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CHAPTER 6 - NUCLEAR COOPERATION AND RADIOACTIVE WASTE DISPOSAL

 

ARTICLE 1 - WESTERN INTERSTATE NUCLEAR COOPERATION COMPACT

 

9-6-101. Western Interstate Nuclear Compact.

 

TheWestern Interstate Nuclear Compact, hereinafter called "the compact,"is hereby enacted into law and entered into by the state of Wyoming as a party,and is in full force and effect between the state and any other states joiningtherein in accordance with the terms of the compact, which compact issubstantially as follows:

 

ArticleI. Policy and Purpose

 

The party states recognize that the properemployment of scientific and technological discoveries and advances in nuclearand related fields and direct and collateral application and adaptation ofprocesses and techniques developed in connection therewith, properly correlatedwith the other resources of the region, can assist substantially in theindustrial progress of the West and the further development of the economy ofthe region. They also recognize that optimum benefit from nuclear and relatedscientific or technological resources, facilities and skills requiressystematic encouragement, guidance, assistance, and promotion from the partystates on a cooperative basis. It is the policy of the party states toundertake such cooperation on a continuing basis. It is the purpose of thiscompact to provide the instruments and framework for such a cooperative effortin nuclear and related fields, to enhance the economy of the West andcontribute to the individual and community well-being of the region's people.

 

ArticleII. The Board

 

(a) There is herebycreated an agency of the party states to be known as the "westerninterstate nuclear board" (hereinafter called the board). The board shallbe composed of one (1) member from each party state designated or appointed inaccordance with the law of the state which he represents and serving andsubject to removal in accordance with such law. Any member of the board mayprovide for the discharge of his duties and the performance of his functionsthereon (either for the duration of his membership or for any lesser period oftime) by a deputy or assistant, if the laws of his state make specificprovisions therefor. The federal government may be represented without vote ifprovision is made by federal law for such representation.

 

(b) The board membersof the party states shall each be entitled to one (1) vote on the board. Noaction of the board shall be binding unless taken at a meeting at which amajority of all members representing the party states are present and unless amajority of the total number of votes on the board are cast in favor thereof.

 

(c) The board shallhave a seal.

 

(d) The board shallelect annually, from among its members, a chairman, a vice-chairman, and atreasurer. The board shall appoint and fix the compensation of an executivedirector who shall serve at its pleasure and who shall also act as secretary,and who, together with the treasurer, and such other personnel as the board maydirect, shall be bonded in such amounts as the board may require.

 

(e) The executivedirector, with the approval of the board, shall appoint and remove or dischargesuch personnel as may be necessary for the performance of the board's functionsirrespective of the civil service, personnel or other merit system laws of anyof the party states.

 

(f) The board mayestablish and maintain, independently or in conjunction with any one (1) ormore of the party states, or its institutions or subdivisions, a suitableretirement system for its full-time employees. Employees of the board shall beeligible for social security coverage in respect of old-age and survivors insuranceprovided that the board takes such steps as may be necessary pursuant tofederal law to participate in such program of insurance as a governmentalagency or unit. The board may establish and maintain or participate in suchadditional programs of employee benefits as may be appropriate.

 

(g) The board mayborrow, accept, or contract for the services of personnel from any state or theUnited States or any subdivision or agency thereof, from any interstate agency,or from any institution, person, firm or corporation.

 

(h) The board mayaccept for any of its purposes and functions under this compact any and alldonations, and grants of money, equipment, supplies, materials and services(conditional or otherwise) from any state or the United States or anysubdivision or agency thereof, or interstate agency, or from any institution,person, firm, or corporation, and may receive, utilize, and dispose of thesame. The nature, amount and conditions, if any, attendant upon any donation orgrant accepted pursuant to this paragraph or upon any borrowing pursuant toparagraph (g) of this article, together with the identity of the donor, grantoror lender, shall be detailed in the annual report of the board.

 

(j) The board mayestablish and maintain such facilities as may be necessary for the transactingof its business. The board may acquire, hold, and convey real and personalproperty and any interest therein.

 

(k) The board shalladopt bylaws, rules, and regulations for the conduct of its business, and shallhave the power to amend and rescind these bylaws, rules and regulations. Theboard shall publish its bylaws, rules, and regulations in convenient form andshall file a copy thereof, and shall also file a copy of any amendment thereto,with the appropriate agency or officer in each of the party states.

 

(m) The board annuallyshall make to the governor of each party state, a report covering theactivities of the board for the preceding year, and embodying suchrecommendations as may have been adopted by the board, which report shall betransmitted to the legislature of said state. The board may issue suchadditional reports as it may deem desirable.

 

Article III. Finances

 

(a) The board shallsubmit to the governor or designated officer or officers of each party state abudget of its estimated expenditures for such period as may be required by thelaws of that jurisdiction for presentation to the legislature thereof.

 

(b) Each of the board'sbudgets of estimated expenditures shall contain specific recommendations of theamount or amounts to be appropriated by each of the party states. Each of theboard's requests for appropriations pursuant to a budget of estimatedexpenditures shall be apportioned equally among the party states. Subject toappropriation by their respective legislatures, the board shall be providedwith such funds by each of the party states as are necessary to provide themeans of establishing and maintaining facilities, a staff of personnel, andsuch activities as may be necessary to fulfill the powers and duties imposedupon and entrusted to the board.

 

(c) The board may meetany of its obligations in whole or in part with funds available to it underarticle II (h) of this compact; provided, that the board takes specific actionsetting aside such funds prior to the incurring of any obligation to be met inwhole or in part in this manner. Except where the board makes use of fundsavailable to it under article II (h), the board shall not incur any obligationprior to the allotment of funds by the party jurisdictions which are adequateto meet any such obligation.

 

(d) Any expenses andany other costs for each member of the board in attending board meetings shallbe met by the board.

 

(e) The board shallkeep accurate accounts of all receipts and disbursements. The receipts anddisbursements of the board shall be subject to the audit and accountingprocedures established under its bylaws. However, all receipts anddisbursements of funds handled by the board shall be audited yearly by acertified or licensed public accountant and the report of the audit shall beincluded in and become a part of the annual report of the board.

 

(f) The accounts of theboard shall be open at any reasonable time for inspection to persons authorizedby the board, and duly designated representatives of governments contributingto the board's support.

 

Article IV. Advisory Committees

 

The board may establish such advisory andtechnical committees as it may deem necessary, membership on which may includebut not be limited to private citizens, expert and lay personnel,representatives of industry, labor, commerce, agriculture, civic associations,medicine, education, voluntary health agencies, and officials of local, stateand federal government, and may cooperate with and use the services of any suchcommittees and the organizations which they represent in furthering any of itsactivities under this compact.

 

ArticleV. Powers

 

(a) The board shallhave power to:

 

(i) Encourage andpromote cooperation among the party states in the development and utilizationof nuclear and related technologies and their application to industry and otherfields;

 

(ii) Ascertain andanalyze on a continuing basis the position of the West with respect to theemployment in industry of nuclear and related scientific findings andtechnologies;

 

(iii) Encourage thedevelopment and use of scientific advances and discoveries in nuclearfacilities, energy, materials, products, by-products, and all other appropriateadaptations of scientific and technological advances and discoveries;

 

(iv) Collect,correlate, and disseminate information relating to the peaceful uses of nuclearenergy, materials, and products, and other products and processes resultingfrom the application of related science and technology;

 

(v) Encourage thedevelopment and use of nuclear energy, facilities, installations, and productsas part of a balanced economy;

 

(vi) Conduct, orcooperate in conducting, programs of training for state and local personnel engagedin any aspects of:

 

(A) Nuclear industry,medicine, or education, or the promotion or regulation thereof;

 

(B) Applying nuclearscientific advances or discoveries, and any industrial commercial or otherprocesses resulting therefrom;

 

(C) The formulation oradministration of measures designed to promote safety in any matter related tothe development, use or disposal of nuclear energy, materials, products,by-products, installations, or wastes, or to safety in the production, use anddisposal of any other substances peculiarly related thereto.

 

(vii) Organize andconduct, or assist and cooperate in organizing and conducting, demonstrationsor research in any of the scientific, technological or industrial fields towhich this compact relates;

 

(viii) Undertake suchnonregulatory functions with respect to nonnuclear sources of radiation as maypromote the economic development and general welfare of the West;

 

(ix) Study industrial,health, safety, and other standards, laws, codes, rules, regulations, andadministrative practices in or related to nuclear fields;

 

(x) Recommend suchchanges in, or amendments or additions to the laws, codes, rules, regulations,administrative procedures and practices or local laws or ordinances of theparty states or their subdivisions in nuclear and related fields, as in itsjudgment may be appropriate. Any such recommendations shall be made through theappropriate state agency, with due consideration of the desirability ofuniformity but shall also give appropriate weight to any special circumstanceswhich may justify variations to meet local conditions;

 

(xi) Consider and makerecommendations designed to facilitate the transportation of nuclear equipment,materials, products, by-products, wastes, and any other nuclear or relatedsubstances, in such manner and under such conditions as will make theiravailability or disposal practicable on an economic and efficient basis;

 

(xii) Consider and makerecommendations with respect to the assumption of and protection againstliability actually or potentially incurred in any phase of operations innuclear and related fields;

 

(xiii) Advise andconsult with the federal government concerning the common position of the partystates or assist party states with regard to individual problems whereappropriate in respect to nuclear and related fields;

 

(xiv) Cooperate withthe atomic energy commission, the national aeronautics and spaceadministration, the office of science and technology, or any agencies successorthereto, any other officer or agency of the United States, and any othergovernmental unit or agency or officer thereof, and with any private persons oragencies in any of the fields of its interest;

 

(xv) Act as licensee,contractor or subcontractor of the United States government or any party statewith respect to the conduct of any research activity requiring such license orcontract and operate such research facility or undertake any program pursuantthereto, provided that this power shall be exercised only in connection withthe implementation of one (1) or more other powers conferred upon the board bythis compact;

 

(xvi) Prepare, publishand distribute (with or without charge) such reports, bulletins, newsletters orother materials as it deems appropriate;

 

(xvii)(A) Ascertainfrom time to time such methods, practices, circumstances, and conditions as maybring about the prevention and control of nuclear incidents in the areacomprising the party states, to coordinate the nuclear incident prevention andcontrol plans and the work relating thereto of the appropriate agencies of theparty states and to facilitate the rendering of aid by the party states to eachother in coping with nuclear incidents;

 

(B) The board mayformulate and, in accordance with need from time to time, revise a regionalplan or regional plans for coping with nuclear incidents within the territoryof the party states as a whole or within any subregion or subregions of thegeographic area covered by this compact;

 

(C) Any nuclearincident plan in force pursuant to this paragraph shall designate the officialor agency in each party state covered by the plan who shall coordinate requestsfor aid pursuant to article VI of this compact and the furnishing of aid inresponse thereto;

 

(D) Unless the partystates concerned expressly otherwise agree, the board shall not administer thissummoning and dispatching of aid, but this function shall be undertakendirectly by the designated agencies and officers of the party states;

 

(E) However, the planor plans of the board in force pursuant to this paragraph shall provide forreports to the board concerning the occurrence of nuclear incidents and therequests for aid on account thereof, together with summaries of the actualworking and effectiveness of mutual aid in particular instances;

 

(F) From time to time,the board shall analyze the information gathered from reports of aid pursuantto article VI and such other instances of mutual aid as may have come to itsattention, so that experience in the rendering of such aid may be available.

