§ 23-19.9-10. Fees, compensation and liability.
(a) Each party state may establish reasonable fees which shall be imposed upon generators,
shippers, or carriers to recover the cost of inspections and other administrative
actions taken under this compact.
(b) A host state may establish reasonable fees and surcharges which shall be imposed upon
users of a regional facility. No distinction in fees or surcharges shall be made among
persons of the several party states to this compact.
(1) A host state shall approve and periodically review operational fee schedules to be
imposed on all users of the regional facility situated within its borders. One fee
schedule shall be established by the operator of the regional facility, under applicable
state and federal regulations, and shall be reasonable and sufficient to cover all
costs related to the development, operation, closure and post-closure observation
and maintenance of the regional facility. The host state shall also establish a schedule
for contributions to an institutional control fund. The party states and the Commission
shall be afforded a reasonable opportunity to review and comment on all proposed fee
schedules.
(2) A host state may establish an additional administrative surcharge per unit of waste
received at any regional facility situated within its borders. The surcharge shall
be sufficient to cover all reasonable costs associated with administrative oversight
and regulation of the facility. A host state may also impose reasonable surcharges
for purposes of host community compensation and development incentives. The Commission
shall be afforded a reasonable opportunity to review and comment on any proposed host
state surcharge.
(c) The Commission is authorized to expend monies from the operating account established
in § 23-19.9-5 for the expenses of any staff and consultants retained pursuant to this compact and
for official Commission business. Financial support for the operating account shall
be provided as follows:
(1) In accordance with the provisions of § 23-19.9-8(b), each eligible state, upon becoming a party state, shall pay an entry fee to the
Commission, which shall be used for administrative costs of the Commission.
(2) The Commission shall impose a "Commission surcharge� per unit of waste received at
any regional facility. The size of the surcharge shall be calculated by the Commission
in its annual budget preparation process after a public hearing pursuant to subsection
(h) of § 23-19.9-5. This surcharge shall be collected for the Commission by the host state.
(3) Until such time as at least one regional facility is in operation and accepting waste
for management, or to the extent that revenues under subdivisions (1) and (2) of this
subsection are unavailable or insufficient to cover the approved annual budget of
the Commission, each party shall pay an apportioned amount of the difference between
the funds available and the total budget in accordance with the following formula:
(i) Twenty percent (20%) in equal shares;
(ii) Thirty percent (30%) in the proportion that the population of the party state bears
to the total population of all party states, according to the most recent U.S. census;
(iii) Fifty percent (50%) in the proportion that the low-level waste originating in each
party state bears to the total waste generated in the region for the most recent calendar
year in which reliable data are available, as determined by the Commission.
(d) It shall be the responsibility of each regional facility's operator or custodial agency
to take all necessary steps to clean up, stabilize and restore the facility and surrounding
areas whenever there has been damage to the facility or surrounding areas which may
cause or contribute to a hazard to the public health or the environment. Any person
who carries on an abnormally dangerous activity involving the management of low-level
waste shall be subject to strict liability for harm to the person, land or property
of another resulting from the activity. This strict liability shall be limited to
the kind of harm, the possibility of which makes the activity abnormally dangerous.
(e) During a regional facility's operational, closure and post-closure periods, the host
state shall ensure the availability of funds and procedures for the facility operator
to satisfy its responsibilities and liabilities under subsection (d), and for the
compensation of injured facility employees. The state may satisfy this obligation
by requiring bonds, insurance or compensation funds of the facility operator, or by
providing bonds, insurance or compensation funds itself, or by any other means or
combination of means. The funds available to satisfy third party liability claims
shall be equal to the maximum amount available from the nuclear insurance pools or
other commercial insurers.
(f) During a regional facility's institutional control period, the custodial agency shall
administer the institutional control funds collected pursuant to subdivision (1) of
subsection (b), for surveillance and all required maintenance of the regional facility,
including any clean-up, stabilization or restoration required by subsection (d). The
custodial agency shall ensure that funds equal to the maximum amount available from
the nuclear insurance pools or other commercial insurers are available to satisfy
third party liability claims.
(g) If all other sources of funds, including federal assistance, have been exhausted,
all party states shall be responsible for the reasonable costs of clean-up, stabilization
and restoration of a regional facility in the proportion that the low-level waste
disposed of at the facility which originated in each party state bears to the total
low-level waste disposed of at the facility. If the clean-up, stabilization or restoration
of the facility has become necessary as the result of gross negligence by the host
state in its regulatory oversight of the regional facility, each party state shall
be entitled to indemnification by the host state of the funds contributed pursuant
to this section.
(h) The Commission shall provide a means of compensation for third party injuries to persons,
land or property, which shall be available only if no other funds, insurance, tort
compensation or other means of satisfying a damage judgment or settlement resulting
from the management of low-level waste are available from the host state or other
entities.
(1) This responsibility shall be met by a special fund, insurance, or other means. The
same fund for compensation shall provide liability coverage for all subsequent and
concurrent regional facilities. The Commission is authorized to take any measures
that may be necessary to implement this section, including the use of a portion of
the fees collected pursuant to subdivision (2) of subsection (c) to establish an independent
insurance entity. Subject to host state approval, an independent insurance entity
shall be exempt from state insurance regulations.
(2) The existence of a special fund or other means of compensation shall not imply any
liability by the Commission, by the party states, or by any of their officials and
staff. Claims or suits for compensation shall be directed against the fund, the insurance
entity or other responsible entity.
(3) The liability of the special fund, insurance entity, or other entity shall be limited
to the amount contained therein at the time a final judgment or settlement awarding
damages is executed.