30-721

30-721. Adoption and text of compact

The southwestern low-level radioactive waste disposal compact is adopted and enacted
into law 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 thirty 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
by-product 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 one hundred nanocuries per gram, or
plutonium-241 with a concentration greater than three thousand five hundred nanocuries
per gram, or curium-242 with a concentration greater than twenty thousand nanocuries per
gram.

(J) "Management" means collection, consolidation, storage, packaging, or treatment.

(K) "Major generator state" means a party state which generates ten per cent 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 ten per cent 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 radioactive 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 which is necessary for the host state's members to compose at least
fifty-one per cent 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 which 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 2021e 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 ten 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 thirty 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 thirty 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.

(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.

(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 or 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 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 which 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, by-product, or
special nuclear material.

(3) Inspect the activities of licensees of the agreement states or of the nuclear
regulatory commission.