{"data":{"id":"us-ky/krs-211.859","jurisdiction":"us-ky","citation":"KRS 211.859","heading":"Central Midwest Interstate Low-Level Radioactive Waste Compact.","body":"The Central Midwest Interstate Low -Level Radioactive Waste Compact is approved in\nthe form as follows:\nARTICLE I\nPOLICY AND PURPOSE\nThere is created the Central Midwest Interstate Low -Level Radioactive Waste\nCompact.\nThe states party to this compact recognize that the Congress of the United States, by\nenacting the Low -Level Radioactive Waste Policy Act (Title 42 U.S.C. sec. 2021), has\nprovided for and encouraged the development of low-level radioactive waste compacts as\na tool for managing such waste. The  party states also recognize that the management of\nlow-level radioactive waste is handled most efficiently on a regional basis; and, that the\nsafe and efficient management of low-level radioactive waste generated within the region\nrequires that sufficient capacity to manage such waste be properly provided.\n(a) It is the policy of the party states to enter into a regional low -level radioactive\nwaste management compact for the purpose of:\n(1) Providing the instrument and framework for a cooperative effort;\n(2) Providing sufficient facilities for the proper management of low -level\nradioactive waste generated in the region;\n(3) Protecting the health and safety of the citizens of the region;\n(4) Limiting the number of facilities required to manage low -level radioactive\nwaste generated in the region effectively and efficiently;\n(5) Promoting the volume and source reduction of low -level radioactive waste\ngenerated in the region;\n(6) Distributing the costs, benefits and obligations of successful low -level\nradioactive waste management equitably among the party states and among generators\nand other persons who use regional facilities to manage their waste;\n(7) Ensuring the ecological and economical management of low -level radioactive\nwaste, including the prohibition of shallow-land burial of waste; and\n(8) Promoting the use of above -ground facilities and other disposal technologies\nproviding greater and safer confinement of low -level radioactive waste than shallow-land\nburial facilities.\n(b) Implicit in the congressional consent to this compact is the expectation by the\nCongress and the party states that the appropriate federal agencies will actively assist the\ncompact commission and the individual party states to this compact by:\n(1) Expeditious enforcement of federal rules, regulations and laws;\n(2) Imposition of sanctions against those found to be in violation of federal rules,\nregulations and laws; and\n(3) Timely inspection of their licensees to determine their compliance wi th these\nrules, regulations and laws.\nARTICLE II\nDEFINITIONS\nAs used in this compact, unless the context clearly requires a different construction:\n(a) \"Commission\" means the Central Midwest Interstate Low -Level Radioactive\nWaste Commission.\n(b) \"Decommissioning\" means the measures taken at the end of a facility's\noperating life to assure the continued protection of the public from any residual\nradioactivity or other potential hazards present at a facility.\n(c) \"Disposal\" means the isolation of waste fr om the biosphere in a permanent\nfacility designed for that purpose.\n(d) \"Eligible state\" means either the State of Illinois or the Commonwealth of\nKentucky.\n(e) \"Extended care\" means the continued observation of a facility after closure for\nthe purpose o f detecting a need for maintenance, ensuring environmental safety, and\ndetermining compliance with applicable licensure and regulatory requirements and\nincludes undertaking any action or clean -up necessary to protect public health and the\nenvironment from radioactive releases from a regional facility.\n(f) \"Facility\" means a parcel of land or site, together with the structures,\nequipment and improvements on or appurtenant to the land or site, which is used or is\nbeing developed for the treatment, storage or disposal of low-level radioactive waste.\n(g) \"Generator\" means a person who produces or possesses low -level radioactive\nwaste in the course of or incident to manufacturing, power generation, processing,\nmedical diagnosis and treatment, research, or other  industrial or commercial activity and\nwho, to the extent required by law, is licensed by the U.S. Nuclear Regulatory\nCommission or a party state, to produce or possess such waste.\n(h) \"Host state\" means any party state that is designated by the commissio n to\nhost a regional facility, provided that a party state with a total volume of waste recorded\non low-level radioactive waste manifests for any year that is less than ten percent of the\ntotal volume recorded on such manifests for the region during the sa me year shall not be\ndesignated a host state.