{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-8-102","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-8-102","heading":"Central Interstate Low-Level Radioactive Waste","body":"Compact - Enactment.\n\nThe Central Interstate Low-Level Radioactive Waste Compact is\n\nhereby enacted into law and entered into by the State of Oklahoma\n\nwith all other states legally joining therein in accordance with its\n\nterms, in the form substantially as follows:\n\nARTICLE I. POLICY AND PURPOSE\n\nThe party states recognize that each state is responsible for\n\nthe management of its nonfederal low-level radioactive wastes. They\n\nalso recognize that the Congress, by enacting the Low-Level\n\nRadioactive Waste Policy Act, 42 U.S.C., Sections 2121b to 2121d,\n\nhas authorized and encouraged states to enter into compacts for the\n\nefficient management of wastes. It is the policy of the party\n\nstates to cooperate in the protection of the health, safety and\n\nwelfare of their citizens and the environment and to provide for and\n\nencourage the economical management of low-level radioactive wastes.\n\nIt is the purpose of this compact to provide the framework for such\n\na cooperative effort; to promote the health, safety and welfare of\n\nthe citizens and the environment of the region; to limit the number\n\nof facilities needed to effectively and efficiently manage low-level\n\nradioactive wastes and to encourage the reduction of the generation\n\nthereof; and to distribute the costs, benefits and obligations among\n\nthe party states. It is the policy of the party states that\n\nactivities conducted by the Commission are the formation of public\n\npolicies and are therefore public business.\n\nARTICLE II. DEFINITIONS\n\nAs used in this compact, unless the context clearly requires a\n\ndifferent construction:\n\nA. \"Commission\" means the Central Interstate Low-Level\n\nRadioactive Waste Compact Commission;\n\nB. \"Decommissioning\" means the measure taken at the end of a\n\nfacility's operating life to assure the continued protection of the\n\npublic from any residual radioactivity or other potential hazards\n\npresent at the facility;\n\nC. \"Disposal\" means the isolation and final disposition of\n\nwaste;\n\nD. \"Extended care\" means the continued observation of a\n\nfacility after closure for the purpose of detecting a need for\n\nmaintenance, ensuring environmental safety, and determining\n\ncompliance with applicable licensure and regulatory requirements and\n\nincludes undertaking any action or cleanup necessary to protect\n\npublic health and the environment;\n\nE. \"Facility\" means any site, location, structure or property\n\nused or to be used for the management of waste;\n\nF. \"Generator\" means any person who, in the course of or as an\n\nincident to manufacturing, power generation, processing, medical\n\ndiagnosis and treatment, biomedical research, other industrial or\n\ncommercial activity, other research or mining in a party state,\n\nproduces or processes waste. \"Generator\" does not include any\n\nperson who receives waste generated outside the region for\n\nsubsequent shipment to a regional facility;\n\nG. \"Host state\" means any party state in which a regional\n\nfacility is situated or is being developed;\n\nH. \"Institutional control\" means those activities carried out\n\nby the host state to physically control access to the disposal site\n\nfollowing transfer of the license to the owner of the disposal site.\n\nThese activities include, but are not limited to, environmental\n\nmonitoring, periodic surveillance, minor custodial care, and other\n\nnecessary activities at the site as determined by the host state and\n\nadministration of funds to cover the costs of these activities. The\n\nperiod of institutional control will be determined by the host state\n\nbut may not be less than one hundred (100) years following transfer\n\nof the license to the owner of the disposal site;\n\nI. \"Low-level radioactive waste\" or \"waste\" means, as defined\n\nin the Low-Level Radioactive Waste Policy Act (Public Law 96-573),\n\nradioactive waste not classified as: High-level radioactive waste,\n\ntransuranic waste, spent nuclear fuel, or byproduct material as\ny the host state\n\nbut may not be less than one hundred (100) years following transfer\n\nof the license to the owner of the disposal site;\n\nI. \"Low-level radioactive waste\" or \"waste\" means, as defined\n\nin the Low-Level Radioactive Waste Policy Act (Public Law 96-573),\n\nradioactive waste not classified as: High-level radioactive waste,\n\ntransuranic waste, spent nuclear fuel, or byproduct material as\n\ndefined in Section 11 e.2 of the Atomic Energy Act of 1954, U.S.C.