IC 13-29

ARTICLE 29. INTERSTATE COMPACTS

IC 13-29-1Chapter 1. Midwest Interstate Compact on Low-Level

Radioactive Waste

IC 13-29-1-1Policy and purpose

Sec. 1.ARTICLE I. POLICY AND PURPOSE

There is created the Midwest Interstate Low-Level RadioactiveWaste Compact.

The states party to this compact recognize that the Congress of theUnited States, by enacting the Low-Level Radioactive Waste PolicyAct, as amended by the Low-Level Radioactive Waste PolicyAmendments Act of 1985 (42 U.S.C. 2021b to 42 U.S.C. 2021j), hasprovided for and encouraged the development of low-levelradioactive waste compacts as a tool for disposing of such waste. Theparty states acknowledge that the Congress declared that each stateis responsible for providing for the availability of capacity eitherwithin or outside the state for the disposal of low-level radioactivewaste generated within its borders, except for waste generated as aresult of certain defense activities of the federal government orfederal research and development activities. The party states alsorecognize that the disposal of low-level radioactive waste is handledmost efficiently on a regional basis; and, that the safe and efficientmanagement of low-level radioactive waste generated within theregion requires that sufficient capacity to dispose of such waste beproperly provided.

a. It is the policy of the party states to enter into a regionallow-level radioactive waste disposal compact for the purpose of:

1. Providing the instrument and framework for a cooperativeeffort;2. Providing sufficient facilities for the proper disposal oflow-level radioactive waste generated in the region;3. Protecting the health and safety of the citizens of the region;4. Limiting the number of facilities required to effectively andefficiently dispose of low-level radioactive waste generated inthe region;5. Encouraging source reduction and the environmentally soundtreatment of waste that is generated to minimize the amount ofwaste to be disposed of;6. Ensuring that the costs, expenses, liabilities, and obligationsof low-level radioactive waste disposal are paid by generatorsand other persons who use compact facilities to dispose of theirwaste;7. Ensuring that the obligations of low-level radioactive wastedisposal that are the responsibility of the party states are shared

equitably among them;8. Ensuring that the party states that comply with the terms ofthis compact and fulfill their obligations under it shareequitably in the benefits of the successful disposal of low-levelradioactive waste; and9. Ensuring the environmentally sound, economical, and securedisposal of low-level radioactive wastes.

b. Implicit in the Congressional consent to this compact is theexpectation by the Congress and the party states that the appropriatefederal agencies will actively assist the Compact Commission andthe individual party states to this compact by:

1. expeditious enforcement of federal rules, regulations andlaws;2. imposition of sanctions against those found to be in violationof federal rules, regulations and laws; and3. timely inspection of their licensees to determine theircompliance with these rules, regulations and laws.

As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.2.

IC 13-29-1-2Definitions

Sec. 2.ARTICLE II. DEFINITIONS

As used in this compact, unless the context clearly requires adifferent construction:

a. "care" means the continued observation of a facility afterclosing for the purposes of detecting a need for maintenance,ensuring environmental safety, and determining compliance withapplicable licensure and regulatory requirements and including thecorrection of problems which are detected as a result of thatobservation.

b. "close", "closed", or "closing" means that the compact facilitywith respect to which any of those terms is used has ceased to acceptwaste for disposal. "Permanently closed" means that the compactfacility with respect to which the term is used has ceased to acceptwaste because it has operated for twenty years or a longer period oftime as authorized by Article VI(i) of this compact, its capacity hasbeen reached, the Commission has authorized it to close pursuant toArticle III(h)(7) of this compact, the host state of such facility haswithdrawn from the compact or had its membership revoked, or thiscompact has been dissolved.

c. "commission" means the Midwest Interstate Low-LevelRadioactive Waste Commission.

d. "compact facility" means a waste disposal facility that islocated within the region and that is established by a party statepursuant to the designation of that state as a host state by theCommission.

e. "development" includes the characterization of potential sitesfor a waste disposal facility, siting of such a facility, licensing ofsuch a facility, and other actions taken by a host state prior to the

commencement of construction of such a facility to fulfill itsobligations as a host state.