\n(i) \"Institutional control\" means those activities carried out by the host state to\nphysically control access to the disposal site following transfer of control of the disposal\nsite from the disposal site oper ator to the state or federal government. These activities\nmust include, but need not be limited to environmental monitoring, periodic surveillance,\nminor custodial care, and other necessary activities at the site as determined by the host\nstate, and admini stration of funds to cover the costs for these activities. The period of\ninstitutional control will be determined by the host state, but institutional control may not\nbe relied upon for more than 100 years following transfer of control of the disposal site to\nthe state or federal government.\n(j) \"Long-term liability\" means the financial obligation to compensate any person\nfor medical and other expenses incurred from damages to human health, personal injuries\nsuffered from damages to human health and damage s or losses to real or personal\nproperty, and to provide for the costs for accomplishing any necessary corrective action or\nclean-up on real or personal property caused by radioactive releases from a regional\nfacility.\n(k) \"Low-level radioactive waste\" or  \"waste\" means radioactive waste not\nclassified as (1) high-level radioactive waste, (2) transuranic waste, (3) spent nuclear fuel,\nor (4) by-product material as defined in section 11e(2) of the Atomic Energy Act of 1954.\nThis definition shall apply notwit hstanding any declaration by the federal government, a\nstate, or any regulatory agency that any radioactive material is exempt from any\nregulatory control.\n(l) \"Management plan\" means the plan adopted by the commission for the\nstorage, transportation, treatment and disposal of waste within the region.\n(m) \"Manifest\" means a shipping document identifying the generator of waste, the\nvolume of waste, the quantity of radionuclides in the shipment, and such other\ninformation as may be required by the appropriate regulatory agency.\n(n) \"Party state\" means any eligible state which enacts the compact into law and\npays the membership fee.\n(o) \"Person\" means any individual, corporation, business enterprise or other legal\nentity, either public or private, and any l egal successor, representative, agent or agency of\nthat individual, corporation, business enterprise, or legal entity.\n(p) \"Region\" means the geographical area of the party states.\n(q) \"Regional facility\" means any facility as defined in Article II(f) th at is (1)\nlocated within the region, and (2) established by a party state pursuant to designation of\nthat state as a host state by the commission.\n(r) \"Shallow-land burial\" means a land disposal facility in which radioactive\nwaste is disposed of in or within the upper thirty meters of the earth's surface; however,\nthis definition shall not include an enclosed, engineered, strongly structurally enforced\nand solidified bunker that extends below the earth's surface.\n(s) \"Site\" means the geographic location of a facility.\n(t) \"Source reduction\" means those administrative practices that reduce the\nradionuclide levels in low -level radioactive waste or that pr event the generation of\nadditional low-level radioactive waste.\n(u) \"State\" means a state of the United States, the District of Columbia, the\nCommonwealth of Puerto Rico, the Virgin Islands or any other territorial possession of\nthe United States.\n(v) \"Storage\" means the temporary holding of waste for treatment or disposal.\n(w) \"Treatment\" means any method, technique or process, including storage for\nradioactive decay, designed to change the physical, chemical or biological characteristics\nor composition  of any waste in order to render the waste safer for transport or\nmanagement, amenable to recovery, convertible to another usable material or reduced in\nvolume.\n(x) \"Volume reduction\" means those methods including, but not limited to\nbiological, chemical,  mechanical and thermal methods used to reduce the amount of\nspace that waste materials occupy and to put them into a form suitable for storage or\ndisposal.\n(y) \"Waste management\" means the source and volume reduction, storage,\ntransportation, treatment or disposal of waste.\nARTICLE III\nTHE COMMISSION\n(a) There is created the Central Midwest Interstate Low -Level Radioactive Waste\nCommission. Upon the eligible states becoming party states, the commission shall consist\nof two voting commissioners from each state eligible to be designated a host state under\nArticle VI(b), one voting commissioner from any other party state, and for each regional\nfacility, one non-voting commissioner who is an elected official of local government and\na resident of the county where that regional facility is located. The governor of each party\nstate shall notify the commission in writing of its commissioners and any alternates.\n(b) Each voting commissioner is entitled to one vote. No action of the\ncommission is binding unless a m ajority of the voting membership casts its vote in the\naffirmative. In addition, no agreement by the commission under Article III(i)(1), Article\nIII(i)(2), or Article III(i)(3) is valid unless all voting commissioners from the party state in\nwhich the faci lity where the waste would be sent is located cast their votes in the\naffirmative.\n(c) The commission shall elect annually from among its members a chairperson.