S. 9120 2
(G) "GENERATOR" MEANS A PERSON WHOSE ACTIVITY RESULTS IN THE
PRODUCTION OF LOW-LEVEL WASTE REQUIRING DISPOSAL.
(H) "HAZARDOUS LIFE" MEANS THE TIME REQUIRED FOR RADIOACTIVE MATERIALS
TO DECAY TO SAFE LEVELS, AS DEFINED BY THE TIME PERIOD FOR THE CONCEN-
TRATION OF RADIOACTIVE MATERIALS WITHIN A GIVEN CONTAINER OR PACKAGE TO
DECAY TO MAXIMUM PERMISSIBLE CONCENTRATIONS AS DEFINED BY FEDERAL LAW OR
BY STANDARDS TO BE SET BY A HOST STATE, WHICHEVER IS MORE RESTRICTIVE.
(I) "HOST STATE" MEANS PENNSYLVANIA OR OTHER PARTY STATE SO DESIGNATED
BY THE COMMISSION IN ACCORDANCE WITH ARTICLE 3 OF THIS COMPACT.
(J) "INSTITUTIONAL CONTROL PERIOD" MEANS THE TIME OF THE CONTINUED
OBSERVATION, MONITORING AND CARE OF THE REGIONAL FACILITY FOLLOWING
TRANSFER OF CONTROL FROM THE OPERATOR TO THE CUSTODIAL AGENCY.
(K) "LOW-LEVEL WASTE" MEANS RADIOACTIVE WASTE THAT:
(1) IS NEITHER HIGH-LEVEL WASTE OR TRANSURANIC WASTE, NOR SPENT NUCLE-
AR FUEL, NOR BY-PRODUCT MATERIAL AS DEFINED IN SECTION 1 1(E)(2) OF THE
ATOMIC ENERGY ACT OF 1954 AS AMENDED; AND
(2) IS CLASSIFIED BY THE FEDERAL GOVERNMENT AS LOW-LEVEL WASTE,
CONSISTENT WITH EXISTING LAW; BUT DOES NOT INCLUDE WASTE GENERATED AS A
RESULT OF ATOMIC ENERGY DEFENSE ACTIVITIES OF THE FEDERAL GOVERNMENT, AS
DEFINED IN PUBLIC LAW 96-573, OR FEDERAL RESEARCH AND DEVELOPMENT ACTIV-
ITIES.
(L) "MANAGEMENT" MEANS THE REDUCTION, COLLECTION, CONSOLIDATION, STOR-
AGE, PACKAGING OR TREATMENT OF LOW-LEVEL WASTE.
(M) "OPERATOR" MEANS A PERSON WHO OPERATES A REGIONAL FACILITY.
(N) "PARTY STATE" MEANS ANY STATE THAT HAS BECOME A PARTY IN ACCORD-
ANCE WITH ARTICLE 5 OF THIS COMPACT.
(O) "PERSON" MEANS AN INDIVIDUAL, CORPORATION, PARTNERSHIP OR OTHER
LEGAL ENTITY, WHETHER PUBLIC OR PRIVATE.
(P) "REGION" MEANS THE COMBINED GEOGRAPHICAL AREA WITHIN THE BOUNDA-
RIES OF THE PARTY STATES.
(Q) "REGIONAL FACILITY" MEANS A FACILITY WITHIN ANY PARTY STATE WHICH
HAS BEEN APPROVED BY THE COMMISSION FOR THE DISPOSAL OF LOW-LEVEL WASTE.
(R) "SHALLOW LAND BURIAL" MEANS THE DISPOSAL OF LOW-LEVEL RADIOACTIVE
WASTE DIRECTLY IN SUBSURFACE TRENCHES WITHOUT ADDITIONAL CONFINEMENT IN
ENGINEERED STRUCTURES OR BY PROPER PACKAGING IN CONTAINERS AS DETERMINED
BY THE LAW OF THE HOST STATE.
(S) "TRANSURANIC WASTE" MEANS LOW-LEVEL WASTE CONTAINING RADIONUCLIDES
WITH AN ATOMIC NUMBER GREATER THAN 92 WHICH ARE EXCLUDED FROM SHALLOW-
LAND BURIAL BY THE FEDERAL GOVERNMENT.
ARTICLE 2
THE COMMISSION
(A) CREATION AND ORGANIZATION
(1) CREATION--THERE IS HEREBY CREATED THE APPALACHIAN STATES LOW-LEVEL
RADIOACTIVE WASTE COMMISSION. THE COMMISSION IS HEREBY CREATED AS A BODY
CORPORATE AND POLITIC, WITH SUCCESSION FOR THE DURATION OF THIS COMPACT,
AS AN AGENCY AND INSTRUMENTALITY OF THE GOVERNMENTS OF THE RESPECTIVE
SIGNATORY PARTIES, BUT SEPARATE AND DISTINCT FROM THE RESPECTIVE SIGNA-
TORY PARTY STATES. THE COMMISSION SHALL HAVE CENTRAL OFFICES LOCATED IN
PENNSYLVANIA.
(2) COMMISSION MEMBERSHIP--THE COMMISSION SHALL CONSIST OF TWO VOTING
MEMBERS FROM EACH PARTY STATE TO BE APPOINTED ACCORDING TO THE LAWS OF
EACH PARTY STATE AND TWO ADDITIONAL VOTING MEMBERS FROM EACH HOST STATE
TO BE APPOINTED ACCORDING TO THE LAWS OF EACH HOST STATE. UPON SELECTION
OF THE SITE OF THE REGIONAL FACILITY, AN ADDITIONAL VOTING MEMBER SHALL
BE APPOINTED TO THE COMMISSION WHO SHALL BE A RESIDENT OF THE COUNTY OR
MUNICIPALITY WHERE THE FACILITY IS TO BE LOCATED. THE APPOINTING AUTHOR-
S. 9120 3
ITY OF EACH PARTY STATE SHALL NOTIFY THE COMMISSION IN WRITING OF THE
IDENTITIES OF THE MEMBERS AND OF ANY ALTERNATES. AN ALTERNATE MAY VOTE
AND ACT IN THE MEMBER'S ABSENCE. NO MEMBER SHALL HAVE A FINANCIAL INTER-
EST IN ANY INDUSTRY WHICH GENERATES LOW-LEVEL RADIOACTIVE WASTE, ANY
LOW-LEVEL RADIOACTIVE WASTE REGIONAL FACILITY OR ANY RELATED INDUSTRY
FOR THE DURATION OF THE MEMBER'S TERM. NO MORE THAN ONE-HALF THE MEMBERS
AND ALTERNATES FROM ANY PARTY STATE SHALL HAVE BEEN EMPLOYED BY OR BE
EMPLOYED BY A LOW-LEVEL WASTE GENERATOR OR RELATED INDUSTRY UPON
APPOINTMENT TO OR DURING THEIR TENURE OF OFFICE; PROVIDED, THAT NO
MEMBER SHALL HAVE BEEN EMPLOYED BY OR BE EMPLOYED BY A REGIONAL FACILITY
OPERATOR. NO MEMBER OR ALTERNATE FROM ANY PARTY STATE SHALL ACCEPT
EMPLOYMENT FROM ANY REGIONAL FACILITY OPERATOR OR BROKERS FOR AT LEAST
THREE YEARS AFTER LEAVING OFFICE.
