115250. The Legislature of the State of California hereby enacts
and ratifies the agreement set forth in Section 115255 and designated
as the "Southwestern Low-Level Radioactive Waste Disposal Compact,"
entered into pursuant to the Low-Level Radioactive Waste Policy Act,
as amended by the Low-Level Radioactive Waste Policy Amendments Act
of 1985 (42 U.S.C. Sec. 2021b to 2021j, incl.). This compact shall
become effective in accordance with Article 7 of the compact as set
forth in Section 115255.
115255. The provisions of the Southwestern Low-Level Radioactive
Waste Disposal Compact are as follows:
Article 1. Compact Policy and Formation
The party states hereby find and declare all of the following:
(A) The United States Congress, by enacting the Low-Level
Radioactive Waste Policy Act, Public Law 96-573, as amended by the
Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C.
Sec. 2021b to 2021j, incl.), has encouraged the use of interstate
compacts to provide for the establishment and operation of facilities
for regional management of low-level radioactive waste.
(B) It is the purpose of this compact to provide the means for
such a cooperative effort between or among party states to protect
the citizens of the states and the states' environments.
(C) It is the policy of party states to this compact to encourage
the reduction of the volume of low-level radioactive waste requiring
disposal within the compact region.
(D) It is the policy of the party states that the protection of
the health and safety of their citizens and the most ecological and
economical management of low-level radioactive wastes can be
accomplished through cooperation of the states by minimizing the
amount of handling and transportation required to dispose of these
wastes and by providing facilities that serve the compact region.
(E) Each party state, if an agreement state pursuant to Section
2021 of Title 42 of the United States Code, or the Nuclear Regulatory
Commission if not an agreement state, is responsible for the primary
regulation of radioactive materials within its jurisdiction.
Article 2. Definitions
As used in this compact, unless the context clearly indicates
otherwise, the following definitions apply:
(A) "Commission" means the Southwestern Low-Level Radioactive
Waste Commission established in Article 3 of this compact.
(B) "Compact region" or "region" means the combined geographical
area within the boundaries of the party states.
(C) "Disposal" means the permanent isolation of low-level
radioactive waste pursuant to requirements established by the Nuclear
Regulatory Commission and the Environmental Protection Agency under
applicable laws, or by a party state if that state hosts a disposal
facility.
(D) "Generate," when used in relation to low-level radioactive
waste, means to produce low-level radioactive waste.
(E) "Generator" means a person whose activity, excluding the
management of low-level radioactive waste, results in the production
of low-level radioactive waste.
(F) "Host county" means a county, or other similar political
subdivision of a party state, in which a regional disposal facility
is located or being developed.
(G) "Host state" means a party state in which a regional disposal
facility is located or being developed. The State of California is
the host state under this compact for the first 30 years from the
date the California regional disposal facility commences operations.
(H) "Institutional control period" means that period of time in
which the facility license is transferred to the disposal site owner
in compliance with the appropriate regulations for long-term
observation and maintenance following the postclosure period.
(I) "Low-level radioactive waste" means regulated radioactive
material that meets all of the following requirements:
(1) The waste is not high-level radioactive waste, spent nuclear
fuel, or byproduct material (as defined in Section 11e(2) of the
Atomic Energy Act of 1954 (42 U.S.C. Sec. 2014(e)(2))).
(2) The waste is not uranium mining or mill tailings.
(3) The waste is not any waste for which the federal government is
responsible pursuant to subdivision (b) of Section 3 of the
Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C.
Sec. 2021c(b)).
(4) The waste is not an alpha emitting transuranic nuclide with a
half-life greater than five years and with a concentration greater
than 100 nanocuries per gram, or Plutonium-241 with a concentration
greater than 3,500 nanocuries per gram, or Curium-242 with a
concentration greater than 20,000 nanocuries per gram.
(J) "Management" means collection, consolidation, storage,
packaging, or treatment.
(K) "Major generator state" means a party state that generates 10
percent of the total amount of low-level radioactive waste produced
within the compact region and disposed of at the regional disposal
facility.
If no party state other than California generates at least 10
percent of the total amount, "major generator state" means the party
state which is second to California in the amount of waste produced
within the compact region and disposed of at the regional disposal
facility.
(L) "Operator" means a person who operates a regional disposal
facility.
(M) "Party state" means any state that has become a party in
accordance with Article 7 of this compact.
(N) "Person" means an individual, corporation, partnership, or
other legal entity, whether public or private.
(O) "Postclosure period" means that period of time after
completion of closure of a disposal facility during which the
licensee shall observe, monitor, and carry out necessary maintenance
and repairs at the disposal facility to assure that the disposal
facility will remain stable and will not need ongoing active
maintenance. This period ends with the beginning of the institutional
control period.
(P) "Regional disposal facility" means a nonfederal low-level
radioactive waste disposal facility established and operated under
this compact.
(Q) "Site closure and stabilization" means the activities of the
disposal facility operator taken at the end of the disposal facility'
s operating life to assure the continued protection of the public
from any residual radioactivity or other potential hazards present at
the disposal facility.
(R) "Transporter" means a person who transports low-level
radioactive waste.
(S) "Uranium mine and mill tailings" means waste resulting from
mining and processing of ores containing uranium.
Article 3. The Commission
(A) There is hereby established the Southwestern Low-Level
Radioactive Waste Commission.
(1) The commission shall consist of one voting member from each
party state to be appointed by the Governor, confirmed by the Senate
of that party state, and to serve at the pleasure of the Governor of
each party state, and one voting member from the host county. The
appointing authority of each party state shall notify the commission
in writing of the identity of the member and of any alternates. An
alternate may act in the member's absence.
(2) The host state shall also appoint that number of additional
voting members of the commission that is necessary for the host state'
s members to compose at least 51 percent of the membership on the
commission. The host state's additional members shall be appointed by
the host state Governor and confirmed by the host state Senate.
If there is more than one host state, only the state in which is
located the regional disposal facility actively accepting low-level
radioactive waste pursuant to this compact may appoint these
additional members.
(3) If the host county has not been selected at the time the
commission is appointed, the Governor of the host state shall appoint
an interim local government member, who shall be an elected
representative of a local government. After a host county is
selected, the interim local government member shall resign and the
Governor shall appoint the host county member pursuant to paragraph
(4).
(4) The Governor shall appoint the host county member from a list
of at least seven candidates compiled by the board of supervisors of
the host county.
(5) In recommending and appointing the host county member pursuant
to paragraph (4), the board of supervisors and the Governor shall
give first consideration to recommending and appointing the member of
the board of supervisors in whose district the regional disposal
facility is located or being developed. If the board of supervisors
of the host county does not provide a list to the Governor of at
least seven candidates from which to choose, the Governor shall
appoint a resident of the host county as the host county member.
(6) The host county member is subject to confirmation by the
Senate of that party state and shall serve at the pleasure of the
Governor of the host state.
(B) The commission is a legal entity separate and distinct from
the party states and shall be so liable for its actions. Members of
the commission shall not be personally liable for actions taken in
their official capacity. The liabilities of the commission shall not
be deemed liabilities of the party states.
(C) The commission shall conduct its business affairs pursuant to
the laws of the host state and disputes arising out of commission
action shall be governed by the laws of the host state. The
commission shall be located in the capital city of the host state in
which the regional disposal facility is located.
(D) The commission's records shall be subject to the host state's
public records law, and the meetings of the commission shall be open
and public in accordance with the host state's open meeting law.
(E) The commission members are public officials of the appointing
state and shall be subject to the conflict of interest laws, as well
as any other law, of the appointing state. The commission members
shall be compensated according to the appointing state's law.
(F) Each commission member is entitled to one vote. A majority of
the commission constitutes a quorum. Unless otherwise provided in
this compact, a majority of the total number of votes on the
commission is necessary for the commission to take any action.
(G) The commission has all of the following duties and authority:
(1) The commission shall do, pursuant to the authority granted by
this compact, whatever is reasonably necessary to ensure that
low-level radioactive wastes are safely disposed of and managed
within the region.
(2) The commission shall meet at least once a year and otherwise
as business requires.
(3) The commission shall establish a compact surcharge to be
imposed upon party state generators. The surcharge shall be based
upon the cubic feet of low-level radioactive waste and the
radioactivity of the low-level radioactive waste and shall be
collected by the operator of the disposal facility.
The host state shall set, and the commission shall impose, the
surcharge after congressional approval of the compact. The amount of
the surcharge shall be sufficient to establish and maintain at a
reasonable level funds for all of the following purposes:
(a) The activities of the commission and commission staff.
(b) At the discretion of the host state, a third-party liability
fund to provide compensation for injury to persons or property during
the operational, closure, stabilization, and postclosure and
institutional control periods of the regional disposal facility. This
subparagraph does not limit the responsibility or liability of the
operator, who shall comply with any federal or host state statutes or
regulations regarding third-party liability claims.
(c) A local government reimbursement fund, for the purpose of
reimbursing the local government entity or entities hosting the
regional disposal facility for any costs or increased burdens on the
local governmental entity for services, including, but not limited
to, general fund expenses, the improvement and maintenance of roads
and bridges, fire protection, law enforcement, monitoring by local
health officials, and emergency preparation and response related to
the hosting of the regional disposal facility.
(4) The surcharges imposed by the commission for purposes of
subparagraphs (b) and (c) of paragraph (3) and surcharges pursuant to
paragraph (3) of subdivision (E) of Article 4 shall be transmitted
on a monthly basis to the host state for distribution to the proper
accounts.