\nThe commission shall adopt and publish, in convenient form, bylaws and policies that are\nnot inconsistent with this compact, including procedures that conform with the provisions\nof the Federal Administrative Procedure Act (Title 5 U.S.C. secs. 500 to 559) to the\ngreatest extent practicable in regard to notice, conduct and recording of meetings; ac cess\nby the public to records; provision of information to the public; conduct of adjudicatory\nhearings; and issuance of decisions.\n(d) The commission shall meet at least once annually and shall also meet upon the\ncall of any voting commissioner.\n(e) All meetings of the commission and its designated committees shall be open\nto the public with reasonable advance notice. The commission may, by majority vote,\nclose a meeting to the public for the purpose of considering sensitive personnel or legal\nstrategy matters. However, all commission actions and decisions shall be made in open\nmeetings and appropriately recorded. A roll call may be required upon request of any\nvoting commissioner.\n(f) The commission may establish advisory committees for the purpose of\nadvising the commission on any matters pertaining to waste management, waste\ngeneration and source and volume reduction.\n(g) The office of the commission shall be in Illinois. The commission may\nappoint or contract for and compensate such staff necessary t o carry out its duties and\nfunctions. The staff shall serve at the commission's pleasure with the exception that staff\nhired as the result of securing federal funds shall be hired and governed under applicable\nfederal statutes and regulations. In selecting  any staff, the commission shall assure that\nthe staff has adequate experience and formal training to carry out the functions assigned\nto it by the commission.\n(h) All files, records and data of the commission shall be open to reasonable\npublic inspection and may be copied upon payment of reasonable fees to be established\nwhere appropriate by the commission, except for information privileged against\nintroduction in judicial proceedings. Such fees may be waived or shall be reduced\nsubstantially for not-for-profit organizations.\n(i) The commission may:\n(1) Enter into an agreement with any person to allow waste from outside the\nregion to be disposed of at facilities in the region. However, no such agreement shall be\neffective unless and until ratified by a l aw enacted by the party state to which the waste\nwould be sent for disposal.\n(2) Enter into an agreement with any person to allow waste described in Article\nVII(a)(6) to be treated, stored, or disposed of at regional facilities. However, no such\nagreement shall be effective unless and until ratified by a law enacted by the host state of\nthe regional facility where the waste would be sent for treatment, storage, or disposal.\n(3) Enter into an agreement with any person to allow waste from outside the\nregion to be treated or stored at facilities in the region. However, any such agreement\nshall be revoked as a matter of law if, within one (1) year of the effective date of the\nagreement, a law is enacted ordering the revocation by the party state where the wast e\nwould be sent for treatment or storage.\n(4) Approve, or enter into an agreement with any person for, the export of waste\nfrom the region.\n(5) Approve the disposal of waste generated within the region at a facility in the\nregion other than a regional fa cility, subject to the limitations of Articles V(f) and\nVII(a)(6).\n(6) Require that waste generated within the region be treated or stored at available\nregional facilities, subject to the limitations of Articles V(f), VII(a)(3), and VII(a)(6).\n(7) Appear as an intervenor or party in interest before any court of law or any\nfederal, state or local agency, board or commission in any matter related to waste\nmanagement. In order to represent its views, the commission may arrange for any expert\ntestimony, reports, evidence or other participation.\n(8) Review the emergency closure of a regional facility, determine the\nappropriateness of that closure, and take whatever actions are necessary to ensure that the\ninterests of the region are protected, provided that a party state with a total volume of\nwaste recorded on low -level radioactive waste manifests for any year that is less than ten\npercent of the total volume recorded on such manifests for the region duri ng the same\nyear shall not be designated a host state or be required to store the region's waste. In\ndetermining the ten percent exclusion, there shall not be included waste recorded on low -\nlevel radioactive waste manifests by a person whose principal busi ness is providing a\nservice by arranging for the collection, transportation, treatment, storage or disposal of\nsuch waste.\n(9) Take any action which is appropriate and necessary to perform its duties and\nfunctions as provided in this compact.\n(10) Suspend the privileges or revoke the membership of a party state.\n(j) The commission shall:\n(1) Submit within ten (10) days of its execution to the Governor and the\nappropriate officers of the legislative body of the party state in which any affected facility\nis located a copy of any agreement entered into by the commission under Article III(i)(1),\nArticle III(i)(2), or Article III(i)(3).