f. "disposal," with regard to low-level radioactive waste, meansthe permanent isolation of that waste in accordance with therequirements established by the United States Nuclear RegulatoryCommission or the licensing agreement state.

g. "disposal plan" means the plan adopted by the Commission forthe disposal of waste within the region.

h. "facility" means a parcel of land or site, together with thestructures, equipment and improvements on or appurtenant to theland or site, which is or has been used for the disposal of low-levelradioactive waste, which is being developed for that purpose, or uponwhich the construction of improvements or installation of equipmentis occurring for that purpose.

i. "final decision" means a final action of the Commissiondetermining the legal rights, duties, or privileges of any person."Final decision" does not include preliminary, procedural, orintermediate actions by the Commission, actions regulating theinternal administration of the Commission, or actions of theCommission to enter into or refrain from entering into contracts oragreements with vendors to provide goods or services to theCommission.

j. "generator" means a person who first produces low-levelradioactive waste, including, without limitation, any person who doesso in the course of or incident to manufacturing, power generation,processing, waste treatment, waste storage, medical diagnosis andtreatment, research, or other industrial or commercial activity. If theperson who first produced an item or quantity of waste cannot beidentified, "generator" means the person first possessing the wastewho can be identified.

k. "host state" means any state which is designated by theCommission to host a compact facility or has hosted a compactfacility.

l. "long-term care" means those activities taken by a host stateafter a compact facility is permanently closed to ensure theprotection of air, land, and water resources and the health and safetyof all people who may be affected by the facility.

m. "low-level radioactive waste" or "waste" means radioactivewaste that is not classified as high-level radioactive waste and that isclass A, B, or C low-level radioactive waste as defined in 10 CFR61.55, as that section existed on January 26, 1983. "Low-levelradioactive waste" or "waste" does not include any such radioactivewaste that is owned or generated by the United States Department ofEnergy; by the United States Navy as a result of thedecommissioning of its vessels; or as a result of any research,development, testing, or production of any atomic weapon.

n. "operates", "operational", or "operating" means that thecompact facility with respect to which any of those terms is usedaccepts waste for disposal.

o. "party state" means any eligible state that enacts this compact

into law, pays any eligibility fee established by the Commission, andhas not withdrawn from this compact or had its membership in thiscompact revoked, provided that a state that has withdrawn from thiscompact or had its membership revoked again becomes a party stateif it is readmitted to membership in this compact pursuant to ArticleVIII(a) of this compact. "Party state" includes any host state. "Partystate" also includes any statutorily created administrativedepartments, agencies, or instrumentalities of a party state, but doesnot include municipal corporations, regional or local units ofgovernment, or other political subdivisions of a party state that areresponsible for governmental activities on less than a statewide basis.

p. "person" means any individual, corporation, association,business enterprise, or other legal entity either public or private andany legal successor, representative, agent, or agency of thatindividual, corporation, association, business enterprise, or otherlegal entity. "Person" also includes the United States, states, politicalsubdivisions of states, and any department, agency, orinstrumentality of the United States or a state.

q. "region" means the area of the party states.r. "site" means the geographic location of a facility.s. "state" means a state of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands orany other territorial possession of the United States.

t. "storage" means the temporary holding of waste.u. "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 inorder to render the waste safer for transport or management,amenable to recovery, convertible to another usable material orreduced in volume.

v. "waste management", "manage waste", "management of waste","management", or "managed" means the storage, treatment, ordisposal of waste.As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.3.

IC 13-29-1-3The commission

Sec. 3.ARTICLE III. THE COMMISSION

a. There is created the Midwest Interstate Low-Level RadioactiveWaste Commission. The Commission consists of one voting memberfrom each party state. The Governor of each party state shall notifythe Commission in writing of its member and any alternates. Analternate may act on behalf of the member only in that member'sabsence. The method for selection and the expenses of eachCommission member shall be the responsibility of the member'srespective state.

b. Each Commission member is entitled to one vote. Except asotherwise specifically provided in this compact, an action of theCommission is binding if a majority of the total membership casts its

vote in the affirmative. A party state may direct its member oralternate member of the Commission how to vote or not vote onmatters before the Commission.