\n\nSection 2014, as amended through 1978;\n\nJ. \"Management of waste\" means the storage, treatment or\n\ndisposal of waste;\n\nK. \"Notification of each party state\" means transmittal of\n\nwritten notice to the Governor, presiding officer of each\n\nlegislative body and any other persons designated by the party\n\nstate's Commission member to receive such notice;\n\nL. \"Party state\" means any state which is a signatory party to\n\nthis compact;\n\nM. \"Person\" means any individual, corporation, business\n\nenterprise or other legal entity, either public or private;\n\nN. \"Region\" means the area of the party states;\n\nO. \"Regional facility\" means a facility which is located within\n\nthe region and which has been approved by the Commission for the\n\nbenefit of the party states;\n\nP. \"Site\" means any property which is owned or leased by a\n\ngenerator and is contiguous to or divided only by a public or\n\nprivate way from the source of generation;\n\nQ. \"State\" means a state of the United States, the District of\n\nColumbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands\n\nor any other territorial possession of the United States;\n\nR. \"Storage\" means the holding of waste for treatment or\n\ndisposal; and\n\nS. \"Treatment\" means any method, technique or process,\n\nincluding storage for radioactive decay, designed to change the\n\nphysical, chemical or biological characteristics or composition of\n\nany waste in order to render such waste safer for transport or\n\nmanagement, amenable for recovery, convertible to another usable\n\nmaterial or reduced in volume.\n\nARTICLE III. RIGHTS AND OBLIGATIONS\n\nA. There shall be provided within the region one or more\n\nregional facilities which together provide sufficient capacity to\n\nmanage all wastes generated within the region. It shall be the duty\n\nof regional facilities to accept compatible wastes generated in and\n\nfrom party states, and meeting the requirements of the Central\n\nInterstate Low-level Radioactive Waste Compact, and each party state\n\nshall have the right to have the wastes generated within its borders\n\nmanaged at such facility.\n\nB. To the extent authorized by federal law and host state law,\n\na host state shall regulate and license any regional facility within\n\nits borders and ensure the extended care of such facility.\n\nC. Rates shall be charged to any user of the regional facility,\n\nset by the operator of a regional facility and shall be fair and\n\nreasonable and be subject to the approval of the host state. Such\n\napproval shall be based upon criteria established by the Commission.\n\nD. A host state may establish fees which shall be charged to\n\nany user of a regional facility and which shall be in addition to\n\nthe rates approved pursuant to subsection C of Article III of the\n\ncompact, for any regional facility within its borders. Any fees\n\nproposed by the host state shall be subject to a one hundred twenty-\n\nday prior notice to the Commission with an opportunity to provide\n\ncomments to the host state. Such fees shall be fair and reasonable,\n\nand shall provide the host state with sufficient revenue to cover\n\nall anticipated present and future costs associated with any\n\nregional facility and a reasonable reserve for future contingencies\n\nwhich are not covered by rates established in subsection C of\n\nArticle III of the compact including, but not limited to:\n\n1. The licensure, operation, monitoring, inspection,\n\nmaintenance, decommissioning, closure, institutional control, and\nufficient revenue to cover\n\nall anticipated present and future costs associated with any\n\nregional facility and a reasonable reserve for future contingencies\n\nwhich are not covered by rates established in subsection C of\n\nArticle III of the compact including, but not limited to:\n\n1. The licensure, operation, monitoring, inspection,\n\nmaintenance, decommissioning, closure, institutional control, and\n\nextended care of a regional facility;\n\n2. Response, removal, or remedial action or cleanup deemed\n\nappropriate and required by the host state as a result of a release\n\nof radioactive or hazardous materials from such regional facility;\n\n3. Premiums for property and third party liability insurance;\n\n4. Protection of the public health and safety and the\n\nenvironment;\n\n5. Compensation and incentives to the host community;\n\n6. Any amount due from a judgment or settlement involving a\n\nproperty or third party liability claim for medical expenses and all\n\nother damages incurred as a result of personal injury or death and\n\ndamages or losses to real or personal property or the environment;\n\nand\n\n7. The cost of defending or pursuing liability claims against\n\nany party or state.