(3) COMPENSATION--MEMBERS OF THE COMMISSION AND ALTERNATES SHALL SERVE
WITHOUT COMPENSATION FROM THE COMMISSION BUT MAY BE REIMBURSED FOR
NECESSARY EXPENSES INCURRED IN AND INCIDENT TO THE PERFORMANCE OF THEIR
DUTIES.
(4) VOTING POWER-EACH COMMISSION MEMBER IS ENTITLED TO ONE VOTE.
UNLESS OTHERWISE PROVIDED IN THIS COMPACT, AFFIRMATIVE VOTES BY A MAJOR-
ITY OF A HOST STATE'S MEMBERS ARE NECESSARY FOR THE COMMISSION TO TAKE
ANY ACTION RELATED TO THE REGIONAL FACILITY AND THE DISPOSAL AND MANAGE-
MENT OF LOW-LEVEL WASTE WITHIN THAT HOST STATE.
(5) ORGANIZATION AND PROCEDURE--
(A) THE COMMISSION SHALL PROVIDE FOR ITS OWN ORGANIZATION AND PROCE-
DURES AND SHALL ADOPT BY-LAWS NOT INCONSISTENT WITH THIS COMPACT AND ANY
RULES AND REGULATIONS NECESSARY TO IMPLEMENT THIS COMPACT. IT SHALL MEET
AT LEAST ONCE A YEAR IN THE COUNTY SELECTED TO HOST A REGIONAL FACILITY
AND SHALL ELECT A CHAIRMAN AND VICE CHAIRMAN FROM AMONG ITS MEMBERS. IN
THE ABSENCE OF THE CHAIRMAN, THE VICE CHAIRMAN SHALL SERVE.
(B) ALL MEETINGS OF THE COMMISSION SHALL BE OPEN TO THE PUBLIC WITH AT
LEAST 14 DAYS' ADVANCE NOTICE, EXCEPT THAT THE CHAIRMAN MAY CONVENE AN
EMERGENCY MEETING WITH LESS ADVANCE NOTICE. EACH MUNICIPALITY AND COUNTY
SELECTED TO HOST A REGIONAL FACILITY SHALL BE SPECIFICALLY NOTIFIED IN
ADVANCE OF ALL COMMISSION MEETINGS. ALL MEETINGS OF THE COMMISSION SHALL
BE CONDUCTED IN A MANNER THAT SUBSTANTIALLY CONFORMS TO THE ADMINISTRA-
TIVE PROCEDURE ACT (5 U.S.C. CH.5, SUBCH.1I, AND CH.'7). THE COMMISSION
MAY, BY A TWO-THIRDS VOTE, INCLUDING APPROVAL OF A MAJORITY OF EACH HOST
STATE'S COMMISSION MEMBERS, HOLD AN EXECUTIVE SESSION CLOSED TO THE
PUBLIC FOR THE PURPOSE OF: CONSIDERING OR DISCUSSING LEGALLY PRIVILEGED
OR PROPRIETARY INFORMATION; TO CONSIDER DISMISSAL, DISCIPLINING OF OR
HEARING COMPLAINTS OR CHARGES BROUGHT AGAINST AN EMPLOYEE OR OTHER
PUBLIC AGENT UNLESS SUCH PERSON REQUESTS SUCH PUBLIC HEARING; OR TO
CONSULT WITH ITS ATTORNEY REGARDING INFORMATION OR STRATEGY IN
CONNECTION WITH SPECIFIC LITIGATION. THE REASON FOR THE EXECUTIVE
SESSION MUST HE ANNOUNCED AT LEAST 14 DAYS PRIOR TO THE EXECUTIVE
SESSION, EXCEPT THAT THE CHAIRMAN MAY CONVENE AN EMERGENCY MEETING WITH
LESS ADVANCE NOTICE, IN WHICH CASE THE REASON FOR THE EXECUTIVE SESSION
MUST BE ANNOUNCED AT THE OPEN MEETING IMMEDIATELY-SUBSEQUENT TO THE
EXECUTIVE SESSION. ALL ACTION TAKEN IN VIOLATION OF THIS OPEN MEETING
PROVISION SHALL BE NULL AND VOID.
(C) DETAILED WRITTEN MINUTES SHALL BE KEPT OF ALL MEETINGS OF THE
COMMISSION. ALL DECISIONS, FILES, RECORDS AND DATA OF THE COMMISSION,
EXCEPT FOR INFORMATION PRIVILEGED AGAINST INTRODUCTION IN JUDICIAL
PROCEEDINGS, PERSONNEL RECORDS AND MINUTES OF A PROPERLY CONVENED EXECU-
TIVE SESSION, SHALL BE OPEN TO PUBLIC INSPECTION SUBJECT TO A PROCEDURE
THAT SUBSTANTIALLY CONFORMS TO THE FREEDOM OF INFORMATION ACT (PUBLIC
S. 9120 4
LAW 89-554, 5 U.S.C. § 552) AND APPLICABLE PENNSYLVANIA LAW AND MAY BE
COPIED UPON REQUEST AND PAYMENT OF FEES WHICH SHALL BE NO HIGHER THAN
NECESSARY TO RECOVER COPYING COSTS.
