[§339K-1]  Enactment of compact.  The

Northwest Interstate Compact on Low-Level Radioactive Waste Management is

hereby enacted into law and entered into by the State of Hawaii as a party, and

is in full force and effect between the State and any other state joining

therein in accordance with the terms of the compact, which compact is

substantially as follows:

 

ARTICLE I. 

POLICY AND PURPOSE

 

     The party states recognize that low-level

radioactive wastes are generated by essential activities and services that

benefit the citizens of the states.  It is further recognized that the

protection of the health and safety of the citizens of the party states and the

most economical management of low-level radioactive wastes can be accomplished

through cooperation of the states in minimizing the amount of handling and

transportation required to dispose of such wastes and through the cooperation

of the states in providing facilities that serve the region.  It is the policy

of the party states to undertake the necessary cooperation to protect the

health and safety of the citizens of the party states and to provide for the

most economical management of low-level radioactive wastes on a continuing

basis.  It is the purpose of this compact to provide the means for such a cooperative

effort among the party states so that the protection of the citizens of the

states and the maintenance of the viability of the states' economies will be

enhanced while sharing the responsibilities of low-level radioactive waste

management.

 

ARTICLE II. 

DEFINITIONS

 

     As used in this compact:

     (a)  "Facility" means any site,

location, structure, or property used or to be used for the storage, treatment,

or disposal of low-level waste, excluding federal waste facilities.

     (b)  "Low-level waste" means waste

material which contains radioactive-nuclides emitting primarily beta or gamma

radiation, or both, in concentrations or quantities which exceed applicable

federal or state standards for unrestricted release.  Low-level waste does not

include waste containing more than ten nanocuries of transuranic contaminants

per gram of material, nor spent reactor fuel, nor material classified as either

high-level waste or waste which is unsuited for disposal by near-surface burial

under any applicable federal regulations;

     (c)  "Generator" means any person,

partnership, association, corporation, or any other entity whatsoever, which,

as a part of its activities, produces low-level radioactive waste;

     (d)  "Host state" means a state in

which a facility is located.

 

ARTICLE III. 

REGULATORY PRACTICES

 

     Each party state hereby agrees to adopt

practices which will require low-level waste shipments originating within its

borders and destined for a facility within another party state to conform to

the applicable packaging and transportation requirements and regulations of the

host state.  Such practices shall include:

     (a)  Maintaining an inventory of all generators

within the state that have shipped or expect to ship low-level waste to

facilities in another party state;

     (b)  Periodic unannounced inspection of the

premises of such generators and the waste management activities thereon;

     (c)  Authorization of the containers in which

such waste may be shipped, and a requirement that generators use only that type

of container authorized by the state;

     (d)  Assurance that inspection of the carriers

which transport such waste are conducted by proper authorities, and appropriate

enforcement action taken for violations;

     (e)  After receiving notification from a host

state that a generator within the party state is in violation of applicable

packaging or transportation standards, the party state will take appropriate

action to assure that such violations do not recur.  Such action may include

inspection of every individual low-level waste shipment by that generator.

     Each party state may impose fees upon

generators and shippers to recover the cost of the inspections and other

practices under this article.  Nothing in this article shall be construed to

limit any party state's authority to impose additional or more stringent

standards on generators or carriers than those required under this article.

 

ARTICLE IV. 

REGIONAL FACILITIES

 

     (a)  Facilities located in any party state,

other than facilities established or maintained by individual low-level waste

generators for the management of their own low-level waste, shall accept

low-level waste generated in any party state if such waste has been packaged

and transported according to applicable laws and regulations.

     (b)  After July 1, 1983, no facility

located in any party state may accept low-level waste generated outside of the

region comprised of the party states, except as provided in article V.