(5) The commission shall establish a fiscal year that conforms to
the fiscal years of the party states to the extent possible.
(6) The commission shall keep an accurate account of all receipts
and disbursements. An annual audit of the books of the commission
shall be conducted by an independent certified public accountant, and
the audit report shall be made a part of the annual report of the
commission.
(7) The commission shall prepare and include in the annual report
a budget showing anticipated receipts and disbursements for the
subsequent fiscal year.
(8) The commission may accept any grants, equipment, supplies,
materials, or services, conditional or otherwise, from the federal or
state government. The nature, amount and condition, if any, of any
donation, grant, or other resources accepted pursuant to this
paragraph and the identity of the donor or grantor shall be detailed
in the annual report of the commission.
However, the host state shall receive, for the uses specified in
subparagraph (E) of paragraph (2) of subsection (d) of Section 2021e
of Title 42 of the United States Code, any payments paid from the
special escrow account for which the Secretary of Energy is trustee
pursuant to subparagraph (A) of paragraph (2) of subsection (d) of
Section 2021 (e) of Title 42 of the United States Code.
(9) The commission shall submit communications to the governors
and to the presiding officers of the legislatures of the party states
regarding the activities of the commission, including an annual
report to be submitted on or before January 15 of each year. The
commission shall include in the annual report a review of, and
recommendations for, low-level radioactive waste disposal methods
which are alternative technologies to the shallow land burial of
low-level radioactive waste.
(10) The commission shall assemble and make available to the party
states, and to the public, information concerning low-level
radioactive waste management needs, technologies, and problems.
(11) The commission shall keep a current inventory of all
generators within the region, based upon information provided by the
party states.
(12) The commission shall keep a current inventory of all regional
disposal facilities, including information on the size, capacity,
location, specific low-level radioactive wastes capable of being
managed, and the projected useful life of each regional disposal
facility.
(13) The commission may establish advisory committees for the
purpose of advising the commission on the disposal and management of
low-level radioactive waste.
(14) The commission may enter into contracts to carry out its
duties and authority, subject to projected resources. No contract
made by the commission shall bind a party state.
(15) The commission shall prepare contingency plans, with the
cooperation and approval of the host state, for the disposal and
management of low-level radioactive waste in the event that any
regional disposal facility should be closed.
(16) The commission may sue and be sued and, when authorized by a
majority vote of the members, may seek to intervene in an
administrative or judicial proceeding related to this compact.
(17) The commission shall be managed by an appropriate staff,
including an executive director. Notwithstanding any other provision
of law, the commission may hire or retain, or both, legal counsel.
(18) The commission may, subject to applicable federal and state
laws, recommend to the appropriate host state authority suitable land
and rail transportation routes for low-level radioactive waste
carriers.
(19) The commission may enter into an agreement to import
low-level radioactive waste into the region only if both of the
following requirements are met:
(a) The commission approves the importation agreement by a
two-thirds vote of the commission.
(b) The commission and the host state assess the affected regional
disposal facilities' capability to handle imported low-level
radioactive wastes and any relevant environmental or economic
factors, as defined by the host state's appropriate regulatory
authorities.
(20) The commission may, upon petition, allow an individual
generator, a group of generators, or the host state of the compact,
to export low-level radioactive wastes to a low-level radioactive
waste disposal facility located outside the region. The commission
may approve the petition only by a two-thirds vote of the commission.
The permission to export low-level radioactive wastes shall be
effective for that period of time and for the amount of low-level
radioactive waste, and subject to any other term or condition, which
may be determined by the commission.
(21) The commission may approve, only by a two-thirds vote of the
commission, the exportation outside the region of material, which
otherwise meets the criteria of low-level radioactive waste, if the
sole purpose of the exportation is to process the material for
recycling.
(22) The commission shall, not later than 10 years before the
closure of the initial or subsequent regional disposal facility,
prepare a plan for the establishment of the next regional disposal
facility.
Article 4. Rights, Responsibilities, and Obligations of Party
States
(A) There shall be regional disposal facilities sufficient to
dispose of the low-level radioactive waste generated within the
region.
(B) Low-level radioactive waste generated within the region shall
be disposed of at regional disposal facilities and each party state
shall have access to any regional disposal facility without
discrimination.
(C) (1) Upon the effective date of this compact, the State of
California shall serve as the host state and shall comply with the
requirements of subdivision (E) for at least 30 years from the date
the regional disposal facility begins to accept low-level radioactive
waste for disposal. The extension of the obligation and duration
shall be at the option of the State of California.
If the State of California does not extend this obligation, the
party state, other than the State of California, which is the largest
major generator state shall then serve as the host state for the
second regional disposal facility.
The obligation of a host state which hosts the second regional
disposal facility shall also run for 30 years from the date the
second regional disposal facility begins operations.
(2) The host state may close its regional disposal facility when
necessary for public health or safety.
(D) The party states of this compact cannot be members of another
regional low-level radioactive waste compact entered into pursuant to
the Low-Level Radioactive Waste Policy Act, as amended by the
Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C.
Secs. 2021b to 2021j, incl.).
(E) A host state shall do all of the following:
(1) Cause a regional disposal facility to be developed on a timely
basis.
(2) Ensure by law, consistent with any applicable federal laws,
the protection and preservation of public health and safety in the
siting, design, development, licensing, regulation, operation,
closure, decommissioning, and long-term care of the regional disposal
facilities within the state.
(3) Ensure that charges for disposal of low-level radioactive
waste at the regional disposal facility are reasonably sufficient to
do all of the following:
(a) Ensure the safe disposal of low-level radioactive waste and
long-term care of the regional disposal facility.
(b) Pay for the cost of inspection, enforcement, and surveillance
activities at the regional disposal facility.
(c) Assure that charges are assessed without discrimination as to
the party state of origin.
(4) Submit an annual report to the commission on the status of the
regional disposal facility including projections of the facility's
anticipated future capacity.
(5) The host state and the operator shall notify the commission
immediately upon the occurrence of any event which could cause a
possible temporary or permanent closure of a regional disposal
facility.
(F) Each party state is subject to the following duties and
authority:
(1) To the extent authorized by federal law, each party state
shall develop and enforce procedures requiring low-level radioactive
waste shipments originating within its borders and destined for a
regional disposal facility to conform to packaging and transportation
requirements and regulations. These procedures shall include, but
are not limited to, all of the following requirements:
(a) Periodic inspections of packaging and shipping practices.
(b) Periodic inspections of low-level radioactive waste containers
while in the custody of transporters.
(c) Appropriate enforcement actions with respect to violations.
(2) A party state may impose a surcharge on the low-level
radioactive waste generators within the state to pay for activities
required by paragraph (1).
(3) To the extent authorized by federal law, each party state
shall, after receiving notification from a host state that a person
in a party state has violated packaging, shipping, or transportation
requirements or regulations, take appropriate actions to ensure that
these violations do not continue. Appropriate actions may include,
but are not limited to, requiring that a bond be posted by the
violator to pay the cost of repackaging at the regional disposal
facility and prohibit future shipments to the regional disposal
facility.
(4) Each party state shall maintain a registry of all generators
within the state that may have low-level radioactive waste to be
disposed of at a regional disposal facility, including, but not
limited to, the amount of low-level radioactive waste and the class
of low-level radioactive waste generated by each generator.
(5) Each party state shall encourage generators within its borders
to minimize the volume of low-level radioactive waste requiring
disposal.
(6) Each party state may rely on the good faith performance of the
other party states to perform those acts which are required by this
compact to provide regional disposal facilities, including the use of
the regional disposal facilities in a manner consistent with this
compact.
(7) Each party state shall provide the commission with any data
and information necessary for the implementation of the commission's
responsibilities, including taking those actions necessary to obtain
this data or information.
(8) Each party state shall agree that only low-level radioactive
waste generated within the jurisdiction of the party states shall be
disposed of in the regional disposal facility, except as provided in
paragraph (19) of subdivision (G) of Article 3.
(9) Each party state shall agree that if there is any injury to
persons on property resulting from the operation of a regional
disposal facility, the damages resulting from the injury may be paid
from the third-party liability fund pursuant to subparagraph (b) of
paragraph (3) of subdivision (G) of Article 3, only to the extent
that the damages exceed the limits of liability insurance carried by
the operator. No party state, by joining this compact, assumes any
liability resulting from the siting, operation, maintenance,
long-term care, or other activity relating to a regional facility,
and no party state shall be liable for any harm or damage resulting
from a regional facility not located within the state.
Article 5. Approval of Regional Facilities
A regional disposal facility shall be approved by the host state
in accordance with its laws. This compact does not confer any
authority on the commission regarding the siting, design,
development, licensure, or other regulation, or the operation,
closure, decommissioning, or long-term care of, any regional disposal
facility within a party state.
Article 6. Prohibited Acts and Penalties
(A) No person shall dispose of low-level radioactive waste within
the region unless the disposal is at a regional disposal facility,
except as otherwise provided in paragraphs (20) and (21) of
subdivision (G) of Article 3.
(B) No person shall dispose of or manage any low-level radioactive
waste within the region unless the low-level radioactive waste was
generated within the region, except as provided in paragraphs (19),
(20), and (21) of subdivision (G) of Article 3.
(C) Violations of this section shall be reported to the
appropriate law enforcement agency within the party state's
jurisdiction.
(D) Violations of this section may result in prohibiting the
violator from disposing of low-level radioactive waste in the
regional disposal facility, as determined by the commission or the
host state.
