Title 12, Chapter 8, Section 122
( 12-8-122)
The Compact is substantially as follows: "Article I. Policy and Purpose There is hereby created the Southeast Interstate Low-Level
Radioactive Waste Management Compact. The party states recognize
and declare that each state is responsible for providing for
availability of capacity either within or outside the state for
disposal of low-level radioactive waste generated within its
borders, except for waste generated as a result of defense
activities of the federal government or federal research and
development activities. They also recognize that the management of
low-level radioactive waste is handled most efficiently on a
regional basis. The party states further recognize that the
Congress of the United States, by enacting the Low-Level Radioactive
Waste Policy Act (P.L. 96-573), has provided for and encouraged the
development of low-level radioactive waste compacts as a tool for
disposal of such waste. The party states recognize that the safe
and efficient management of low-level radioactive waste generated
within the region requires that sufficient capacity to dispose of
such waste be properly provided. It is the policy of the party states to: enter into a regional
low-level radioactive waste management compact for the purpose of
providing the instrument and framework for a cooperative effort;
provide sufficient facilities for the proper management of low-level
radioactive waste generated in the region, promote the health and
safety of the region; limit the number of facilities required to
effectively and efficiently manage low-level radioactive waste
generated in the region; encourage the reduction of the amounts of
low-level waste generated in the region; distribute the costs,
benefits, and obligations of successful low-level radioactive waste
management equitably among the party states; and ensure the
ecological and economical management of low-level radioactive
wastes. Implicit in the Congressional consent to this Compact is the
expectation by the Congress and the party states that the
appropriate federal agencies will actively assist the Compact
Commission and the individual party states to this Compact by: 1. expeditious enforcement of federal rules, regulations, and
laws; and 2. imposing sanctions against those found to be in violation of
federal rules, regulations, and laws; and 3. timely inspection of their licensees to determine their
capability to adhere to such rules, regulations, and laws; and 4. timely provision of technical assistance to this Compact in
carrying out their obligations under the Low-Level Radioactive
Waste Policy Act as amended. Article II. Definitions As used in this Compact, unless the context clearly requires a
different construction:
a. 'Commission' or 'Compact Commission' means the Southeast
Interstate Low-Level Radioactive Waste Management Commission. b. 'facility' means a parcel of land, together with the structures,
equipment, and improvements thereon or appurtenant thereto, which is
used or is being developed for the treatment, storage, or disposal
of low-level radioactive waste. c. 'generator' means any person who produces or possesses low-level
radioactive waste in the course of, or as an incident to,
manufacturing, power generation, processing, medical diagnosis and
treatment, research, or other industrial or commercial activity.
This does not include persons who provide a service to generators by
arranging for the collection, transportation, storage or disposal of
wastes with respect to such waste generated outside the region. d. 'high-level waste' means irradiated reactor fuel, liquid wastes
from reprocessing irradiated reactor fuel, solids into which such
liquid wastes have been converted, and other high-level radioactive
waste as defined by the U.S. Nuclear Regulatory Commission. e. 'host state' means any state in which a regional facility is
situated or is being developed. f. 'low-level radioactive waste' or 'waste' means radioactive waste
not classified as high-level radioactive waste, transuranic waste,
spent nuclear fuel, or by-product material as defined in Section
11e.(2) of the Atomic Energy Act of 1954, or as may be further
defined by federal law or regulation. g. 'party state' means any state which is a signatory party to this
Compact. h. 'person' means any individual, corporation, business enterprise,
or other legal entity (either public or private). i. 'region' means the collective party states. j. 'regional facility' means (1) a facility as defined in this
Article which has been designated, authorized, accepted, or approved
by the Commission to receive waste or (2) the disposal facility in
Barnwell County, South Carolina, owned by the State of South
Carolina and as licensed for the burial of low-level radioactive
waste on July 1, 1982, but in no event shall this disposal facility
serve as a regional facility beyond December 31, 1992. k. 'state' means a state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands or any
other territorial possession of the United States. l. 'transuranic wastes' means waste material containing transuranic
elements with contamination levels as determined by the regulations
of (1) the U.S. Nuclear Regulatory Commission or (2) any host state,
if it is an agreement state under Section 274 of the Atomic Energy
Act of 1954. m. 'waste management' means the storage, treatment, or disposal of
waste.