 

(xviii) Prepare,maintain, and implement a regional plan or regional plans for carrying out theduties, powers, or functions conferred upon the board by this compact;

 

(xix) Undertakeresponsibilities imposed or necessarily involved with regional participationpursuant to such cooperative programs of the federal government as are usefulin connection with the fields covered by this compact.

 

Article VI. Mutual Aid

 

(a) Whenever a partystate, or any state or local governmental authorities request aid from anyother party state pursuant to this compact in coping with a nuclear incident,it shall be the duty of the requested state to render all possible aid to therequesting state which is consonant with the maintenance of protection of itsown people.

 

(b) Whenever theofficers or employees of any party state are rendering outside aid pursuant tothe request of another party state under this compact, the officers oremployees of such state shall, under the direction of the authorities of thestate to which they are rendering aid, have the same powers, duties, rights,privileges and immunities as comparable officers and employees of the state towhich they are rendering aid.

 

(c) No party state orits officers or employees rendering outside aid pursuant to this compact shallbe liable on account of any act or omission on their part while so engaged, oron account of the maintenance or use of any equipment or supplies in connectiontherewith.

 

(d) All liability thatmay arise either under the laws of the requesting state or under the laws ofthe aiding state or under the laws of a third state on account of or inconnection with a request for aid, shall be assumed and borne by the requestingstate.

 

(e) Any party staterendering outside aid pursuant to this compact shall be reimbursed by the partystate receiving such aid for any loss or damage to, or expense incurred in theoperation of any equipment answering a request for aid, and for the cost of allmaterials, transportation, wages, salaries and maintenance of officers,employees and equipment incurred in connection with such requests: providedthat nothing herein contained shall prevent any assisting party state fromassuming such loss, damage, expense or other cost or from loaning suchequipment or from donating such services to the receiving party state withoutcharge or cost.

 

(f) Each party stateshall provide for the payment of compensation and death benefits to injuredofficers and employees and the representatives of deceased officers andemployees in case officers or employees sustain injuries or death whilerendering outside aid pursuant to this compact, in the same manner and on thesame terms as if the injury or death were sustained within the state by or inwhich the officer or employee was regularly employed.

 

Article VII. Supplementary Agreements

 

(a) To the extent thatthe board has not undertaken an activity or project which would be within itspower under the provisions of article V of this compact, any two (2) or more ofthe party states (acting by their duly constituted administrative officials)may enter into supplementary agreements for the undertaking and continuance ofsuch an activity or project. Any such agreement shall specify the purpose orpurposes; its duration and the procedure for termination thereof or withdrawaltherefrom; the method of financing and allocating the costs of the activity orproject; and such other matters as may be necessary or appropriate.

 

(b) No suchsupplementary agreement entered into pursuant to this article shall becomeeffective prior to its submission to and approval by the board. The board shallgive such approval unless it finds that the supplementary agreement or activityor project contemplated thereby is inconsistent with the provisions of thiscompact or a program or activity conducted by or participated in by the board.

 

(c) Unless all of theparty states participate in a supplementary agreement, any cost or coststhereof shall be borne separately by the states party thereto. However, theboard may administer or otherwise assist in the operation of any supplementaryagreement.

 

(d) No party to asupplementary agreement entered into pursuant to this article shall be relievedthereby of any obligation or duty assumed by said party state under or pursuantto this compact, except that timely and proper performance of such obligationor duty by means of the supplementary agreement may be offered as performancepursuant to the compact.

 

(e) The provisions ofthis article shall apply to supplementary agreements and activities thereunder,but shall not be construed to repeal or impair any authority which officers oragencies of party states may have pursuant to other laws to undertake cooperativearrangements or projects.

 

Article VIII. Other Laws and Relations

 

(a) Nothing in thiscompact shall be construed to have the following effect:

 

(i) Permit or requireany person or other entity to avoid or refuse compliance with any law, rule, regulation,order or ordinance of a party state or subdivision thereof now or hereaftermade, enacted or in force;

 

(ii) Limit, diminish,or otherwise impair jurisdiction exercised by the atomic energy commission, anyagency successor thereto, or any other federal department, agency or officerpursuant to and in conformity with any valid and operative act of congress; norlimit, diminish, affect, or otherwise impair jurisdiction exercised by anyofficer or agency of a party state, except to the extent that the provisions ofthis compact may provide therefor;

 

(iii) Alter therelations between the respective internal responsibilities of the government ofa party state and its subdivisions;

 

(iv) Permit orauthorize the board to own or operate any facility, reactor, or installationfor industrial or commercial purposes.

 

Article IX. Eligible Parties, Entry Into

 

Force and Withdrawal

 

(a) Any or all of thestates of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana,Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming shall be eligible tobecome party to this compact.

 

(b) As to any eligibleparty state, this compact shall become effective when its legislature shallhave enacted the same into law; provided, that it shall not become initiallyeffective until enacted into law by five (5) states.

 

(c) Any party state maywithdraw from this compact by enacting a statute repealing the same, but nosuch withdrawal shall take effect until one (1) year after the governor of thewithdrawing state has given notice in writing of the withdrawal to thegovernors of all other party states. No withdrawal shall affect any liabilityalready incurred by or chargeable to a party state prior to the time of suchwithdrawal.

 

(d) Guam and AmericanSamoa, or either of them may participate in the compact to such extent as maybe mutually agreed by the board and the duly constituted authorities of Guam orAmerican Samoa, as the case may be. However, such participation shall notinclude the furnishing or receipt of mutual aid pursuant to article VI, unlessthat article has been enacted or otherwise adopted so as to have the full forceand effect of law in the jurisdiction affected. Neither Guam nor American Samoashall be entitled to voting participation on the board, unless it has become afull party to the compact.

 

Article X. Severability and Construction

 

The provisions of this compact and of anysupplementary agreement entered into hereunder shall be severable and if anyphrase, clause, sentence or provision of this compact or such supplementaryagreement is declared to be contrary to the constitution of any participatingstate or of the United States or the applicability thereof to any government,agency, person, or circumstance is held invalid, the validity of the remainderof this compact or such supplementary agreement and the applicability thereofto any government, agency, person or circumstance shall not be affectedthereby. If this compact or any supplementary agreement entered into hereundershall be held contrary to the constitution of any state participating therein,the compact or such supplementary agreement shall remain in full force andeffect as to the remaining states and in full force and effect as to the stateaffected as to all severable matters. The provisions of this compact and of anysupplementary agreement entered into pursuant thereto shall be liberallyconstrued to effectuate the purposes thereof.

 

9-6-102. Nuclear board; state member; appointment and removal.

 

Themember of the western interstate nuclear board representing the state ofWyoming shall be appointed by the governor and may be removed by the governoras provided in W.S. 9-1-202. The member may designate another person as hisrepresentative to attend meetings of the board.

 

9-6-103. Nuclear board; intrastate cooperation.

 

Alldepartments, agencies and officers of this state and its subdivisions aredirected to cooperate with the board in the furtherance of any of itsactivities pursuant to the compact [ 9-6-101].

 

9-6-104. Nuclear board; filing of reports, bylaws and amendments.

 

Thereport required to be transmitted to the legislature under article II(m) ofW.S. 9-6-101 shall be transmitted to the joint minerals, business and economicdevelopment interim committee of the legislature. Pursuant to article II(k) ofthis compact, the western interstate nuclear board shall file copies of itsbylaws and any amendments thereto with the secretary of state of the state ofWyoming.

 

9-6-105. Laws and benefits applicable to persons dispatched to aidother state.

 

Thelaws of the state of Wyoming and any benefits payable thereunder shall applyand be payable to any person dispatched to another state pursuant to article VIof the compact [ 9-6-101]. If the aiding personnel are officers or employeesof the state of Wyoming or any subdivisions thereof, they shall be entitled tothe same worker's compensation or other benefits in case of injury or death towhich they would have been entitled if injured or killed while engaged in copingwith a nuclear incident in their jurisdictions of regular employment.

 

ARTICLE 2 - NORTHWEST INTERSTATE COMPACT ON LOW-LEVELRADIOACTIVE WASTE MANAGEMENT

 

9-6-201. Repealed by Laws 1992, ch. 36, 2.

 

9-6-202. Repealed by Laws 1992, ch. 36, 2.

 

9-6-203. Repealed by Laws 1992, ch. 36, 2.

 

9-6-204. Repealed by Laws 1992, ch. 36, 2.

 

9-6-205. Repealed by Laws 1992, ch. 36, 2.

 

9-6-206. Generally.

 

TheNorthwest Interstate Compact on Low-Level Radioactive Waste Management ishereby enacted into law and entered into by the State of Wyoming as a party,and is in full force and effect between the state and any other states joiningtherein in accordance with the terms of the compact, which compact issubstantially as follows:

 

ARTICLEI-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 cooperation ofthe states in providing facilities that serve the region. It is the policy ofthe party states to undertake the necessary cooperation to protect the healthand safety of the citizens of the party states and to provide for the mosteconomical management of low-level radioactive wastes on a continuing basis. 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 radioactive low-level wastemanagement.