Article 7. Eligibility, Entry into Effect, Congressional
Consent, Withdrawal, Exclusion
(A) The States of Arizona, North Dakota, South Dakota, and
California are eligible to become parties to this compact. Any other
state may be made eligible by a majority vote of the commission and
ratification by the legislatures of all of the party states by
statute, and upon compliance with those terms and conditions for
eligibility which the host state may establish. The host state may
establish all terms and conditions for the entry of any state, other
than the states named in this subparagraph, as a member of this
compact.
(B) Upon compliance with the other provisions of this compact, an
eligible state may become a party state by legislative enactment of
this compact or by executive order of the governor of the state
adopting this compact. 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 after the executive order
is issued, unless before the adjournment the legislature enacts this
compact.
(C) A party state, other than the host state, may withdraw from
the compact by repealing the enactment of this compact, but this
withdrawal shall not become effective until two years after the
effective date of the repealing legislation. If a party state which
is a major generator of low-level radioactive waste voluntarily
withdraws from the compact pursuant to this subdivision, that state
shall make arrangements for the disposal of the other party states'
low-level radioactive waste for a time period equal to the period of
time it was a member of this compact.
If the host state withdraws from the compact, the withdrawal shall
not become effective until five years after the effective date of
the repealing legislation.
(D) A party state may be excluded from this compact by a
two-thirds vote of the commission members, acting in a meeting, if
the state to be excluded has failed to carry out any obligations
required by compact.
(E) This compact shall take effect upon the enactment by statute
by the legislatures of the State of California and at least one other
eligible state and upon the consent of Congress and shall remain in
effect until otherwise provided by federal law. This compact is
subject to review by Congress and the withdrawal of the consent of
Congress every five years after its effective date, pursuant to
federal law.
Article 8. Construction and Severability
(A) 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 be infringed unnecessarily.
(B) This compact does not affect any judicial proceeding pending
on the effective date of this compact.
(C) If any provision of this compact or the application thereof to
any person or circumstances is held invalid, that invalidity shall
not affect other provisions or applications of the compact that can
be given effect without the invalid provision or application, and to
this end the provisions of this compact are severable.
(D) Nothing in this compact diminishes or otherwise impairs the
jurisdiction, authority, or discretion of either of the following:
(1) The Nuclear Regulatory Commission pursuant to the Atomic
Energy Act of 1954, as amended (42 U.S.C. Sec. 2011 et seq.).
(2) An agreement state under Section 274 of the Atomic Energy Act
of 1954, as amended (42 U.S.C. Sec. 2021).
(E) Nothing in this compact confers any new authority on the
states or commission to do any of the following:
(1) Regulate the packaging or transportation of low-level
radioactive waste in a manner inconsistent with the regulations of
the Nuclear Regulatory Commission or the United States Department of
Transportation.
(2) Regulate health, safety, or environmental hazards from source,
byproduct, or special nuclear material.
(3) Inspect the activities of licensees of the agreement states or
of the Nuclear Regulatory Commission.
115260. Notwithstanding Section 115255, authority for on-highway
routing and enforcement relating to low-level radioactive waste
shall, pursuant to other provisions of law, remain with the
Department of the California Highway Patrol for low-level radioactive
waste generated from, and shipments into, California.
115261. (a) The department may not issue a license to dispose of
low-level radioactive waste pursuant to this chapter, or renew a
license that has been issued by the department pursuant to this
chapter, unless the department determines that the siting, design,
operation, and closure of the facility will, at a minimum, comply
with the performance requirements and objectives of the Nuclear
Regulatory Commission specified in Part 61 of Title 10 of the Code of
Federal Regulations.
(b) The department may not issue a license to dispose of low-level
radioactive waste pursuant to this chapter, or renew a license that
has been issued by the department pursuant to this chapter, unless
the disposal facility is sited, designed, constructed, and operated
to do all of the following:
(1) Consist of multiple, engineered barriers to provide for the
retention of the radioactive waste within the engineered barriers to
last not less than 500 years, using best available technology.
(2) Provide visual inspection or remote monitoring to detect
potential or actual releases of low-level radioactive waste from the
engineered barriers.
(3) Provide methods to prevent potential releases or remediate
actual releases of low-level radioactive waste from the engineered
barriers when monitoring detects potential or actual releases.
(4) Be sited in a location and with soils and hydrology that, if
the engineered barriers fail, the natural site characteristics would
minimize migration of radioactive materials.
(c) A facility for the disposal of low-level radioactive waste may
not use shallow land burial.
(d) (1) The department may issue a license to dispose of low-level
radioactive waste pursuant to this chapter only if the department
determines there is a preponderance of scientific evidence that there
is not a hydrologic pathway whereby the Colorado River or any other
agricultural or drinking water source could be contaminated with
radioactive waste and harm public health or the environment.
(2) The proposed Ward Valley low-level radioactive disposal site
in San Bernardino County may not serve as the state's low-level
radioactive disposal facility for purposes of Article 5 of the
compact.
(3) The state may not accept ownership or any other property
rights to the site of the Ward Valley low-level radioactive waste
disposal facility.
(e) For the purposes of this section, the following terms have the
following meanings:
(1) "Commission" means the United States Nuclear Regulatory
Commission.
(2) "Compact" means the Southwestern Low-Level Radioactive Waste
Disposal Compact described in Section 115255.
(3) "Department" means the Department of Health Services.
(4) "Low-level radioactive waste" has the same meaning as defined
in Article 2 of the compact.
(5) "Low-level radioactive waste disposal facility," or "facility"
means all contiguous land and structures, other appurtenances, and
improvements, on the land used for the disposal of low-level
radioactive waste.
(6) "Shallow land burial" means the disposal of low-level
radioactive waste in or within the upper 30 meters of the earth's
surface without the use of additional confinement by engineered
barriers. Shallow land burial does not include the disposal of
low-level radioactive waste if the disposal facility meets the
requirements of subdivisions (b) and (c).
(f) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
115265. Notwithstanding Section 115255, authority for rail
transportation routing and enforcement relating to low-level
radioactive waste shall remain with the Public Utilities Commission
pursuant to the Public Utilities Act (Part 1 (commencing with Section
201) of Division 1 of the Public Utilities Code) for low-level
radioactive waste generated from, and shipped into, California.
115270. The department shall adopt regulations specifying the modes
of transportation which are most protective of public health and the
environment which shall be used by generators to transport low-level
radioactive waste within the state.
115250. The Legislature of the State of California hereby enacts
and ratifies the agreement set forth in Section 115255 and designated
as the "Southwestern Low-Level Radioactive Waste Disposal Compact,"
entered into pursuant to the Low-Level Radioactive Waste Policy Act,
as amended by the Low-Level Radioactive Waste Policy Amendments Act
of 1985 (42 U.S.C. Sec. 2021b to 2021j, incl.). This compact shall
become effective in accordance with Article 7 of the compact as set
forth in Section 115255.
115255. The provisions of the Southwestern Low-Level Radioactive
Waste Disposal Compact are as follows:
Article 1. Compact Policy and Formation
The party states hereby find and declare all of the following:
(A) The United States Congress, by enacting the Low-Level
Radioactive Waste Policy Act, Public Law 96-573, as amended by the
Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C.
Sec. 2021b to 2021j, incl.), has encouraged the use of interstate
compacts to provide for the establishment and operation of facilities
for regional management of low-level radioactive waste.
(B) It is the purpose of this compact to provide the means for
such a cooperative effort between or among party states to protect
the citizens of the states and the states' environments.
(C) It is the policy of party states to this compact to encourage
the reduction of the volume of low-level radioactive waste requiring
disposal within the compact region.
(D) It is the policy of the party states that the protection of
the health and safety of their citizens and the most ecological and
economical management of low-level radioactive wastes can be
accomplished through cooperation of the states by minimizing the
amount of handling and transportation required to dispose of these
wastes and by providing facilities that serve the compact region.
(E) Each party state, if an agreement state pursuant to Section
2021 of Title 42 of the United States Code, or the Nuclear Regulatory
Commission if not an agreement state, is responsible for the primary
regulation of radioactive materials within its jurisdiction.
Article 2. Definitions
As used in this compact, unless the context clearly indicates
otherwise, the following definitions apply:
(A) "Commission" means the Southwestern Low-Level Radioactive
Waste Commission established in Article 3 of this compact.
(B) "Compact region" or "region" means the combined geographical
area within the boundaries of the party states.
(C) "Disposal" means the permanent isolation of low-level
radioactive waste pursuant to requirements established by the Nuclear
Regulatory Commission and the Environmental Protection Agency under
applicable laws, or by a party state if that state hosts a disposal
facility.
(D) "Generate," when used in relation to low-level radioactive
waste, means to produce low-level radioactive waste.
(E) "Generator" means a person whose activity, excluding the
management of low-level radioactive waste, results in the production
of low-level radioactive waste.
(F) "Host county" means a county, or other similar political
subdivision of a party state, in which a regional disposal facility
is located or being developed.
(G) "Host state" means a party state in which a regional disposal
facility is located or being developed. The State of California is
the host state under this compact for the first 30 years from the
date the California regional disposal facility commences operations.
(H) "Institutional control period" means that period of time in
which the facility license is transferred to the disposal site owner
in compliance with the appropriate regulations for long-term
observation and maintenance following the postclosure period.
(I) "Low-level radioactive waste" means regulated radioactive
material that meets all of the following requirements:
(1) The waste is not high-level radioactive waste, spent nuclear
fuel, or byproduct material (as defined in Section 11e(2) of the
Atomic Energy Act of 1954 (42 U.S.C. Sec. 2014(e)(2))).