\n(2) Submit an annual report to, and otherwise communicate with, the governors\nand the appropriate officers of the legislati ve bodies of the party states regarding the\nactivities of the commission. The annual report shall include a description of the status of\nthe activities taken pursuant to any agreement entered into by the commission under\nArticle III(i)(1), Article III(i)(2 ), or Article III(i)(3), and any violation of any provision\nthereof, and a description of the source, volume, activity, and current status of any waste\nfrom outside the region or waste described under Article VII(a)(6) that was treated,\nstored, or disposed of in the region in the previous year.\n(3) Hear, negotiate, and, as necessary, resolve by final decision disputes which\nmay arise between the party states regarding this compact.\n(4) Adopt and amend, as appropriate, a regional management plan that plans  for\nthe establishment of needed regional facilities.\n(5) Adopt an annual budget.\n(k) Funding of the budget of the commission shall be provided as follows:\n(1) Each state, upon becoming a party state, shall pay $50,000 to the commission\nwhich shall be used for the administrative costs of the commission.\n(2) Each state hosting a regional facility shall levy surcharges on each user of the\nregional facility based upon its portion of the total volume and characteristics of wastes\nmanaged at that facility. The surcharges collected at all regional facilities shall:\n(A) Be sufficient to cover the annual budget of the commission; and\n(B) Be paid to the commission, provided, however, that each host state collecting\nsurcharges may retain a portion of the collect ion sufficient to cover its administrative\ncosts of collection.\n(l) The commission shall keep accurate accounts of all receipts and\ndisbursements. The commission shall contract with an independent certified public\naccountant to annually audit all receipts  and disbursements of commission funds and to\nsubmit an audit report to the commission. The audit report shall be made a part of the\nannual report of the commission required by this Article.\n(m) The commission may accept for any of its purposes and functi ons and may\nutilize and dispose of any donations, grants of money, equipment, supplies, materials and\nservices from any state or the United States (or any subdivision or agency thereof), or\ninterstate agency, or from any institution, person, firm or corporation. The nature, amount\nand condition, if any, attendant upon any donation or grant accepted or received by the\ncommission together with the identity of the donor, grantor or lender, shall be detailed in\nthe annual report of the commission. The commissio n shall establish guidelines for the\nacceptance of donations, grants, equipment, supplies, materials and services and shall\nreview such guidelines annually.\n(n) The commission is not liable for any costs associated with any of the\nfollowing:\n(1) The licensing and construction of any facility;\n(2) The operation of any facility;\n(3) The stabilization and closure of any facility;\n(4) The extended care of any facility;\n(5) The institutional control, after extended care of any facility; or\n(6) The transportation of waste to any facility.\n(o) The commission is a legal entity separate and distinct from the party states and\nis liable for its actions as a separate and distinct legal entity. Commissioners are not\npersonally liable for actions taken by them in their official capacity.\n(p) Except as provided under Article III(n), Article III(o), Article VI(p), and\nArticle VI(q), nothing in this compact alters liability for any action, omission, course of\nconduct or liability resulting from any causal or other relationships.\n(q) Any person aggrieved by a final decision of the commission which adversely\naffects the legal rights, duties or privileges of such person, may petition a court of\ncompetent jurisdiction, within sixty days after the commission's final decis ion, to obtain\njudicial review of said final decision.\nARTICLE IV\nREGIONAL MANAGEMENT PLAN\nThe commission shall adopt a regional management plan designed to ensure the\nsafe and efficient management of waste generated within the region. In adopting a\nregional waste management plan the commission shall:\n(a) Adopt procedures for determining, consi stent with considerations of public\nhealth and safety, the type and number of regional facilities which are presently necessary\nand which are projected to be necessary to manage waste generated within the region.\n(b) Develop and adopt policies promoting s ource and volume reduction of waste\ngenerated within the region.\n(c) Develop alternative means for the treatment, storage and disposal of waste,\nother than shallow-land burial or underground injection well.\n(d) Prepare a draft regional management plan th at shall be made available in a\nconvenient form to the public for comment. The commission shall conduct one or more\npublic hearings in each party state prior to the adoption of the regional management plan.