§ 13-29-1-7 — Other laws and regulations

Indiana § 13-29-1-7

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

Text

ARTICLE VII. OTHER LAWS AND REGULATIONS
a. Nothing in this compact:
1. Abrogates or limits the applicability of any act of the Congress
or diminishes or otherwise impairs the jurisdiction of any federal
agency expressly conferred thereon by the Congress;
2. Prevents the enforcement of any other law of a party state
which is not inconsistent with this compact;
3. Prohibits any generator from storing or treating, on its own
premises, waste generated by it within the region;
4. Affects any administrative or judicial proceeding pending on
the effective date of this compact;
5. Alters the relations between and the respective internal
responsibility of the government of a party state and its
subdivisions;
6. Affects the generation, treatment, storage or disposal of waste
generated by the atomic energy defense activities of the Secretary
of the U.S. Department of Energy or successor agencies or federal
research and development activities as described in 42 U.S.C.
2021;
7. Affects the rights and powers of any party state or its political
subdivisions, to the extent not inconsistent with this compact, to
regulate and license any facility or the transportation of waste
within its borders;
8. Requires a party state to enter into any agreement with the U.S.
Nuclear Regulatory Commission; or
9. Limits, expands, or otherwise affects the authority of a state to
regulate low-level radioactive waste classified by any agency of
the United States government as "below regulatory concern" or
otherwise exempt from federal regulation.
b. If a court of the United States finally determines that a law of a
party state conflicts with this compact, this compact shall prevail to the
extent of the conflict. The Commission shall not commence an action
seeking such a judicial determination unless commencement of the
action is approved by a two-thirds vote of the membership of the
Commission.
c. Except as authorized by this compact, no law, rule or regulation
of a party state or of any of its subdivisions or instrumentalities may be
applied in a manner which discriminates against the generators of
another party state.
d. Except as provided in Articles III(m) and VII(f) of this compact,
no provision of this compact 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 any noncompact facility made available
to the region by any agreement entered into by the Commission
pursuant to Article III(h)(6) of this compact, or any other matter arising
from this compact. The provisions of this compact shall not alter
otherwise applicable laws relating to compensation of employees for
workplace injuries.
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. Article VII(e) of this compact does not apply to
proceedings within the jurisdiction of state or federal regulatory
agencies nor to judicial review of proceedings before state or federal
regulatory agencies. Article VII(e) of this compact 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(h)(6) of this compact. 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 Article VII(f)(1) of this
compact does not apply to any of the following:
a. Actions based upon the activities of the party states as
generators of 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 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 any action described in Article VII(f)(1) and not described
in Article VII(f)(2) of this compact, it is determined that,
notwithstanding Article VII(f)(1) of this compact, a party state, or
employee of that state who acted within the scope of employment, is
liable for damages or has liability for other matters arising under this
compact as described in Article VI(s)(3) of this compact, 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 Article VII(g) of this
compact 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 any other person
responsible for such damages under common law, statute, rule, or
regulation. A party state that through its own activities did not generate
any waste disposed of at the compact facility giving rise to the liability,
an employee of such a party state, and the Commission shall have no
contribution obligation under Article VII(g) of this compact. Article
VII(g) of this compact shall not be construed as a waiver of the
sovereign immunity provided for in Article VII(f)(1) of this compact.
h. The sovereign immunity of a party state provided for in Article
VII(f)(1) of this compact shall not be extended to any private contractor
assigned responsibilities as authorized in Article VI(g) of this compact.
[Pre-1996 Recodification Citation: 13-5-9-7.]

Legislative History

As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.8.