 

ARTICLEII-DEFINITIONS

 

As used in this compact:

 

(1) "Facility" means any site, location, structure, or property used orto be used for the storage, treatment, or disposal of low-level waste,excluding federal waste facilities;

 

(2) "Low-levelwaste" means waste material which contains radioactive nuclides emittingprimarily beta or gamma radiation, or both, in concentrations or quantitieswhich exceed applicable federal or state standards for unrestricted release.Low-level waste does not include waste containing more than ten (10) nanocuriesof transuranic contaminants per gram of material, nor spent reactor fuel, normaterial classified as either high-level waste or waste which is unsuited fordisposal by near-surface burial under any applicable federal regulations;

 

(3) "Generator" means any person, partnership, association, corporation,or any other entity whatsoever which, as a part of its activities, produceslow-level radioactive waste;

 

(4) "Hoststate" means a state in which a facility 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:

 

(1) Maintaining aninventory of all generators within the state that have shipped or expect toship low-level waste to facilities in another party state;

 

(2) Periodicunannounced inspection of the premises of such generators and the wastemanagement activities thereon;

 

(3) Authorization ofthe containers in which such waste may be shipped, and a requirement thatgenerators use only that type of container authorized by the state;

 

(4) Assurance thatinspections of the carriers which transport such waste are conducted by proper authorities,and appropriate enforcement action taken for violations;

 

(5) After receivingnotification from a host state that a generator within the party state is inviolation of applicable packaging or transportation standards, the party statewill take appropriate action to assure that such violations do not recur. Suchaction may include inspection of every individual low-level waste shipment bythat 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.

 

ARTICLEIV-REGIONAL FACILITIES

 

(1) Facilities locatedin any party state, other than facilities established or maintained byindividual low-level waste generators for the management of their own low-levelwaste, shall accept low-level waste generated in any party state if such wastehas been packaged and transported according to applicable laws and regulations.

 

(2) No facility locatedin any party state may accept low-level waste generated outside of the regioncomprised of the party states, except as provided in article V.

 

(3) Until such time asparagraph (2) of article IV takes effect, facilities located in any party statemay accept low-level waste generated outside of any of the party states only ifsuch waste is accompanied by a certificate of compliance issued by an officialof the state in which such waste shipment originated. Such certificate shallbe in such form as may be required by the host state, and shall contain atleast the following:

 

(A) The generator'sname and address;

 

(B) A description ofthe contents of the low-level waste container;

 

(C) A statement thatthe low-level waste being shipped has been inspected by the official who issuedthe certificate or by his agent or by a representative of the United StatesNuclear Regulatory Commission, and found to have been packaged in compliancewith applicable federal regulations and such additional requirements as may beimposed by the host state;

 

(D) A binding agreementby the state of origin to reimburse any party state for any liability orexpense incurred as a result of an accidental release of such waste duringshipment or after such waste reaches the facility.

 

(4) Each party stateshall cooperate with the other party states in determining the appropriate siteof any facility that might be required within the region comprised of the partystates, in order to maximize public health and safety while minimizing the useof any one (1) party state as the host of such facilities on a permanentbasis. Each party state further agrees that decisions regarding low-levelwaste management facilities in their region will be reached through a goodfaith process which takes into account the burdens borne by each of the partystates as well as the benefits each has received.

 

(5) The party statesrecognize that the issue of hazardous chemical waste management is similar inmany respects to that of low-level waste management. Therefore, inconsideration of the state of Washington allowing access to its low-level wastedisposal facility by generators in other party states, party states such asOregon and Idaho which host hazardous chemical waste disposal facilities willallow access to such facilities by generators within other party states. Nothing in this compact shall be construed to prevent any party state fromlimiting the nature and type of hazardous chemical or low-level wastes to beaccepted at facilities within its borders or from ordering the closure of suchfacilities, so long as such action by a host state is applied equally to all generatorswithin the region comprised of the party states.

 

(6) Any host state mayestablish a schedule of fees and requirements related to its facility, toassure that closure, perpetual care, and maintenance and contingencyrequirements are met, including adequate bonding.

 

ARTICLE V-NORTHWEST LOW-LEVEL WASTE COMPACT COMMITTEE

 

The governor of each party state shalldesignate one (1) 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 partiesshall inform the committee of existing regulations concerning low-level wastemanagement in their states, and shall afford all parties a reasonableopportunity to review and comment upon any proposed modifications 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 (2/3)vote of all such members, including the affirmative vote of the member of anyparty state in which a facility affected by such arrangement is located, forthe committee to enter into such arrangement.

 

ARTICLEVI-ELIGIBLE PARTIES AND EFFECTIVE DATE

 

(1) Each of thefollowing states is eligible to become a party to this compact: Alaska,Hawaii, Idaho, Montana, Oregon, Utah, Washington, and Wyoming. As to anyeligible party, this compact shall become effective upon enactment into law bythat party, but it shall not become initially effective until enacted into lawby two (2) states. Any party state may withdraw from this compact by enactinga statute repealing its approval.

 

(2) After the compacthas initially taken effect pursuant to paragraph (1) of this article, anyeligible party state may become a party to this compact by the execution of anexecutive order by the governor of the state. Any state which becomes a partyin this manner shall cease to be a party upon the final adjournment of the nextgeneral or regular session of its legislature or July 1, 1983, whichever occursfirst, unless the compact has by then been enacted as a statute by that state.

 

(3) Paragraph (2) ofarticle IV of this compact shall take effect on July 1, 1983, if consent isgiven by Congress. As provided by Public Law 96-573, Congress may withdraw itsconsent to the compact after every five (5) year period.

 

ARTICLE VII-SEVERABILITY

 

If any provision of this compact, or itsapplication to any person or circumstances, 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 theprovisions of this compact are severable.

 

9-6-207. Appointment of compact committee member.

 

Thegovernor shall appoint one (1) member and an alternate to serve as the Wyomingrepresentative on the committee for the Northwest Interstate Compact onLow-Level Waste Management [ 9-6-206]. The member and alternate shall serveat the pleasure of the governor and shall receive no compensation, but shall bereimbursed for expenses in the same manner and amount as a state employee to bepaid from funds available from the governor's office or from the compact.

 

9-6-208. Cooperation with the committee.

 

Consistentwith applicable law, all departments, agencies and officers of this state andits subdivisions are directed to cooperate with the committee for the NorthwestInterstate Compact on Low-Level Waste Management [ 9-6-206] in furtherance ofany of its activities pursuant to the compact.

 

9-6-209. Filing of bylaws.

 

Thestate representative to the committee for the Northwest Interstate Compact onLow-Level Waste Management [ 9-6-206] shall file copies of the committee's bylawsand any amendments thereto with the secretary of state of Wyoming.

 

9-6-210. Administration.

 

(a) The environmental quality council may promulgate rulesnecessary to administer this state's rights and responsibilities under theNorthwest Interstate Compact on Low-Level Waste Management. Enforcement shallbe pursuant to article 9 of chapter 11 of the Wyoming Environmental QualityAct, with the right of judicial review as provided for in W.S. 35-11-1001.

 

(b) The department of environmental quality shall cooperate andcoordinate with all federal and state agencies with jurisdiction over packagingand transportation of low-level radioactive waste in order to avoidinconsistent or duplicative actions.

 

(c) The council or department shall not impose requirements orregulations more stringent than those required by the compact or by federal lawunless otherwise authorized by law, and shall coordinate action taken pursuantto this section with the Wyoming department of transportation.

 

(d) For the purposes of the Northwest Interstate Compact onLow-Level Waste Management:

 

(i) Low-level waste as defined in the compact shall not includenaturally occurring radioactive materials;

 

(ii) Regulatory requirements imposed upon generators andtransporters of low-level waste shall not be more stringent than applicablefederal requirements.

 

State Codes and Statutes

Statutes > Wyoming > Title9 > Chapter6

CHAPTER 6 - NUCLEAR COOPERATION AND RADIOACTIVE WASTE DISPOSAL

 

ARTICLE 1 - WESTERN INTERSTATE NUCLEAR COOPERATION COMPACT

 

9-6-101. Western Interstate Nuclear Compact.

 

TheWestern Interstate Nuclear Compact, hereinafter called "the compact,"is hereby enacted into law and entered into by the state of Wyoming as a party,and is in full force and effect between the state and any other states joiningtherein in accordance with the terms of the compact, which compact issubstantially as follows:

 

ArticleI. Policy and Purpose

 

The party states recognize that the properemployment of scientific and technological discoveries and advances in nuclearand related fields and direct and collateral application and adaptation ofprocesses and techniques developed in connection therewith, properly correlatedwith the other resources of the region, can assist substantially in theindustrial progress of the West and the further development of the economy ofthe region. They also recognize that optimum benefit from nuclear and relatedscientific or technological resources, facilities and skills requiressystematic encouragement, guidance, assistance, and promotion from the partystates on a cooperative basis. It is the policy of the party states toundertake such cooperation on a continuing basis. It is the purpose of thiscompact to provide the instruments and framework for such a cooperative effortin nuclear and related fields, to enhance the economy of the West andcontribute to the individual and community well-being of the region's people.

 

ArticleII. The Board

 

(a) There is herebycreated an agency of the party states to be known as the "westerninterstate nuclear board" (hereinafter called the board). The board shallbe composed of one (1) member from each party state designated or appointed inaccordance with the law of the state which he represents and serving andsubject to removal in accordance with such law. Any member of the board mayprovide for the discharge of his duties and the performance of his functionsthereon (either for the duration of his membership or for any lesser period oftime) by a deputy or assistant, if the laws of his state make specificprovisions therefor. The federal government may be represented without vote ifprovision is made by federal law for such representation.

 

(b) The board membersof the party states shall each be entitled to one (1) vote on the board. Noaction of the board shall be binding unless taken at a meeting at which amajority of all members representing the party states are present and unless amajority of the total number of votes on the board are cast in favor thereof.

 

(c) The board shallhave a seal.

 

(d) The board shallelect annually, from among its members, a chairman, a vice-chairman, and atreasurer. The board shall appoint and fix the compensation of an executivedirector who shall serve at its pleasure and who shall also act as secretary,and who, together with the treasurer, and such other personnel as the board maydirect, shall be bonded in such amounts as the board may require.

 

(e) The executivedirector, with the approval of the board, shall appoint and remove or dischargesuch personnel as may be necessary for the performance of the board's functionsirrespective of the civil service, personnel or other merit system laws of anyof the party states.

 

(f) The board mayestablish and maintain, independently or in conjunction with any one (1) ormore of the party states, or its institutions or subdivisions, a suitableretirement system for its full-time employees. Employees of the board shall beeligible for social security coverage in respect of old-age and survivors insuranceprovided that the board takes such steps as may be necessary pursuant tofederal law to participate in such program of insurance as a governmentalagency or unit. The board may establish and maintain or participate in suchadditional programs of employee benefits as may be appropriate.

 

(g) The board mayborrow, accept, or contract for the services of personnel from any state or theUnited States or any subdivision or agency thereof, from any interstate agency,or from any institution, person, firm or corporation.

