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OKLAHOMA
§27A-2-8-102.
The Central Interstate Low-Level Radioactive Waste Compact is
hereby enacted into law and entered into by the State of Oklahoma
with all other states legally joining therein in accordance with its
terms, in the form substantially as follows:
ARTICLE I. POLICY AND PURPOSE
The party states recognize that each state is responsible for the
management of its nonfederal low-level radioactive wastes. They also
recognize that the Congress, by enacting the Low-Level Radioactive
Waste Policy Act, 42 U.S.C., Sections 2121b to 2121d, has authorized
and encouraged states to enter into compacts for the efficient
management of wastes. It is the policy of the party states to
cooperate in the protection of the health, safety and welfare of
their citizens and the environment and to provide for and encourage
the economical management of low-level radioactive wastes. It is the
purpose of this compact to provide the framework for such a
cooperative effort; to promote the health, safety and welfare of the
citizens and the environment of the region; to limit the number of
facilities needed to effectively and efficiently manage low-level
radioactive wastes and to encourage the reduction of the generation
thereof; and to distribute the costs, benefits and obligations among
the party states. It is the policy of the party states that
activities conducted by the Commission are the formation of public
policies and are therefore public business.
ARTICLE II. DEFINITIONS
As used in this compact, unless the context clearly requires a
different construction:
A. "Commission" means the Central Interstate Low-Level
Radioactive Waste Compact Commission;
B. "Decommissioning" means the measure taken at the end of a
facility's operating life to assure the continued protection of the
public from any residual radioactivity or other potential hazards
present at the facility;
C. "Disposal" means the isolation and final disposition of
waste;
D. "Extended care" means the continued observation of a facility
after closure for the purpose of detecting a need for maintenance,
ensuring environmental safety, and determining compliance with
applicable licensure and regulatory requirements and includes
undertaking any action or cleanup necessary to protect public health
and the environment;
E. "Facility" means any site, location, structure or property
used or to be used for the management of waste;
F. "Generator" means any person who, in the course of or as an
incident to manufacturing, power generation, processing, medical
diagnosis and treatment, biomedical research, other industrial or
commercial activity, other research or mining in a party state,
produces or processes waste. "Generator" does not include any person
who receives waste generated outside the region for subsequent
shipment to a regional facility;
G. "Host state" means any party state in which a regional
facility is situated or is being developed;
H. "Institutional control" means those activities carried out by
the host state to physically control access to the disposal site
following transfer of the license to the owner of the disposal site.
These activities include, but are not limited to, environmental
monitoring, periodic surveillance, minor custodial care, and other
necessary activities at the site as determined by the host state and
administration of funds to cover the costs of these activities. The
period of institutional control will be determined by the host state
but may not be less than one hundred (100) years following transfer
of the license to the owner of the disposal site;
I. "Low-level radioactive waste" or "waste" means, as defined in
the Low-Level Radioactive Waste Policy Act (Public Law 96-573),
radioactive waste not classified as: High-level radioactive waste,
transuranic waste, spent nuclear fuel, or byproduct material as
defined in Section 11 e.2 of the Atomic Energy Act of 1954, U.S.C.
Section 2014, as amended through 1978;
J. "Management of waste" means the storage, treatment or
disposal of waste;
K. "Notification of each party state" means transmittal of
written notice to the Governor, presiding officer of each legislative
body and any other persons designated by the party state's Commission
member to receive such notice;
L. "Party state" means any state which is a signatory party to
this compact;
M. "Person" means any individual, corporation, business
enterprise or other legal entity, either public or private;
N. "Region" means the area of the party states;
O. "Regional facility" means a facility which is located within
the region and which has been approved by the Commission for the
benefit of the party states;
P. "Site" means any property which is owned or leased by a
generator and is contiguous to or divided only by a public or private
way from the source of generation;
Q. "State" means a state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands or
any other territorial possession of the United States;
R. "Storage" means the holding of waste for treatment or
disposal; and
S. "Treatment" means any method, technique or process, including
storage for radioactive decay, designed to change the physical,
chemical or biological characteristics or composition of any waste in
order to render such waste safer for transport or management,
amenable for recovery, convertible to another usable material or
reduced in volume.
ARTICLE III. RIGHTS AND OBLIGATIONS
A. There shall be provided within the region one or more
regional facilities which together provide sufficient capacity to
manage all wastes generated within the region. It shall be the duty
of regional facilities to accept compatible wastes generated in and
from party states, and meeting the requirements of the Central
Interstate Low-level Radioactive Waste Compact, and each party state
shall have the right to have the wastes generated within its borders
managed at such facility.