\n\nThe fees established pursuant to subsection D of Article III of\n\nthe compact may include incentives for source and volume reduction\n\nand may be based on the hazard of the waste. Notwithstanding\n\nanything to the contrary in the compact, or in any state\n\nconstitution, statute, or regulation, to the extent that such fees\n\nare insufficient to pay for any costs associated with a regional\n\nfacility, including all costs under subsection D of Article III of\n\nthe compact, all party states and any other state or states whose\n\ngenerators use the regional facility, shall share liability for all\n\nsuch costs. However, there shall be no recovery from the states\n\nunder subsection D of this article until all available funds,\n\npayments, or in-kind services have been exhausted including:\n\na. designated low-level radioactive waste funds managed\n\nby the host state,\n\nb. payable proceeds of insurance or surety policies\n\napplicable to a regional facility,\n\nc. proceeds of reasonable collection efforts against the\n\nregional facility operator or operators, and\n\nd. payments from in-kind services by generators.\n\nIn the event any regional facility operator files or has filed\n\nagainst it a bankruptcy proceeding, then for purposes of determining\n\nwhether or not reasonable collection efforts have been undertaken,\n\nthe filing of such proceedings, if not dismissed within sixty (60)\n\ndays of filing, shall be considered exhaustion of reasonable\n\ncollection efforts with respect to such party. Recovery from the\n\nstates under subsection D of Article III of the compact upon\n\nsatisfaction of the exhaustion of available funds, payments, or in-\n\nkind services shall not preclude any state from further recovery of\n\nits costs from a facility operator, insurer or generator. During\n\nthe period of time that such reasonable collection efforts or\n\nexhaustion of available funds, payments, or in-kind services occur,\n\nany applicable statutes of limitation with respect to claims against\n\nany other parties or states will be deemed tolled and will not run.\n\nAll costs or liabilities shared by a state will be shared\n\nproportionately by comparing the volume of the waste received at a\n\nregional facility from the generators of each state with the total\n\nvolume of the waste received at a regional facility from all\n\ngenerators.\n\nE. To the extent authorized by federal law, each party state is\n\nresponsible for enforcing any applicable federal and state laws and\n\nregulations pertaining to the packaging and transportation of waste\n\ngenerated within or passing through its borders and shall adopt\n\npractices that will ensure that waste shipments originating within\nextent authorized by federal law, each party state is\n\nresponsible for enforcing any applicable federal and state laws and\n\nregulations pertaining to the packaging and transportation of waste\n\ngenerated within or passing through its borders and shall adopt\n\npractices that will ensure that waste shipments originating within\n\nits borders and destined for a regional facility will conform to\n\napplicable packaging and transportation laws and regulations.\n\nF. Each party state has the right to rely on the good faith\n\nperformance of each other party state.\n\nG. Unless authorized by the Commission, it shall be unlawful\n\nafter January 1, 1986, for any person:\n\n1. To deposit at a regional facility, waste not generated\n\nwithin the region;\n\n2. To accept, at a regional facility, waste not generated\n\nwithin the region;\n\n3. To export from the region, waste which is generated within\n\nthe region; and\n\n4. To transport waste from the site at which it is generated\n\nexcept to a regional facility.\n\nARTICLE IV. THE COMMISSION\n\nA. There is hereby established the Central Interstate Low-Level\n\nRadioactive Waste Compact Commission. The Commission shall consist\n\nof one voting member from each party state, except that each host\n\nstate shall have two at-large voting members and one nonvoting\n\nmember from the county in which the facility is located. All\n\nmembers shall be appointed according to the laws of each state. The\n\nappointing authority of each party state shall notify the Commission\n\nin writing of the identity of its member and any alternates. An\n\nalternate may act on behalf of the member only in the absence of\n\nsuch member. Each state is responsible for the expenses of its\n\nmember of the Commission.\n\nB. Except for the nonvoting member, each Commission member\n\nshall be entitled to one vote. Unless otherwise provided herein, no\n\naction of the Commission shall be binding unless a majority of the\n\ntotal membership casts its vote in the affirmative.\n\nC. The Commission shall elect from among its membership a\n\nchairman. The Commission shall adopt and publish, in convenient\n\nform, bylaws and policies which are not inconsistent with this\n\ncompact.\n\nD. The Commission shall meet at least once a year and shall\n\nalso meet upon the call of the chairman, by petition of a majority\n\nof the membership or upon the call of a host state member. All\n\nmeetings of the Commission shall be open to the public with\n\nreasonable advance publicized notice given, and such meetings shall\n\nbe subject to those exceptions provided for within the open meetings\n\nlaws of the host state. The Commission shall adopt bylaws that are\n\nconsistent in scope and principle with the open meetings laws of the\n\nhost state, or if there is no host state, the open meetings law of\n\nthe state in which the Commission headquarters is located.