c. The Commission shall elect annually from among its membersa chairperson. The Commission shall adopt and publish, inconvenient form, bylaws and policies which are not inconsistent withthis compact, including procedures for the use of binding arbitrationunder Article VI(o) of this compact and procedures whichsubstantially conform with the provisions of the FederalAdministrative Procedure Act (5 U.S.C. ss. 500 to 559) in regard tonotice, conduct and recording of meetings; access by the public torecords; provision of information to the public; conduct ofadjudicatory hearings; and issuance of decisions.

d. The Commission shall meet at least once annually and shallalso meet upon the call of the chairperson or any other Commissionmember.

e. All meetings of the Commission shall be open to the publicwith reasonable advance notice. The Commission may, by majorityvote, close a meeting to the public for the purpose of consideringsensitive personnel or legal strategy matters. However, allCommission actions and decisions shall be made in open meetingsand appropriately recorded.

f. The Commission may establish advisory committees for thepurpose of advising the Commission on any matters pertaining towaste management.

g. The office of the Commission shall be in a party state. TheCommission may appoint or contract for and compensate suchlimited staff necessary to carry out its duties and functions. The staffshall have the responsibilities and authority delegated to it by theCommission in its bylaws. The staff shall serve at the Commission'spleasure with the exception that staff hired as the result of securingfederal funds shall be hired and governed under applicable federalstatutes and regulations. In selecting any staff, the Commission shallassure that the staff has adequate experience and formal training tocarry out the functions assigned to it by the Commission.

h. The Commission may do any or all of the following:1. Appear as an intervenor or party in interest before any courtof law or any federal, state or local agency, board orcommission in any matter related to waste management. Inorder to represent its views, the Commission may arrange forany expert testimony, reports, evidence or other participation.2. Review any emergency closing of a compact facility,determine the appropriateness of that closing, and take whateverlawful actions are necessary to ensure that the interests of theregion are protected.3. Take any action which is appropriate and necessary toperform its duties and functions as provided in this compact.4. Approve the disposal of naturally occurring and acceleratorproduced radioactive material at a compact facility. TheCommission shall not approve the acceptance of such material

without first making an explicit determination of the effect ofthe new waste stream on the compact facility's maximumcapacity. Such approval requires the affirmative vote of amajority of the Commission, including the affirmative vote ofthe member from the host state of the compact facility thatwould accept the material for disposal. Any such host state may,at any time, rescind its vote granting the approval and,thereafter, additional naturally occurring and acceleratorproduced radioactive material shall not be disposed of at acompact facility unless the disposal is again approved. Allprovisions of this compact apply to the disposal of naturallyoccurring and accelerator produced radioactive material that hasbeen approved for disposal at a compact waste facility pursuantto Article III(h)(4) of this compact.5. Enter into contracts in order to perform its duties andfunctions as provided in this compact.6. When approved by the Commission, with the member fromeach host state in which an affected compact facility isoperating or being developed or constructed voting in theaffirmative, enter into agreements to do any of the following:

a. Import for disposal within the region, waste generatedoutside the region.b. Export for disposal outside the region, waste generatedinside the region.c. Dispose of waste generated within the region at a facilitywithin the region that is not a compact facility.

7. Authorize a host state to permanently close a compact facilitylocated within its borders earlier than otherwise would berequired by Article VI(i) of this compact. Such a closingrequires the affirmative vote of a majority of the Commission,including the affirmative vote of the member from the state inwhich the affected compact facility is located.

i. The Commission shall do all of the following:1. Submit an annual report to, and otherwise communicate with,the governors and the appropriate officers of the legislativebodies of the party states regarding the activities of theCommission.2. Adopt and amend, by a two-thirds vote of the membership, inaccordance with the procedures and criteria developed pursuantto Article IV of this compact a regional disposal plan whichdesignates host states for the establishment of needed compactfacilities.3. Adopt an annual budget.4. Establish and implement a procedure for determining thecapacity of a compact facility. The capacity of a compactfacility shall be established as soon as reasonably practical afterthe host state of the facility is designated and shall not bechanged thereafter without the consent of the host state. Thecapacity of a compact facility shall be based on the projectedvolume, radioactive characteristics, or both, of the waste to be