 

(h) The board mayaccept for any of its purposes and functions under this compact any and alldonations, and grants of money, equipment, supplies, materials and services(conditional or otherwise) from any state or the United States or anysubdivision or agency thereof, or interstate agency, or from any institution,person, firm, or corporation, and may receive, utilize, and dispose of thesame. The nature, amount and conditions, if any, attendant upon any donation orgrant accepted pursuant to this paragraph or upon any borrowing pursuant toparagraph (g) of this article, together with the identity of the donor, grantoror lender, shall be detailed in the annual report of the board.

 

(j) The board mayestablish and maintain such facilities as may be necessary for the transactingof its business. The board may acquire, hold, and convey real and personalproperty and any interest therein.

 

(k) The board shalladopt bylaws, rules, and regulations for the conduct of its business, and shallhave the power to amend and rescind these bylaws, rules and regulations. Theboard shall publish its bylaws, rules, and regulations in convenient form andshall file a copy thereof, and shall also file a copy of any amendment thereto,with the appropriate agency or officer in each of the party states.

 

(m) The board annuallyshall make to the governor of each party state, a report covering theactivities of the board for the preceding year, and embodying suchrecommendations as may have been adopted by the board, which report shall betransmitted to the legislature of said state. The board may issue suchadditional reports as it may deem desirable.

 

Article III. Finances

 

(a) The board shallsubmit to the governor or designated officer or officers of each party state abudget of its estimated expenditures for such period as may be required by thelaws of that jurisdiction for presentation to the legislature thereof.

 

(b) Each of the board'sbudgets of estimated expenditures shall contain specific recommendations of theamount or amounts to be appropriated by each of the party states. Each of theboard's requests for appropriations pursuant to a budget of estimatedexpenditures shall be apportioned equally among the party states. Subject toappropriation by their respective legislatures, the board shall be providedwith such funds by each of the party states as are necessary to provide themeans of establishing and maintaining facilities, a staff of personnel, andsuch activities as may be necessary to fulfill the powers and duties imposedupon and entrusted to the board.

 

(c) The board may meetany of its obligations in whole or in part with funds available to it underarticle II (h) of this compact; provided, that the board takes specific actionsetting aside such funds prior to the incurring of any obligation to be met inwhole or in part in this manner. Except where the board makes use of fundsavailable to it under article II (h), the board shall not incur any obligationprior to the allotment of funds by the party jurisdictions which are adequateto meet any such obligation.

 

(d) Any expenses andany other costs for each member of the board in attending board meetings shallbe met by the board.

 

(e) The board shallkeep accurate accounts of all receipts and disbursements. The receipts anddisbursements of the board shall be subject to the audit and accountingprocedures established under its bylaws. However, all receipts anddisbursements of funds handled by the board shall be audited yearly by acertified or licensed public accountant and the report of the audit shall beincluded in and become a part of the annual report of the board.

 

(f) The accounts of theboard shall be open at any reasonable time for inspection to persons authorizedby the board, and duly designated representatives of governments contributingto the board's support.

 

Article IV. Advisory Committees

 

The board may establish such advisory andtechnical committees as it may deem necessary, membership on which may includebut not be limited to private citizens, expert and lay personnel,representatives of industry, labor, commerce, agriculture, civic associations,medicine, education, voluntary health agencies, and officials of local, stateand federal government, and may cooperate with and use the services of any suchcommittees and the organizations which they represent in furthering any of itsactivities under this compact.

 

ArticleV. Powers

 

(a) The board shallhave power to:

 

(i) Encourage andpromote cooperation among the party states in the development and utilizationof nuclear and related technologies and their application to industry and otherfields;

 

(ii) Ascertain andanalyze on a continuing basis the position of the West with respect to theemployment in industry of nuclear and related scientific findings andtechnologies;

 

(iii) Encourage thedevelopment and use of scientific advances and discoveries in nuclearfacilities, energy, materials, products, by-products, and all other appropriateadaptations of scientific and technological advances and discoveries;

 

(iv) Collect,correlate, and disseminate information relating to the peaceful uses of nuclearenergy, materials, and products, and other products and processes resultingfrom the application of related science and technology;

 

(v) Encourage thedevelopment and use of nuclear energy, facilities, installations, and productsas part of a balanced economy;

 

(vi) Conduct, orcooperate in conducting, programs of training for state and local personnel engagedin any aspects of:

 

(A) Nuclear industry,medicine, or education, or the promotion or regulation thereof;

 

(B) Applying nuclearscientific advances or discoveries, and any industrial commercial or otherprocesses resulting therefrom;

 

(C) The formulation oradministration of measures designed to promote safety in any matter related tothe development, use or disposal of nuclear energy, materials, products,by-products, installations, or wastes, or to safety in the production, use anddisposal of any other substances peculiarly related thereto.

 

(vii) Organize andconduct, or assist and cooperate in organizing and conducting, demonstrationsor research in any of the scientific, technological or industrial fields towhich this compact relates;

 

(viii) Undertake suchnonregulatory functions with respect to nonnuclear sources of radiation as maypromote the economic development and general welfare of the West;

 

(ix) Study industrial,health, safety, and other standards, laws, codes, rules, regulations, andadministrative practices in or related to nuclear fields;

 

(x) Recommend suchchanges in, or amendments or additions to the laws, codes, rules, regulations,administrative procedures and practices or local laws or ordinances of theparty states or their subdivisions in nuclear and related fields, as in itsjudgment may be appropriate. Any such recommendations shall be made through theappropriate state agency, with due consideration of the desirability ofuniformity but shall also give appropriate weight to any special circumstanceswhich may justify variations to meet local conditions;

 

(xi) Consider and makerecommendations designed to facilitate the transportation of nuclear equipment,materials, products, by-products, wastes, and any other nuclear or relatedsubstances, in such manner and under such conditions as will make theiravailability or disposal practicable on an economic and efficient basis;

 

(xii) Consider and makerecommendations with respect to the assumption of and protection againstliability actually or potentially incurred in any phase of operations innuclear and related fields;

 

(xiii) Advise andconsult with the federal government concerning the common position of the partystates or assist party states with regard to individual problems whereappropriate in respect to nuclear and related fields;

 

(xiv) Cooperate withthe atomic energy commission, the national aeronautics and spaceadministration, the office of science and technology, or any agencies successorthereto, any other officer or agency of the United States, and any othergovernmental unit or agency or officer thereof, and with any private persons oragencies in any of the fields of its interest;

 

(xv) Act as licensee,contractor or subcontractor of the United States government or any party statewith respect to the conduct of any research activity requiring such license orcontract and operate such research facility or undertake any program pursuantthereto, provided that this power shall be exercised only in connection withthe implementation of one (1) or more other powers conferred upon the board bythis compact;

 

(xvi) Prepare, publishand distribute (with or without charge) such reports, bulletins, newsletters orother materials as it deems appropriate;

 

(xvii)(A) Ascertainfrom time to time such methods, practices, circumstances, and conditions as maybring about the prevention and control of nuclear incidents in the areacomprising the party states, to coordinate the nuclear incident prevention andcontrol plans and the work relating thereto of the appropriate agencies of theparty states and to facilitate the rendering of aid by the party states to eachother in coping with nuclear incidents;

 

(B) The board mayformulate and, in accordance with need from time to time, revise a regionalplan or regional plans for coping with nuclear incidents within the territoryof the party states as a whole or within any subregion or subregions of thegeographic area covered by this compact;

 

(C) Any nuclearincident plan in force pursuant to this paragraph shall designate the officialor agency in each party state covered by the plan who shall coordinate requestsfor aid pursuant to article VI of this compact and the furnishing of aid inresponse thereto;

 

(D) Unless the partystates concerned expressly otherwise agree, the board shall not administer thissummoning and dispatching of aid, but this function shall be undertakendirectly by the designated agencies and officers of the party states;

 

(E) However, the planor plans of the board in force pursuant to this paragraph shall provide forreports to the board concerning the occurrence of nuclear incidents and therequests for aid on account thereof, together with summaries of the actualworking and effectiveness of mutual aid in particular instances;

 

(F) From time to time,the board shall analyze the information gathered from reports of aid pursuantto article VI and such other instances of mutual aid as may have come to itsattention, so that experience in the rendering of such aid may be available.

 

(xviii) Prepare,maintain, and implement a regional plan or regional plans for carrying out theduties, powers, or functions conferred upon the board by this compact;

 

(xix) Undertakeresponsibilities imposed or necessarily involved with regional participationpursuant to such cooperative programs of the federal government as are usefulin connection with the fields covered by this compact.

 

Article VI. Mutual Aid

 

(a) Whenever a partystate, or any state or local governmental authorities request aid from anyother party state pursuant to this compact in coping with a nuclear incident,it shall be the duty of the requested state to render all possible aid to therequesting state which is consonant with the maintenance of protection of itsown people.

 

(b) Whenever theofficers or employees of any party state are rendering outside aid pursuant tothe request of another party state under this compact, the officers oremployees of such state shall, under the direction of the authorities of thestate to which they are rendering aid, have the same powers, duties, rights,privileges and immunities as comparable officers and employees of the state towhich they are rendering aid.

 

(c) No party state orits officers or employees rendering outside aid pursuant to this compact shallbe liable on account of any act or omission on their part while so engaged, oron account of the maintenance or use of any equipment or supplies in connectiontherewith.

 

(d) All liability thatmay arise either under the laws of the requesting state or under the laws ofthe aiding state or under the laws of a third state on account of or inconnection with a request for aid, shall be assumed and borne by the requestingstate.

 

(e) Any party staterendering outside aid pursuant to this compact shall be reimbursed by the partystate receiving such aid for any loss or damage to, or expense incurred in theoperation of any equipment answering a request for aid, and for the cost of allmaterials, transportation, wages, salaries and maintenance of officers,employees and equipment incurred in connection with such requests: providedthat nothing herein contained shall prevent any assisting party state fromassuming such loss, damage, expense or other cost or from loaning suchequipment or from donating such services to the receiving party state withoutcharge or cost.

 

(f) Each party stateshall provide for the payment of compensation and death benefits to injuredofficers and employees and the representatives of deceased officers andemployees in case officers or employees sustain injuries or death whilerendering outside aid pursuant to this compact, in the same manner and on thesame terms as if the injury or death were sustained within the state by or inwhich the officer or employee was regularly employed.

 

Article VII. Supplementary Agreements

 

(a) To the extent thatthe board has not undertaken an activity or project which would be within itspower under the provisions of article V of this compact, any two (2) or more ofthe party states (acting by their duly constituted administrative officials)may enter into supplementary agreements for the undertaking and continuance ofsuch an activity or project. Any such agreement shall specify the purpose orpurposes; its duration and the procedure for termination thereof or withdrawaltherefrom; the method of financing and allocating the costs of the activity orproject; and such other matters as may be necessary or appropriate.