     (c)  Until such time as paragraph (b) of

article IV takes effect, facilities located in any party state may accept

low-level waste generated outside of any of the party states only if such waste

is accompanied by a certificate of compliance issued by an official of the

state in which such waste shipment originated.  Such certificate shall be in such

form as may be required by the host state, and shall contain at least the

following:

     (1)  The generator's name and address;

     (2)  A description of the contents of the low-level

waste container;

     (3)  A statement that the low-level waste being

shipped has been inspected by the official who issued the certificate or by his

agent or by a representative of the United States nuclear regulatory

commission, and found to have been packaged in compliance with applicable

federal regulations and such additional requirements as may be imposed by the

host state;

     (4)  A binding agreement by the state of origin to

reimburse any party state for any liability or expense incurred as a result of

an accidental release of such waste during shipment or after such waste reaches

the facility.

     (d)  Each party state shall cooperate with the

other party states in determining the appropriate site of any facility that

might be required within the region comprised of the party states, in order to

maximize public health and safety while minimizing the use of any one party

state as the host of such facilities on a permanent basis.  Each party state

further agrees that decisions regarding low-level waste management facilities

in their region will be reached through a good faith process which takes into

account the burdens borne by each of the party states as well as the benefits

each has received.

     (e)  The party states recognize that the issue

of hazardous chemical waste management is similar in many respects to that of

low-level waste management.  Therefore, in consideration of the State of

Washington allowing access to its low-level waste disposal facility by

generators in other party states, party states such as Oregon and Idaho which

host hazardous chemical waste disposal facilities will allow access to such

facilities by generators within other party states.  Nothing in this compact

shall be construed to prevent any party state from limiting the nature and type

of hazardous chemical or low-level wastes to be accepted at facilities within its

borders or from ordering the closure of such facilities, so long as such action

by a host state is applied equally to all generators within the region

comprised of the party states.

     (f)  Any host state may establish a schedule of

fees and requirements related to its facility, to assure that closure,

perpetual care, and maintenance and contingency requirements are met, including

adequate bonding.

 

ARTICLE V. 

NORTHWEST LOW-LEVEL WASTE COMPACT COMMITTEE

 

     The governor of each party state shall

designate one official of that state as the person responsible for

administration of this compact.  The officials so designated shall together

comprise the Northwest low-level waste compact committee.  The committee shall

meet as required to consider matters arising under this compact.  The officials

shall inform the committee of existing regulations concerning low-level waste

management in their states, and shall afford all other officials a reasonable

opportunity to review and comment upon any proposed modification in such

regulations.  Notwithstanding any provision of article IV to the contrary, the

committee may enter into arrangements with states, provinces, individual

generators, or regional compact entities outside the region comprised of the

party states, for access to facilities on such terms and conditions as the

committee may deem appropriate.  However, it shall require a two-thirds vote of

all such members, including the affirmative vote of the member of any party

state in which a facility affected by such arrangement is located, for the

committee to enter into such arrangement.

 

ARTICLE VI. 

ELIGIBLE PARTIES AND EFFECTIVE DATE

 

     (a)  Each of the following states is eligible

to become a party to this compact:  Alaska, Hawaii, Idaho, Montana, Oregon,

Utah, Washington, and Wyoming.  As to any eligible party, this compact shall

become effective upon enactment into law by that party, but it shall not become

initially effective until enactment into law by two states.  Any party state

may withdraw from this compact by enacting a statute repealing its approval.

     (b)  After the compact has initially taken

effect pursuant to paragraph (a) of this article, any eligible party state may

become a party to this compact by the execution of an executive order by the

governor of the state.  Any state which becomes a party in this manner shall

cease to be a party upon the final adjournment of the next general or regular

session of its legislature or July 1, 1983, whichever, occurs first,

unless the compact has by then been enacted as a statute by that state.

     (c)  This compact shall take effect upon

consent by congress.  As provided in Public Law 96-573, congress may withdraw

its consent to the compact after every five year period.

 

ARTICLE VII. 

SEVERABILITY

 

     If any provision of this compact, or its

application to any person or circumstance, is held to be invalid, all other

provisions of this compact, and the application of all of its provisions to all

other persons and circumstances, shall remain valid; and to this end the provisions

of this compact are severable. [L 1982, c 234, pt of §1]