\nThe regional management plan shall include the co mmission's response to public and\nparty state comment.\nARTICLE V\nRIGHTS AND OBLIGATIONS OF PARTY STATES\n(a) Each party state shall act in good faith in the performance of acts and courses\nof conduct which are intended to ensure the provision of facilities for regional availability\nand usage in a manner consistent with this compact.\n(b) Other than the provisions of Article V(f) and Article VII(a)(6), each party state\nhas the right to have all wastes generated within its borders managed at regional facilities.\nThis right shall be subject to the provisions of this compact. All party states have an equal\nright of access to any facility outside the region made available to the region by any\nagreement entered into by the commission pursuant to Article III (i)(4).\n(c) Party states or generators may negotiate for the right of access to a facility\noutside the region and may export waste outside the region subject to commission\napproval under Article III (i)(4).\n(d) To the extent permitted by federal law, each part y state may enforce any\napplicable federal and state laws, regulations and rules pertaining to the packaging and\ntransportation of waste generated within or passing through its borders. Nothing in this\nsection shall be construed to require a party state to  enter into any agreement with the\nU.S. Nuclear Regulatory Commission.\n(e) Each party state shall provide to the commission any data and information the\ncommission requires to implement its responsibilities. Each party state shall establish the\ncapability to obtain any data and information required by the commission.\n(f) Waste originating from the Maxey Flats nuclear waste disposal site in Fleming\nCounty, Kentucky shall not be shipped to any facility in Illinois for storage, treatment or\ndisposal. Disposi tion of these wastes shall be the sole responsibility of the\nCommonwealth of Kentucky and such waste shall not be subject to the provisions of\nArticle IX(b)(3) and (4) of this compact.\nARTICLE VI\nDEVELOPMENT AND OPERATION OF FACILITIES\n(a) Any party state  may volunteer to become a host state, and the commission\nmay designate that state as a host state.\n(b) If all regional facilities required by the regional management plan are not\ndeveloped pursuant to Article VI (a), or upon notification that an existing regional facility\nwill be closed, the commission may designate a party state as a host state. A party state\nshall not be designated as a host state for any regional facility under this Article VI(b)\nunless that state's total volume of waste recorded on lo w-level radioactive waste\nmanifests for any year is more than ten percent (10%) of the total volume recorded on\nthose manifests for the region during the same year. In determining the ten percent (10%)\nexclusion, there shall not be included waste recorded on low -level radioactive waste\nmanifests by a person whose principal business is providing a service by arranging for the\ncollection, transportation, treatment, storage, or disposal of such waste, or waste\ndescribed in Article VII(a)(6).\n(c) Each party st ate designated as a host state is responsible for determining\npossible facility locations within its borders. The selection of a facility site shall not\nconflict with applicable federal and host state laws, regulations and rules not inconsistent\nwith this compact and shall be based on factors including, but not limited to, geological,\nenvironmental, engineering and economic viability of possible facility locations.\n(d) Any party state designated as a host state may request the commission to\nrelieve that state of the responsibility to serve as a host state. The commission may relieve\na party state of this responsibility upon a showing by the requesting party state that no\nfeasible potential regional facility site of the type it is designated to host exists w ithin its\nborders or for other good cause shown and consistent with the purposes of the compact.\n(e) After a state is designated a host state by the commission, it is responsible for\nthe timely development and operation of a regional facility.\n(f) To the extent permitted by federal and state law, a host state shall regulate and\nlicense any facility within its borders and ensure the extended care of that facility.\n(g) The commission may designate a party state as a host state while a regional\nfacility is in operation if the commission determines that an additional regional facility is\nor may be required to meet the needs of the region.\n(h) Designation of a host state is for a period of twenty years or the life of the\nregional facility which is established  under that designation, whichever is shorter. Upon\nrequest of a host state, the commission may modify the period of its designation.