(2) The waste is not uranium mining or mill tailings.
(3) The waste is not any waste for which the federal government is
responsible pursuant to subdivision (b) of Section 3 of the
Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C.
Sec. 2021c(b)).
(4) The waste is not an alpha emitting transuranic nuclide with a
half-life greater than five years and with a concentration greater
than 100 nanocuries per gram, or Plutonium-241 with a concentration
greater than 3,500 nanocuries per gram, or Curium-242 with a
concentration greater than 20,000 nanocuries per gram.
(J) "Management" means collection, consolidation, storage,
packaging, or treatment.
(K) "Major generator state" means a party state that generates 10
percent of the total amount of low-level radioactive waste produced
within the compact region and disposed of at the regional disposal
facility.
If no party state other than California generates at least 10
percent of the total amount, "major generator state" means the party
state which is second to California in the amount of waste produced
within the compact region and disposed of at the regional disposal
facility.
(L) "Operator" means a person who operates a regional disposal
facility.
(M) "Party state" means any state that has become a party in
accordance with Article 7 of this compact.
(N) "Person" means an individual, corporation, partnership, or
other legal entity, whether public or private.
(O) "Postclosure period" means that period of time after
completion of closure of a disposal facility during which the
licensee shall observe, monitor, and carry out necessary maintenance
and repairs at the disposal facility to assure that the disposal
facility will remain stable and will not need ongoing active
maintenance. This period ends with the beginning of the institutional
control period.
(P) "Regional disposal facility" means a nonfederal low-level
radioactive waste disposal facility established and operated under
this compact.
(Q) "Site closure and stabilization" means the activities of the
disposal facility operator taken at the end of the disposal facility'
s operating life to assure the continued protection of the public
from any residual radioactivity or other potential hazards present at
the disposal facility.
(R) "Transporter" means a person who transports low-level
radioactive waste.
(S) "Uranium mine and mill tailings" means waste resulting from
mining and processing of ores containing uranium.
Article 3. The Commission
(A) There is hereby established the Southwestern Low-Level
Radioactive Waste Commission.
(1) The commission shall consist of one voting member from each
party state to be appointed by the Governor, confirmed by the Senate
of that party state, and to serve at the pleasure of the Governor of
each party state, and one voting member from the host county. The
appointing authority of each party state shall notify the commission
in writing of the identity of the member and of any alternates. An
alternate may act in the member's absence.
(2) The host state shall also appoint that number of additional
voting members of the commission that is necessary for the host state'
s members to compose at least 51 percent of the membership on the
commission. The host state's additional members shall be appointed by
the host state Governor and confirmed by the host state Senate.
If there is more than one host state, only the state in which is
located the regional disposal facility actively accepting low-level
radioactive waste pursuant to this compact may appoint these
additional members.
(3) If the host county has not been selected at the time the
commission is appointed, the Governor of the host state shall appoint
an interim local government member, who shall be an elected
representative of a local government. After a host county is
selected, the interim local government member shall resign and the
Governor shall appoint the host county member pursuant to paragraph
(4).
(4) The Governor shall appoint the host county member from a list
of at least seven candidates compiled by the board of supervisors of
the host county.
(5) In recommending and appointing the host county member pursuant
to paragraph (4), the board of supervisors and the Governor shall
give first consideration to recommending and appointing the member of
the board of supervisors in whose district the regional disposal
facility is located or being developed. If the board of supervisors
of the host county does not provide a list to the Governor of at
least seven candidates from which to choose, the Governor shall
appoint a resident of the host county as the host county member.
(6) The host county member is subject to confirmation by the
Senate of that party state and shall serve at the pleasure of the
Governor of the host state.
(B) The commission is a legal entity separate and distinct from
the party states and shall be so liable for its actions. Members of
the commission shall not be personally liable for actions taken in
their official capacity. The liabilities of the commission shall not
be deemed liabilities of the party states.
(C) The commission shall conduct its business affairs pursuant to
the laws of the host state and disputes arising out of commission
action shall be governed by the laws of the host state. The
commission shall be located in the capital city of the host state in
which the regional disposal facility is located.
(D) The commission's records shall be subject to the host state's
public records law, and the meetings of the commission shall be open
and public in accordance with the host state's open meeting law.
(E) The commission members are public officials of the appointing
state and shall be subject to the conflict of interest laws, as well
as any other law, of the appointing state. The commission members
shall be compensated according to the appointing state's law.
(F) Each commission member is entitled to one vote. A majority of
the commission constitutes a quorum. Unless otherwise provided in
this compact, a majority of the total number of votes on the
commission is necessary for the commission to take any action.
(G) The commission has all of the following duties and authority:
(1) The commission shall do, pursuant to the authority granted by
this compact, whatever is reasonably necessary to ensure that
low-level radioactive wastes are safely disposed of and managed
within the region.
(2) The commission shall meet at least once a year and otherwise
as business requires.
(3) The commission shall establish a compact surcharge to be
imposed upon party state generators. The surcharge shall be based
upon the cubic feet of low-level radioactive waste and the
radioactivity of the low-level radioactive waste and shall be
collected by the operator of the disposal facility.
The host state shall set, and the commission shall impose, the
surcharge after congressional approval of the compact. The amount of
the surcharge shall be sufficient to establish and maintain at a
reasonable level funds for all of the following purposes:
(a) The activities of the commission and commission staff.
(b) At the discretion of the host state, a third-party liability
fund to provide compensation for injury to persons or property during
the operational, closure, stabilization, and postclosure and
institutional control periods of the regional disposal facility. This
subparagraph does not limit the responsibility or liability of the
operator, who shall comply with any federal or host state statutes or
regulations regarding third-party liability claims.
(c) A local government reimbursement fund, for the purpose of
reimbursing the local government entity or entities hosting the
regional disposal facility for any costs or increased burdens on the
local governmental entity for services, including, but not limited
to, general fund expenses, the improvement and maintenance of roads
and bridges, fire protection, law enforcement, monitoring by local
health officials, and emergency preparation and response related to
the hosting of the regional disposal facility.
(4) The surcharges imposed by the commission for purposes of
subparagraphs (b) and (c) of paragraph (3) and surcharges pursuant to
paragraph (3) of subdivision (E) of Article 4 shall be transmitted
on a monthly basis to the host state for distribution to the proper
accounts.
(5) The commission shall establish a fiscal year that conforms to
the fiscal years of the party states to the extent possible.
(6) The commission shall keep an accurate account of all receipts
and disbursements. An annual audit of the books of the commission
shall be conducted by an independent certified public accountant, and
the audit report shall be made a part of the annual report of the
commission.
(7) The commission shall prepare and include in the annual report
a budget showing anticipated receipts and disbursements for the
subsequent fiscal year.
(8) The commission may accept any grants, equipment, supplies,
materials, or services, conditional or otherwise, from the federal or
state government. The nature, amount and condition, if any, of any
donation, grant, or other resources accepted pursuant to this
paragraph and the identity of the donor or grantor shall be detailed
in the annual report of the commission.
However, the host state shall receive, for the uses specified in
subparagraph (E) of paragraph (2) of subsection (d) of Section 2021e
of Title 42 of the United States Code, any payments paid from the
special escrow account for which the Secretary of Energy is trustee
pursuant to subparagraph (A) of paragraph (2) of subsection (d) of
Section 2021 (e) of Title 42 of the United States Code.
(9) The commission shall submit communications to the governors
and to the presiding officers of the legislatures of the party states
regarding the activities of the commission, including an annual
report to be submitted on or before January 15 of each year. The
commission shall include in the annual report a review of, and
recommendations for, low-level radioactive waste disposal methods
which are alternative technologies to the shallow land burial of
low-level radioactive waste.
(10) The commission shall assemble and make available to the party
states, and to the public, information concerning low-level
radioactive waste management needs, technologies, and problems.
(11) The commission shall keep a current inventory of all
generators within the region, based upon information provided by the
party states.
(12) The commission shall keep a current inventory of all regional
disposal facilities, including information on the size, capacity,
location, specific low-level radioactive wastes capable of being
managed, and the projected useful life of each regional disposal
facility.
(13) The commission may establish advisory committees for the
purpose of advising the commission on the disposal and management of
low-level radioactive waste.
(14) The commission may enter into contracts to carry out its
duties and authority, subject to projected resources. No contract
made by the commission shall bind a party state.
(15) The commission shall prepare contingency plans, with the
cooperation and approval of the host state, for the disposal and
management of low-level radioactive waste in the event that any
regional disposal facility should be closed.
(16) The commission may sue and be sued and, when authorized by a
majority vote of the members, may seek to intervene in an
administrative or judicial proceeding related to this compact.
(17) The commission shall be managed by an appropriate staff,
including an executive director. Notwithstanding any other provision
of law, the commission may hire or retain, or both, legal counsel.
(18) The commission may, subject to applicable federal and state
laws, recommend to the appropriate host state authority suitable land
and rail transportation routes for low-level radioactive waste
carriers.
(19) The commission may enter into an agreement to import
low-level radioactive waste into the region only if both of the
following requirements are met:
(a) The commission approves the importation agreement by a
two-thirds vote of the commission.
(b) The commission and the host state assess the affected regional
disposal facilities' capability to handle imported low-level
radioactive wastes and any relevant environmental or economic
factors, as defined by the host state's appropriate regulatory
authorities.