B. To the extent authorized by federal law and host state law, a
host state shall regulate and license any regional facility within
its borders and ensure the extended care of such facility.
C. Rates shall be charged to any user of the regional facility,
set by the operator of a regional facility and shall be fair and
reasonable and be subject to the approval of the host state. Such
approval shall be based upon criteria established by the Commission.
D. A host state may establish fees which shall be charged to any
user of a regional facility and which shall be in addition to the
rates approved pursuant to subsection C of Article III of the
compact, for any regional facility within its borders. Any fees
proposed by the host state shall be subject to a one hundred twenty-
day prior notice to the Commission with an opportunity to provide
comments to the host state. Such fees shall be fair and reasonable,
and shall provide the host state with sufficient revenue to cover all
anticipated present and future costs associated with any regional
facility and a reasonable reserve for future contingencies which are
not covered by rates established in subsection C of Article III of
the compact including, but not limited to:
1. The licensure, operation, monitoring, inspection,
maintenance, decommissioning, closure, institutional control, and
extended care of a regional facility;
2. Response, removal, or remedial action or cleanup deemed
appropriate and required by the host state as a result of a release
of radioactive or hazardous materials from such regional facility;
3. Premiums for property and third party liability insurance;
4. Protection of the public health and safety and the
environment;
5. Compensation and incentives to the host community;
6. Any amount due from a judgment or settlement involving a
property or third party liability claim for medical expenses and all
other damages incurred as a result of personal injury or death and
damages or losses to real or personal property or the environment;
and
7. The cost of defending or pursuing liability claims against
any party or state.
The fees established pursuant to subsection D of Article III of
the compact may include incentives for source and volume reduction
and may be based on the hazard of the waste. Notwithstanding
anything to the contrary in the compact, or in any state
constitution, statute, or regulation, to the extent that such fees
are insufficient to pay for any costs associated with a regional
facility, including all costs under subsection D of Article III of
the compact, all party states and any other state or states whose
generators use the regional facility, shall share liability for all
such costs. However, there shall be no recovery from the states
under subsection D of this article until all available funds,
payments, or in-kind services have been exhausted including:
a. designated low-level radioactive waste funds managed by
the host state,
b. payable proceeds of insurance or surety policies
applicable to a regional facility,
c. proceeds of reasonable collection efforts against the
regional facility operator or operators, and
d. payments from in-kind services by generators.
In the event any regional facility operator files or has filed
against it a bankruptcy proceeding, then for purposes of determining
whether or not reasonable collection efforts have been undertaken,
the filing of such proceedings, if not dismissed within sixty (60)
days of filing, shall be considered exhaustion of reasonable
collection efforts with respect to such party. Recovery from the
states under subsection D of Article III of the compact upon
satisfaction of the exhaustion of available funds, payments, or in-
kind services shall not preclude any state from further recovery of
its costs from a facility operator, insurer or generator. During the
period of time that such reasonable collection efforts or exhaustion
of available funds, payments, or in-kind services occur, any
applicable statutes of limitation with respect to claims against any
other parties or states will be deemed tolled and will not run. All
costs or liabilities shared by a state will be shared proportionately
by comparing the volume of the waste received at a regional facility
from the generators of each state with the total volume of the waste
received at a regional facility from all generators.
E. To the extent authorized by federal law, each party state is
responsible for enforcing any applicable federal and state laws and
regulations pertaining to the packaging and transportation of waste
generated within or passing through its borders and shall adopt
practices that will ensure that waste shipments originating within
its borders and destined for a regional facility will conform to
applicable packaging and transportation laws and regulations.
F. Each party state has the right to rely on the good faith
performance of each other party state.
G. Unless authorized by the Commission, it shall be unlawful
after January 1, 1986, for any person:
1. To deposit at a regional facility, waste not generated within
the region;
2. To accept, at a regional facility, waste not generated within
the region;
3. To export from the region, waste which is generated within
the region; and
4. To transport waste from the site at which it is generated
except to a regional facility.
ARTICLE IV. THE COMMISSION
A. There is hereby established the Central Interstate Low-Level
Radioactive Waste Compact Commission. The Commission shall consist
of one voting member from each party state, except that each host
state shall have two at-large voting members and one nonvoting member
from the county in which the facility is located. All members shall
be appointed according to the laws of each state. The appointing
authority of each party state shall notify the Commission in writing
of the identity of its member and any alternates. An alternate may
act on behalf of the member only in the absence of such member. Each
state is responsible for the expenses of its member of the
Commission.
B. Except for the nonvoting member, each Commission member shall
be entitled to one vote. Unless otherwise provided herein, no action
of the Commission shall be binding unless a majority of the total
membership casts its vote in the affirmative.