(D) THE COMMISSION SHALL SELECT AN APPROPRIATE STAFF, INCLUDING AN
EXECUTIVE DIRECTOR, TO CARRY OUT THE DUTIES AND FUNCTIONS ASSIGNED BY
THE COMMISSION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMIS-
SION MAY HIRE AND/OR RETAIN ITS OWN LEGAL COUNSEL.
(E) ANY PERSON AGGRIEVED BY A FINAL DECISION OF THE COMMISSION WHICH
ADVERSELY AFFECTS THE LEGAL RIGHTS, DUTIES OR PRIVILEGES OF SUCH PERSON
MAY PETITION A COURT OF COMPETENT JURISDICTION, WITHIN 60 DAYS AFTER THE
COMMISSION'S FINAL DECISION, TO OBTAIN JUDICIAL REVIEW OF SAID FINAL
DECISIONS.
(F) LIABILITIES OF THE COMMISSION SHALL NOT BE DEEMED LIABILITIES OF
THE PARTY STATES. MEMBERS OF THE COMMISSION SHALL NOT BE PERSONALLY
LIABLE FOR ACTIONS TAKEN IN THEIR OFFICIAL CAPACITY.
B. POWERS AND DUTIES
THE COMMISSION:
(A) SHALL CONDUCT RESEARCH AND ESTABLISH REGULATIONS TO PROMOTE A
REASONABLE REDUCTION OF VOLUME AND CURIE CONTENT OF LOW-LEVEL WASTES
GENERATED IN THE REGION. THE REGULATIONS SHALL BE REVIEWED AND, IF
NECESSARY, REVISED BY THE COMMISSION AT LEAST ANNUALLY.
(B) SHALL ENSURE, TO THE EXTENT AUTHORIZED BY FEDERAL LAW, THAT LOW-
LEVEL WASTES ARE SAFELY DISPOSED OF WITHIN THE REGION EXCEPT THAT THE
COMMISSION SHALL HAVE NO POWER OR AUTHORITY TO LICENSE, REGULATE OR
OTHERWISE DEVELOP A REGIONAL FACILITY, SUCH POWERS AND AUTHORITY BEING
RESERVED FOR THE HOST STATE(S) AS PERMITTED UNDER THE LAW.
(C) SHALL DESIGNATE AS "HOST STATES" ANY PARTY STATE WHICH GENERATES
25 PERCENT OR MORE OF PENNSYLVANIA'S VOLUME OR TOTAL CURIE CONTENT OF
LOW-LEVEL WASTE GENERATED BASED ON A COMPARISON OF AVERAGES OVER THREE
SUCCESSIVE YEARS, AS DETERMINED BY THE COMMISSION. THIS DETERMINATION
SHALL BE BASED ON VOLUME OR TOTAL CURIE CONTENT, WHICHEVER IS GREATER.
(D) SHALL ENSURE, TO THE EXTENT AUTHORIZED BY FEDERAL LAW, THAT LOW-
LEVEL WASTE PACKAGES BROUGHT INTO THE REGIONAL FACILITY FOR DISPOSAL
CONFORM TO APPLICABLE STATE AND FEDERAL REGULATIONS. LOW-LEVEL WASTE
BROKERS OR GENERATORS WHO VIOLATE THESE REGULATIONS WILL BE SUBJECT TO A
FINE OR OTHER PENALTY IMPOSED BY THE COMMISSION, INCLUDING RESTRICTED
ACCESS TO A REGIONAL FACILITY. THE COMMISSION MAY IMPOSE SUCH FINES
AND/OR PENALTIES IN ADDITION TO ANY OTHER PENALTY LEVIED BY THE PARTY
STATES PURSUANT TO ARTICLE 4(D).
(E) SHALL ESTABLISH SUCH ADVISORY COMMITTEES AS IT DEEMS NECESSARY FOR
THE PURPOSE OF ADVISING THE COMMISSION ON MATTERS PERTAINING TO THE
MANAGEMENT AND DISPOSAL OF LOW-LEVEL WASTE.
(F) MAY CONTRACT TO ACCOMPLISH ITS DUTIES AND EFFECTUATE ITS POWERS
SUBJECT TO PROJECTED AVAILABLE RESOURCES. NO CONTRACT MADE BY THE
COMMISSION SHALL BIND A PARTY STATE.
(G) SHALL PREPARE CONTINGENCY PLANS FOR MANAGEMENT AND DISPOSAL OF
LOW-LEVEL WASTE IN THE EVENT ANY REGIONAL FACILITY SHOULD BE CLOSED OR
OTHERWISE UNAVAILABLE.
(H) SHALL EXAMINE ALL RECORDS OF OPERATORS OF REGIONAL FACILITIES
PERTAINING TO OPERATING COSTS, PROFITS OR THE ASSESSMENT OR COLLECTION
OF ANY CHARGE, FEE OR SURCHARGE AND MAY MAKE RECOMMENDATIONS TO THE HOST
STATE(S) WHICH SHALL REVIEW THE RECOMMENDATIONS IN ACCORDANCE WITH ITS
(THEIR) OWN SOVEREIGN LAWS.
(I) SHALL HAVE THE POWER TO SUE AND BE SUED SUBJECT TO ARTICLE
2(A)(5)(E) AND MAY SEEK TO INTERVENE IN ANY ADMINISTRATIVE OR JUDICIAL
PROCEEDING.
S. 9120 5
(J) SHALL ASSEMBLE AND MAKE AVAILABLE, TO THE PARTY STATES AND TO THE
PUBLIC, INFORMATION CONCERNING LOW-LEVEL WASTE MANAGEMENT AND DISPOSAL
NEEDS, TECHNOLOGIES AND PROBLEMS.
(K) SHALL KEEP CURRENT AND ANNUAL INVENTORIES OF ALL GENERATORS BY
NAME AND QUANTITY OF LOW-LEVEL WASTE GENERATED WITHIN THE REGION, BASED
UPON INFORMATION PROVIDED BY THE PARTY STATES. INVENTORY INFORMATION
SHALL INCLUDE BOTH VOLUME IN CUBIC FEET AND TOTAL CURIE CONTENT OF THE
LOW-LEVEL WASTE AND ALL AVAILABLE INFORMATION ON CHEMICAL COMPOSITION
AND TOXICITY OF SUCH WASTES.