(20) The commission may, upon petition, allow an individual
generator, a group of generators, or the host state of the compact,
to export low-level radioactive wastes to a low-level radioactive
waste disposal facility located outside the region. The commission
may approve the petition only by a two-thirds vote of the commission.
The permission to export low-level radioactive wastes shall be
effective for that period of time and for the amount of low-level
radioactive waste, and subject to any other term or condition, which
may be determined by the commission.
(21) The commission may approve, only by a two-thirds vote of the
commission, the exportation outside the region of material, which
otherwise meets the criteria of low-level radioactive waste, if the
sole purpose of the exportation is to process the material for
recycling.
(22) The commission shall, not later than 10 years before the
closure of the initial or subsequent regional disposal facility,
prepare a plan for the establishment of the next regional disposal
facility.
Article 4. Rights, Responsibilities, and Obligations of Party
States
(A) There shall be regional disposal facilities sufficient to
dispose of the low-level radioactive waste generated within the
region.
(B) Low-level radioactive waste generated within the region shall
be disposed of at regional disposal facilities and each party state
shall have access to any regional disposal facility without
discrimination.
(C) (1) Upon the effective date of this compact, the State of
California shall serve as the host state and shall comply with the
requirements of subdivision (E) for at least 30 years from the date
the regional disposal facility begins to accept low-level radioactive
waste for disposal. The extension of the obligation and duration
shall be at the option of the State of California.
If the State of California does not extend this obligation, the
party state, other than the State of California, which is the largest
major generator state shall then serve as the host state for the
second regional disposal facility.
The obligation of a host state which hosts the second regional
disposal facility shall also run for 30 years from the date the
second regional disposal facility begins operations.
(2) The host state may close its regional disposal facility when
necessary for public health or safety.
(D) The party states of this compact cannot be members of another
regional low-level radioactive waste compact entered into pursuant to
the Low-Level Radioactive Waste Policy Act, as amended by the
Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C.
Secs. 2021b to 2021j, incl.).
(E) A host state shall do all of the following:
(1) Cause a regional disposal facility to be developed on a timely
basis.
(2) Ensure by law, consistent with any applicable federal laws,
the protection and preservation of public health and safety in the
siting, design, development, licensing, regulation, operation,
closure, decommissioning, and long-term care of the regional disposal
facilities within the state.
(3) Ensure that charges for disposal of low-level radioactive
waste at the regional disposal facility are reasonably sufficient to
do all of the following:
(a) Ensure the safe disposal of low-level radioactive waste and
long-term care of the regional disposal facility.
(b) Pay for the cost of inspection, enforcement, and surveillance
activities at the regional disposal facility.
(c) Assure that charges are assessed without discrimination as to
the party state of origin.
(4) Submit an annual report to the commission on the status of the
regional disposal facility including projections of the facility's
anticipated future capacity.
(5) The host state and the operator shall notify the commission
immediately upon the occurrence of any event which could cause a
possible temporary or permanent closure of a regional disposal
facility.
(F) Each party state is subject to the following duties and
authority:
(1) To the extent authorized by federal law, each party state
shall develop and enforce procedures requiring low-level radioactive
waste shipments originating within its borders and destined for a
regional disposal facility to conform to packaging and transportation
requirements and regulations. These procedures shall include, but
are not limited to, all of the following requirements:
(a) Periodic inspections of packaging and shipping practices.
(b) Periodic inspections of low-level radioactive waste containers
while in the custody of transporters.
(c) Appropriate enforcement actions with respect to violations.
(2) A party state may impose a surcharge on the low-level
radioactive waste generators within the state to pay for activities
required by paragraph (1).
(3) To the extent authorized by federal law, each party state
shall, after receiving notification from a host state that a person
in a party state has violated packaging, shipping, or transportation
requirements or regulations, take appropriate actions to ensure that
these violations do not continue. Appropriate actions may include,
but are not limited to, requiring that a bond be posted by the
violator to pay the cost of repackaging at the regional disposal
facility and prohibit future shipments to the regional disposal
facility.
(4) Each party state shall maintain a registry of all generators
within the state that may have low-level radioactive waste to be
disposed of at a regional disposal facility, including, but not
limited to, the amount of low-level radioactive waste and the class
of low-level radioactive waste generated by each generator.
(5) Each party state shall encourage generators within its borders
to minimize the volume of low-level radioactive waste requiring
disposal.
(6) Each party state may rely on the good faith performance of the
other party states to perform those acts which are required by this
compact to provide regional disposal facilities, including the use of
the regional disposal facilities in a manner consistent with this
compact.
(7) Each party state shall provide the commission with any data
and information necessary for the implementation of the commission's
responsibilities, including taking those actions necessary to obtain
this data or information.
(8) Each party state shall agree that only low-level radioactive
waste generated within the jurisdiction of the party states shall be
disposed of in the regional disposal facility, except as provided in
paragraph (19) of subdivision (G) of Article 3.
(9) Each party state shall agree that if there is any injury to
persons on property resulting from the operation of a regional
disposal facility, the damages resulting from the injury may be paid
from the third-party liability fund pursuant to subparagraph (b) of
paragraph (3) of subdivision (G) of Article 3, only to the extent
that the damages exceed the limits of liability insurance carried by
the operator. No party state, by joining this compact, assumes any
liability resulting from the siting, operation, maintenance,
long-term care, or other activity relating to a regional facility,
and no party state shall be liable for any harm or damage resulting
from a regional facility not located within the state.
Article 5. Approval of Regional Facilities
A regional disposal facility shall be approved by the host state
in accordance with its laws. This compact does not confer any
authority on the commission regarding the siting, design,
development, licensure, or other regulation, or the operation,
closure, decommissioning, or long-term care of, any regional disposal
facility within a party state.
Article 6. Prohibited Acts and Penalties
(A) No person shall dispose of low-level radioactive waste within
the region unless the disposal is at a regional disposal facility,
except as otherwise provided in paragraphs (20) and (21) of
subdivision (G) of Article 3.
(B) No person shall dispose of or manage any low-level radioactive
waste within the region unless the low-level radioactive waste was
generated within the region, except as provided in paragraphs (19),
(20), and (21) of subdivision (G) of Article 3.
(C) Violations of this section shall be reported to the
appropriate law enforcement agency within the party state's
jurisdiction.
(D) Violations of this section may result in prohibiting the
violator from disposing of low-level radioactive waste in the
regional disposal facility, as determined by the commission or the
host state.
Article 7. Eligibility, Entry into Effect, Congressional
Consent, Withdrawal, Exclusion
(A) The States of Arizona, North Dakota, South Dakota, and
California are eligible to become parties to this compact. Any other
state may be made eligible by a majority vote of the commission and
ratification by the legislatures of all of the party states by
statute, and upon compliance with those terms and conditions for
eligibility which the host state may establish. The host state may
establish all terms and conditions for the entry of any state, other
than the states named in this subparagraph, as a member of this
compact.
(B) Upon compliance with the other provisions of this compact, an
eligible state may become a party state by legislative enactment of
this compact or by executive order of the governor of the state
adopting this compact. 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 after the executive order
is issued, unless before the adjournment the legislature enacts this
compact.
(C) A party state, other than the host state, may withdraw from
the compact by repealing the enactment of this compact, but this
withdrawal shall not become effective until two years after the
effective date of the repealing legislation. If a party state which
is a major generator of low-level radioactive waste voluntarily
withdraws from the compact pursuant to this subdivision, that state
shall make arrangements for the disposal of the other party states'
low-level radioactive waste for a time period equal to the period of
time it was a member of this compact.
If the host state withdraws from the compact, the withdrawal shall
not become effective until five years after the effective date of
the repealing legislation.
(D) A party state may be excluded from this compact by a
two-thirds vote of the commission members, acting in a meeting, if
the state to be excluded has failed to carry out any obligations
required by compact.
(E) This compact shall take effect upon the enactment by statute
by the legislatures of the State of California and at least one other
eligible state and upon the consent of Congress and shall remain in
effect until otherwise provided by federal law. This compact is
subject to review by Congress and the withdrawal of the consent of
Congress every five years after its effective date, pursuant to
federal law.
Article 8. Construction and Severability
(A) 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 be infringed unnecessarily.
(B) This compact does not affect any judicial proceeding pending
on the effective date of this compact.
(C) If any provision of this compact or the application thereof to
any person or circumstances is held invalid, that invalidity shall
not affect other provisions or applications of the compact that can
be given effect without the invalid provision or application, and to
this end the provisions of this compact are severable.
(D) Nothing in this compact diminishes or otherwise impairs the
jurisdiction, authority, or discretion of either of the following:
(1) The Nuclear Regulatory Commission pursuant to the Atomic
Energy Act of 1954, as amended (42 U.S.C. Sec. 2011 et seq.).
(2) An agreement state under Section 274 of the Atomic Energy Act
of 1954, as amended (42 U.S.C. Sec. 2021).
(E) Nothing in this compact confers any new authority on the
states or commission to do any of the following:
(1) Regulate the packaging or transportation of low-level
radioactive waste in a manner inconsistent with the regulations of
the Nuclear Regulatory Commission or the United States Department of
Transportation.
(2) Regulate health, safety, or environmental hazards from source,
byproduct, or special nuclear material.
(3) Inspect the activities of licensees of the agreement states or
of the Nuclear Regulatory Commission.
115260. Notwithstanding Section 115255, authority for on-highway
routing and enforcement relating to low-level radioactive waste
shall, pursuant to other provisions of law, remain with the
Department of the California Highway Patrol for low-level radioactive
waste generated from, and shipments into, California.