C. The Commission shall elect from among its membership a
chairman. The Commission shall adopt and publish, in convenient
form, bylaws and policies which are not inconsistent with this
compact.
D. The Commission shall meet at least once a year and shall also
meet upon the call of the chairman, by petition of a majority of the
membership or upon the call of a host state member. All meetings of
the Commission shall be open to the public with reasonable advance
publicized notice given, and such meetings shall be subject to those
exceptions provided for within the open meetings laws of the host
state. The Commission shall adopt bylaws that are consistent in
scope and principle with the open meetings laws of the host state, or
if there is no host state, the open meetings law of the state in
which the Commission headquarters is located.
E. The Commission may initiate any proceedings or appear as an
intervenor or party in interest before any court of law, or any
federal, state or local agency, board or commission that has
jurisdiction over any matter arising under or relating to the terms
and provisions of this compact. The Commission shall determine in
which proceedings it shall intervene or otherwise appear and may
arrange for such expert testimony, reports, evidence or other
participation in such proceedings as may be necessary to represent
its views.
F. The Commission may establish such committees as it deems
necessary for the purpose of advising the Commission on any and all
matters pertaining to the management of waste.
G. The Commission may employ and compensate a staff limited only
to those persons necessary to carry out its duties and functions.
The Commission may also contract with and designate any person to
perform necessary functions to assist the Commission. Unless
otherwise required by acceptance of a federal grant 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.
H. Funding for the Commission shall be as follows:
1. The Commission shall set and approve its first annual budget
as soon as practicable after its initial meeting. Party states shall
equally contribute to the Commission budget on an annual basis, an
amount not to exceed Twenty-five Thousand Dollars ($25,000.00) until
surcharges are available for that purpose. Host states shall begin
imposition of the surcharges provided for in this subsection as soon
as practicable and shall remit to the Commission funds resulting from
collection of such surcharges within sixty (60) days of their
receipt; and
2. Each state hosting a regional facility shall annually levy
surcharges on all users of such facilities, based on the volume and
characteristics of wastes received at such facilities, the total of
which:
a. shall be sufficient to cover the annual budget of the
Commission, and
b. shall be paid to the Commission, provided, however,
that each host state collecting such surcharges may
retain a portion of the collection sufficient to cover
the administrative costs of collection, and that the
remainder be sufficient only to cover the approved
annual budget of the Commission.
I. The Commission shall keep accurate accounts of all receipts
and disbursements. A licensed public accountant or a 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 of the compact.
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
person and may receive, utilize and dispose of same. The nature,
amount and conditions, if any, attendant upon any donation or grant
accepted pursuant to this subsection, together with the identity of
the donor, grantor or lender, shall be detailed in the annual report
of the Commission.
K. 1. Except as otherwise provided herein, 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
causal or other relationships. Generators, transporters of waste,
owners and operators of facilities shall be liable for their acts,
omissions, conduct or relationships in accordance with all laws
relating thereto; and
2. The Commission herein established is a legal entity separate
and distinct from the party states and shall be so 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.
L. Any person or party state aggrieved by a final decision of
the Commission may obtain judicial review of such decisions in the
United States District Court in the district wherein the Commission
maintains its headquarters by filing in such court a petition for
review within sixty (60) days after the Commission's final decision.
Proceedings thereafter shall be in accordance with the rules of
procedure applicable in such court.
M. The Commission shall:
1. Receive and approve the application of a nonparty state to
become a party state in accordance with Article VII of the compact;
2. Submit an annual report to, and otherwise communicate with,
the Governors and the presiding officers of the legislative bodies of
the party states regarding the activities of the Commission;
3. Hear and negotiate disputes which may arise between the party
states regarding this compact;
4. Require of and obtain from the party states, and nonparty
states seeking to become party states, data and information necessary
to the implementation of Commission and party states'
responsibilities;
5. Approve the development and operation of regional facilities
in accordance with Article V of the compact;
6. Notwithstanding any other provision of this compact, have the
authority to enter into agreements with any person 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.
Such authorization to import or export waste requires the approval of
the Commission, including the affirmative vote of any host state
which may be affected;
7. Revoke the membership of a party state in accordance with
Articles V and VII of the compact;
8. Require all party states and other persons to perform their
duties and obligations arising under this compact by an appropriate
action in any forum designated in subsection E of Article IV of the
compact; and
9. Take such other action as may be necessary to perform its
duties and functions as provided in this compact.