 

(b) No suchsupplementary agreement entered into pursuant to this article shall becomeeffective prior to its submission to and approval by the board. The board shallgive such approval unless it finds that the supplementary agreement or activityor project contemplated thereby is inconsistent with the provisions of thiscompact or a program or activity conducted by or participated in by the board.

 

(c) Unless all of theparty states participate in a supplementary agreement, any cost or coststhereof shall be borne separately by the states party thereto. However, theboard may administer or otherwise assist in the operation of any supplementaryagreement.

 

(d) No party to asupplementary agreement entered into pursuant to this article shall be relievedthereby of any obligation or duty assumed by said party state under or pursuantto this compact, except that timely and proper performance of such obligationor duty by means of the supplementary agreement may be offered as performancepursuant to the compact.

 

(e) The provisions ofthis article shall apply to supplementary agreements and activities thereunder,but shall not be construed to repeal or impair any authority which officers oragencies of party states may have pursuant to other laws to undertake cooperativearrangements or projects.

 

Article VIII. Other Laws and Relations

 

(a) Nothing in thiscompact shall be construed to have the following effect:

 

(i) Permit or requireany person or other entity to avoid or refuse compliance with any law, rule, regulation,order or ordinance of a party state or subdivision thereof now or hereaftermade, enacted or in force;

 

(ii) Limit, diminish,or otherwise impair jurisdiction exercised by the atomic energy commission, anyagency successor thereto, or any other federal department, agency or officerpursuant to and in conformity with any valid and operative act of congress; norlimit, diminish, affect, or otherwise impair jurisdiction exercised by anyofficer or agency of a party state, except to the extent that the provisions ofthis compact may provide therefor;

 

(iii) Alter therelations between the respective internal responsibilities of the government ofa party state and its subdivisions;

 

(iv) Permit orauthorize the board to own or operate any facility, reactor, or installationfor industrial or commercial purposes.

 

Article IX. Eligible Parties, Entry Into

 

Force and Withdrawal

 

(a) Any or all of thestates of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana,Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming shall be eligible tobecome party to this compact.

 

(b) As to any eligibleparty state, this compact shall become effective when its legislature shallhave enacted the same into law; provided, that it shall not become initiallyeffective until enacted into law by five (5) states.

 

(c) Any party state maywithdraw from this compact by enacting a statute repealing the same, but nosuch withdrawal shall take effect until one (1) year after the governor of thewithdrawing state has given notice in writing of the withdrawal to thegovernors of all other party states. No withdrawal shall affect any liabilityalready incurred by or chargeable to a party state prior to the time of suchwithdrawal.

 

(d) Guam and AmericanSamoa, or either of them may participate in the compact to such extent as maybe mutually agreed by the board and the duly constituted authorities of Guam orAmerican Samoa, as the case may be. However, such participation shall notinclude the furnishing or receipt of mutual aid pursuant to article VI, unlessthat article has been enacted or otherwise adopted so as to have the full forceand effect of law in the jurisdiction affected. Neither Guam nor American Samoashall be entitled to voting participation on the board, unless it has become afull party to the compact.

 

Article X. Severability and Construction

 

The provisions of this compact and of anysupplementary agreement entered into hereunder shall be severable and if anyphrase, clause, sentence or provision of this compact or such supplementaryagreement is declared to be contrary to the constitution of any participatingstate or of the United States or the applicability thereof to any government,agency, person, or circumstance is held invalid, the validity of the remainderof this compact or such supplementary agreement and the applicability thereofto any government, agency, person or circumstance shall not be affectedthereby. If this compact or any supplementary agreement entered into hereundershall be held contrary to the constitution of any state participating therein,the compact or such supplementary agreement shall remain in full force andeffect as to the remaining states and in full force and effect as to the stateaffected as to all severable matters. The provisions of this compact and of anysupplementary agreement entered into pursuant thereto shall be liberallyconstrued to effectuate the purposes thereof.

 

9-6-102. Nuclear board; state member; appointment and removal.

 

Themember of the western interstate nuclear board representing the state ofWyoming shall be appointed by the governor and may be removed by the governoras provided in W.S. 9-1-202. The member may designate another person as hisrepresentative to attend meetings of the board.

 

9-6-103. Nuclear board; intrastate cooperation.

 

Alldepartments, agencies and officers of this state and its subdivisions aredirected to cooperate with the board in the furtherance of any of itsactivities pursuant to the compact [ 9-6-101].

 

9-6-104. Nuclear board; filing of reports, bylaws and amendments.

 

Thereport required to be transmitted to the legislature under article II(m) ofW.S. 9-6-101 shall be transmitted to the joint minerals, business and economicdevelopment interim committee of the legislature. Pursuant to article II(k) ofthis compact, the western interstate nuclear board shall file copies of itsbylaws and any amendments thereto with the secretary of state of the state ofWyoming.

 

9-6-105. Laws and benefits applicable to persons dispatched to aidother state.

 

Thelaws of the state of Wyoming and any benefits payable thereunder shall applyand be payable to any person dispatched to another state pursuant to article VIof the compact [ 9-6-101]. If the aiding personnel are officers or employeesof the state of Wyoming or any subdivisions thereof, they shall be entitled tothe same worker's compensation or other benefits in case of injury or death towhich they would have been entitled if injured or killed while engaged in copingwith a nuclear incident in their jurisdictions of regular employment.

 

ARTICLE 2 - NORTHWEST INTERSTATE COMPACT ON LOW-LEVELRADIOACTIVE WASTE MANAGEMENT

 

9-6-201. Repealed by Laws 1992, ch. 36, 2.

 

9-6-202. Repealed by Laws 1992, ch. 36, 2.

 

9-6-203. Repealed by Laws 1992, ch. 36, 2.

 

9-6-204. Repealed by Laws 1992, ch. 36, 2.

 

9-6-205. Repealed by Laws 1992, ch. 36, 2.

 

9-6-206. Generally.

 

TheNorthwest Interstate Compact on Low-Level Radioactive Waste Management ishereby enacted into law and entered into by the State of Wyoming as a party,and is in full force and effect between the state and any other states joiningtherein in accordance with the terms of the compact, which compact issubstantially as follows:

 

ARTICLEI-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 cooperation ofthe states in providing facilities that serve the region. It is the policy ofthe party states to undertake the necessary cooperation to protect the healthand safety of the citizens of the party states and to provide for the mosteconomical management of low-level radioactive wastes on a continuing basis. 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 radioactive low-level wastemanagement.

 

ARTICLEII-DEFINITIONS

 

As used in this compact:

 

(1) "Facility" means any site, location, structure, or property used orto be used for the storage, treatment, or disposal of low-level waste,excluding federal waste facilities;

 

(2) "Low-levelwaste" means waste material which contains radioactive nuclides emittingprimarily beta or gamma radiation, or both, in concentrations or quantitieswhich exceed applicable federal or state standards for unrestricted release.Low-level waste does not include waste containing more than ten (10) nanocuriesof transuranic contaminants per gram of material, nor spent reactor fuel, normaterial classified as either high-level waste or waste which is unsuited fordisposal by near-surface burial under any applicable federal regulations;

 

(3) "Generator" means any person, partnership, association, corporation,or any other entity whatsoever which, as a part of its activities, produceslow-level radioactive waste;

 

(4) "Hoststate" means a state in which a facility 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:

 

(1) Maintaining aninventory of all generators within the state that have shipped or expect toship low-level waste to facilities in another party state;

 

(2) Periodicunannounced inspection of the premises of such generators and the wastemanagement activities thereon;

 

(3) Authorization ofthe containers in which such waste may be shipped, and a requirement thatgenerators use only that type of container authorized by the state;

 

(4) Assurance thatinspections of the carriers which transport such waste are conducted by proper authorities,and appropriate enforcement action taken for violations;

 

(5) After receivingnotification from a host state that a generator within the party state is inviolation of applicable packaging or transportation standards, the party statewill take appropriate action to assure that such violations do not recur. Suchaction may include inspection of every individual low-level waste shipment bythat 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.

 

ARTICLEIV-REGIONAL FACILITIES

 

(1) Facilities locatedin any party state, other than facilities established or maintained byindividual low-level waste generators for the management of their own low-levelwaste, shall accept low-level waste generated in any party state if such wastehas been packaged and transported according to applicable laws and regulations.

 

(2) No facility locatedin any party state may accept low-level waste generated outside of the regioncomprised of the party states, except as provided in article V.

 

(3) Until such time asparagraph (2) of article IV takes effect, facilities located in any party statemay accept low-level waste generated outside of any of the party states only ifsuch waste is accompanied by a certificate of compliance issued by an officialof the state in which such waste shipment originated. Such certificate shallbe in such form as may be required by the host state, and shall contain atleast the following:

 

(A) The generator'sname and address;

 

(B) A description ofthe contents of the low-level waste container;

 

(C) A statement thatthe low-level waste being shipped has been inspected by the official who issuedthe certificate or by his agent or by a representative of the United StatesNuclear Regulatory Commission, and found to have been packaged in compliancewith applicable federal regulations and such additional requirements as may beimposed by the host state;

 

(D) A binding agreementby the state of origin to reimburse any party state for any liability orexpense incurred as a result of an accidental release of such waste duringshipment or after such waste reaches the facility.

 

(4) Each party stateshall cooperate with the other party states in determining the appropriate siteof any facility that might be required within the region comprised of the partystates, in order to maximize public health and safety while minimizing the useof any one (1) party state as the host of such facilities on a permanentbasis. Each party state further agrees that decisions regarding low-levelwaste management facilities in their region will be reached through a goodfaith process which takes into account the burdens borne by each of the partystates as well as the benefits each has received.

 

(5) The party statesrecognize that the issue of hazardous chemical waste management is similar inmany respects to that of low-level waste management. Therefore, inconsideration of the state of Washington allowing access to its low-level wastedisposal facility by generators in other party states, party states such asOregon and Idaho which host hazardous chemical waste disposal facilities willallow access to such facilities by generators within other party states. Nothing in this compact shall be construed to prevent any party state fromlimiting the nature and type of hazardous chemical or low-level wastes to beaccepted at facilities within its borders or from ordering the closure of suchfacilities, so long as such action by a host state is applied equally to all generatorswithin the region comprised of the party states.

 

(6) Any host state mayestablish a schedule of fees and requirements related to its facility, toassure that closure, perpetual care, and maintenance and contingencyrequirements are met, including adequate bonding.