115261. (a) The department may not issue a license to dispose of
low-level radioactive waste pursuant to this chapter, or renew a
license that has been issued by the department pursuant to this
chapter, unless the department determines that the siting, design,
operation, and closure of the facility will, at a minimum, comply
with the performance requirements and objectives of the Nuclear
Regulatory Commission specified in Part 61 of Title 10 of the Code of
Federal Regulations.
(b) The department may not issue a license to dispose of low-level
radioactive waste pursuant to this chapter, or renew a license that
has been issued by the department pursuant to this chapter, unless
the disposal facility is sited, designed, constructed, and operated
to do all of the following:
(1) Consist of multiple, engineered barriers to provide for the
retention of the radioactive waste within the engineered barriers to
last not less than 500 years, using best available technology.
(2) Provide visual inspection or remote monitoring to detect
potential or actual releases of low-level radioactive waste from the
engineered barriers.
(3) Provide methods to prevent potential releases or remediate
actual releases of low-level radioactive waste from the engineered
barriers when monitoring detects potential or actual releases.
(4) Be sited in a location and with soils and hydrology that, if
the engineered barriers fail, the natural site characteristics would
minimize migration of radioactive materials.
(c) A facility for the disposal of low-level radioactive waste may
not use shallow land burial.
(d) (1) The department may issue a license to dispose of low-level
radioactive waste pursuant to this chapter only if the department
determines there is a preponderance of scientific evidence that there
is not a hydrologic pathway whereby the Colorado River or any other
agricultural or drinking water source could be contaminated with
radioactive waste and harm public health or the environment.
(2) The proposed Ward Valley low-level radioactive disposal site
in San Bernardino County may not serve as the state's low-level
radioactive disposal facility for purposes of Article 5 of the
compact.
(3) The state may not accept ownership or any other property
rights to the site of the Ward Valley low-level radioactive waste
disposal facility.
(e) For the purposes of this section, the following terms have the
following meanings:
(1) "Commission" means the United States Nuclear Regulatory
Commission.
(2) "Compact" means the Southwestern Low-Level Radioactive Waste
Disposal Compact described in Section 115255.
(3) "Department" means the Department of Health Services.
(4) "Low-level radioactive waste" has the same meaning as defined
in Article 2 of the compact.
(5) "Low-level radioactive waste disposal facility," or "facility"
means all contiguous land and structures, other appurtenances, and
improvements, on the land used for the disposal of low-level
radioactive waste.
(6) "Shallow land burial" means the disposal of low-level
radioactive waste in or within the upper 30 meters of the earth's
surface without the use of additional confinement by engineered
barriers. Shallow land burial does not include the disposal of
low-level radioactive waste if the disposal facility meets the
requirements of subdivisions (b) and (c).
(f) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
115265. Notwithstanding Section 115255, authority for rail
transportation routing and enforcement relating to low-level
radioactive waste shall remain with the Public Utilities Commission
pursuant to the Public Utilities Act (Part 1 (commencing with Section
201) of Division 1 of the Public Utilities Code) for low-level
radioactive waste generated from, and shipped into, California.
115270. The department shall adopt regulations specifying the modes
of transportation which are most protective of public health and the
environment which shall be used by generators to transport low-level
radioactive waste within the state.
115250. The Legislature of the State of California hereby enacts
and ratifies the agreement set forth in Section 115255 and designated
as the "Southwestern Low-Level Radioactive Waste Disposal Compact,"
entered into pursuant to the Low-Level Radioactive Waste Policy Act,
as amended by the Low-Level Radioactive Waste Policy Amendments Act
of 1985 (42 U.S.C. Sec. 2021b to 2021j, incl.). This compact shall
become effective in accordance with Article 7 of the compact as set
forth in Section 115255.
115255. The provisions of the Southwestern Low-Level Radioactive
Waste Disposal Compact are as follows:
Article 1. Compact Policy and Formation
The party states hereby find and declare all of the following:
(A) The United States Congress, by enacting the Low-Level
Radioactive Waste Policy Act, Public Law 96-573, as amended by the
Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C.
Sec. 2021b to 2021j, incl.), has encouraged the use of interstate
compacts to provide for the establishment and operation of facilities
for regional management of low-level radioactive waste.
(B) It is the purpose of this compact to provide the means for
such a cooperative effort between or among party states to protect
the citizens of the states and the states' environments.
(C) It is the policy of party states to this compact to encourage
the reduction of the volume of low-level radioactive waste requiring
disposal within the compact region.
(D) It is the policy of the party states that the protection of
the health and safety of their citizens and the most ecological and
economical management of low-level radioactive wastes can be
accomplished through cooperation of the states by minimizing the
amount of handling and transportation required to dispose of these
wastes and by providing facilities that serve the compact region.
(E) Each party state, if an agreement state pursuant to Section
2021 of Title 42 of the United States Code, or the Nuclear Regulatory
Commission if not an agreement state, is responsible for the primary
regulation of radioactive materials within its jurisdiction.
Article 2. Definitions
As used in this compact, unless the context clearly indicates
otherwise, the following definitions apply:
(A) "Commission" means the Southwestern Low-Level Radioactive
Waste Commission established in Article 3 of this compact.
(B) "Compact region" or "region" means the combined geographical
area within the boundaries of the party states.
(C) "Disposal" means the permanent isolation of low-level
radioactive waste pursuant to requirements established by the Nuclear
Regulatory Commission and the Environmental Protection Agency under
applicable laws, or by a party state if that state hosts a disposal
facility.
(D) "Generate," when used in relation to low-level radioactive
waste, means to produce low-level radioactive waste.
(E) "Generator" means a person whose activity, excluding the
management of low-level radioactive waste, results in the production
of low-level radioactive waste.
(F) "Host county" means a county, or other similar political
subdivision of a party state, in which a regional disposal facility
is located or being developed.
(G) "Host state" means a party state in which a regional disposal
facility is located or being developed. The State of California is
the host state under this compact for the first 30 years from the
date the California regional disposal facility commences operations.
(H) "Institutional control period" means that period of time in
which the facility license is transferred to the disposal site owner
in compliance with the appropriate regulations for long-term
observation and maintenance following the postclosure period.
(I) "Low-level radioactive waste" means regulated radioactive
material that meets all of the following requirements:
(1) The waste is not high-level radioactive waste, spent nuclear
fuel, or byproduct material (as defined in Section 11e(2) of the
Atomic Energy Act of 1954 (42 U.S.C. Sec. 2014(e)(2))).
(2) The waste is not uranium mining or mill tailings.
(3) The waste is not any waste for which the federal government is
responsible pursuant to subdivision (b) of Section 3 of the
Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C.
Sec. 2021c(b)).
(4) The waste is not an alpha emitting transuranic nuclide with a
half-life greater than five years and with a concentration greater
than 100 nanocuries per gram, or Plutonium-241 with a concentration
greater than 3,500 nanocuries per gram, or Curium-242 with a
concentration greater than 20,000 nanocuries per gram.
(J) "Management" means collection, consolidation, storage,
packaging, or treatment.
(K) "Major generator state" means a party state that generates 10
percent of the total amount of low-level radioactive waste produced
within the compact region and disposed of at the regional disposal
facility.
If no party state other than California generates at least 10
percent of the total amount, "major generator state" means the party
state which is second to California in the amount of waste produced
within the compact region and disposed of at the regional disposal
facility.
(L) "Operator" means a person who operates a regional disposal
facility.
(M) "Party state" means any state that has become a party in
accordance with Article 7 of this compact.
(N) "Person" means an individual, corporation, partnership, or
other legal entity, whether public or private.
(O) "Postclosure period" means that period of time after
completion of closure of a disposal facility during which the
licensee shall observe, monitor, and carry out necessary maintenance
and repairs at the disposal facility to assure that the disposal
facility will remain stable and will not need ongoing active
maintenance. This period ends with the beginning of the institutional
control period.
(P) "Regional disposal facility" means a nonfederal low-level
radioactive waste disposal facility established and operated under
this compact.
(Q) "Site closure and stabilization" means the activities of the
disposal facility operator taken at the end of the disposal facility'
s operating life to assure the continued protection of the public
from any residual radioactivity or other potential hazards present at
the disposal facility.
(R) "Transporter" means a person who transports low-level
radioactive waste.
(S) "Uranium mine and mill tailings" means waste resulting from
mining and processing of ores containing uranium.
Article 3. The Commission
(A) There is hereby established the Southwestern Low-Level
Radioactive Waste Commission.
(1) The commission shall consist of one voting member from each
party state to be appointed by the Governor, confirmed by the Senate
of that party state, and to serve at the pleasure of the Governor of
each party state, and one voting member from the host county. The
appointing authority of each party state shall notify the commission
in writing of the identity of the member and of any alternates. An
alternate may act in the member's absence.
(2) The host state shall also appoint that number of additional
voting members of the commission that is necessary for the host state'
s members to compose at least 51 percent of the membership on the
commission. The host state's additional members shall be appointed by
the host state Governor and confirmed by the host state Senate.
If there is more than one host state, only the state in which is
located the regional disposal facility actively accepting low-level
radioactive waste pursuant to this compact may appoint these
additional members.
(3) If the host county has not been selected at the time the
commission is appointed, the Governor of the host state shall appoint
an interim local government member, who shall be an elected
representative of a local government. After a host county is
selected, the interim local government member shall resign and the
Governor shall appoint the host county member pursuant to paragraph
(4).
(4) The Governor shall appoint the host county member from a list
of at least seven candidates compiled by the board of supervisors of
the host county.