(L) SHALL KEEP AN INVENTORY OF ALL REGIONAL FACILITIES AND SPECIALIZED
FACILITIES, INCLUDING, BUT NOT NECESSARILY RESTRICTED TO, INFORMATION ON
THEIR SIZE, CAPACITY AND LOCATION, AS WELL AS SPECIFIC WASTES CAPABLE OF
BEING MANAGED, AND THE PROJECTED USEFUL LIFE OF EACH REGIONAL FACILITY.
(M) SHALL MAKE AND PUBLISH AN ANNUAL REPORT TO THE GOVERNORS OF THE
SIGNATORY PARTY STATES AND TO THE PUBLIC DETAILING ITS PROGRAMS, OPER-
ATIONS AND FINANCES, INCLUDING COPIES OF THE ANNUAL BUDGET AND THE INDE-
PENDENT AUDIT REQUIRED BY THIS COMPACT.
(N) NOTWITHSTANDING ANY OTHER PROVISION OF THIS COMPACT TO THE CONTRA-
RY, MAY, WITH THE UNANIMOUS APPROVAL OF THE COMMISSION MEMBERS OF THE
HOST STATE(S), ENTER INTO TEMPORARY AGREEMENTS WITH NON-PARTY STATES OR
OTHER REGIONAL BOARDS FOR THE EMERGENCY DISPOSAL OF LOW-LEVEL WASTE AT
THE REGIONAL FACILITY, IF SO AUTHORIZED BY LAW(S) OF THE HOST STATE(S),
OR OTHER DISPOSAL FACILITIES LOCATED IN STATES THAT ARE NOT PARTIES TO
THIS AGREEMENT.
(O) SHALL PROMULGATE REGULATIONS, PURSUANT TO HOST STATE LAW, TO
SPECIFICALLY GOVERN AND DEFINE EXACTLY WHAT WOULD CONSTITUTE AN EMERGEN-
CY SITUATION AND EXACTLY WHAT RESTRICTIONS AND LIMITATIONS WOULD BE
PLACED ON TEMPORARY AGREEMENTS.
(P) SHALL NOT ACCEPT ANY DONATIONS, GRANTS, EQUIPMENT, SUPPLIES, MATE-
RIALS OR SERVICES, CONDITIONAL OR OTHERWISE, FROM ANY SOURCE, EXCEPT
FROM ANY FEDERAL AGENCY AND FROM PARTY STATES WHICH ARE CERTIFIED AS
BEING LEGAL AND PROPER UNDER THE LAWS OF THE DONATING PARTY STATE.
(C) BUDGET AND OPERATION
(1) FISCAL YEAR - THE COMMISSION SHALL ESTABLISH A FISCAL YEAR WHICH
CONFORMS TO THE FISCAL YEAR OF THE COMMONWEALTH OF PENNSYLVANIA.
(2) CURRENT EXPENSE BUDGET - UPON LEGISLATIVE ENACTMENT OF THIS
COMPACT BY TWO PARTY STATES AND EACH YEAR UNTIL THE REGIONAL FACILITY
BECOMES AVAILABLE, THE COMMISSION SHALL ADOPT A CURRENT EXPENSE BUDGET
FOR ITS FISCAL YEAR. THE BUDGET SHALL INCLUDE THE COMMISSION'S ESTIMATED
EXPENSES FOR ADMINISTRATION. SUCH EXPENSES SHALL BE ALLOCATED TO THE
PARTY STATES ACCORDING TO THE FOLLOWING FORMULA:
EACH DESIGNATED INITIAL HOST STATE WILL BE ALLOCATED COSTS EQUAL TO
TWICE THE COSTS OF THE OTHER PARTY STATES, BUT SUCH COSTS WILL NOT
EXCEED $200,000.
EACH REMAINING PARTY STATE WILL BE ALLOCATED A COST OF ONE HALF THE
COST OF THE INITIAL HOST STATE, BUT SUCH COSTS WILL NOT EXCEED $100,000.
THE PARTY STATES WILL INCLUDE THE AMOUNTS ALLOCATED ABOVE IN THEIR
RESPECTIVE BUDGETS, SUBJECT TO SUCH REVIEW AND APPROVAL AS MAY BE
REQUIRED BY THEIR RESPECTIVE BUDGETARY PROCESSES. SUCH AMOUNTS SHALL BE
DUE AND PAYABLE TO THE COMMISSION IN QUARTERLY INSTALLMENTS DURING THE
FISCAL YEAR.
(3) ANNUAL BUDGET REQUEST - FOR CONTINUED FUNDING OF ITS ACTIVITIES
THE COMMISSION SHALL SUBMIT AN ANNUAL BUDGET REQUEST TO EACH PARTY STATE
FOR FUNDING, BASED UPON THE PERCENTAGE OF THE REGION'S WASTE GENERATED
IN EACH STATE IN THE REGION, AS REPORTED IN THE LATEST AVAILABLE ANNUAL
INVENTORY REQUIRED UNDER ARTICLE 2(B)(K). THE PERCENTAGE OF WASTE SHALL
S. 9120 6
BE BASED ON VOLUME OF WASTE OR TOTAL CURIE CONTENT AS DETERMINED BY THE
COMMISSION.
(4) ANNUAL REPORT TO INCLUDE BUDGET - THE COMMISSION SHALL PREPARE AND
INCLUDE IN THE ANNUAL REPORT A BUDGET SHOWING ANTICIPATED RECEIPTS AND
DISBURSEMENTS FOR THE ENSUING YEAR.
(5) ANNUAL INDEPENDENT AUDIT--
(A) AS SOON AS PRACTICABLE AFTER THE CLOSING OF THE FISCAL YEAR, AN
AUDIT SHALL BE MADE OF THE FINANCIAL ACCOUNTS OF THE COMMISSION. THE
AUDIT SHALL BE MADE BY QUALIFIED CERTIFIED PUBLIC ACCOUNTANTS SELECTED
BY THE COMMISSION, WHO HAVE NO PERSONAL DIRECT OR INDIRECT INTEREST IN
THE FINANCIAL AFFAIRS OF THE COMMISSION OR ANY OF ITS OFFICERS OR
EMPLOYEES. THE REPORT OF AUDIT SHALL BE PREPARED IN ACCORDANCE WITH
ACCEPTED ACCOUNTING PRACTICES AND SHALL BE FILED WITH THE CHAIRMAN AND
SUCH OTHER OFFICERS AS THE COMMISSION SHALL DIRECT. COPIES OF THE REPORT
SHALL BE DISTRIBUTED TO EACH COMMISSION MEMBER AND SHALL BE MADE AVAIL-
ABLE FOR PUBLIC DISTRIBUTION.