 

ARTICLE V-NORTHWEST LOW-LEVEL WASTE COMPACT COMMITTEE

 

The governor of each party state shalldesignate one (1) 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 partiesshall inform the committee of existing regulations concerning low-level wastemanagement in their states, and shall afford all parties a reasonableopportunity to review and comment upon any proposed modifications 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 (2/3)vote of all such members, including the affirmative vote of the member of anyparty state in which a facility affected by such arrangement is located, forthe committee to enter into such arrangement.

 

ARTICLEVI-ELIGIBLE PARTIES AND EFFECTIVE DATE

 

(1) Each of thefollowing states is eligible to become a party to this compact: Alaska,Hawaii, Idaho, Montana, Oregon, Utah, Washington, and Wyoming. As to anyeligible party, this compact shall become effective upon enactment into law bythat party, but it shall not become initially effective until enacted into lawby two (2) states. Any party state may withdraw from this compact by enactinga statute repealing its approval.

 

(2) After the compacthas initially taken effect pursuant to paragraph (1) of this article, anyeligible party state may become a party to this compact by the execution of anexecutive order by the governor of the state. Any state which becomes a partyin this manner shall cease to be a party upon the final adjournment of the nextgeneral or regular session of its legislature or July 1, 1983, whichever occursfirst, unless the compact has by then been enacted as a statute by that state.

 

(3) Paragraph (2) ofarticle IV of this compact shall take effect on July 1, 1983, if consent isgiven by Congress. As provided by Public Law 96-573, Congress may withdraw itsconsent to the compact after every five (5) year period.

 

ARTICLE VII-SEVERABILITY

 

If any provision of this compact, or itsapplication to any person or circumstances, 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 theprovisions of this compact are severable.

 

9-6-207. Appointment of compact committee member.

 

Thegovernor shall appoint one (1) member and an alternate to serve as the Wyomingrepresentative on the committee for the Northwest Interstate Compact onLow-Level Waste Management [ 9-6-206]. The member and alternate shall serveat the pleasure of the governor and shall receive no compensation, but shall bereimbursed for expenses in the same manner and amount as a state employee to bepaid from funds available from the governor's office or from the compact.

 

9-6-208. Cooperation with the committee.

 

Consistentwith applicable law, all departments, agencies and officers of this state andits subdivisions are directed to cooperate with the committee for the NorthwestInterstate Compact on Low-Level Waste Management [ 9-6-206] in furtherance ofany of its activities pursuant to the compact.

 

9-6-209. Filing of bylaws.

 

Thestate representative to the committee for the Northwest Interstate Compact onLow-Level Waste Management [ 9-6-206] shall file copies of the committee's bylawsand any amendments thereto with the secretary of state of Wyoming.

 

9-6-210. Administration.

 

(a) The environmental quality council may promulgate rulesnecessary to administer this state's rights and responsibilities under theNorthwest Interstate Compact on Low-Level Waste Management. Enforcement shallbe pursuant to article 9 of chapter 11 of the Wyoming Environmental QualityAct, with the right of judicial review as provided for in W.S. 35-11-1001.

 

(b) The department of environmental quality shall cooperate andcoordinate with all federal and state agencies with jurisdiction over packagingand transportation of low-level radioactive waste in order to avoidinconsistent or duplicative actions.

 

(c) The council or department shall not impose requirements orregulations more stringent than those required by the compact or by federal lawunless otherwise authorized by law, and shall coordinate action taken pursuantto this section with the Wyoming department of transportation.

 

(d) For the purposes of the Northwest Interstate Compact onLow-Level Waste Management:

 

(i) Low-level waste as defined in the compact shall not includenaturally occurring radioactive materials;

 

(ii) Regulatory requirements imposed upon generators andtransporters of low-level waste shall not be more stringent than applicablefederal requirements.

 


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CHAPTER 6 - NUCLEAR COOPERATION AND RADIOACTIVE WASTE DISPOSAL

 

ARTICLE 1 - WESTERN INTERSTATE NUCLEAR COOPERATION COMPACT

 

9-6-101. Western Interstate Nuclear Compact.

 

TheWestern Interstate Nuclear Compact, hereinafter called "the compact,"is hereby enacted into law and entered into by the state of Wyoming as a party,and is in full force and effect between the state and any other states joiningtherein in accordance with the terms of the compact, which compact issubstantially as follows:

 

ArticleI. Policy and Purpose

 

The party states recognize that the properemployment of scientific and technological discoveries and advances in nuclearand related fields and direct and collateral application and adaptation ofprocesses and techniques developed in connection therewith, properly correlatedwith the other resources of the region, can assist substantially in theindustrial progress of the West and the further development of the economy ofthe region. They also recognize that optimum benefit from nuclear and relatedscientific or technological resources, facilities and skills requiressystematic encouragement, guidance, assistance, and promotion from the partystates on a cooperative basis. It is the policy of the party states toundertake such cooperation on a continuing basis. It is the purpose of thiscompact to provide the instruments and framework for such a cooperative effortin nuclear and related fields, to enhance the economy of the West andcontribute to the individual and community well-being of the region's people.

 

ArticleII. The Board

 

(a) There is herebycreated an agency of the party states to be known as the "westerninterstate nuclear board" (hereinafter called the board). The board shallbe composed of one (1) member from each party state designated or appointed inaccordance with the law of the state which he represents and serving andsubject to removal in accordance with such law. Any member of the board mayprovide for the discharge of his duties and the performance of his functionsthereon (either for the duration of his membership or for any lesser period oftime) by a deputy or assistant, if the laws of his state make specificprovisions therefor. The federal government may be represented without vote ifprovision is made by federal law for such representation.

 

(b) The board membersof the party states shall each be entitled to one (1) vote on the board. Noaction of the board shall be binding unless taken at a meeting at which amajority of all members representing the party states are present and unless amajority of the total number of votes on the board are cast in favor thereof.

 

(c) The board shallhave a seal.

 

(d) The board shallelect annually, from among its members, a chairman, a vice-chairman, and atreasurer. The board shall appoint and fix the compensation of an executivedirector who shall serve at its pleasure and who shall also act as secretary,and who, together with the treasurer, and such other personnel as the board maydirect, shall be bonded in such amounts as the board may require.

 

(e) The executivedirector, with the approval of the board, shall appoint and remove or dischargesuch personnel as may be necessary for the performance of the board's functionsirrespective of the civil service, personnel or other merit system laws of anyof the party states.

 

(f) The board mayestablish and maintain, independently or in conjunction with any one (1) ormore of the party states, or its institutions or subdivisions, a suitableretirement system for its full-time employees. Employees of the board shall beeligible for social security coverage in respect of old-age and survivors insuranceprovided that the board takes such steps as may be necessary pursuant tofederal law to participate in such program of insurance as a governmentalagency or unit. The board may establish and maintain or participate in suchadditional programs of employee benefits as may be appropriate.

 

(g) The board mayborrow, accept, or contract for the services of personnel from any state or theUnited States or any subdivision or agency thereof, from any interstate agency,or from any institution, person, firm or corporation.

 

(h) The board mayaccept for any of its purposes and functions under this compact any and alldonations, and grants of money, equipment, supplies, materials and services(conditional or otherwise) from any state or the United States or anysubdivision or agency thereof, or interstate agency, or from any institution,person, firm, or corporation, and may receive, utilize, and dispose of thesame. The nature, amount and conditions, if any, attendant upon any donation orgrant accepted pursuant to this paragraph or upon any borrowing pursuant toparagraph (g) of this article, together with the identity of the donor, grantoror lender, shall be detailed in the annual report of the board.

 

(j) The board mayestablish and maintain such facilities as may be necessary for the transactingof its business. The board may acquire, hold, and convey real and personalproperty and any interest therein.

 

(k) The board shalladopt bylaws, rules, and regulations for the conduct of its business, and shallhave the power to amend and rescind these bylaws, rules and regulations. Theboard shall publish its bylaws, rules, and regulations in convenient form andshall file a copy thereof, and shall also file a copy of any amendment thereto,with the appropriate agency or officer in each of the party states.

 

(m) The board annuallyshall make to the governor of each party state, a report covering theactivities of the board for the preceding year, and embodying suchrecommendations as may have been adopted by the board, which report shall betransmitted to the legislature of said state. The board may issue suchadditional reports as it may deem desirable.

 

Article III. Finances

 

(a) The board shallsubmit to the governor or designated officer or officers of each party state abudget of its estimated expenditures for such period as may be required by thelaws of that jurisdiction for presentation to the legislature thereof.

 

(b) Each of the board'sbudgets of estimated expenditures shall contain specific recommendations of theamount or amounts to be appropriated by each of the party states. Each of theboard's requests for appropriations pursuant to a budget of estimatedexpenditures shall be apportioned equally among the party states. Subject toappropriation by their respective legislatures, the board shall be providedwith such funds by each of the party states as are necessary to provide themeans of establishing and maintaining facilities, a staff of personnel, andsuch activities as may be necessary to fulfill the powers and duties imposedupon and entrusted to the board.

 

(c) The board may meetany of its obligations in whole or in part with funds available to it underarticle II (h) of this compact; provided, that the board takes specific actionsetting aside such funds prior to the incurring of any obligation to be met inwhole or in part in this manner. Except where the board makes use of fundsavailable to it under article II (h), the board shall not incur any obligationprior to the allotment of funds by the party jurisdictions which are adequateto meet any such obligation.

 

(d) Any expenses andany other costs for each member of the board in attending board meetings shallbe met by the board.

 

(e) The board shallkeep accurate accounts of all receipts and disbursements. The receipts anddisbursements of the board shall be subject to the audit and accountingprocedures established under its bylaws. However, all receipts anddisbursements of funds handled by the board shall be audited yearly by acertified or licensed public accountant and the report of the audit shall beincluded in and become a part of the annual report of the board.

 

(f) The accounts of theboard shall be open at any reasonable time for inspection to persons authorizedby the board, and duly designated representatives of governments contributingto the board's support.

 

Article IV. Advisory Committees

 

The board may establish such advisory andtechnical committees as it may deem necessary, membership on which may includebut not be limited to private citizens, expert and lay personnel,representatives of industry, labor, commerce, agriculture, civic associations,medicine, education, voluntary health agencies, and officials of local, stateand federal government, and may cooperate with and use the services of any suchcommittees and the organizations which they represent in furthering any of itsactivities under this compact.

