any legal obligations of that party
state under this compact, including, but not limited to, those set forth in paragraph “e”
continue until they are fulfilled.
d. Any party state that fails to comply with the terms of this compact or fails to fulfill
its obligations may have reasonable financial penalties imposed against it, may have the
right to have low-level radioactive waste generated within its borders disposed of at compact
facilities, or a noncompact facility made available to the region by an agreement entered into
by the commission pursuant to article III, paragraph “h”, subparagraph (6), suspended, or
may have its membership in the compact revoked by a two-thirds vote of the commission,
provided that the membership of the party state designated to host the next compact facility
shall not be revoked unless the member from the host state of a then operating compact
facility votes in the affirmative. Revocation takes effect on the date specified in the resolution
revoking the party state’s membership. All legal rights of the revoked party state established
under this compact, including, but not limited to, the right to have low-level radioactive waste
generated within its borders disposed of at compact facilities, cease upon the effective date of
revocation, but any legal obligations of that party state under this compact, including, but not
limited to, those set forth in paragraph “e” continue until they are fulfilled. The chairperson
of the commission shall transmit written notice of a revocation of a party state’s membership
in the compact, suspension of a party state’s low-level radioactive waste disposal rights, or
imposition of financial penalties immediately following the vote of the commission to the
governor of the affected party state, governors of all the other party states, and the Congress
of the United States.
e. A party state that withdraws from this compact or has its membership in the compact
revoked before it has fully discharged its obligations under article VI forthwith shall repay
to the commission 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 the commission determines is fair and equitable, taking into consideration the period
of time the compact facility located in that host state was in operation and the amount of
low-level radioactive waste disposed of at the compact facility. If at any time after a compact
facility begins operating, a party state withdraws from the compact or has its membership
revoked, the withdrawing or revoked party state shall be obligated forthwith to pay to the
commission, the amount the commission determines would have been paid under the fee
system established by the host state of the compact facility, to dispose of at the compact
facility the estimated volume of low-level radioactive waste generated in the withdrawing or
revoked party state that would have been disposed of at the compact facility from the time of
withdrawal or revocation until the time the compact facility is closed. Any funds so paid to
the commission shall be distributed by the commission to the persons who would have been
entitled to receive the funds had they originally been paid to dispose of low-level radioactive
waste at the facility. Any person receiving funds from the commission shall apply the funds to
the purposes to which they would have been applied had they originally been paid to dispose
§457B.1, MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT 16
of low-level radioactive waste at the compact facility. In addition, a withdrawing or revoked
partystateforthwithshallpaytothecommissionanamountthecommissiondeterminestobe
necessarytocoverallothercostsanddamagesincurredbythecommissionandtheremaining
party states as a result of the withdrawal or revocation. The intention of this paragraph is to
eliminate a decrease in revenue resulting from withdrawal of a party state or revocation of
a party state’s membership, to eliminate financial harm to the remaining party states, and to
create an incentive for party states to continue as members of the compact and to fulfill their
obligations. This paragraph shall be construed and applied so as to effectuate this intention.
f. Any party state whose right to have low-level radioactive waste generated within its
bordersdisposedofatcompactfacilitiesissuspendedbythecommission,shallpaytothehost
state of the compact facility to which access has been suspended the amount the commission
determines is reasonably necessary to ensure that the host state, or any political subdivision
thereof, does not incur financial loss as a result of the suspension of access.
g. This compact becomes effective upon enactment by at least three eligible states and
consent to this compact by the Congress. The consent given to this compact by the Congress
shall extend to any future admittance of new party states and to the power of the commission
to regulate the shipment and disposal of waste and disposal of naturally occurring and
accelerator-produced radioactive material pursuant to this compact. Amendments to this
compact are effective when enacted by all party states and, if necessary, consented to by the
Congress. To the extent required by the Low-Level Radioactive Waste Policy Amendments
Act of 1985, 42 U.S.C. §2021(d)(4)(d), every five years after this compact has taken effect,
the Congress by law may withdraw its consent.
h. The withdrawal of a party state from this compact, the suspension of low-level
radioactive waste disposal rights, the termination of a party state’s designation as a
host state, or the revocation of a state’s membership in this compact does not affect the
applicability of this compact to the remaining party states.
i. (1) This compact may be dissolved and the obligations arising under this compact may
be terminated only as follows:
(a) Through unanimous agreement of all party states expressed in duly enacted
legislation; or
(b) Through withdrawal of consent to this compact by the Congress under Article I,
section 10, of the United States Constitution, in which case dissolution shall take place one
hundred twenty days after the effective date of the withdrawal of consent.
(2) Unless explicitly abrogated by the state legislation dissolving this compact, or
if dissolution results from withdrawal of congressional consent, the limitations on the
investment and use of long-term care funds in article VI, paragraph “o” and paragraph “q”,
subparagraph (4), the contractual obligations in article V, paragraph “f”, the indemnification
obligations and contribution rights in article VI, paragraphs “o” and “s”, and article VII,
paragraph “g”, and the operation rights indemnification and hold-harmless obligations in
article VI, paragraph “q”, shall remain in force notwithstanding dissolution of this compact.
9. Article IX — Penalties and enforcement.
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. The parties to this compact intend that the courts of the United States shall specifically
enforce the obligations, including the obligations of party states and revoked or withdrawn
party states, established by this compact.
c. The commission, an affected party state, or both may obtain injunctive relief, recover
damages, or both to prevent or remedy violations of this compact.
d. Each party state acknowledges that the transport into a host state of low-level
radioactive waste packaged or transported in violation of applicable laws, rules, and
regulations may result in the imposition of sanctions by the host state which may include
reasonable financial penalties assessed against any generator, transporter, or collector
responsible for the violation, or suspension or revocation of access to the compact facility in
the host state by a generator, transporter, or collector responsible for the violation.
e. Each party state has the right to seek legal recourse against a party state which acts in
violation of this compact.
17 MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT, §457B.1
f. This compact shall not be construed to create a cause of action for a person other than
a party state or the commission. Nothing in this paragraph shall limit the right of judicial
reviewsetforthinarticleIII,paragraph“n”, subparagraph(3), ortherightsofcontributionset
forthinarticleIII,paragraph“p”, articleVI,paragraphs“o”and“s”, andarticleVII,paragraph
“g”.
10. Article X — Severability and construction. The provisions of this compact shall be
severable and if any provision of this compact is finally determined by a court of competent
jurisdiction to be contrary to the constitution of a participating state or of the United States
or the application thereof to a person or circumstance is held invalid, the validity of the
remainder of this compact to that person or circumstance and the applicability of the entire
compact to any other person or circumstance shall not be affected thereby. If a provision
of this compact shall be held contrary to the constitution of a state participating therein, the
compactshallremaininfullforceandeffectastothestateaffectedastoallseverablematters.
If any provision of this compact imposing a financial obligation upon a party state, or a state
that has withdrawn from this compact or had its membership in this compact revoked, is
finally determined by a court of competent jurisdiction to be unenforceable due to the state’s
constitutional limitations on its ability to pay the obligation, then that state shall use its best
efforts to obtain an appropriation to pay the obligation, and, if the state is a party state, its
right to have low-level radioactive waste generated within its borders disposed of at compact
facilities, or a noncompact facility made available to the region by an agreement entered
into by the commission pursuant to article III, paragraph “h”, subparagraph (6), shall be
suspended until the appropriation is obtained.