(B) EACH SIGNATORY PARTY, BY ITS DULY AUTHORIZED OFFICERS, SHALL BE
ENTITLED TO EXAMINE AND AUDIT AT ANY TIME ALL OF THE BOOKS, DOCUMENTS,
RECORDS, FILES AND ACCOUNTS AND ALL OTHER PAPERS, THINGS OR PROPERTY OF
THE COMMISSION. THE REPRESENTATIVES OF THE SIGNATORY PARTIES SHALL HAVE
ACCESS TO ALL BOOKS, DOCUMENTS, RECORDS, ACCOUNTS, REPORTS, FILES AND
ALL OTHER PAPERS, THINGS OR PROPERTY BELONGING TO OR IN USE BY THE
COMMISSION AND NECESSARY TO FACILITATE THE AUDIT; AND THEY SHALL BE
AFFORDED FULL FACILITIES FOR VERIFYING TRANSACTIONS WITH THE BALANCES OR
SECURITIES HELD BY DEPOSITARIES, FISCAL AGENTS AND CUSTODIANS.
ARTICLE 3
RIGHTS, RESPONSIBILITIES AND OBLIGATIONS OF PARTY STATES
(A) REGIONAL FACILITIES
THERE SHALL BE REGIONAL FACILITIES SUFFICIENT TO DISPOSE OF THE LOW-
LEVEL WASTE GENERATED WITHIN THE REGION. EACH REGIONAL FACILITY SHALL BE
CAPABLE OF DISPOSING OF SUCH LOW-LEVEL WASTE BUT IN THE FORM(S) REQUIRED
BY REGULATIONS OR LICENSE CONDITIONS. SPECIALIZED FACILITIES FOR PARTIC-
ULAR TYPES OF LOW-LEVEL WASTE MANAGEMENT, REDUCTION OR TREATMENT MAY NOT
BE DEVELOPED IN ANY PARTY STATE UNLESS THEY ARE IN ACCORDANCE WITH THE
LAWS AND REGULATIONS OF SUCH STATE AND APPLICABLE FEDERAL LAWS AND REGU-
LATIONS.
(B) EQUAL ACCESS TO REGIONAL FACILITIES
EACH PARTY STATE SHALL HAVE EQUAL ACCESS AS OTHER PARTY STATES TO
REGIONAL FACILITIES LOCATED WITHIN THE REGION AND ACCEPTING LOW-LEVEL
WASTE, PROVIDED, HOWEVER, THAT THE HOST STATE MAY CLOSE THE REGIONAL
FACILITY LOCATED WITHIN ITS BORDERS WHEN NECESSARY FOR PUBLIC HEALTH AND
SAFETY. HOWEVER, A HOST STATE SHALL SEND NOTIFICATION TO THE COMMISSION
IN WRITING WITHIN THREE (3) DAYS OF ITS ACTION AND SHALL, WITHIN THIRTY
(30) WORKING DAYS, PROVIDE IN WRITING THE REASONS FOR THE CLOSING.
(C) INITIAL HOST STATE
PENNSYLVANIA AND PARTY STATES WHICH GENERATED 25 PERCENT OR MORE OF THE
VOLUME OR CURIES OF LOW-LEVEL WASTE GENERATED BY PENNSYLVANIA, BASED ON
A COMPARISON OF AVERAGES OVER THE THREE YEARS 1982 THROUGH 1984, ARE
DESIGNATED AS "INITIAL HOST STATES" AND ARE REQUIRED TO DEVELOP AND HOST
LOW-LEVEL WASTE SITES AS REGIONAL FACILITIES. THE PERCENTAGE OF WASTE
FROM EACH STATE SHALL BE DETERMINED BY CUBIC FOOT VOLUME OR TOTAL CURIE
CONTENT, WHICHEVER IS GREATER.
(D) EXEMPTION FROM BEING INITIAL HOST SITE
PARTY STATES WHICH GENERATED LESS THAN 25 PERCENT OF THE VOLUME OR
CURIES OF LOW-LEVEL WASTE GENERATED BY PENNSYLVANIA, BASED ON A COMPAR-
ISON OF AVERAGES OVER THE YEARS 1982 THROUGH 1984, SHALL BE EXEMPT FROM
S. 9120 7
INITIAL HOST STATE RESPONSIBILITIES. THESE STATES SHALL CONTINUE TO BE
EXEMPT AS LONG AS THEY GENERATE LESS THAN THE 25 PERCENT THRESHOLD OVER
SUCCESSIVE 3-YEAR PERIODS. ONCE A STATE GENERATES AN AVERAGE OF 25
PERCENT OR MORE OF THE VOLUME OR CURIES GENERATED BY PENNSYLVANIA OVER A
SUCCESSIVE 3-YEAR PERIOD, IT SHALL BE DESIGNATED AS A "HOST STATE" FOR A
30-YEAR PERIOD BY THE COMMISSION AND SHALL IMMEDIATELY INITIATE DEVELOP-
MENT, OF A REGIONAL FACILITY TO BE OPERATIONAL WITHIN FIVE YEARS. SUCH
HOST STATE SHALL BE PREPARED TO ACCEPT AT ITS REGIONAL FACILITY LOW-LEV-
EL WASTE AT LEAST EQUAL TO THAT GENERATED IN THE STATE. WITH COMMISSION
APPROVAL, ANY PARTY STATE MAY VOLUNTEER TO HOST A REGIONAL FACILITY. THE
PERCENTAGE OF WASTE FROM EACH STATE SHALL BE DETERMINED BY EITHER A
CUBIC FOOT VOLUME OR TOTAL CURIE CONTENT, WHICHEVER IS GREATER.
(E) USEFUL LIFE OF REGIONAL FACILITIES
PENNSYLVANIA AND OTHER HOST STATES ARE OBLIGATED TO DEVELOP REGIONAL
FACILITIES FOR THE DURATION OF THIS COMPACT. ALL REGIONAL FACILITIES
SHALL BE DESIGNED FOR AT LEAST A 30-YEAR USEFUL LIFE. AT THE END OF THE
FACILITY'S LIFE, NORMAL CLOSURE AND MAINTENANCE PROCEDURES SHALL BE
INITIATED IN ACCORDANCE WITH THE APPLICABLE REQUIREMENTS OF THE HOST
STATE AND THE FEDERAL GOVERNMENT. EACH HOST STATE'S OBLIGATION FOR OPER-
ATING REGIONAL FACILITIES SHALL REMAIN AS LONG AS THE STATE CONTINUES TO
PRODUCE OVER A 3-YEAR PERIOD 25 PERCENT OR MORE OF THE VOLUME OR CURIES
OF LOW-LEVEL WASTE GENERATED BY PENNSYLVANIA.