(5) In recommending and appointing the host county member pursuant
to paragraph (4), the board of supervisors and the Governor shall
give first consideration to recommending and appointing the member of
the board of supervisors in whose district the regional disposal
facility is located or being developed. If the board of supervisors
of the host county does not provide a list to the Governor of at
least seven candidates from which to choose, the Governor shall
appoint a resident of the host county as the host county member.
(6) The host county member is subject to confirmation by the
Senate of that party state and shall serve at the pleasure of the
Governor of the host state.
(B) The commission is a legal entity separate and distinct from
the party states and shall be so liable for its actions. Members of
the commission shall not be personally liable for actions taken in
their official capacity. The liabilities of the commission shall not
be deemed liabilities of the party states.
(C) The commission shall conduct its business affairs pursuant to
the laws of the host state and disputes arising out of commission
action shall be governed by the laws of the host state. The
commission shall be located in the capital city of the host state in
which the regional disposal facility is located.
(D) The commission's records shall be subject to the host state's
public records law, and the meetings of the commission shall be open
and public in accordance with the host state's open meeting law.
(E) The commission members are public officials of the appointing
state and shall be subject to the conflict of interest laws, as well
as any other law, of the appointing state. The commission members
shall be compensated according to the appointing state's law.
(F) Each commission member is entitled to one vote. A majority of
the commission constitutes a quorum. Unless otherwise provided in
this compact, a majority of the total number of votes on the
commission is necessary for the commission to take any action.
(G) The commission has all of the following duties and authority:
(1) The commission shall do, pursuant to the authority granted by
this compact, whatever is reasonably necessary to ensure that
low-level radioactive wastes are safely disposed of and managed
within the region.
(2) The commission shall meet at least once a year and otherwise
as business requires.
(3) The commission shall establish a compact surcharge to be
imposed upon party state generators. The surcharge shall be based
upon the cubic feet of low-level radioactive waste and the
radioactivity of the low-level radioactive waste and shall be
collected by the operator of the disposal facility.
The host state shall set, and the commission shall impose, the
surcharge after congressional approval of the compact. The amount of
the surcharge shall be sufficient to establish and maintain at a
reasonable level funds for all of the following purposes:
(a) The activities of the commission and commission staff.
(b) At the discretion of the host state, a third-party liability
fund to provide compensation for injury to persons or property during
the operational, closure, stabilization, and postclosure and
institutional control periods of the regional disposal facility. This
subparagraph does not limit the responsibility or liability of the
operator, who shall comply with any federal or host state statutes or
regulations regarding third-party liability claims.
(c) A local government reimbursement fund, for the purpose of
reimbursing the local government entity or entities hosting the
regional disposal facility for any costs or increased burdens on the
local governmental entity for services, including, but not limited
to, general fund expenses, the improvement and maintenance of roads
and bridges, fire protection, law enforcement, monitoring by local
health officials, and emergency preparation and response related to
the hosting of the regional disposal facility.
(4) The surcharges imposed by the commission for purposes of
subparagraphs (b) and (c) of paragraph (3) and surcharges pursuant to
paragraph (3) of subdivision (E) of Article 4 shall be transmitted
on a monthly basis to the host state for distribution to the proper
accounts.
(5) The commission shall establish a fiscal year that conforms to
the fiscal years of the party states to the extent possible.
(6) The commission shall keep an accurate account of all receipts
and disbursements. An annual audit of the books of the commission
shall be conducted by an independent certified public accountant, and
the audit report shall be made a part of the annual report of the
commission.
(7) The commission shall prepare and include in the annual report
a budget showing anticipated receipts and disbursements for the
subsequent fiscal year.
(8) The commission may accept any grants, equipment, supplies,
materials, or services, conditional or otherwise, from the federal or
state government. The nature, amount and condition, if any, of any
donation, grant, or other resources accepted pursuant to this
paragraph and the identity of the donor or grantor shall be detailed
in the annual report of the commission.
However, the host state shall receive, for the uses specified in
subparagraph (E) of paragraph (2) of subsection (d) of Section 2021e
of Title 42 of the United States Code, any payments paid from the
special escrow account for which the Secretary of Energy is trustee
pursuant to subparagraph (A) of paragraph (2) of subsection (d) of
Section 2021 (e) of Title 42 of the United States Code.
(9) The commission shall submit communications to the governors
and to the presiding officers of the legislatures of the party states
regarding the activities of the commission, including an annual
report to be submitted on or before January 15 of each year. The
commission shall include in the annual report a review of, and
recommendations for, low-level radioactive waste disposal methods
which are alternative technologies to the shallow land burial of
low-level radioactive waste.
(10) The commission shall assemble and make available to the party
states, and to the public, information concerning low-level
radioactive waste management needs, technologies, and problems.
(11) The commission shall keep a current inventory of all
generators within the region, based upon information provided by the
party states.
(12) The commission shall keep a current inventory of all regional
disposal facilities, including information on the size, capacity,
location, specific low-level radioactive wastes capable of being
managed, and the projected useful life of each regional disposal
facility.
(13) The commission may establish advisory committees for the
purpose of advising the commission on the disposal and management of
low-level radioactive waste.
(14) The commission may enter into contracts to carry out its
duties and authority, subject to projected resources. No contract
made by the commission shall bind a party state.
(15) The commission shall prepare contingency plans, with the
cooperation and approval of the host state, for the disposal and
management of low-level radioactive waste in the event that any
regional disposal facility should be closed.
(16) The commission may sue and be sued and, when authorized by a
majority vote of the members, may seek to intervene in an
administrative or judicial proceeding related to this compact.
(17) The commission shall be managed by an appropriate staff,
including an executive director. Notwithstanding any other provision
of law, the commission may hire or retain, or both, legal counsel.
(18) The commission may, subject to applicable federal and state
laws, recommend to the appropriate host state authority suitable land
and rail transportation routes for low-level radioactive waste
carriers.
(19) The commission may enter into an agreement to import
low-level radioactive waste into the region only if both of the
following requirements are met:
(a) The commission approves the importation agreement by a
two-thirds vote of the commission.
(b) The commission and the host state assess the affected regional
disposal facilities' capability to handle imported low-level
radioactive wastes and any relevant environmental or economic
factors, as defined by the host state's appropriate regulatory
authorities.
(20) The commission may, upon petition, allow an individual
generator, a group of generators, or the host state of the compact,
to export low-level radioactive wastes to a low-level radioactive
waste disposal facility located outside the region. The commission
may approve the petition only by a two-thirds vote of the commission.
The permission to export low-level radioactive wastes shall be
effective for that period of time and for the amount of low-level
radioactive waste, and subject to any other term or condition, which
may be determined by the commission.
(21) The commission may approve, only by a two-thirds vote of the
commission, the exportation outside the region of material, which
otherwise meets the criteria of low-level radioactive waste, if the
sole purpose of the exportation is to process the material for
recycling.
(22) The commission shall, not later than 10 years before the
closure of the initial or subsequent regional disposal facility,
prepare a plan for the establishment of the next regional disposal
facility.
Article 4. Rights, Responsibilities, and Obligations of Party
States
(A) There shall be regional disposal facilities sufficient to
dispose of the low-level radioactive waste generated within the
region.
(B) Low-level radioactive waste generated within the region shall
be disposed of at regional disposal facilities and each party state
shall have access to any regional disposal facility without
discrimination.
(C) (1) Upon the effective date of this compact, the State of
California shall serve as the host state and shall comply with the
requirements of subdivision (E) for at least 30 years from the date
the regional disposal facility begins to accept low-level radioactive
waste for disposal. The extension of the obligation and duration
shall be at the option of the State of California.
If the State of California does not extend this obligation, the
party state, other than the State of California, which is the largest
major generator state shall then serve as the host state for the
second regional disposal facility.
The obligation of a host state which hosts the second regional
disposal facility shall also run for 30 years from the date the
second regional disposal facility begins operations.
(2) The host state may close its regional disposal facility when
necessary for public health or safety.
(D) The party states of this compact cannot be members of another
regional low-level radioactive waste compact entered into pursuant to
the Low-Level Radioactive Waste Policy Act, as amended by the
Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C.
Secs. 2021b to 2021j, incl.).
(E) A host state shall do all of the following:
(1) Cause a regional disposal facility to be developed on a timely
basis.
(2) Ensure by law, consistent with any applicable federal laws,
the protection and preservation of public health and safety in the
siting, design, development, licensing, regulation, operation,
closure, decommissioning, and long-term care of the regional disposal
facilities within the state.
(3) Ensure that charges for disposal of low-level radioactive
waste at the regional disposal facility are reasonably sufficient to
do all of the following:
(a) Ensure the safe disposal of low-level radioactive waste and
long-term care of the regional disposal facility.
(b) Pay for the cost of inspection, enforcement, and surveillance
activities at the regional disposal facility.
(c) Assure that charges are assessed without discrimination as to
the party state of origin.
(4) Submit an annual report to the commission on the status of the
regional disposal facility including projections of the facility's
anticipated future capacity.
(5) The host state and the operator shall notify the commission
immediately upon the occurrence of any event which could cause a
possible temporary or permanent closure of a regional disposal
facility.
(F) Each party state is subject to the following duties and
authority:
(1) To the extent authorized by federal law, each party state
shall develop and enforce procedures requiring low-level radioactive
waste shipments originating within its borders and destined for a
regional disposal facility to conform to packaging and transportation
requirements and regulations. These procedures shall include, but
are not limited to, all of the following requirements:
(a) Periodic inspections of packaging and shipping practices.