Article III. Rights and Obligations The rights granted to the party states by this Compact are
additional to the rights enjoyed by sovereign states, and nothing in
this Compact shall be construed to infringe upon, limit, or abridge
those rights. a. Subject to any license issued by the U.S. Nuclear Regulatory
Commission or a host state, each party state shall have the right to
have all wastes generated within its borders stored, treated, or
disposed of, as applicable, at regional facilities, and additionally
shall have the right of access to facilities made available to the
region through agreements entered into by the Commission pursuant to
Article IV(e)(9). The right of access by a generator within a party
state to any regional facility is limited by its adherence to
applicable state and federal law and regulation. b. If no operating regional facility is located within the borders
of a party state and the waste generated within its borders must
therefore be stored, treated, or disposed of at a regional facility
in another state, the party state without such facilities may be
required by the host state or states to establish a mechanism which
provides compensation for access to the regional facility according
to terms and conditions established by the host state or states and
approved by a two-thirds vote of the commission. c. Each party state must establish the capability to regulate,
license, and ensure the maintenance and extended care of any
facility within its borders. Host states are responsible for the
availability, the subsequent post-closure observation and
maintenance, and the extended institutional control of their
regional facilities, in accordance with the provisions of Article V,
Section b. d. Each party state must establish the capability to enforce any
applicable federal or state laws and regulations pertaining to the
packaging and transportation of waste generated within or passing
through its borders. e. Each party state must provide to the Commission on an annual
basis, any data and information necessary to the implementation of
the Commission's responsibilities. Each party state shall establish
the capability to obtain any data and information necessary to meet
its obligation herein defined. f. Each party state must, to the extent authorized by federal law,
require generators within its borders to use the best available
waste management technologies and practices to minimize the volumes
of wastes requiring disposal. Article IV. The Commission a. There is hereby created the Southeast Interstate Low-Level
Radioactive Waste Management Commission ('Commission' or 'Compact
Commission'). The Commission shall consist of two voting members
from each party state to be appointed according to the laws of each
state. The appointing authorities of each state must notify the
Commission in writing of the identity of its members and any
alternates. An alternate may act on behalf of the member only in
the member's absence.
b. Each Commission member is entitled to one vote. No action of the
Commission shall be binding unless a majority of the total
membership cast their vote in the affirmative, or unless a greater
than majority vote is specifically required by any other provision
of this Compact. c. The Commission must elect from among its members a presiding
officer. The Commission shall adopt and publish, in convenient
form, by-laws which are consistent with this Compact. d. The Commission must meet at least once a year and shall also meet
upon the call of the presiding officer, by petition of a majority of
the party states, or upon the call of a host state. All meetings of
the Commission must be open to the public. e. The Commission has the following duties and powers: 1. to receive and approve the application of a non-party state to
become an eligible state in accordance with the provisions of
Article VII(b); and, 2. to receive and approve the application of an eligible state to
become a party state in accordance with the provisions of Article
VII(c); and 3. to submit an annual report and other communications to the
governors and to the presiding officer of each body of the
legislature of the party states regarding the activities of the
Commission; and 4. to develop and use procedures for determining, consistent with
considerations for public health and safety, the type and number
of regional facilities which are presently necessary and which are
projected to be necessary to manage waste generated within the
region; and 5. to provide the party states with reference guidelines for
establishing the criteria and procedures for evaluating
alternative locations for emergency or permanent regional
facilities; and 6. to develop and adopt, within one year after the Commission is
constituted as provided in Article VII, Section d., procedures and
criteria for identifying a party state as a host state for a
regional facility as determined pursuant to the requirements of
this Article. In accordance with these procedures and criteria,
the Commission shall identify a host state for the development of
a second regional disposal facility within three years after the
Commission is constituted as provided for in Article VII, Section
d. and shall seek to ensure that such facility is licensed and
ready to operate as soon as required but in no event later than
1991. In developing criteria, the Commission must consider the
following: the health, safety, and welfare of the citizens of the
party states; the existence of regional facilities within each
party state; the minimization of waste transportation; the volumes
and types of wastes generated within each party state; and the
environmental, economic, and ecological impacts on the air, land
and water resources of the party states.