\n(i) A host state may establish a fee system for any regional facility within its\nborders. The fee system shall be reasona ble and equitable. This fee system shall provide\nthe host state with sufficient revenue to cover any costs including, but not limited to, the\nplanning, siting, licensure, operation, pre -closure corrective action or clean -up,\nmonitoring, inspection, decommi ssioning, extended care and long -term liability,\nassociated with such facilities. This fee system may provide for payment to units of local\ngovernment affected by a regional facility for costs incurred in connection with such\nfacility. This fee system may also include reasonable revenue beyond the costs incurred\nfor the host state, subject to approval by the commission. The fee system shall include\nincentives for source or volume reduction and may be based on the hazard of the waste. A\nhost state shall submit an annual financial audit of the operation of the regional facility to\nthe commission.\n(j) A host state shall ensure that a regional facility located within its borders\nwhich is permanently closed is properly decommissioned. A host state shall also pro vide\nfor the extended care of a closed or decommissioned regional facility within its borders so\nthat the public health and safety of the state and region are ensured, unless, pursuant to\nthe federal Nuclear Waste Policy Act of 1982, the federal government  has assumed title\nand custody of the regional facility and the federal government thereby has assumed\nresponsibility to provide for the extended care of such facility.\n(k) A host state intending to close a regional facility located within its borders\nshall notify the commission in writing of its intention and the reasons. Notification shall\nbe given to the commission at least five years prior to the intended date of closure.  This\nsection shall not prevent an emergency closing of a regional facility by a host state to\nprotect its air, land and water resources and the health and safety of its citizens. However,\na host state which has an emergency closing of a regional facility shall notify the\ncommission in writing within three (3) working days of its action and shall, within thirty\n(30) working days of its action, demonstrate justification for the closing.\n(l) If a regional facility closes before an additional or new facility becomes\noperational, waste generated within the region may be shipped temporarily to any location\nagreed on by the commission until a regional facility is operational, provided that the\nregion's waste shall not be stored in a party state with a total volume of waste recorded on\nlow-level radioactive waste manifests for any year which is less than ten percent (10%) of\nthe total volume recorded on the manifests for the region during the same year. In\ndetermining the ten percent (10%) exclusion, there shall no t be included waste recorded\non low -level radioactive waste manifests by a person whose principal business is\nproviding a service by arranging for the collection, transportation, treatment, storage or\ndisposal of such waste, or waste described in Article VII(a)(6).\n(m) A party state which is designated as a host state by the commission and fails to\nfulfill its obligations as a host state may have its privileges under the compact suspended\nor membership in the compact revoked by the commission.\n(n) The host state shall create an \"Extended Care and Long -Term Liability Fund\"\nand shall allocate sufficient fee revenues, received pursuant to Article VI(i), to provide\nfor the costs of:\n(1) Decommissioning and other procedures required for the proper closure of a\nregional facility;\n(2) Monitoring, inspection and other procedures required for the proper extended\ncare of a regional facility;\n(3) Undertaking any corrective action or clean -up necessary to protect human\nhealth and the environment from radioactive releases from a regional facility;\n(4) Compensating any person for medical and other expenses incurred from\ndamages to human health, personal injuries suffered from damages to human health and\ndamages or losses to real or personal property, and accomplishing  any necessary\ncorrective action or clean -up on real or personal property caused by radioactive releases\nfrom a regional facility; the host state may allocate moneys in this fund in amounts as it\ndeems appropriate to purchase insurance or to make other sim ilar financial protection\narrangements consistent with the purposes of this fund; this Article VI(n) shall in no\nmanner limit the financial responsibilities of the site operator under Article VI(o), the\nparty states under Article VI(p), or any person who s ends waste to a regional facility,\nunder Article VI(q).\n(o) The operator of a regional facility shall purchase an amount of property and\nthird-party liability insurance deemed appropriate by the host state, pay the necessary\nperiodic premiums at all times  and make periodic payments to the Extended Care and\nLong-Term Liability Fund as set forth in Article VI(n) for such amounts as the host state\nreasonably determines is necessary to provide for future premiums to continue such\ninsurance coverage, in order to pay the costs of compensating any person for medical and\nother expenses incurred from damages to human health, personal injuries suffered from\ndamages to human health and damages or losses to real or personal property, and\naccomplishing any necessary cor rective action or clean -up on real or personal property\ncaused by radioactive releases from a regional facility. In the event of such costs resulting\nfrom radioactive releases from a regional facility, the host state should, to the maximum\nextent possible, seek to obtain moneys from such insurance prior to using moneys from\nthe Extended Care and Long-Term Liability Fund.