\n\nE. The Commission may initiate any proceedings or appear as an\n\nintervenor or party in interest before any court of law, or any\n\nfederal, state or local agency, board or commission that has\n\njurisdiction over any matter arising under or relating to the terms\n\nand provisions of this compact. The Commission shall determine in\n\nwhich proceedings it shall intervene or otherwise appear and may\n\narrange for such expert testimony, reports, evidence or other\n\nparticipation in such proceedings as may be necessary to represent\n\nits views.\n\nF. The Commission may establish such committees as it deems\n\nnecessary for the purpose of advising the Commission on any and all\n\nmatters pertaining to the management of waste.\n\nG. The Commission may employ and compensate a staff limited\n\nonly to those persons necessary to carry out its duties and\n\nfunctions. The Commission may also contract with and designate any\n\nperson to perform necessary functions to assist the Commission.\nsuch committees as it deems\n\nnecessary for the purpose of advising the Commission on any and all\n\nmatters pertaining to the management of waste.\n\nG. The Commission may employ and compensate a staff limited\n\nonly to those persons necessary to carry out its duties and\n\nfunctions. The Commission may also contract with and designate any\n\nperson to perform necessary functions to assist the Commission.\n\nUnless otherwise required by acceptance of a federal grant the staff\n\nshall serve at the Commission's pleasure irrespective of the civil\n\nservice, personnel or other merit laws of any of the party states or\n\nthe federal government and shall be compensated from funds of the\n\nCommission.\n\nH. Funding for the Commission shall be as follows:\n\n1. The Commission shall set and approve its first annual budget\n\nas soon as practicable after its initial meeting. Party states\n\nshall equally contribute to the Commission budget on an annual\n\nbasis, an amount not to exceed Twenty-five Thousand Dollars\n\n($25,000.00) until surcharges are available for that purpose. Host\n\nstates shall begin imposition of the surcharges provided for in this\n\nsubsection as soon as practicable and shall remit to the Commission\n\nfunds resulting from collection of such surcharges within sixty (60)\n\ndays of their receipt; and\n\n2. Each state hosting a regional facility shall annually levy\n\nsurcharges on all users of such facilities, based on the volume and\n\ncharacteristics of wastes received at such facilities, the total of\n\nwhich:\n\na. shall be sufficient to cover the annual budget of the\n\nCommission, and\n\nb. shall be paid to the Commission, provided, however,\n\nthat each host state collecting such surcharges may\n\nretain a portion of the collection sufficient to cover\n\nthe administrative costs of collection, and that the\n\nremainder be sufficient only to cover the approved\n\nannual budget of the Commission.\n\nI. The Commission shall keep accurate accounts of all receipts\n\nand disbursements. A licensed public accountant or a certified\n\npublic accountant shall annually audit all receipts and\n\ndisbursements of Commission funds and submit an audit report to the\n\nCommission. Such audit report shall be made a part of the annual\n\nreport of the Commission required by Article IV of the compact.\n\nJ. The Commission may accept for any of its purposes and\n\nfunctions any and all donations, grants of money, equipment,\n\nsupplies, materials and services, conditional or otherwise from any\n\nperson and may receive, utilize and dispose of same. The nature,\n\namount and conditions, if any, attendant upon any donation or grant\n\naccepted pursuant to this subsection, together with the identity of\n\nthe donor, grantor or lender, shall be detailed in the annual report\n\nof the Commission.\n\nK. 1. Except as otherwise provided herein, nothing in this\n\ncompact shall be construed to alter the incidence of liability of\n\nany kind for any act, omission, course of conduct, or on account of\n\nany causal or other relationships. Generators, transporters of\n\nwaste, owners and operators of facilities shall be liable for their\n\nacts, omissions, conduct or relationships in accordance with all\n\nlaws relating thereto; and\n\n2. The Commission herein established is a legal entity separate\n\nand distinct from the party states and shall be so liable for its\n\nactions. Liabilities of the Commission shall not be deemed\n\nliabilities of the party states. Members of the Commission shall\n\nnot be personally liable for actions taken by them in their official\n\ncapacity.\n\nL. Any person or party state aggrieved by a final decision of\n\nthe Commission may obtain judicial review of such decisions in the\n\nUnited States District Court in the district wherein the Commission\n\nmaintains its headquarters by filing in such court a petition for\n\nreview within sixty (60) days after the Commission's final decision.