(F) DUTIES OF HOST STATE
EACH HOST STATE SHALL:
(A) CAUSE A REGIONAL FACILITY TO BE SITED AND DEVELOPED ON A TIMELY
BASIS
(B) ENSURE BY LAW, CONSISTENT WITH APPLICABLE STATE AND FEDERAL LAW,
THE PROTECTION AND PRESERVATION OF PUBLIC HEALTH, SAFETY AND ENVIRON-
MENTAL QUALITY IN THE SITING, DESIGN, DEVELOPMENT, LICENSURE OR OTHER
REGULATION, OPERATION, CLOSURE, DECOMMISSIONING, LONG-TERM CARE AND THE
INSTITUTIONAL CONTROL PERIOD OF THE REGIONAL FACILITY WITHIN THE STATE.
TO THE EXTENT AUTHORIZED BY FEDERAL LAW, A HOST STATE MAY ADOPT MORE
STRINGENT LAWS, RULES OR REGULATIONS THAN REQUIRED BY FEDERAL LAW.
(C) ENSURE AND MAINTAIN A MANIFEST SYSTEM WHICH DOCUMENTS ALL WASTE-
RELATED ACTIVITIES OF GENERATORS, BROKERS, CARRIERS AND RELATED ACTIV-
ITIES OF GENERATORS, BROKERS, CARRIERS AND OPERATORS, AND ESTABLISH THE
CHAIN OF CUSTODY OF WASTE FROM ITS INITIAL GENERATION TO THE END OF ITS
HAZARDOUS LIFE. COPIES OF ALL SUCH MANIFESTS SHALL BE SUBMITTED TO THE
COMMISSION ON A TIMELY BASIS.
(D) ENSURE THAT CHARGES FOR DISPOSAL OF LOW-LEVEL WASTE AT THE
REGIONAL FACILITY ARE SUFFICIENT TO FULLY FUND THE SAFE DISPOSAL AND
PERPETUAL CARE OF THE REGIONAL FACILITY AND THAT CHARGES ARE ASSESSED
WITHOUT DISCRIMINATION AS TO THE PARTY STATE OF ORIGIN.
(E) SUBMIT AN ANNUAL REPORT TO THE COMMISSION ON THE STATUS OF THE
REGIONAL FACILITY WHICH CONTAINS PROJECTIONS OF THE ANTICIPATED FUTURE
CAPACITY.
(F) NOTIFY THE COMMISSION IMMEDIATELY IF ANY EXIGENCY ARISES REQUIRING
THE POSSIBLE TEMPORARY OR PERMANENT CLOSURE OF A REGIONAL FACILITY WITH-
IN THE STATE AT A TIME EARLIER THAN WAS PROJECTED IN THE STATE'S MOST
RECENT ANNUAL REPORT TO THE COMMISSION.
(G) REQUIRE THAT THE INSTITUTIONAL CONTROL PERIOD OF ANY DISPOSAL
FACILITY BE AT LEAST AS LONG AS THE HAZARDOUS LIFE, AS DEFINED IN ARTI-
CLE 1(H), OF THE RADIOACTIVE MATERIALS THAT ARE DISPOSED AT THAT FACILI-
TY.
S. 9120 8
(H) PROHIBIT THE USE OF ANY SHALLOW LAND BURIAL, AS DEFINED IN ARTICLE
1(R), AND DEVELOP ALTERNATIVE MEANS FOR TREATMENT, STORAGE AND DISPOSAL
OF LOW-LEVEL WASTE.
(I) ESTABLISH BY LAW, TO THE EXTENT NOT PROHIBITED BY FEDERAL LAW,
REQUIREMENTS FOR FINANCIAL RESPONSIBILITY, INCLUDING, BUT NOT LIMITED
TO:
(I) REQUIREMENTS FOR THE PURCHASE AND MAINTENANCE OF ADEQUATE INSUR-
ANCE BY GENERATORS, BROKERS, CARRIERS AND OPERATORS OF THE REGIONAL
FACILITY;
(II) REQUIREMENTS FOR THE ESTABLISHMENT OF A LONG-TERM CARE FUND TO BE
FUNDED BY A FEE PLACED ON GENERATORS TO PAY FOR PREVENTATIVE OR CORREC-
TIVE MEASURES OF LOW-LEVEL WASTE TO THE REGIONAL FACILITY; AND
(III) ANY FURTHER FINANCIAL RESPONSIBILITY REQUIREMENTS THAT SHALL BE
SUBMITTED BY GENERATORS, BROKERS, CARRIERS AND OPERATORS AS DEEMED
NECESSARY BY THE HOST STATE.
(G) DUTIES OF PARTY STATE
EACH PARTY STATE:
(A) SHALL APPROPRIATE ITS PORTION OF THE COMMISSION'S INITIAL AND
ANNUAL BUDGET AS SET OUT IN ARTICLE 2(C)(2) AND (3).