The Commission shall conduct such hearings, require such reports,
studies, evidence, and testimony, and do what is required by its
approved procedures in order to identify a party state as a host
state for a needed regional facility; and 7. in accordance with the procedures and criteria developed
pursuant to section (e)(6) of this Article, to designate, by a
two-thirds vote, a host state for the establishment of a needed
regional facility. The Commission shall not exercise this
authority unless the party states have failed to voluntarily
pursue the development of such facility. The Commission shall
have the authority to revoke the membership of a party state that
willfully creates barriers to the siting of a needed regional
facility; and 8. to require of and obtain from party states, eligible states
seeking to become party states, and non-party states seeking to
become eligible states, data and information necessary to the
implementation of Commission responsibilities; and 9. notwithstanding any other provision of this Compact, to enter
into agreements with any person, state, or similar regional body
or group of states for the importation of waste into the region
and for the right of access to facilities outside the region for
waste generated within the region. The authorization to import
requires a two-thirds majority vote of the Commission, including
an affirmative vote of both representatives of the host state in
which any affected regional facility is located. This shall be
done only after an assessment of the affected facilities'
capability to handle such wastes; and 10. to act or appear on behalf of any party state or states, only
upon written request of both members of the Commission for such
state or states, as an intervenor or party in interest before
Congress, state legislatures, any court of law, or any federal,
state, or local agency, board, or commission which has
jurisdiction over the management of wastes. The authority to act,
intervene, or otherwise appear shall be exercised by the
Commission, only after approval by a majority vote of the
Commission; and 11. to revoke the membership of a party state in accordance with
Article VII(f). f. The Commission may establish any advisory committees as it deems
necessary for the purpose of advising the Commission on any matters
pertaining to the management of low-level radioactive waste. g. The Commission may appoint or contract for and compensate a
limited staff necessary to carry out its duties and functions. The
staff shall serve at the Commission's pleasure irrespective of the
civil service, personnel, or other merit laws of any of the party
states or the federal government and shall be compensated from funds
of the Commission. In selecting any staff, the Commission shall
assure that the staff has adequate experience and formal training to
carry out such functions as may be assigned to it by the Commission.
If the Commission has a headquarters it shall be in a party state. h. Funding for the Commission shall be provided as follows:
1. each eligible state, upon becoming a party state, shall pay
$25,000 to the Commission which shall be used for costs of the
Commission's services. 2. each state hosting a regional disposal facility shall annually
levy special fees or surcharges on all users of such facility,
based upon the volume of wastes disposed of at such facilities,
the total of which: (a) must be sufficient to cover the annual budget of the
Commission; and (b) must represent the financial commitments of all party states
to the Commission; and (c) must be paid to the Commission, provided, however, that each
host state collecting such fees or surcharges may retain a
portion of the collection sufficient to cover its administrative
costs of collection, and that the remainder be sufficient only
to cover the approved annual budgets of the Commission. 3. The Commission must set and approve its first annual budget as
soon as practicable after its initial meeting. Host states for
disposal facilities must begin imposition of the special fees and
surcharges provided for in this section as soon as practicable
after becoming party states, and must remit to the Commission
funds resulting from collection of such special fees and
surcharges within 60 days of their receipt. i. The Commission must keep accurate accounts of all receipts and
disbursements. An independent certified public accountant shall
annually audit all receipts and disbursements of Commission funds,
and submit an audit report to the Commission. Such audit report
shall be made a part of the annual report of the Commission required
by Article IV(e)(3). j. The Commission may accept for any of its purposes and functions
any and all donations, grants of money, equipment, supplies,
materials, and services (conditional or otherwise) from any state,
or the United States, or any subdivision or agency thereof, or
interstate agency, or from any institution, person, firm or
corporation, and may receive, utilize, and dispose of the same. The
nature, amount, and condition, if any, attendant upon any donation
or grant accepted pursuant to this paragraph, together with the
identity of the donor, grantor, or lender, shall be detailed in the
annual report of the Commission. k. The Commission is not responsible for any costs associated with
(1) the creation of any facility, (2) the operation of any facility,
(3) the stabilization and closure of any facility, (4) the
post-closure observation and maintenance of any facility, or (5) the
extended institutional control, after post-closure observation and
maintenance of any facility. l. As of January 1, 1986, the management of wastes at regional
facilities is restricted to wastes generated within the region, and
to wastes generated within non-party states when authorized by the
Commission pursuant to the provisions of this compact. After
January 1, 1986, the Commission may prohibit the exportation of
waste from the region for the purposes of management.
m. 1. The Commission herein established is a legal entity separate
and distinct from the party states, capable of acting in its own
behalf, and is liable for its actions. Liabilities of the
Commission shall not be deemed liabilities of the party states.