 

ArticleV. Powers

 

(a) The board shallhave power to:

 

(i) Encourage andpromote cooperation among the party states in the development and utilizationof nuclear and related technologies and their application to industry and otherfields;

 

(ii) Ascertain andanalyze on a continuing basis the position of the West with respect to theemployment in industry of nuclear and related scientific findings andtechnologies;

 

(iii) Encourage thedevelopment and use of scientific advances and discoveries in nuclearfacilities, energy, materials, products, by-products, and all other appropriateadaptations of scientific and technological advances and discoveries;

 

(iv) Collect,correlate, and disseminate information relating to the peaceful uses of nuclearenergy, materials, and products, and other products and processes resultingfrom the application of related science and technology;

 

(v) Encourage thedevelopment and use of nuclear energy, facilities, installations, and productsas part of a balanced economy;

 

(vi) Conduct, orcooperate in conducting, programs of training for state and local personnel engagedin any aspects of:

 

(A) Nuclear industry,medicine, or education, or the promotion or regulation thereof;

 

(B) Applying nuclearscientific advances or discoveries, and any industrial commercial or otherprocesses resulting therefrom;

 

(C) The formulation oradministration of measures designed to promote safety in any matter related tothe development, use or disposal of nuclear energy, materials, products,by-products, installations, or wastes, or to safety in the production, use anddisposal of any other substances peculiarly related thereto.

 

(vii) Organize andconduct, or assist and cooperate in organizing and conducting, demonstrationsor research in any of the scientific, technological or industrial fields towhich this compact relates;

 

(viii) Undertake suchnonregulatory functions with respect to nonnuclear sources of radiation as maypromote the economic development and general welfare of the West;

 

(ix) Study industrial,health, safety, and other standards, laws, codes, rules, regulations, andadministrative practices in or related to nuclear fields;

 

(x) Recommend suchchanges in, or amendments or additions to the laws, codes, rules, regulations,administrative procedures and practices or local laws or ordinances of theparty states or their subdivisions in nuclear and related fields, as in itsjudgment may be appropriate. Any such recommendations shall be made through theappropriate state agency, with due consideration of the desirability ofuniformity but shall also give appropriate weight to any special circumstanceswhich may justify variations to meet local conditions;

 

(xi) Consider and makerecommendations designed to facilitate the transportation of nuclear equipment,materials, products, by-products, wastes, and any other nuclear or relatedsubstances, in such manner and under such conditions as will make theiravailability or disposal practicable on an economic and efficient basis;

 

(xii) Consider and makerecommendations with respect to the assumption of and protection againstliability actually or potentially incurred in any phase of operations innuclear and related fields;

 

(xiii) Advise andconsult with the federal government concerning the common position of the partystates or assist party states with regard to individual problems whereappropriate in respect to nuclear and related fields;

 

(xiv) Cooperate withthe atomic energy commission, the national aeronautics and spaceadministration, the office of science and technology, or any agencies successorthereto, any other officer or agency of the United States, and any othergovernmental unit or agency or officer thereof, and with any private persons oragencies in any of the fields of its interest;

 

(xv) Act as licensee,contractor or subcontractor of the United States government or any party statewith respect to the conduct of any research activity requiring such license orcontract and operate such research facility or undertake any program pursuantthereto, provided that this power shall be exercised only in connection withthe implementation of one (1) or more other powers conferred upon the board bythis compact;

 

(xvi) Prepare, publishand distribute (with or without charge) such reports, bulletins, newsletters orother materials as it deems appropriate;

 

(xvii)(A) Ascertainfrom time to time such methods, practices, circumstances, and conditions as maybring about the prevention and control of nuclear incidents in the areacomprising the party states, to coordinate the nuclear incident prevention andcontrol plans and the work relating thereto of the appropriate agencies of theparty states and to facilitate the rendering of aid by the party states to eachother in coping with nuclear incidents;

 

(B) The board mayformulate and, in accordance with need from time to time, revise a regionalplan or regional plans for coping with nuclear incidents within the territoryof the party states as a whole or within any subregion or subregions of thegeographic area covered by this compact;

 

(C) Any nuclearincident plan in force pursuant to this paragraph shall designate the officialor agency in each party state covered by the plan who shall coordinate requestsfor aid pursuant to article VI of this compact and the furnishing of aid inresponse thereto;

 

(D) Unless the partystates concerned expressly otherwise agree, the board shall not administer thissummoning and dispatching of aid, but this function shall be undertakendirectly by the designated agencies and officers of the party states;

 

(E) However, the planor plans of the board in force pursuant to this paragraph shall provide forreports to the board concerning the occurrence of nuclear incidents and therequests for aid on account thereof, together with summaries of the actualworking and effectiveness of mutual aid in particular instances;

 

(F) From time to time,the board shall analyze the information gathered from reports of aid pursuantto article VI and such other instances of mutual aid as may have come to itsattention, so that experience in the rendering of such aid may be available.

 

(xviii) Prepare,maintain, and implement a regional plan or regional plans for carrying out theduties, powers, or functions conferred upon the board by this compact;

 

(xix) Undertakeresponsibilities imposed or necessarily involved with regional participationpursuant to such cooperative programs of the federal government as are usefulin connection with the fields covered by this compact.

 

Article VI. Mutual Aid

 

(a) Whenever a partystate, or any state or local governmental authorities request aid from anyother party state pursuant to this compact in coping with a nuclear incident,it shall be the duty of the requested state to render all possible aid to therequesting state which is consonant with the maintenance of protection of itsown people.

 

(b) Whenever theofficers or employees of any party state are rendering outside aid pursuant tothe request of another party state under this compact, the officers oremployees of such state shall, under the direction of the authorities of thestate to which they are rendering aid, have the same powers, duties, rights,privileges and immunities as comparable officers and employees of the state towhich they are rendering aid.

 

(c) No party state orits officers or employees rendering outside aid pursuant to this compact shallbe liable on account of any act or omission on their part while so engaged, oron account of the maintenance or use of any equipment or supplies in connectiontherewith.

 

(d) All liability thatmay arise either under the laws of the requesting state or under the laws ofthe aiding state or under the laws of a third state on account of or inconnection with a request for aid, shall be assumed and borne by the requestingstate.

 

(e) Any party staterendering outside aid pursuant to this compact shall be reimbursed by the partystate receiving such aid for any loss or damage to, or expense incurred in theoperation of any equipment answering a request for aid, and for the cost of allmaterials, transportation, wages, salaries and maintenance of officers,employees and equipment incurred in connection with such requests: providedthat nothing herein contained shall prevent any assisting party state fromassuming such loss, damage, expense or other cost or from loaning suchequipment or from donating such services to the receiving party state withoutcharge or cost.

 

(f) Each party stateshall provide for the payment of compensation and death benefits to injuredofficers and employees and the representatives of deceased officers andemployees in case officers or employees sustain injuries or death whilerendering outside aid pursuant to this compact, in the same manner and on thesame terms as if the injury or death were sustained within the state by or inwhich the officer or employee was regularly employed.

 

Article VII. Supplementary Agreements

 

(a) To the extent thatthe board has not undertaken an activity or project which would be within itspower under the provisions of article V of this compact, any two (2) or more ofthe party states (acting by their duly constituted administrative officials)may enter into supplementary agreements for the undertaking and continuance ofsuch an activity or project. Any such agreement shall specify the purpose orpurposes; its duration and the procedure for termination thereof or withdrawaltherefrom; the method of financing and allocating the costs of the activity orproject; and such other matters as may be necessary or appropriate.

 

(b) No suchsupplementary agreement entered into pursuant to this article shall becomeeffective prior to its submission to and approval by the board. The board shallgive such approval unless it finds that the supplementary agreement or activityor project contemplated thereby is inconsistent with the provisions of thiscompact or a program or activity conducted by or participated in by the board.

 

(c) Unless all of theparty states participate in a supplementary agreement, any cost or coststhereof shall be borne separately by the states party thereto. However, theboard may administer or otherwise assist in the operation of any supplementaryagreement.

 

(d) No party to asupplementary agreement entered into pursuant to this article shall be relievedthereby of any obligation or duty assumed by said party state under or pursuantto this compact, except that timely and proper performance of such obligationor duty by means of the supplementary agreement may be offered as performancepursuant to the compact.

 

(e) The provisions ofthis article shall apply to supplementary agreements and activities thereunder,but shall not be construed to repeal or impair any authority which officers oragencies of party states may have pursuant to other laws to undertake cooperativearrangements or projects.

 

Article VIII. Other Laws and Relations

 

(a) Nothing in thiscompact shall be construed to have the following effect:

 

(i) Permit or requireany person or other entity to avoid or refuse compliance with any law, rule, regulation,order or ordinance of a party state or subdivision thereof now or hereaftermade, enacted or in force;

 

(ii) Limit, diminish,or otherwise impair jurisdiction exercised by the atomic energy commission, anyagency successor thereto, or any other federal department, agency or officerpursuant to and in conformity with any valid and operative act of congress; norlimit, diminish, affect, or otherwise impair jurisdiction exercised by anyofficer or agency of a party state, except to the extent that the provisions ofthis compact may provide therefor;

 

(iii) Alter therelations between the respective internal responsibilities of the government ofa party state and its subdivisions;

 

(iv) Permit orauthorize the board to own or operate any facility, reactor, or installationfor industrial or commercial purposes.

 

Article IX. Eligible Parties, Entry Into

 

Force and Withdrawal

 

(a) Any or all of thestates of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana,Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming shall be eligible tobecome party to this compact.

 

(b) As to any eligibleparty state, this compact shall become effective when its legislature shallhave enacted the same into law; provided, that it shall not become initiallyeffective until enacted into law by five (5) states.

 

(c) Any party state maywithdraw from this compact by enacting a statute repealing the same, but nosuch withdrawal shall take effect until one (1) year after the governor of thewithdrawing state has given notice in writing of the withdrawal to thegovernors of all other party states. No withdrawal shall affect any liabilityalready incurred by or chargeable to a party state prior to the time of suchwithdrawal.

 

(d) Guam and AmericanSamoa, or either of them may participate in the compact to such extent as maybe mutually agreed by the board and the duly constituted authorities of Guam orAmerican Samoa, as the case may be. However, such participation shall notinclude the furnishing or receipt of mutual aid pursuant to article VI, unlessthat article has been enacted or otherwise adopted so as to have the full forceand effect of law in the jurisdiction affected. Neither Guam nor American Samoashall be entitled to voting participation on the board, unless it has become afull party to the compact.

 

Article X. Severability and Construction

 

The provisions of this compact and of anysupplementary agreement entered into hereunder shall be severable and if anyphrase, clause, sentence or provision of this compact or such supplementaryagreement is declared to be contrary to the constitution of any participatingstate or of the United States or the applicability thereof to any government,agency, person, or circumstance is held invalid, the validity of the remainderof this compact or such supplementary agreement and the applicability thereofto any government, agency, person or circumstance shall not be affectedthereby. If this compact or any supplementary agreement entered into hereundershall be held contrary to the constitution of any state participating therein,the compact or such supplementary agreement shall remain in full force andeffect as to the remaining states and in full force and effect as to the stateaffected as to all severable matters. The provisions of this compact and of anysupplementary agreement entered into pursuant thereto shall be liberallyconstrued to effectuate the purposes thereof.