\n\nProceedings thereafter shall be in accordance with the rules of\nL. Any person or party state aggrieved by a final decision of\n\nthe Commission may obtain judicial review of such decisions in the\n\nUnited States District Court in the district wherein the Commission\n\nmaintains its headquarters by filing in such court a petition for\n\nreview within sixty (60) days after the Commission's final decision.\n\nProceedings thereafter shall be in accordance with the rules of\n\nprocedure applicable in such court.\n\nM. The Commission shall:\n\n1. Receive and approve the application of a nonparty state to\n\nbecome a party state in accordance with Article VII of the compact;\n\n2. Submit an annual report to, and otherwise communicate with,\n\nthe Governors and the presiding officers of the legislative bodies\n\nof the party states regarding the activities of the Commission;\n\n3. Hear and negotiate disputes which may arise between the\n\nparty states regarding this compact;\n\n4. Require of and obtain from the party states, and nonparty\n\nstates seeking to become party states, data and information\n\nnecessary to the implementation of Commission and party states'\n\nresponsibilities;\n\n5. Approve the development and operation of regional facilities\n\nin accordance with Article V of the compact;\n\n6. Notwithstanding any other provision of this compact, have\n\nthe authority to enter into agreements with any person for the\n\nimportation of waste into the region and for the right of access to\n\nfacilities outside the region for waste generated within the region.\n\nSuch authorization to import or export waste requires the approval\n\nof the Commission, including the affirmative vote of any host state\n\nwhich may be affected;\n\n7. Revoke the membership of a party state in accordance with\n\nArticles V and VII of the compact;\n\n8. Require all party states and other persons to perform their\n\nduties and obligations arising under this compact by an appropriate\n\naction in any forum designated in subsection E of Article IV of the\n\ncompact; and\n\n9. Take such other action as may be necessary to perform its\n\nduties and functions as provided in this compact.\n\nN. All files, records, and data of the Commission shall be open\n\nto reasonable public inspection, regardless of physical form,\n\nsubject to those exceptions listed within the public records laws of\n\nthe host state. The Commission shall adopt bylaws relating to the\n\navailability of files, records, and data of the Commission that are\n\nconsistent in scope and principle with the public records laws of\n\nthe host state, or if there is no host state, the public records\n\nlaws of the state in which the Commission headquarters is located.\n\nO. All decisions of the Commission regarding public meetings\n\nand public records issues shall be reviewable solely in a United\n\nStates District Court of a host state, or if there is no host state,\n\nthen in the state in which the Commission headquarters is located.\n\nARTICLE V. DEVELOPMENT AND OPERATION OF REGIONAL FACILITIES\n\nA. Following the collection of sufficient data and information\n\nfrom the states, the Commission shall allow each party state the\n\nopportunity to volunteer as a host for a regional facility.\n\nB. If no state volunteers or if no proposal identified by a\n\nvolunteer state is deemed acceptable by the Commission, based on the\n\ncriteria in subsection C of Article V of the compact, then the\n\nCommission shall publicly seek applicants for the development and\n\noperation of regional facilities.\n\nC. The Commission shall review and consider each applicant's\n\nproposal based upon the following criteria:\n\n1. The capability of the applicant to obtain a license from the\n\napplicable authority;\n\n2. The economic efficiency of each proposed regional facility,\n\nincluding the total estimated disposal and treatment costs per cubic\n\nfoot of waste;\n\n3. Financial assurances;\n\n4. Accessibility to all party states; and\n\n5. Such other criteria as shall be determined by the Commission\nupon the following criteria:\n\n1. The capability of the applicant to obtain a license from the\n\napplicable authority;\n\n2. The economic efficiency of each proposed regional facility,\n\nincluding the total estimated disposal and treatment costs per cubic\n\nfoot of waste;\n\n3. Financial assurances;\n\n4. Accessibility to all party states; and\n\n5. Such other criteria as shall be determined by the Commission\n\nto be necessary for the selection of the best proposal, based on the\n\nhealth, safety and welfare of the citizens in the region and the\n\nparty states.\n\nD. The Commission shall make a preliminary selection of the\n\nproposal or proposals considered most likely to meet the criteria\n\nenumerated in subsection C of Article V of the compact and the needs\n\nof the region.