(b) Periodic inspections of low-level radioactive waste containers
while in the custody of transporters.
(c) Appropriate enforcement actions with respect to violations.
(2) A party state may impose a surcharge on the low-level
radioactive waste generators within the state to pay for activities
required by paragraph (1).
(3) To the extent authorized by federal law, each party state
shall, after receiving notification from a host state that a person
in a party state has violated packaging, shipping, or transportation
requirements or regulations, take appropriate actions to ensure that
these violations do not continue. Appropriate actions may include,
but are not limited to, requiring that a bond be posted by the
violator to pay the cost of repackaging at the regional disposal
facility and prohibit future shipments to the regional disposal
facility.
(4) Each party state shall maintain a registry of all generators
within the state that may have low-level radioactive waste to be
disposed of at a regional disposal facility, including, but not
limited to, the amount of low-level radioactive waste and the class
of low-level radioactive waste generated by each generator.
(5) Each party state shall encourage generators within its borders
to minimize the volume of low-level radioactive waste requiring
disposal.
(6) Each party state may rely on the good faith performance of the
other party states to perform those acts which are required by this
compact to provide regional disposal facilities, including the use of
the regional disposal facilities in a manner consistent with this
compact.
(7) Each party state shall provide the commission with any data
and information necessary for the implementation of the commission's
responsibilities, including taking those actions necessary to obtain
this data or information.
(8) Each party state shall agree that only low-level radioactive
waste generated within the jurisdiction of the party states shall be
disposed of in the regional disposal facility, except as provided in
paragraph (19) of subdivision (G) of Article 3.
(9) Each party state shall agree that if there is any injury to
persons on property resulting from the operation of a regional
disposal facility, the damages resulting from the injury may be paid
from the third-party liability fund pursuant to subparagraph (b) of
paragraph (3) of subdivision (G) of Article 3, only to the extent
that the damages exceed the limits of liability insurance carried by
the operator. No party state, by joining this compact, assumes any
liability resulting from the siting, operation, maintenance,
long-term care, or other activity relating to a regional facility,
and no party state shall be liable for any harm or damage resulting
from a regional facility not located within the state.
Article 5. Approval of Regional Facilities
A regional disposal facility shall be approved by the host state
in accordance with its laws. This compact does not confer any
authority on the commission regarding the siting, design,
development, licensure, or other regulation, or the operation,
closure, decommissioning, or long-term care of, any regional disposal
facility within a party state.
Article 6. Prohibited Acts and Penalties
(A) No person shall dispose of low-level radioactive waste within
the region unless the disposal is at a regional disposal facility,
except as otherwise provided in paragraphs (20) and (21) of
subdivision (G) of Article 3.
(B) No person shall dispose of or manage any low-level radioactive
waste within the region unless the low-level radioactive waste was
generated within the region, except as provided in paragraphs (19),
(20), and (21) of subdivision (G) of Article 3.
(C) Violations of this section shall be reported to the
appropriate law enforcement agency within the party state's
jurisdiction.
(D) Violations of this section may result in prohibiting the
violator from disposing of low-level radioactive waste in the
regional disposal facility, as determined by the commission or the
host state.
Article 7. Eligibility, Entry into Effect, Congressional
Consent, Withdrawal, Exclusion
(A) The States of Arizona, North Dakota, South Dakota, and
California are eligible to become parties to this compact. Any other
state may be made eligible by a majority vote of the commission and
ratification by the legislatures of all of the party states by
statute, and upon compliance with those terms and conditions for
eligibility which the host state may establish. The host state may
establish all terms and conditions for the entry of any state, other
than the states named in this subparagraph, as a member of this
compact.
(B) Upon compliance with the other provisions of this compact, an
eligible state may become a party state by legislative enactment of
this compact or by executive order of the governor of the state
adopting this compact. 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 after the executive order
is issued, unless before the adjournment the legislature enacts this
compact.
(C) A party state, other than the host state, may withdraw from
the compact by repealing the enactment of this compact, but this
withdrawal shall not become effective until two years after the
effective date of the repealing legislation. If a party state which
is a major generator of low-level radioactive waste voluntarily
withdraws from the compact pursuant to this subdivision, that state
shall make arrangements for the disposal of the other party states'
low-level radioactive waste for a time period equal to the period of
time it was a member of this compact.
If the host state withdraws from the compact, the withdrawal shall
not become effective until five years after the effective date of
the repealing legislation.
(D) A party state may be excluded from this compact by a
two-thirds vote of the commission members, acting in a meeting, if
the state to be excluded has failed to carry out any obligations
required by compact.
(E) This compact shall take effect upon the enactment by statute
by the legislatures of the State of California and at least one other
eligible state and upon the consent of Congress and shall remain in
effect until otherwise provided by federal law. This compact is
subject to review by Congress and the withdrawal of the consent of
Congress every five years after its effective date, pursuant to
federal law.
Article 8. Construction and Severability
(A) 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 be infringed unnecessarily.
(B) This compact does not affect any judicial proceeding pending
on the effective date of this compact.
(C) If any provision of this compact or the application thereof to
any person or circumstances is held invalid, that invalidity shall
not affect other provisions or applications of the compact that can
be given effect without the invalid provision or application, and to
this end the provisions of this compact are severable.
(D) Nothing in this compact diminishes or otherwise impairs the
jurisdiction, authority, or discretion of either of the following:
(1) The Nuclear Regulatory Commission pursuant to the Atomic
Energy Act of 1954, as amended (42 U.S.C. Sec. 2011 et seq.).
(2) An agreement state under Section 274 of the Atomic Energy Act
of 1954, as amended (42 U.S.C. Sec. 2021).
(E) Nothing in this compact confers any new authority on the
states or commission to do any of the following:
(1) Regulate the packaging or transportation of low-level
radioactive waste in a manner inconsistent with the regulations of
the Nuclear Regulatory Commission or the United States Department of
Transportation.
(2) Regulate health, safety, or environmental hazards from source,
byproduct, or special nuclear material.
(3) Inspect the activities of licensees of the agreement states or
of the Nuclear Regulatory Commission.
115260. Notwithstanding Section 115255, authority for on-highway
routing and enforcement relating to low-level radioactive waste
shall, pursuant to other provisions of law, remain with the
Department of the California Highway Patrol for low-level radioactive
waste generated from, and shipments into, California.
115261. (a) The department may not issue a license to dispose of
low-level radioactive waste pursuant to this chapter, or renew a
license that has been issued by the department pursuant to this
chapter, unless the department determines that the siting, design,
operation, and closure of the facility will, at a minimum, comply
with the performance requirements and objectives of the Nuclear
Regulatory Commission specified in Part 61 of Title 10 of the Code of
Federal Regulations.
(b) The department may not issue a license to dispose of low-level
radioactive waste pursuant to this chapter, or renew a license that
has been issued by the department pursuant to this chapter, unless
the disposal facility is sited, designed, constructed, and operated
to do all of the following:
(1) Consist of multiple, engineered barriers to provide for the
retention of the radioactive waste within the engineered barriers to
last not less than 500 years, using best available technology.
(2) Provide visual inspection or remote monitoring to detect
potential or actual releases of low-level radioactive waste from the
engineered barriers.
(3) Provide methods to prevent potential releases or remediate
actual releases of low-level radioactive waste from the engineered
barriers when monitoring detects potential or actual releases.
(4) Be sited in a location and with soils and hydrology that, if
the engineered barriers fail, the natural site characteristics would
minimize migration of radioactive materials.
(c) A facility for the disposal of low-level radioactive waste may
not use shallow land burial.
(d) (1) The department may issue a license to dispose of low-level
radioactive waste pursuant to this chapter only if the department
determines there is a preponderance of scientific evidence that there
is not a hydrologic pathway whereby the Colorado River or any other
agricultural or drinking water source could be contaminated with
radioactive waste and harm public health or the environment.
(2) The proposed Ward Valley low-level radioactive disposal site
in San Bernardino County may not serve as the state's low-level
radioactive disposal facility for purposes of Article 5 of the
compact.
(3) The state may not accept ownership or any other property
rights to the site of the Ward Valley low-level radioactive waste
disposal facility.
(e) For the purposes of this section, the following terms have the
following meanings:
(1) "Commission" means the United States Nuclear Regulatory
Commission.
(2) "Compact" means the Southwestern Low-Level Radioactive Waste
Disposal Compact described in Section 115255.
(3) "Department" means the Department of Health Services.
(4) "Low-level radioactive waste" has the same meaning as defined
in Article 2 of the compact.
(5) "Low-level radioactive waste disposal facility," or "facility"
means all contiguous land and structures, other appurtenances, and
improvements, on the land used for the disposal of low-level
radioactive waste.
(6) "Shallow land burial" means the disposal of low-level
radioactive waste in or within the upper 30 meters of the earth's
surface without the use of additional confinement by engineered
barriers. Shallow land burial does not include the disposal of
low-level radioactive waste if the disposal facility meets the
requirements of subdivisions (b) and (c).
(f) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
115265. Notwithstanding Section 115255, authority for rail
transportation routing and enforcement relating to low-level
radioactive waste shall remain with the Public Utilities Commission
pursuant to the Public Utilities Act (Part 1 (commencing with Section
201) of Division 1 of the Public Utilities Code) for low-level
radioactive waste generated from, and shipped into, California.
115270. The department shall adopt regulations specifying the modes
of transportation which are most protective of public health and the
environment which shall be used by generators to transport low-level
radioactive waste within the state.