\n(p) All party states shall be liable for the cost of extended care and long -term\nliability in excess of moneys available from the Extende d Care and Long -Term Liability\nFund, as set forth in Article VI(n) and from the property and third-party liability insurance\nas set forth in Article VI(o). A party state may meet such liability for costs by levying\nsurcharges upon generators located in the  party state. The extent of such liability shall be\nbased on the proportionate share of the total volume of waste placed in the regional\nfacility by generators located in each such party state. Such liability shall be joint and\nseveral among the party stat es with a right of contribution between the party states.\nHowever, this section shall not apply to a party state with a total volume of waste\nrecorded on low -level radioactive waste manifests for any year that is less than ten\npercent (10%) of the total vo lume recorded on such manifests for the region during the\nsame year.\n(q) Any person who sends waste from outside the region or waste described in\nArticle VII(a)(6) for treatment, storage, or disposal at a regional facility shall be liable for\nthe cost of extended care and long -term liability of that regional facility in excess of the\nmoneys available from the Extended Care and Long -Term Liability Fund as set forth in\nArticle VI(n) and from the property and third -party liability insurance as set forth in\nArticle VI(o). The extent of the liability for the person shall be based on the proportionate\nshare of the total volume of waste sent by that person to the regional facility.\nARTICLE VII\nOTHER LAWS AND REGULATIONS\n(a) Nothing in this compact:\n(1) Abrogates or limits the applicability of any Act of Congress or diminishes or\notherwise impairs the jurisdiction of any federal agency expressly conferred thereon by\nthe Congress;\n(2) Prevents the enforcement of any other law of a party state which is not\ninconsistent with this compact;\n(3) Prohibits any storage or treatment of waste by the generator on its own\npremises;\n(4) Affects any administrative or judicial proceeding pending on the effective date\nof this compact;\n(5) Alters the relations between the respe ctive internal responsibility of the\ngovernment of a party state and its subdivisions;\n(6) Establishes any right to the treatment, storage or disposal at any facility in the\nregion or provides any authority to prohibit export from the region of waste that  is owned\nor generated by the United States Department of Energy, owned or generated by the\nUnited States Navy as a result of the decommissioning of vessels of the United States\nNavy, or owned or generated as the result of any research, development, testin g, or\nproduction of any atomic weapon; or\n(7) Affects the rights and powers of any party state or its political subdivisions, to\nthe extent not inconsistent with this compact, to regulate and license any facility or the\ntransportation of waste within its borders or affects the rights and powers of any state or\nits political subdivisions to tax or impose fees on the waste managed at any facility within\nits borders;\n(8) Requires a party state to enter into any agreement with the United States\nNuclear Regulatory Commission; or\n(9) Alters or limits liability of transporters of waste and owners and operators of\nsites for their acts, omissions, conduct or relationships in accordance with applicable\nlaws.\n(b) For purposes of this compact, all state laws or part s of laws in conflict with\nthis compact are hereby superseded to the extent of the conflict.\n(c) No law, rule, regulation, fee or surcharge of a party state, or of any of its\nsubdivisions or instrumentalities, may be applied in a manner which discriminates against\nthe generators of another party state.\n(d) No person who provides a service by arranging for collection, transportation,\ntreatment, storage or disposal of waste from outside the region shall be allowed to dispose\nof any waste, regardless of orig in, in the region unless specifically permitted under an\nagreement entered into by the commission in accordance with the requirements of Article\nIII(i)(1).\nARTICLE VIII\nELIGIBLE PARTIES, WITHDRAWAL,\nREVOCATION, ENTRY INTO FORCE, TERMINATION\n(a) Eligible parties to this compact are the State of Illinois and Commonwealth of\nKentucky. Eligibility terminates on April 15, 1985.\n(b) An eligible state becomes a party state when the state enacts the compact into\nlaw and pays the membership fee required in Article III(k)(1).\n(c) The commission is formed upon the appointment of the commissioners and\nthe tender of the membership fee payable to the commission by the eligible states. The\ngovernor of Illinois shall convene the initial meeting of the commissio n. The commission\nshall cause legislation to be introduced in the Congress which grants the consent of the\nCongress to this compact, and shall take action necessary to organize the commission and\nimplement the provisions of this compact.