N. All files, records, and data of the Commission shall be open
to reasonable public inspection, regardless of physical form, subject
to those exceptions listed within the public records laws of the host
state. The Commission shall adopt bylaws relating to the
availability of files, records, and data of the Commission that are
consistent in scope and principle with the public records laws of the
host state, or if there is no host state, the public records laws of
the state in which the Commission headquarters is located.
O. All decisions of the Commission regarding public meetings and
public records issues shall be reviewable solely in a United States
District Court of a host state, or if there is no host state, then in
the state in which the Commission headquarters is located.
ARTICLE V. DEVELOPMENT AND OPERATION OF REGIONAL FACILITIES
A. Following the collection of sufficient data and information
from the states, the Commission shall allow each party state the
opportunity to volunteer as a host for a regional facility.
B. If no state volunteers or if no proposal identified by a
volunteer state is deemed acceptable by the Commission, based on the
criteria in subsection C of Article V of the compact, then the
Commission shall publicly seek applicants for the development and
operation of regional facilities.
C. The Commission shall review and consider each applicant's
proposal based upon the following criteria:
1. The capability of the applicant to obtain a license from the
applicable authority;
2. The economic efficiency of each proposed regional facility,
including the total estimated disposal and treatment costs per cubic
foot of waste;
3. Financial assurances;
4. Accessibility to all party states; and
5. Such other criteria as shall be determined by the Commission
to be necessary for the selection of the best proposal, based on the
health, safety and welfare of the citizens in the region and the
party states.
D. The Commission shall make a preliminary selection of the
proposal or proposals considered most likely to meet the criteria
enumerated in subsection C of Article V of the compact and the needs
of the region.
E. Following notification of each party state of the results of
the preliminary selection process, the Commission shall:
1. Authorize any person whose proposal has been selected to
pursue licensure of the regional facility or facilities in accordance
with the proposal originally submitted to the Commission or as
modified with the approval of the Commission; and
2. Require the appropriate state or states or the U.S. Nuclear
Regulatory Commission to process all applications for permits and
licenses required for the development and operation of any regional
facility or facilities within a reasonable period from the time that
a completed application is submitted.
F. The preliminary selection or selections made by the
Commission pursuant to Article V of the compact shall become final
and receive the Commission's approval as a regional facility upon the
issuance of a license by the licensing authority. If a proposed
regional facility fails to become licensed, the Commission shall make
another selection pursuant to the procedures identified in Article V
of the compact.
G. The Commission may by a two-thirds affirmative vote of its
membership, revoke the membership of any party state which, after
notice and hearing shall be found to have arbitrarily or capriciously
denied or delayed the issuance of a license or permit to any person
authorized by the Commission to apply for such license or permit.
Revocation shall be in the same manner as provided for in subsection
E of Article VII of the compact.
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. Prevent the application of any law which is not otherwise
inconsistent with this compact;
3. Prohibit or otherwise restrict the management of waste on the
site where it is generated if such is otherwise lawful;
4. Affect any judicial or administrative proceeding pending on
the effective date of this compact;
5. Alter the relations between, and the respective internal
responsibilities of, the government of a party state and its
subdivisions; and
6. Affect the generation or management of waste generated by the
federal government or federal research and development activities.
B. No party state shall pass or enforce any law or regulation
which is inconsistent with this compact.
C. All laws and regulations or parts thereof of any party state
which are inconsistent with this compact are hereby declared null and
void for purposes of this compact. Any legal right, obligation,
violation or penalty arising under such laws or regulations prior to
enactment of this compact shall not be affected.
D. 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 costly or 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.
ARTICLE VII. ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION,
ENTRY INTO FORCE, TERMINATION
A. This compact shall have as initially eligible parties the
states of Arkansas, Iowa, Kansas, Louisiana, Minnesota, Missouri,
Nebraska, North Dakota, Oklahoma and South Dakota.
B. Any state may petition the Commission for eligibility. A
petitioning state shall become eligible for membership in the compact
upon the unanimous approval of the Commission.
C. An eligible state shall become a member of the compact and
shall be bound by it after such state has enacted the compact into
law. In no event shall the compact take effect in any state until it
has been entered into force as provided for in subsection F of
Article VII of the compact.
D. Any party state may withdraw from this compact by enacting a
statute repealing the same. Unless permitted earlier by unanimous
approval of the Commission, such withdrawal shall take effect five
(5) years after the Governor of the withdrawing state has given
notice in writing of such withdrawal to each Governor of the party
states. No withdrawal shall affect any liability already incurred by
or chargeable to a party state prior to the time of such withdrawal.