(B) TO THE EXTENT AUTHORIZED BY FEDERAL LAW, SHALL DEVELOP AND ENFORCE
PROCEDURES REQUIRING LOW-LEVEL WASTE SHIPMENTS ORIGINATING WITHIN ITS
BORDERS AND DESTINED FOR A REGIONAL FACILITY TO CONFORM TO VOLUME
REDUCTION, PACKAGING AND TRANSPORTATION REQUIREMENTS AND REGULATIONS AS
WELL AS ANY OTHER REQUIREMENTS SPECIFIED BY THE REGIONAL FACILITY. SUCH
PROCEDURES SHALL INCLUDE, BUT ARE NOT LIMITED TO:
(I) PERIODIC INSPECTIONS OF PACKAGING AND SHIPPING PRACTICES
(II) PERIODIC INSPECTIONS OF LOW-LEVEL WASTE CONTAINERS WHILE IN
CUSTODY OF CARRIERS; AND
(III) APPROPRIATE ENFORCEMENT ACTIONS WITH RESPECT TO VIOLATIONS
(C) TO THE EXTENT AUTHORIZED BY FEDERAL LAW, SHALL, AFTER RECEIVING
NOTIFICATION FROM A HOST STATE OR OTHER PERSON THAT A PERSON IN A PARTY
STATE HAS VIOLATED VOLUME REDUCTION, PACKAGING, SHIPPING OR TRANSPORTA-
TION REQUIREMENTS OR REGULATIONS, TAKE APPROPRIATE ACTION TO ENSURE-THAT
VIOLATIONS DO NOT RECUR. APPROPRIATE ACTION SHALL INCLUDE, BUT IS NOT
LIMITED TO, THE REQUIREMENT THAT A BOND BE POSTED BY THE VIOLATOR TO PAY
THE COST OF REPACKAGING AT THE REGIONAL FACILITY AND THE REQUIREMENT
THAT FUTURE SHIPMENTS BE INSPECTED. APPROPRIATE ACTION MAY ALSO INCLUDE
SUSPENSION OF THE VIOLATOR'S USE OF THE REGIONAL FACILITY. SHOULD SUCH
SUSPENSION BE IMPOSED, THE SUSPENSION SHALL REMAIN IN EFFECT UNTIL SUCH
TIME AS THE VIOLATOR HAS, TO THE SATISFACTION OF THE PARTY STATE IMPOS-
ING SUCH SUSPENSION, COMPLIED WITH THE APPROPRIATE REQUIREMENTS OR REGU-
LATIONS UPON WHICH THE SUSPENSION WAS BASED AND HAS TAKEN APPROPRIATE
ACTION TO ENSURE THAT SUCH VIOLATION OR VIOLATIONS DO NOT RECUR.
(D) SHALL MAINTAIN A REGISTRY OF ALL GENERATORS AND QUANTITIES GENER-
ATED WITHIN THE STATE.
(H) LIABILITY
IN THE EVENT OF LIABILITY ARISING FROM THE OPERATION OF ANY REGIONAL
FACILITY AND DURING AND AFTER CLOSURE OF THAT FACILITY, EACH PARTY STATE
SHALL SHARE IN THAT LIABILITY IN AN AMOUNT EQUAL TO THAT STATE'S SHARE
OF THE REGION'S LOW-LEVEL WASTE DISPOSED OF AT THE FACILITY. IF SUCH
LIABILITY ARISES FROM NEGLIGENCE, MALFEASANCE OR NEGLECT ON THE PART OF
A HOST STATE OR ANY PARTY STATE, THEN ANY OTHER HOST OR PARTY STATE(S)
MAY MAKE ANY CLAIM ALLOWABLE UNDER LAW FOR THAT NEGLIGENCE, MALFEASANCE
OR NEGLECT. IF SUCH LIABILITY ARISES FROM A PARTICULAR WASTE SHIPMENT OR
SHIPMENTS TO, OR QUANTITY OF WASTE OR CONDITION AT, THE REGIONAL FACILI-
TY, THEN ANY HOST OR PARTY STATE MAY MAKE ANY CLAIM ALLOWABLE UNDER LAW
S. 9120 9
FOR SUCH LIABILITY. THE PERCENTAGE OF WASTE SHALL BE BASED ON VOLUME OF
WASTE OR TOTAL CURIE CONTENT.
(I) FAILURE OF PARTY STATE TO FULFILL OBLIGATIONS.
A PARTY STATE WHICH FAILS TO FULFILL ITS OBLIGATIONS, INCLUDING TIMELY
FUNDING OF THE COMMISSION, MAY HAVE ITS PRIVILEGES UNDER THE COMPACT
SUSPENDED OR ITS MEMBERSHIP IN THE COMPACT REVOKED BY THE COMMISSION AND
BE SUBJECT TO ANY OTHER LEGAL AND EQUITABLE REMEDIES AVAILABLE TO THE
PARTY STATES.
ARTICLE 4
PROHIBITED ACTS AND PENALTIES
(A) PROHIBITION
IT SHALL BE UNLAWFUL FOR ANY PERSON TO DISPOSE OF LOW-LEVEL WASTE
WITHIN THE REGION EXCEPT AT A REGIONAL FACILITY UNLESS AUTHORIZED BY THE
COMMISSION.
(B) WASTE DISPOSED OF WITHIN REGION.
AFTER ESTABLISHMENT OF THE REGIONAL FACILITY(S), IT SHALL BE UNLAWFUL
FOR ANY PERSON TO DISPOSE OF ANY LOW-LEVEL WASTE WITHIN THE REGION
UNLESS THE WASTE WAS GENERATED WITHIN THE REGION OR UNLESS AUTHORIZED TO
DO SO BOTH BY THE COMMISSION AND BY LAW OF THE HOST STATE IN WHICH SAID
DISPOSAL TAKES PLACE. FOR THE PURPOSES OF THIS COMPACT, WASTE GENERATED
WITHIN THE REGION EXCLUDES RADIOACTIVE MATERIAL SHIPPED FROM OUTSIDE THE
PARTY STATES TO A WASTE MANAGEMENT FACILITY WITHIN THE REGION. IN DETER-
MINING WHETHER TO GRANT SUCH AUTHORIZATION, THE FACTORS TO HE CONSIDERED
BY THE COMMISSION SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
(A) THE IMPACT ON HEALTH, SAFETY, AND ENVIRONMENTAL QUALITY OF THE
CITIZENS OF THE PARTY STATES;
(B) THE IMPACT OF IMPORTING WASTE ON THE AVAILABLE CAPACITY AND
PROJECTED LIFE OF THE REGIONAL FACILITY
(C) THE AVAILABILITY OF A REGIONAL FACILITY APPROPRIATE FOR THE SAFE
DISPOSAL OF THE TYPE OF LOW-LEVEL WASTE INVOLVED
(C) WASTE GENERATED WITHIN REGION ANY AND ALL LOW-LEVEL WASTE GENER-
ATED WITHIN THE REGION SHALL BE DISPOSED OF AT A REGIONAL FACILITY,
EXCEPT FOR SPECIFIC CASES AGREED UPON BY THE COMMISSION, WITH THE AFFIR-
MATIVE VOTES BY A MAJORITY OF THE COMMISSION MEMBERS OF THE HOST
STATE(S) AFFECTED BY THE DECISION.