\n\nE. Following notification of each party state of the results of\n\nthe preliminary selection process, the Commission shall:\n\n1. Authorize any person whose proposal has been selected to\n\npursue licensure of the regional facility or facilities in\n\naccordance with the proposal originally submitted to the Commission\n\nor as modified with the approval of the Commission; and\n\n2. Require the appropriate state or states or the U.S. Nuclear\n\nRegulatory Commission to process all applications for permits and\n\nlicenses required for the development and operation of any regional\n\nfacility or facilities within a reasonable period from the time that\n\na completed application is submitted.\n\nF. The preliminary selection or selections made by the\n\nCommission pursuant to Article V of the compact shall become final\n\nand receive the Commission's approval as a regional facility upon\n\nthe issuance of a license by the licensing authority. If a proposed\n\nregional facility fails to become licensed, the Commission shall\n\nmake another selection pursuant to the procedures identified in\n\nArticle V of the compact.\n\nG. The Commission may by a two-thirds affirmative vote of its\n\nmembership, revoke the membership of any party state which, after\n\nnotice and hearing shall be found to have arbitrarily or\n\ncapriciously denied or delayed the issuance of a license or permit\n\nto any person authorized by the Commission to apply for such license\n\nor permit. Revocation shall be in the same manner as provided for\n\nin subsection E of Article VII of the compact.\n\nARTICLE VI. OTHER LAWS AND REGULATIONS\n\nA. Nothing in this compact shall be construed to:\n\n1. Abrogate or limit the applicability of any act of Congress\n\nor diminish or otherwise impair the jurisdiction of any federal\n\nagency expressly conferred thereon by the Congress;\n\n2. Prevent the application of any law which is not otherwise\n\ninconsistent with this compact;\n\n3. Prohibit or otherwise restrict the management of waste on\n\nthe site where it is generated if such is otherwise lawful;\n\n4. Affect any judicial or administrative proceeding pending on\n\nthe effective date of this compact;\n\n5. Alter the relations between, and the respective internal\n\nresponsibilities of, the government of a party state and its\n\nsubdivisions; and\n\n6. Affect the generation or management of waste generated by\n\nthe federal government or federal research and development\n\nactivities.\n\nB. No party state shall pass or enforce any law or regulation\n\nwhich is inconsistent with this compact.\n\nC. All laws and regulations or parts thereof of any party state\n\nwhich are inconsistent with this compact are hereby declared null\n\nand void for purposes of this compact. Any legal right, obligation,\n\nviolation or penalty arising under such laws or regulations prior to\n\nenactment of this compact shall not be affected.\n\nD. No law or regulation of a party state or of any subdivision\n\nor instrumentality thereof may be applied so as to restrict or make\n\nmore costly or inconvenient access to any regional facility by the\nlared null\n\nand void for purposes of this compact. Any legal right, obligation,\n\nviolation or penalty arising under such laws or regulations prior to\n\nenactment of this compact shall not be affected.\n\nD. No law or regulation of a party state or of any subdivision\n\nor instrumentality thereof may be applied so as to restrict or make\n\nmore costly or inconvenient access to any regional facility by the\n\ngenerators of another party state than for the generators of the\n\nstate where the facility is situated.\n\nARTICLE VII. ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION,\n\nENTRY INTO FORCE, TERMINATION\n\nA. This compact shall have as initially eligible parties the\n\nstates of Arkansas, Iowa, Kansas, Louisiana, Minnesota, Missouri,\n\nNebraska, North Dakota, Oklahoma and South Dakota.\n\nB. Any state may petition the Commission for eligibility. A\n\npetitioning state shall become eligible for membership in the\n\ncompact upon the unanimous approval of the Commission.\n\nC. An eligible state shall become a member of the compact and\n\nshall be bound by it after such state has enacted the compact into\n\nlaw. In no event shall the compact take effect in any state until\n\nit has been entered into force as provided for in subsection F of\n\nArticle VII of the compact.\n\nD. Any party state may withdraw from this compact by enacting a\n\nstatute repealing the same. Unless permitted earlier by unanimous\n\napproval of the Commission, such withdrawal shall take effect five\n\n(5) years after the Governor of the withdrawing state has given\n\nnotice in writing of such withdrawal to each Governor of the party\n\nstates. No withdrawal shall affect any liability already incurred\n\nby or chargeable to a party state prior to the time of such\n\nwithdrawal.