§ 9-6-206 — Generally

The Northwest Interstate Compact on Low-Level Radioactive Waste
Management is hereby enacted into law and entered into by the
State of Wyoming as a party, and is in full force and effect
between the state and any other states joining therein in
accordance with the terms of the compact, which compact is
substantially as follows:
ARTICLE I-POLICY AND PURPOSE
The party states recognize that low-level radioactive wastes are
generated by essential activities and services that benefit the
citizens of the states. It is further recognized that the
protection of the health and safety of the citizens of the party
states and the most economical management of low-level
radioactive wastes can be accomplished through cooperation of
the states in minimizing the amount of handling and
transportation required to dispose of such wastes and through
the cooperation of the states in providing facilities that serve
the region. It is the policy of the party states to undertake
the necessary cooperation to protect the health and safety of
the citizens of the party states and to provide for the most
economical management of low-level radioactive wastes on a
continuing basis. It is the purpose of this compact to provide
the means for such a cooperative effort among the party states
so that the protection of the citizens of the states and the
maintenance of the viability of the states' economies will be
enhanced while sharing the responsibilities of radioactive
low-level waste management.
ARTICLE II-DEFINITIONS
As used in this compact:
(1) "Facility" means any site, location, structure, or
property used or to be used for the storage, treatment, or
disposal of low-level waste, excluding federal waste facilities;
(2) "Low-level waste" means waste material which contains
radioactive nuclides emitting primarily beta or gamma radiation,
or both, in concentrations or quantities which exceed applicable
federal or state standards for unrestricted release. Low-level
waste does not include waste containing more than ten (10)
nanocuries of transuranic contaminants per gram of material, nor
spent reactor fuel, nor material classified as either high-level
waste or waste which is unsuited for disposal by near-surface
burial under any applicable federal regulations;
(3) "Generator" means any person, partnership,
association, corporation, or any other entity whatsoever which,
as a part of its activities, produces low-level radioactive
waste;
(4) "Host state" means a state in which a facility is
located.
ARTICLE III-REGULATORY PRACTICES
Each party state hereby agrees to adopt practices which will
require low-level waste shipments originating within its borders
and destined for a facility within another party state to
conform to the applicable packaging and transportation
requirements and regulations of the host state. Such practices
shall include:
(1) Maintaining an inventory of all generators within the
state that have shipped or expect to ship low-level waste to
facilities in another party state;
(2) Periodic unannounced inspection of the premises of
such generators and the waste management activities thereon;
(3) Authorization of the containers in which such waste
may be shipped, and a requirement that generators use only that
type of container authorized by the state;
(4) Assurance that inspections of the carriers which
transport such waste are conducted by proper authorities, and
appropriate enforcement action taken for violations;
(5) After receiving notification from a host state that a
generator within the party state is in violation of applicable
packaging or transportation standards, the party state will take
appropriate action to assure that such violations do not recur.
Such action may include inspection of every individual low-level
waste shipment by that generator.
Each party state may impose fees upon generators and shippers to
recover the cost of the inspections and other practices under
this article. Nothing in this article shall be construed to
limit any party state's authority to impose additional or more
stringent standards on generators or carriers than those
required under this article.
ARTICLE IV-REGIONAL FACILITIES
(1) Facilities located in any party state, other than
facilities established or maintained by individual low-level
waste generators for the management of their own low-level
waste, shall accept low-level waste generated in any party state
if such waste has been packaged and transported according to
applicable laws and regulations.
(2) No facility located in any party state may accept
low-level waste generated outside of the region comprised of the
party states, except as provided in article V.