(D) LIABILITY.
GENERATORS, BROKERS AND CARRIERS OF WASTES, AND OWNERS AND OPERATORS
OF SITES SHALL BE LIABLE FOR THEIR ACTS, OMISSIONS, CONDUCT OR RELATION-
SHIPS IN ACCORDANCE WITH ALL LAWS RELATING THERETO. THE PARTY STATES
SHALL IMPOSE A FINE FOR ANY VIOLATION IN AN AMOUNT EQUAL TO THE PRESENT
AND FUTURE COSTS ASSOCIATED WITH CORRECTING ANY HARM CAUSED BY THE
VIOLATION AND SHALL ASSESS PUNITIVE FINES OR PENALTIES IF IT IS DEEMED
NECESSARY. IN ADDITION, THE HOST STATE SHALL BAR ANY PERSON WHO
VIOLATES HOST STATE OR FEDERAL REGULATIONS FROM USING THE REGIONAL
FACILITY UNTIL THAT PERSON DEMONSTRATES TO THE SATISFACTION OF THE HOST
STATE THE ABILITY AND WILLINGNESS TO COMPLY WITH THE LAW.
(E) CONFLICT OF INTEREST.
(1) PROHIBITIONS--
NO COMMISSIONER, OFFICER, OR EMPLOYER SHALL:
(A) BE FINANCIALLY INTERESTED, EITHER DIRECTLY OR INDIRECTLY, IN A
CONTRACT, SALE, PURCHASE, LEASE OR TRANSFER OF REAL OR PERSONAL PROPERTY
TO WHICH THE COMMISSION IS A PARTY.
(B) SOLICIT OR ACCEPT MONEY OR ANY OTHER THING OF VALUE IN ADDITION TO
THE EXPENSES PAID TO HIM BY THE COMMISSION FOR SERVICES PERFORMED WITHIN
THE SCOPE OF HIS OFFICIAL DUTIES.
S. 9120 10
(C) OFFER MONEY OR ANYTHING OF VALUE FOR OR IN CONSIDERATION OF
OBTAINING AN APPOINTMENT, PROMOTION OR PRIVILEGE IN HIS EMPLOYMENT WITH
THE COMMISSION.
(2) FORFEITURE OF OFFICE OF EMPLOYMENT -
ANY OFFICER OR EMPLOYEE WHO SHALL WILLFULLY VIOLATE ANY OF THE
PROVISIONS OF THIS SECTION SHALL FORFEIT HIS OFFICE OR EMPLOYMENT.
(3) AGREEMENT VOID -
ANY CONTRACT OR AGREEMENT KNOWINGLY MADE IN CONTRAVENTION OF THIS
SECTION IS VOID.
(4) CRIMINAL AND CIVIL SANCTIONS-
OFFICERS AND EMPLOYEES OF THE COMMISSION SHALL BE SUBJECT, IN ADDITION
TO THE PROVISIONS OF THIS SECTION, TO SUCH CRIMINAL AND CIVIL SANCTIONS
FOR MISCONDUCT IN OFFICE AS MAY BE IMPOSED BY FEDERAL LAW AND THE LAW OF
THE SIGNATORY STATE IN WHICH SUCH MISCONDUCT OCCURS.
ARTICLE 5
ELIGIBILITY, ENTRY INTO EFFECT, CONGRESSIONAL CONSENT, WITHDRAWAL
(A) ELIGIBILITY
ONLY THE STATES OF PENNSYLVANIA, WEST VIRGINIA, DELAWARE, AND MARYLAND
ARE ELIGIBLE TO BECOME PARTIES TO THIS COMPACT.
(B) ENTRY INTO EFFECT
AN ELIGIBLE STATE MAY BECOME A PARTY STATE BY LEGISLATIVE ENACTMENT OF
THIS COMPACT OR BY EXECUTIVE ORDER OF THE GOVERNOR ADOPTING THIS
COMPACT; PROVIDED, HOWEVER, A STATE BECOMING A PARTY STATE BY EXECUTIVE
ORDER SHALL CEASE TO BE A PARTY STATE UPON ADJOURNMENT OF THE FIRST
GENERAL SESSION OF ITS LEGISLATURE CONVENED THEREAFTER, UNLESS THE
LEGISLATURE SHALL HAVE ENACTED THIS COMPACT BEFORE SUCH ADJOURNMENT.
(C) CONGRESSIONAL CONSENT
THIS COMPACT SHALL TAKE EFFECT WHEN IT HAS BEEN ENACTED BY THE LEGIS-
LATURES OF PENNSYLVANIA AND ONE OR MORE ELIGIBLE STATES. HOWEVER, ARTI-
CLE 4(B) AND (C) SHALL NOT TAKE EFFECT UNTIL CONGRESS HAS CONSENTED TO
THIS COMPACT. EVERY FIFTH YEAR AFTER SUCH CONSENT HAS BEEN GIVEN,
CONGRESS MAY WITHDRAW CONSENT.
(D) WITHDRAWAL
A PARTY STATE MAY WITHDRAW FROM THE COMPACT BY REPEALING THE ENACTMENT
OF THIS COMPACT, BUT NO SUCH WITHDRAWAL SHALL BECOME EFFECTIVE UNTIL TWO
YEARS AFTER ENACTMENT OF THE REPEALING LEGISLATION. IF THE WITHDRAWING
STATE IS A HOST STATE, ANY REGIONAL FACILITY IN THAT STATE SHALL REMAIN
AVAILABLE TO RECEIVE LOW-LEVEL WASTE GENERATED WITHIN THE REGION UNTIL
FIVE YEARS AFTER THE EFFECTIVE DATE OF THE WITHDRAWAL.
ARTICLE 6
CONSTRUCTION AND SEVERABILITY
(A) CONSTRUCTION
THE PROVISIONS OF THIS COMPACT SHALL BE BROADLY CONSTRUED TO- CARRY
OUT THE PURPOSES OF THE COMPACT, BUT THE SOVEREIGN POWERS OF A PARTY
STATE SHALL NOT UNNECESSARILY BE INFRINGED.
(B) SEVERABILITY
IF ANY PART OR APPLICATION OF THIS COMPACT IS HELD INVALID, THE
REMAINDER, OR ITS APPLICATION TO OTHER SITUATION OR PERSONS, SHALL NOT
BE AFFECTED.
§ 2. This act shall take effect immediately.
