§ 13-29-1-5 — Rights and obligations of party states

Indiana § 13-29-1-5

• Jurisdiction: Indiana
• Art. 29: INTERSTATE COMPACTS
• Ch. 1: Midwest Interstate Compact on Low-Level Radioactive

Text

ARTICLE V. RIGHTS AND OBLIGATIONS
OF PARTY STATES
a. Each party state shall act in good faith in the performance of acts
and courses of conduct which are intended to ensure the provision of
facilities for regional availability and usage in a manner consistent with
this compact.
b. Except for waste attributable to radioactive material or waste
imported into the region in order to render the material or waste
amenable to transportation, storage, disposal, or recovery, or in order
to convert the waste or material to another usable material, or to reduce
it in volume or otherwise treat it, each party state has the right to have
all wastes generated within its borders disposed of at compact facilities
subject to the payment of all fees established by the host state under
Article VI(j) of this compact and to the provisions contained in Articles
VI(l), VI(s), VIII(d), IX(d), and X of this compact. All party states have
an equal right of access to any facility made available to the region by
any agreement entered into by the Commission pursuant to Article
III(h)(6) of this compact, subject to the provisions of Articles VI(l),
VI(s), VIII(d), and X of this compact.
c. If a party state's right to have waste generated within its borders
disposed of at compact facilities, or at any noncompact facility made
available to the region by an agreement entered into by the
Commission under Article III(h)(6) of this compact, is suspended, no
waste generated within its borders by any person shall be disposed of
at any such facility during the period of the suspension.
d. To the extent permitted by federal law, each party state may
enforce any applicable federal and state laws, regulations and rules
pertaining to the packaging and transportation of waste generated
within or passing through its borders. Nothing in this section shall be
construed to require a party state to enter into any agreement with the
U.S. Nuclear Regulatory Commission.
e. Each party state shall provide to the Commission any data and
information the Commission requires to implement its responsibilities.
Each party state shall establish the capability to obtain any data and
information required by the Commission.
f. If, notwithstanding the sovereign immunity provision in Article
VII(f)(1) and the indemnification provided for in Articles III(p), VI(o),
and VII(g) of this compact, a party state incurs a cost as a result of an
inadequate remedial action fund or an exhausted long-term care fund,
or incurs a liability as a result of an action described in Article VII(f)(1)
and not described in Article VII(f)(2) of this compact, the cost or
liability shall be the pro rata obligation of each party state and each
state that has withdrawn from this compact or had its membership in
this compact revoked. The Commission shall determine each state's pro
rata obligation in a fair and equitable manner based on the amount of
waste from each such state that has been or is projected to be disposed
of at the compact facility with respect to which the cost or liability to
be shared was incurred. No state shall be obligated to pay the pro rata
obligation of any other state.
The pro rata obligations provided for in Article V(f) of this compact
do not result in the creation of state debt. Rather, the pro rata
obligations are contractual obligations that shall be enforced by only
the commission or an affected party state.
g. If the party states make payment pursuant to Article V(f) of this
compact, the surcharge or fee provided for in Article III(j) of this
compact shall be used to collect the funds necessary to reimburse the
party states for those payments. The Commission shall determine the
time period over which reimbursement shall take place.
[Pre-1996 Recodification Citation: 13-5-9-5.]

Legislative History

As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.6.