§ 13-29-1-10 — Severability and construction

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 any participating state
or of the United States or the application thereof to any 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 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. 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obligation upon a party state, or a state that has withdrawn from this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 waste generated within its borders disposed of at compact
facilities, or any noncompact facility made available to the region by
any agreement entered into by the Commission pursuant to Article
III(h)(6) of this compact, shall be suspended until the appropriation is
obtained.
[Pre-1996 Recodification Citation: 13-5-9-10.]

Legislative History

As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.11.