\n\nE. Any party state which fails to comply with the terms of this\n\ncompact or fulfill its obligations hereunder may, after notice and\n\nhearing, have its privileges suspended or its membership in the\n\ncompact revoked by the Commission. Revocation shall take effect one\n\n(1) year from the date such party state receives written notice from\n\nthe Commission of its action. The Commission may require such party\n\nstate to pay to the Commission, for a period not to exceed five (5)\n\nyears from the date of notice of revocation, an amount determined by\n\nthe Commission based on the anticipated fees which the generators of\n\nsuch party state would have paid to each regional facility and an\n\namount equal to that which such party state would have contributed\n\nin accordance with subsection D of Article III of the compact, in\n\nthe event of insufficient revenues. The Commission shall use such\n\nfunds to ensure the continued availability of safe and economical\n\nwaste management facilities for all remaining party states. Such\n\nstate shall also pay an amount equal to that which such party state\n\nwould have contributed to the annual budget of the Commission if\n\nsuch party state would have remained a member of the compact. All\n\nlegal rights established under this compact of any party state which\n\nhas its membership revoked shall cease upon the effective date of\n\nrevocation; however, any legal obligations of such party state\n\narising prior to the effective date of revocation shall not cease\n\nuntil they have been fulfilled. Written notice of revocation of any\n\nstate's membership in the compact shall be transmitted immediately\n\nfollowing the vote of the Commission, by the chairman, to the\n\nGovernor of the affected party state, all other Governors of the\n\nparty states and the Congress of the United States.\n\nF. This compact shall become effective after enactment by at\n\nleast three eligible states and after consent has been given to it\n\nby the Congress. The Congress shall have the opportunity to\n\nwithdraw such consent every five (5) years. Failure of the Congress\n\nto withdraw its consent affirmatively shall have the effect of\n\nrenewing consent for an additional five-year period. The consent\ned States.\n\nF. This compact shall become effective after enactment by at\n\nleast three eligible states and after consent has been given to it\n\nby the Congress. The Congress shall have the opportunity to\n\nwithdraw such consent every five (5) years. Failure of the Congress\n\nto withdraw its consent affirmatively shall have the effect of\n\nrenewing consent for an additional five-year period. The consent\n\ngiven to this compact by the Congress shall extend to any future\n\nadmittance of new party states under subsections B and C of Article\n\nVII of the compact and to the power to ban the exportation of waste\n\npursuant to Article III of the compact.\n\nG. The withdrawal of a party state from this compact under\n\nsubsection D of Article VII of the compact or the revocation of a\n\nstate's membership in this compact under subsection E of Article VII\n\nof the compact shall not affect the applicability of this compact to\n\nthe remaining party states.\n\nH. This compact shall be terminated when all party states have\n\nwithdrawn pursuant to subsection D of Article VII of the compact.\n\nARTICLE VIII. PENALTIES\n\nA. Each party state, consistent with its own law, shall\n\nprescribe and enforce penalties against any person for violation of\n\nany provision of this compact.\n\nB. Each party state acknowledges that the receipt by a regional\n\nfacility of waste packaged or transported in violation of applicable\n\nlaws and regulations can result in sanctions which may include\n\nsuspension or revocation of the violator's right of access to the\n\nregional facility.\n\nARTICLE IX. SEVERABILITY AND CONSTRUCTION\n\nThe provisions of this compact shall be severable and if any\n\nphrase, clause, sentence or provision of this compact is declared by\n\na court of competent jurisdiction to be contrary to the Constitution\n\nof any participating state or of the United States or the\n\napplicability thereof to any government, agency, person or\n\ncircumstance is held invalid, the validity of the remainder of this\n\ncompact and the applicability thereof to any government, agency,\n\nperson or circumstance shall not be affected thereby. If any\n\nprovision of this compact shall be held contrary to the Constitution\n\nof any state participating therein, the compact shall remain in full\n\nforce and effect as to the state affected as to all severable\n\nmatters. The provisions of this compact shall be liberally\n\nconstrued to give effect to the purpose thereof.","path":["OK Code","Title 27A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os27A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"8f875658bbba875b514f119a43de0c3556f83f5b4e03f49612fa5009415694f8","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-8-101","next":"us-ok/okla.-stat.-tit.-27a-27a-2-8-103"},"notice":"GroundRules: Original legal text. Not legal advice."}