Members of the Commission shall not be personally liable for
actions taken by them in their official capacity. 2. Except as specifically provided in this Compact, nothing in
this Compact shall be construed to alter the incidence of
liability of any kind for any act, omission, course of conduct, or
on account of any casual or other relationships. Generators,
transporters of wastes, and owners and operators of sites shall be
liable for their acts, omissions, conduct, or relationships in
accordance with all laws relating thereto. Article V. Development and Operation of Facilities a. Any party state which becomes a host state in which a regional
facility is operated shall not be designated by the Compact
Commission as a host state for an additional regional facility until
each party state has fulfilled its obligation, as determined by the
Commission, to have a regional facility operated within its borders. b. A host state desiring to close a regional facility located within
its borders may do so only after notifying the Commission in writing
of its intention to do so and the reasons therefor. Such
notification shall be given to the Commission at least four years
prior to the intended date of closure. Notwithstanding the four year
notice requirement herein provided, a host state is not prevented
from closing its facility or establishing conditions of its use and
operations as necessary for the protection of the health and safety
of its citizens. A host state may terminate or limit access to its
regional facility if it determines that Congress has materially
altered the conditions of this compact. c. Each party state designated as a host for a regional facility
shall take appropriate steps to ensure that an application for a
license to construct and operate a facility of the designated type
is filed with and issued by the appropriate authority. d. No party state shall have any form of arbitrary prohibition on
the treatment, storage, or disposal of low-level radioactive waste
within its borders. e. No party state shall be required to operate a regional facility
for longer than a 20-year period, or to dispose of more than
32,000,000 cubic feet of low-level radioactive waste, whichever
first occurs. Article VI. Other Laws and Regulations a. Nothing in this Compact shall be construed to: 1. abrogate or limit the applicability of any act of Congress or
diminish or otherwise impair the jurisdiction of any federal
agency expressly conferred thereon by the Congress; 2. abrogate or limit the regulatory responsibility and authority
of the U.S. Nuclear Regulatory Commission or of an agreement state
under Section 274 of the Atomic Energy Act of 1954 in which a
regional facility is located; 3. make inapplicable to any person or circumstance any other law
of a party state which is not inconsistent with this Compact; 4. make unlawful the continued development and operation of any
facility already licensed for development or operation on the date
this Compact becomes effective, except that any such facility
shall comply with Article III, Article IV and Article V and shall
be subject to any action lawfully taken pursuant thereto; 5. prohibit any storage or treatment of waste by the generator on
its own premises; 6. affect any judicial or administrative proceeding pending on the
effective date of this Compact; 7. alter the relations between, and the respective internal
responsibilities of, the government of a party state and its
subdivisions; and 8. affect the generation, treatment, storage, or disposal of waste
generated by the atomic energy defense activities of the Secretary
of the U.S. Department of Energy or federal research and
development activities as defined in P.L. 96-573; 9. affect the rights and powers of any party state and its
political subdivisions to regulate and license any facility within
its borders or to affect the rights and powers of any party state
and its political subdivisions to tax or impose fees on the waste
managed at any facility within its borders. b. No party state shall pass any law or adopt any regulation which
is inconsistent with this Compact. To do so may jeopardize the
membership status of the party state. c. Upon formation of the compact no law or regulation of a party
state or of any subdivision or instrumentality thereof may be
applied so as to restrict or make more inconvenient access to any
regional facility by the generators of another party state than for
the generators of the state where the facility is situated. d. Restrictions of waste management of regional facilities pursuant
to Article IV shall be enforceable as a matter of state law. Article VII. Eligible Parties, Withdrawal,
Revocation, Entry into Force, Termination a. This Compact shall have as initially eligible parties the States
of Alabama, Florida, Georgia, Mississippi, North Carolina, South
Carolina, Tennessee, and Virginia. b. Any state not expressly declared eligible to become a party state
to this Compact in section (a) of this Article may petition the
Commission, once constituted, to be declared eligible. The
Commission may establish such conditions as it deems necessary and
appropriate to be met by a state wishing to become eligible to
become a party state to this Compact pursuant to the provisions of
this section. Upon satisfactorily meeting such conditions and upon
the affirmative vote of two-thirds of the Commission, including the
affirmative vote of both representatives of a host state in which
any affected regional facility is located, the petitioning state
shall be eligible to become a party state to this Compact and may
become a party state in the same manner as those states declared
eligible in section (a) of this Article. c. Each state eligible to become a party state to this Compact shall
be declared a party state upon enactment of this Compact into law by
the state and upon payment of the fees required by Article IV(h)(1).