(3) Until such time as paragraph (2) of article IV takes
effect, facilities located in any party state may accept
low-level waste generated outside of any of the party states
only if such waste is accompanied by a certificate of compliance
issued by an official of the state in which such waste shipment
originated. Such certificate shall be in such form as may be
required by the host state, and shall contain at least the
following:
(A) The generator's name and address;
(B) A description of the contents of the low-level
waste container;
(C) A statement that the low-level waste being
shipped has been inspected by the official who issued the
certificate or by his agent or by a representative of the United
States Nuclear Regulatory Commission, and found to have been
packaged in compliance with applicable federal regulations and
such additional requirements as may be imposed by the host
state;
(D) A binding agreement by the state of origin to
reimburse any party state for any liability or expense incurred
as a result of an accidental release of such waste during
shipment or after such waste reaches the facility.
(4) Each party state shall cooperate with the other party
states in determining the appropriate site of any facility that
might be required within the region comprised of the party
states, in order to maximize public health and safety while
minimizing the use of any one (1) party state as the host of
such facilities on a permanent basis. Each party state further
agrees that decisions regarding low-level waste management
facilities in their region will be reached through a good faith
process which takes into account the burdens borne by each of
the party states as well as the benefits each has received.
(5) The party states recognize that the issue of hazardous
chemical waste management is similar in many respects to that of
low-level waste management. Therefore, in consideration of the
state of Washington allowing access to its low-level waste
disposal facility by generators in other party states, party
states such as Oregon and Idaho which host hazardous chemical
waste disposal facilities will allow access to such facilities
by generators within other party states. Nothing in this
compact shall be construed to prevent any party state from
limiting the nature and type of hazardous chemical or low-level
wastes to be accepted at facilities within its borders or from
ordering the closure of such facilities, so long as such action
by a host state is applied equally to all generators within the
region comprised of the party states.
(6) Any host state may establish a schedule of fees and
requirements related to its facility, to assure that closure,
perpetual care, and maintenance and contingency requirements are
met, including adequate bonding.
ARTICLE V-NORTHWEST LOW-LEVEL WASTE COMPACT COMMITTEE
The governor of each party state shall designate one (1)
official of that state as the person responsible for
administration of this compact. The officials so designated
shall together comprise the northwest low-level waste compact
committee. The committee shall meet as required to consider
matters arising under this compact. The parties shall inform
the committee of existing regulations concerning low-level waste
management in their states, and shall afford all parties a
reasonable opportunity to review and comment upon any proposed
modifications in such regulations. Notwithstanding any
provision of article IV to the contrary, the committee may enter
into arrangements with states, provinces, individual generators,
or regional compact entities outside the region comprised of the
party states for access to facilities on such terms and
conditions as the committee may deem appropriate. However, it
shall require a two-thirds (2/3) vote of all such members,
including the affirmative vote of the member of any party state
in which a facility affected by such arrangement is located, for
the committee to enter into such arrangement.
ARTICLE VI-ELIGIBLE PARTIES AND EFFECTIVE DATE
(1) Each of the following states is eligible to become a
party to this compact: Alaska, Hawaii, Idaho, Montana, Oregon,
Utah, Washington, and Wyoming. As to any eligible party, this
compact shall become effective upon enactment into law by that
party, but it shall not become initially effective until enacted
into law by two (2) states. Any party state may withdraw from
this compact by enacting a statute repealing its approval.
(2) After the compact has initially taken effect pursuant
to paragraph (1) of this article, any eligible party state may
become a party to this compact by the execution of an executive
order by the governor of the state. Any state which becomes a
party in this manner shall cease to be a party upon the final
adjournment of the next general or regular session of its
legislature or July 1, 1983, whichever occurs first, unless the
compact has by then been enacted as a statute by that state.
(3) Paragraph (2) of article IV of this compact shall take
effect on July 1, 1983, if consent is given by Congress. As
provided by Public Law 96-573, Congress may withdraw its consent
to the compact after every five (5) year period.
ARTICLE VII-SEVERABILITY
If any provision of this compact, or its application to any
person or circumstances, is held to be invalid, all other
provisions of this compact, and the application of all of its
provisions to all other persons and circumstances, shall remain
valid; and to this end the provisions of this compact are
severable.