\n(d) Other than th e special circumstances for withdrawal in section (f) of this\nArticle, either party state may withdraw from this compact at any time by repealing the\nauthorizing legislation, but no withdrawal may take effect until five years after the\ngovernor of the with drawing state gives notice in writing of the withdrawal to the\ncommission and to the governor of the other state. Withdrawal does not affect any\nliability already incurred by or chargeable to a party state prior to the time of such\nwithdrawal. Any host sta te which grants a disposal permit for waste generated in a\nwithdrawing state shall void the permit when the withdrawal of that state is effective.\n(e) This compact becomes effective July 1, 1984, or at any date subsequent to\nJuly 1, 1984, upon enactment b y the eligible states. However, Article IX(b) shall not take\neffect until the Congress has by law consented to this compact. The Congress shall have\nan opportunity to withdraw such consent every five years. Failure of the Congress\naffirmatively to withdraw its consent has the effect of renewing consent for an additional\nfive year period. The consent given to this compact by the Congress shall extend to the\npower of the region to ban the shipment of waste into the region pursuant to Article\nIII(i)(1) and to prohibit exportation of waste generated within the region under Article\nIII(i)(4).\n(f) A state which has been designated a host state may withdraw from the\ncompact. The option to withdraw must be exercised within ninety days of the date the\ngovernor of th e designated state receives written notice of the designation. Withdrawal\nbecomes effective immediately after notice is given in the following manner. The\ngovernor of the withdrawing state shall give notice in writing to the commission and to\nthe governor of each party state. A state which withdraws from the compact under this\nsection forfeits any funds already paid pursuant to this compact. A designated host state\nwhich withdraws from the compact after ninety days and prior to fulfilling its obligations\nshall be assessed a sum the commission determines to be necessary to cover the costs\nborne by the commission and remaining party states as a result of that withdrawal.\nARTICLE IX\nPENALTIES\n(a) Each party state shall prescribe and enforce penalties against a ny person who\nis not an official of another state for violation of any provision of this compact.\n(b) Unless authorized by the commission pursuant to Article III(i), or otherwise\nprovided in this compact, after January 1, 1986 it is a violation of this compact;\n(1) For any person to deposit at a facility in the region waste from outside the\nregion;\n(2) For any facility in the region to accept waste from outside the region;\n(3) For any person to export from the region waste that is generated within the\nregion; or\n(4) For any person to dispose of waste at a facility other than a regional facility;\n(5) For any person to deposit at a regional facility waste described in Article\nVII(a)(6); or\n(6) For any regional facility to accept waste described in Article VII(a)(6).\n(c) It is a violation of this compact for any person to treat or store waste at a\nfacility other than a regional facility if such treatment or storage is prohibited by the\ncommission under Article III(i)(6).\n(d) Each party state acknowledge s that the receipt by a host state of waste\npackaged or transported in violation of applicable laws, rules or regulations may result in\nthe imposition of sanctions by the host state which may include suspension or revocation\nof the violator's right of access to the facility in the host state.\n(e) Each party state has the right to seek legal recourse against any party state\nwhich acts in violation of this compact.\nARTICLE X\nSEVERABILITY AND CONSTRUCTION\nThe provisions of this compact shall be severable and if any phrase, clause, sentence\nor provision of this compact is declared by a court of competent jurisdiction to be\ncontrary to the Constitution of any participating state or the United States, or if the\napplicability thereof to any government, agency, pe rson or circumstance is held invalid,\nthe validity of the remainder of this compact and the applicability thereof to any\ngovernment, agency, person or circumstance shall not be affected thereby. If any\nprovision of this compact shall be held contrary to th e Constitution of any state\nparticipating therein, the compact shall remain in full force and effect as to the state\naffected as to all severable matters.","path":["KRS Chapter 211"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=8498","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:14Z","sha256":"15568d1b8d02b4b7271d21edbeaaed4e3c8f9bdb3b512b555bc4716762a5f48d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-211.858","next":"us-ky/krs-211.860"},"notice":"GroundRules: Original legal text. Not legal advice."}