[§339K-1]  Enactment of compact.  TheNorthwest Interstate Compact on Low-level Radioactive Waste Management ishereby enacted into law and entered into by the State of Hawaii as a party, andis in full force and effect between the State and any other state joiningtherein in accordance with the terms of the compact, which compact issubstantially as follows:

 

ARTICLE I. POLICY AND PURPOSE

 

The party states recognize that low-levelradioactive wastes are generated by essential activities and services thatbenefit the citizens of the states.  It is further recognized that theprotection of the health and safety of the citizens of the party states and themost economical management of low-level radioactive wastes can be accomplishedthrough cooperation of the states in minimizing the amount of handling andtransportation required to dispose of such wastes and through the cooperationof the states in providing facilities that serve the region.  It is the policyof the party states to undertake the necessary cooperation to protect thehealth and safety of the citizens of the party states and to provide for themost economical management of low-level radioactive wastes on a continuingbasis.  It is the purpose of this compact to provide the means for such a cooperativeeffort among the party states so that the protection of the citizens of thestates and the maintenance of the viability of the states’ economies will beenhanced while sharing the responsibilities of low-level radioactive wastemanagement.

 

ARTICLE II. DEFINITIONS

 

As used in this compact:

(a)  “Facility” means any site, location,structure, or property used or to be used for the storage, treatment, ordisposal of low-level waste, excluding federal waste facilities. (b) “Low-level waste” means waste material which contains radioactive-nuclidesemitting primarily beta or gamma radiation, or both, in concentrations orquantities which exceed applicable federal or state standards for unrestrictedrelease.  Low-level waste does not include waste containing more than tennanocuries of transuranic contaminants per gram of material, nor spent reactorfuel, nor material classified as either high-level waste or waste which isunsuited for disposal by near-surface burial under any applicable federal regulations;

(c)  “Generator” means any person, partnership,association, corporation, or any other entity whatsoever, which, as a part ofits activities, produces low-level radioactive waste;

(d)  “Host state” means a state in which afacility is located.

 

ARTICLE III. REGULATORY PRACTICES

 

Each party state hereby agrees to adoptpractices which will require low-level waste shipments originating within itsborders and destined for a facility within another party state to conform tothe applicable packaging and transportation requirements and regulations of thehost state.  Such practices shall include:

(a)  Maintaining an inventory of all generatorswithin the state that have shipped or expect to ship low-level waste tofacilities in another party state;

(b)  Periodic unannounced inspection of thepremises of such generators and the waste management activities thereon;

(c)  Authorization of the containers in whichsuch waste may be shipped, and a requirement that generators use only that typeof container authorized by the state;

(d)  Assurance that inspection of the carrierswhich transport such waste are conducted by proper authorities, and appropriateenforcement action taken for violations;

(e)  After receiving notification from a hoststate that a generator within the party state is in violation of applicablepackaging or transportation standards, the party state will take appropriateaction to assure that such violations do not recur.  Such action may includeinspection of every individual low-level waste shipment by that generator.

Each party state may impose fees upongenerators and shippers to recover the cost of the inspections and otherpractices under this article.  Nothing in this article shall be construed tolimit any party state’s authority to impose additional or more stringentstandards on generators or carriers than those required under this article.

 

ARTICLE IV. REGIONAL FACILITIES

 

(a)  Facilities located in any party state,other than facilities established or maintained by individual low-level wastegenerators for the management of their own low-level waste, shall acceptlow-level waste generated in any party state if such waste has been packagedand transported according to applicable laws and regulations.

(b)  After July 1, 1983, no facilitylocated in any party state may accept low-level waste generated outside of theregion comprised of the party states, except as provided in article V.