E. Any party state which fails to comply with the terms of this
compact or fulfill its obligations hereunder may, after notice and
hearing, have its privileges suspended or its membership in the
compact revoked by the Commission. Revocation shall take effect one
(1) year from the date such party state receives written notice from
the Commission of its action. The Commission may require such party
state to pay to the Commission, for a period not to exceed five (5)
years from the date of notice of revocation, an amount determined by
the Commission based on the anticipated fees which the generators of
such party state would have paid to each regional facility and an
amount equal to that which such party state would have contributed in
accordance with subsection D of Article III of the compact, in the
event of insufficient revenues. The Commission shall use such funds
to ensure the continued availability of safe and economical waste
management facilities for all remaining party states. Such state
shall also pay an amount equal to that which such party state would
have contributed to the annual budget of the Commission if such party
state would have remained a member of the compact. All legal rights
established under this compact of any party state which has its
membership revoked shall cease upon the effective date of revocation;
however, any legal obligations of such party state arising prior to
the effective date of revocation shall not cease until they have been
fulfilled. Written notice of revocation of any state's membership in
the compact shall be transmitted immediately following the vote of
the Commission, by the chairman, to the Governor of the affected
party state, all other Governors of the party states and the Congress
of the United States.
F. This compact shall become effective after enactment by at
least three eligible states and after consent has been given to it by
the Congress. The Congress shall have the opportunity to withdraw
such consent every five (5) years. Failure of the Congress to
withdraw its consent affirmatively shall have the effect of renewing
consent for an additional five-year period. The consent given to
this compact by the Congress shall extend to any future admittance of
new party states under subsections B and C of Article VII of the
compact and to the power to ban the exportation of waste pursuant to
Article III of the compact.
G. The withdrawal of a party state from this compact under
subsection D of Article VII of the compact or the revocation of a
state's membership in this compact under subsection E of Article VII
of the compact shall not affect the applicability of this compact to
the remaining party states.
H. This compact shall be terminated when all party states have
withdrawn pursuant to subsection D of Article VII of the compact.
ARTICLE VIII. PENALTIES
A. Each party state, consistent with its own law, shall
prescribe and enforce penalties against any person for violation of
any provision of this compact.
B. Each party state acknowledges that the receipt by a regional
facility of waste packaged or transported in violation of applicable
laws and regulations can result in sanctions which may include
suspension or revocation of the violator's right of access to the
regional facility.
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 purpose thereof.
§27A-2-8-202.
A. The Board, with the assistance of the Radiation Management
Advisory Council, shall promulgate, in accordance with the
Administrative Procedures Act, for the purpose of the compact, rules
for the generating, storing, packaging and transporting of low-level
radioactive waste generated within Oklahoma and the packaging and
transporting of such waste passing through this state.
B. The Board rules shall be consistent with and may incorporate
such standards of the U.S. Nuclear Regulatory Commission and of the
U.S. Department of Transportation by reference. The Department shall
administer and enforce the provisions of the Central Interstate
Low-Level Radioactive Waste Compact and the rules of the Board.
C. The annual fees of the State of Oklahoma due the Central
Interstate Low-Level Radioactive Waste Compact Commission shall be
apportioned among those generators disposing of low-level radioactive
waste as determined by the Central Interstate Low-Level Radioactive
Waste Compact Commission.
§27A-2-8-103.
The Governor, on behalf of this state, is authorized to execute
the Central Interstate Low-Level Radioactive Waste Compact, in order
for this state to become a party state as defined in paragraph J of
Article II of the compact. For the purposes of the Central
Interstate Low-Level Radioactive Waste Compact, the state has not
entered into an interstate compact until the compact becomes
effective by its own terms.
§27A-2-8-204.
The Department and the Radiation Management Advisory Council
shall study the procedural and substantive authority, criteria and
physical and technical standards that would be advisable and
necessary for the protection of the health, safety and welfare of the
public and the environment concerning the licensure and subsequent
construction and operation of a low-level radioactive waste disposal
site in this state should Oklahoma be considered as one of the host
states for the region, in accordance with Articles IV and V of the
Central Interstate Low-Level Radioactive Waste Compact. The
Department shall annually submit written findings and recommendations
to the Governor and to the Legislature.
§27A-2-8-101.
This article shall be known and may be cited as the "Central
Interstate Low-Level Radioactive Waste Compact".
§27A-2-8-201.
The member of the Central Interstate Low-Level Radioactive Waste
Compact Commission representing the State of Oklahoma shall be the
Executive Director of the Department of Environmental Quality or the
designated representative of the Executive Director.
§27A-2-8-203.
For purposes of Article III of the Central Interstate Low-Level
Radioactive Waste Compact, the Corporation Commission is designated
as the rate-review agency for the State of Oklahoma.