 

9-6-102. Nuclear board; state member; appointment and removal.

 

Themember of the western interstate nuclear board representing the state ofWyoming shall be appointed by the governor and may be removed by the governoras provided in W.S. 9-1-202. The member may designate another person as hisrepresentative to attend meetings of the board.

 

9-6-103. Nuclear board; intrastate cooperation.

 

Alldepartments, agencies and officers of this state and its subdivisions aredirected to cooperate with the board in the furtherance of any of itsactivities pursuant to the compact [ 9-6-101].

 

9-6-104. Nuclear board; filing of reports, bylaws and amendments.

 

Thereport required to be transmitted to the legislature under article II(m) ofW.S. 9-6-101 shall be transmitted to the joint minerals, business and economicdevelopment interim committee of the legislature. Pursuant to article II(k) ofthis compact, the western interstate nuclear board shall file copies of itsbylaws and any amendments thereto with the secretary of state of the state ofWyoming.

 

9-6-105. Laws and benefits applicable to persons dispatched to aidother state.

 

Thelaws of the state of Wyoming and any benefits payable thereunder shall applyand be payable to any person dispatched to another state pursuant to article VIof the compact [ 9-6-101]. If the aiding personnel are officers or employeesof the state of Wyoming or any subdivisions thereof, they shall be entitled tothe same worker's compensation or other benefits in case of injury or death towhich they would have been entitled if injured or killed while engaged in copingwith a nuclear incident in their jurisdictions of regular employment.

 

ARTICLE 2 - NORTHWEST INTERSTATE COMPACT ON LOW-LEVELRADIOACTIVE WASTE MANAGEMENT

 

9-6-201. Repealed by Laws 1992, ch. 36, 2.

 

9-6-202. Repealed by Laws 1992, ch. 36, 2.

 

9-6-203. Repealed by Laws 1992, ch. 36, 2.

 

9-6-204. Repealed by Laws 1992, ch. 36, 2.

 

9-6-205. Repealed by Laws 1992, ch. 36, 2.

 

9-6-206. Generally.

 

TheNorthwest Interstate Compact on Low-Level Radioactive Waste Management ishereby enacted into law and entered into by the State of Wyoming as a party,and is in full force and effect between the state and any other states joiningtherein in accordance with the terms of the compact, which compact issubstantially as follows:

 

ARTICLEI-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 cooperation ofthe states in providing facilities that serve the region. It is the policy ofthe party states to undertake the necessary cooperation to protect the healthand safety of the citizens of the party states and to provide for the mosteconomical management of low-level radioactive wastes on a continuing basis. 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 radioactive low-level wastemanagement.

 

ARTICLEII-DEFINITIONS

 

As used in this compact:

 

(1) "Facility" means any site, location, structure, or property used orto be used for the storage, treatment, or disposal of low-level waste,excluding federal waste facilities;

 

(2) "Low-levelwaste" means waste material which contains radioactive nuclides emittingprimarily beta or gamma radiation, or both, in concentrations or quantitieswhich exceed applicable federal or state standards for unrestricted release.Low-level waste does not include waste containing more than ten (10) nanocuriesof transuranic contaminants per gram of material, nor spent reactor fuel, normaterial classified as either high-level waste or waste which is unsuited fordisposal by near-surface burial under any applicable federal regulations;

 

(3) "Generator" means any person, partnership, association, corporation,or any other entity whatsoever which, as a part of its activities, produceslow-level radioactive waste;

 

(4) "Hoststate" means a state in which a facility 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:

 

(1) Maintaining aninventory of all generators within the state that have shipped or expect toship low-level waste to facilities in another party state;

 

(2) Periodicunannounced inspection of the premises of such generators and the wastemanagement activities thereon;

 

(3) Authorization ofthe containers in which such waste may be shipped, and a requirement thatgenerators use only that type of container authorized by the state;

 

(4) Assurance thatinspections of the carriers which transport such waste are conducted by proper authorities,and appropriate enforcement action taken for violations;

 

(5) After receivingnotification from a host state that a generator within the party state is inviolation of applicable packaging or transportation standards, the party statewill take appropriate action to assure that such violations do not recur. Suchaction may include inspection of every individual low-level waste shipment bythat 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.

 

ARTICLEIV-REGIONAL FACILITIES

 

(1) Facilities locatedin any party state, other than facilities established or maintained byindividual low-level waste generators for the management of their own low-levelwaste, shall accept low-level waste generated in any party state if such wastehas been packaged and transported according to applicable laws and regulations.

 

(2) No facility locatedin any party state may accept low-level waste generated outside of the regioncomprised of the party states, except as provided in article V.

 

(3) Until such time asparagraph (2) of article IV takes effect, facilities located in any party statemay accept low-level waste generated outside of any of the party states only ifsuch waste is accompanied by a certificate of compliance issued by an officialof the state in which such waste shipment originated. Such certificate shallbe in such form as may be required by the host state, and shall contain atleast the following:

 

(A) The generator'sname and address;

 

(B) A description ofthe contents of the low-level waste container;

 

(C) A statement thatthe low-level waste being shipped has been inspected by the official who issuedthe certificate or by his agent or by a representative of the United StatesNuclear Regulatory Commission, and found to have been packaged in compliancewith applicable federal regulations and such additional requirements as may beimposed by the host state;

 

(D) A binding agreementby the state of origin to reimburse any party state for any liability orexpense incurred as a result of an accidental release of such waste duringshipment or after such waste reaches the facility.

 

(4) Each party stateshall cooperate with the other party states in determining the appropriate siteof any facility that might be required within the region comprised of the partystates, in order to maximize public health and safety while minimizing the useof any one (1) party state as the host of such facilities on a permanentbasis. Each party state further agrees that decisions regarding low-levelwaste management facilities in their region will be reached through a goodfaith process which takes into account the burdens borne by each of the partystates as well as the benefits each has received.

 

(5) The party statesrecognize that the issue of hazardous chemical waste management is similar inmany respects to that of low-level waste management. Therefore, inconsideration of the state of Washington allowing access to its low-level wastedisposal facility by generators in other party states, party states such asOregon and Idaho which host hazardous chemical waste disposal facilities willallow access to such facilities by generators within other party states. Nothing in this compact shall be construed to prevent any party state fromlimiting the nature and type of hazardous chemical or low-level wastes to beaccepted at facilities within its borders or from ordering the closure of suchfacilities, so long as such action by a host state is applied equally to all generatorswithin the region comprised of the party states.

 

(6) Any host state mayestablish a schedule of fees and requirements related to its facility, toassure that closure, perpetual care, and maintenance and contingencyrequirements are met, including adequate bonding.

 

ARTICLE V-NORTHWEST LOW-LEVEL WASTE COMPACT COMMITTEE

 

The governor of each party state shalldesignate one (1) 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 partiesshall inform the committee of existing regulations concerning low-level wastemanagement in their states, and shall afford all parties a reasonableopportunity to review and comment upon any proposed modifications 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 (2/3)vote of all such members, including the affirmative vote of the member of anyparty state in which a facility affected by such arrangement is located, forthe committee to enter into such arrangement.

 

ARTICLEVI-ELIGIBLE PARTIES AND EFFECTIVE DATE

 

(1) Each of thefollowing states is eligible to become a party to this compact: Alaska,Hawaii, Idaho, Montana, Oregon, Utah, Washington, and Wyoming. As to anyeligible party, this compact shall become effective upon enactment into law bythat party, but it shall not become initially effective until enacted into lawby two (2) states. Any party state may withdraw from this compact by enactinga statute repealing its approval.

 

(2) After the compacthas initially taken effect pursuant to paragraph (1) of this article, anyeligible party state may become a party to this compact by the execution of anexecutive order by the governor of the state. Any state which becomes a partyin this manner shall cease to be a party upon the final adjournment of the nextgeneral or regular session of its legislature or July 1, 1983, whichever occursfirst, unless the compact has by then been enacted as a statute by that state.

 

(3) Paragraph (2) ofarticle IV of this compact shall take effect on July 1, 1983, if consent isgiven by Congress. As provided by Public Law 96-573, Congress may withdraw itsconsent to the compact after every five (5) year period.

 

ARTICLE VII-SEVERABILITY

 

If any provision of this compact, or itsapplication to any person or circumstances, 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 theprovisions of this compact are severable.

 

9-6-207. Appointment of compact committee member.

 

Thegovernor shall appoint one (1) member and an alternate to serve as the Wyomingrepresentative on the committee for the Northwest Interstate Compact onLow-Level Waste Management [ 9-6-206]. The member and alternate shall serveat the pleasure of the governor and shall receive no compensation, but shall bereimbursed for expenses in the same manner and amount as a state employee to bepaid from funds available from the governor's office or from the compact.

 

9-6-208. Cooperation with the committee.

 

Consistentwith applicable law, all departments, agencies and officers of this state andits subdivisions are directed to cooperate with the committee for the NorthwestInterstate Compact on Low-Level Waste Management [ 9-6-206] in furtherance ofany of its activities pursuant to the compact.

 

9-6-209. Filing of bylaws.

 

Thestate representative to the committee for the Northwest Interstate Compact onLow-Level Waste Management [ 9-6-206] shall file copies of the committee's bylawsand any amendments thereto with the secretary of state of Wyoming.

 

9-6-210. Administration.

 

(a) The environmental quality council may promulgate rulesnecessary to administer this state's rights and responsibilities under theNorthwest Interstate Compact on Low-Level Waste Management. Enforcement shallbe pursuant to article 9 of chapter 11 of the Wyoming Environmental QualityAct, with the right of judicial review as provided for in W.S. 35-11-1001.

 

(b) The department of environmental quality shall cooperate andcoordinate with all federal and state agencies with jurisdiction over packagingand transportation of low-level radioactive waste in order to avoidinconsistent or duplicative actions.

 

(c) The council or department shall not impose requirements orregulations more stringent than those required by the compact or by federal lawunless otherwise authorized by law, and shall coordinate action taken pursuantto this section with the Wyoming department of transportation.

 

(d) For the purposes of the Northwest Interstate Compact onLow-Level Waste Management:

 

(i) Low-level waste as defined in the compact shall not includenaturally occurring radioactive materials;

 

(ii) Regulatory requirements imposed upon generators andtransporters of low-level waste shall not be more stringent than applicablefederal requirements.

 

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