(c)  Until such time as paragraph (b) ofarticle IV takes effect, facilities located in any party state may acceptlow-level waste generated outside of any of the party states only if such wasteis accompanied by a certificate of compliance issued by an official of thestate in which such waste shipment originated.  Such certificate shall be in suchform as may be required by the host state, and shall contain at least thefollowing:

(1)  The generator’s name and address;

(2)  A description of the contents of the low-levelwaste container;

(3)  A statement that the low-level waste beingshipped has been inspected by the official who issued the certificate or by hisagent or by a representative of the United States nuclear regulatorycommission, and found to have been packaged in compliance with applicablefederal regulations and such additional requirements as may be imposed by thehost state;

(4)  A binding agreement by the state of origin toreimburse any party state for any liability or expense incurred as a result ofan accidental release of such waste during shipment or after such waste reachesthe facility.

(d)  Each party state shall cooperate with theother party states in determining the appropriate site of any facility thatmight be required within the region comprised of the party states, in order tomaximize public health and safety while minimizing the use of any one partystate as the host of such facilities on a permanent basis.  Each party statefurther agrees that decisions regarding low-level waste management facilitiesin their region will be reached through a good faith process which takes intoaccount the burdens borne by each of the party states as well as the benefitseach has received.

(e)  The party states recognize that the issueof hazardous chemical waste management is similar in many respects to that oflow-level waste management.  Therefore, in consideration of the State ofWashington allowing access to its low-level waste disposal facility bygenerators in other party states, party states such as Oregon and Idaho whichhost hazardous chemical waste disposal facilities will allow access to suchfacilities by generators within other party states.  Nothing in this compactshall be construed to prevent any party state from limiting the nature and typeof hazardous chemical or low-level wastes to be accepted at facilities within itsborders or from ordering the closure of such facilities, so long as such actionby a host state is applied equally to all generators within the regioncomprised of the party states.

(f)  Any host state may establish a schedule offees and requirements related to its facility, to assure that closure,perpetual care, and maintenance and contingency requirements are met, includingadequate bonding.

 

ARTICLE V. NORTHWEST LOW-LEVEL WASTE COMPACT COMMITTEE

 

The governor of each party state shalldesignate one official of that state as the person responsible foradministration of this compact.  The officials so designated shall togethercomprise the Northwest low-level waste compact committee.  The committee shallmeet as required to consider matters arising under this compact.  The officialsshall inform the committee of existing regulations concerning low-level wastemanagement in their states, and shall afford all other officials a reasonableopportunity to review and comment upon any proposed modification in suchregulations.  Notwithstanding any provision of article IV to the contrary, thecommittee may enter into arrangements with states, provinces, individualgenerators, or regional compact entities outside the region comprised of theparty states, for access to facilities on such terms and conditions as thecommittee may deem appropriate.  However, it shall require a two-thirds vote ofall such members, including the affirmative vote of the member of any partystate in which a facility affected by such arrangement is located, for thecommittee to enter into such arrangement.

 

ARTICLE VI. ELIGIBLE PARTIES AND EFFECTIVE DATE

 

(a)  Each of the following states is eligibleto become a party to this compact:  Alaska, Hawaii, Idaho, Montana, Oregon,Utah, Washington, and Wyoming.  As to any eligible party, this compact shallbecome effective upon enactment into law by that party, but it shall not becomeinitially effective until enactment into law by two states.  Any party statemay withdraw from this compact by enacting a statute repealing its approval.

(b)  After the compact has initially takeneffect pursuant to paragraph (a) of this article, any eligible party state maybecome a party to this compact by the execution of an executive order by thegovernor of the state.  Any state which becomes a party in this manner shallcease to be a party upon the final adjournment of the next general or regularsession of its legislature or July 1, 1983, whichever, occurs first,unless the compact has by then been enacted as a statute by that state.

(c)  This compact shall take effect uponconsent by congress.  As provided in Public Law 96-573, congress may withdrawits consent to the compact after every five year period.

 

ARTICLE VII. SEVERABILITY

 

If any provision of this compact, or itsapplication to any person or circumstance, is held to be invalid, all otherprovisions of this compact, and the application of all of its provisions to allother persons and circumstances, shall remain valid; and to this end the provisionsof this compact are severable. [L 1982, c 234, pt of §1]