The Commission is the judge of the qualifications of the party
states and of its members and of their compliance with the
conditions and requirements of this Compact and the laws of the
party states relating to the enactment of this Compact. d. 1. The first three states eligible to become party states to
this Compact which enact this Compact into law and appropriate the
fees required by Article IV(h)(1) shall immediately, upon the
appointment of their Commission members, constitute themselves as
the Southeast Interstate Low-Level Radioactive Waste Management
Commission, shall cause legislation to be introduced in the
Congress which grants the consent of the Congress to this Compact,
and shall do those things necessary to organize the Commission and
implement the provisions of this Compact. 2. All succeeding states eligible to become party states to this
Compact shall be declared party states pursuant to the provisions
of section c of this Article. 3. The consent of the Congress shall be required for full
implementation of this Compact. The provisions of Article V,
Section d. shall not become effective until the effective date of
the import ban authorized by Article IV, Section L as approved by
Congress. The Congress may by law withdraw its consent only every
five years. e. No state which holds membership in any other regional compact for
the management of low-level radioactive waste may be considered by
the Compact Commission for eligible state status or party state
status. f. Any party state which fails to comply with the provisions of this
Compact or to fulfill the obligations incurred by becoming a party
state to this Compact may be subject to sanctions by the Commission,
including suspension of its rights under this Compact, and
revocation of its status as a party state. Any sanction shall be
imposed only upon the affirmative vote of at least two-thirds of the
Commission members. Revocation of party state status may take
effect on the date of the meeting at which the Commission approves
the resolution imposing such sanction, but in no event shall
revocation take effect later than 90 days from the date of such
meeting. Rights and obligations incurred by being declared a party
state to this Compact shall continue until the effective date of the
sanction imposed or as provided in the resolution of the Commission
imposing the sanction. The Commission must, as soon as practicable after the meeting at
which a resolution revoking status as a party state is approved,
provide written notice of the action along with a copy of the
resolution to the governors, the presidents of the senates, and the
speakers of the houses of representatives of the party states, as
well as chairmen of the appropriate committees of the Congress. g. Subject to the provisions of Article VII, Section h., any party
state may withdraw from this Compact by enacting a law repealing the
Compact, provided that if a regional facility is located within such
state, such regional facility shall remain available to the region
for four years after the date the Commission receives notification
in writing from the governor of such party state of the rescission
of the Compact. The Commission, upon receipt of the notification,
shall, as soon as practicable, provide copies of such notification
to the governors, the presidents of the senates, and the speakers of
the houses of representatives of the party states, as well as the
chairmen of the appropriate committees of the Congress. h. The right of a party state to withdraw pursuant to Article VII
Section g. shall terminate thirty days following the commencement of
operation of the second host state disposal facility. Thereafter, a
party state may withdraw only with the unanimous approval of the
Commission and with the consent of Congress. For purposes of this
section, the low-level radioactive waste disposal facility located
in Barnwell County, South Carolina shall be considered the first
host state disposal facility. i. This Compact may be terminated only by the affirmative action of
the Congress or by the rescission of all laws enacting the Compact
in each party state. Article VIII. Penalties a. Each party state, consistently with its own law, shall prescribe
and enforce penalties against any person not an official of another
state for violation of any provision of this Compact. b. Each party state acknowledges that the receipt by a host state of
waste packaged or transported in violation of applicable laws and
regulations can result in imposition of sanctions by the host state
which may include suspension or revocation of the violator's right
of access to the facility in the host state. Article IX. Severability and Construction The provisions of this Compact shall be severable and if any phrase,
clause, sentence, or provision of this Compact is declared by a
court of competent jurisdiction to be contrary to the Constitution
of any participating state or of the United States, or the
applicability thereof to any government, agency, person, or
circumstance is held invalid, the validity of the remainder of this
Compact and the applicability thereof to any government, agency,
person or circumstance shall not be affected thereby. If any
provision of this Compact shall be held contrary to the Constitution
of any state participating therein, the Compact shall remain in full
force and effect as to the state affected as to all severable
matters. The provisions of this Compact shall be liberally
construed to give effect to the purposes thereof." |