disposed of at the facility during the period set forth in ArticleVI(i) of this compact.5. Provide a host state with funds necessary to pay reasonabledevelopment expenses incurred by the host state after it isdesignated to host a compact facility.6. Establish and implement procedures for making paymentsfrom the remedial action fund provided for in Article III(p) ofthis compact.7. Establish and implement procedures to investigate anycomplaint joined in by two or more party states regardinganother party state's performance of its obligations under thiscompact.8. Adopt policies promoting source reduction and theenvironmentally sound treatment of waste in order to minimizethe amount of waste to be disposed of at compact facilities.9. Establish and implement procedures for obtaininginformation from generators regarding the volume andcharacteristics of waste projected to be disposed of at compactfacilities and regarding generator activities with respect tosource reduction, recycling, and treatment of waste.10. Prepare annual reports regarding the volume andcharacteristics of waste projected to be disposed of at compactfacilities.

j. Funding for the Commission shall be provided as follows:1. When no compact facility is operating, the Commission mayassess fees to be collected from generators of waste in theregion. The fees shall be reasonable and equitable. TheCommission shall establish and implement procedures forassessing and collecting the fees. The procedures may allow theassessing of fees against less than all generators of waste in theregion; provided that if fees are assessed against less than allgenerators of waste in the region, generators paying the feesshall be reimbursed the amount of the fees, with reasonableinterest, out of the revenues of operating compact facilities.2. When a compact facility is operating, funding for theCommission shall be provided through a surcharge collected bythe host state as part of the fee system provided for in ArticleVI(j) of this compact. The surcharge to be collected by the hoststate shall be determined by the Commission and shall bereasonable and equitable.3. In the aggregate, the fees or surcharges, as the case may be,shall be no more than is necessary to:

a. cover the annual budget of the Commission;b. provide a host state with the funds necessary to payreasonable development expenses incurred by the host stateafter it is designated to host a compact facility;c. provide moneys for deposit in the remedial action fundestablished pursuant to Article III(p) of this compact; andd. provide moneys to be added to an inadequately fundedlong-term care fund as provided in Article VI(o) of this

compact.k. Financial statements of the Commission shall be prepared

according to generally accepted accounting principles. TheCommission shall contract with an independent certified publicaccountant to annually audit its financial statements and to submit anaudit report to the Commission. The audit report shall be made a partof the annual report of the Commission required by Article III of thiscompact.

l. The Commission may accept for any of its purposes andfunctions and may utilize and dispose of any donations, grants ofmoney, equipment, supplies, materials and services from any state orthe United States (or any subdivision or agency thereof) or interstateagency, or from any institution, person, firm, or corporation. Thenature, amount and condition, if any, attendant upon any donation orgrant accepted or received by the Commission together with theidentity of the donor, grantor or lender, shall be detailed in theannual report of the Commission.

m. The Commission is a legal entity separate and distinct from theparty states. Members of the Commission and its employees are notpersonally liable for actions taken by them in their official capacity.The Commission is not liable or otherwise responsible for any costs,expenses, or liabilities resulting from the development, construction,operation, regulation, closing, or long-term care of any compactfacility or any noncompact facility made available to the region byany contract or agreement entered into by the Commission underArticle III(h)(6) of this compact. Nothing in Article III(m) of thiscompact relieves the Commission of its obligations under Article IIIof this compact or under contracts to which it is a party. Anyliabilities of the Commission are not liabilities of the party states.

n. Final decisions of the Commission shall be made, and shall besubject to judicial review, in accordance with all of the followingconditions:

1. Every final decision shall be made at an open meeting of theCommission. Before making a final decision, the Commissionshall provide an opportunity for public comment on the matterto be decided. Each final decision shall be reduced to writingand shall set forth the Commission's reasons for making thedecision.2. Before making a final decision, the Commission may conductan adjudicatory hearing on the proposed decision.3. Judicial review of a final decision shall be initiated by filinga petition in the United States district court for the district inwhich the person seeking the review resides or in which theCommission's office is located not later than sixty days afterissuance of the Commission's written decision. Concurrentlywith filing the petition for review with the court, the petitionershall serve a copy of the petition on the Commission. Withinfive days after receiving a copy of the petition, the Commissionshall mail a copy of it to each party state and to all otherpersons who have notified the Commission of their desire to

receive copies of such petitions. Any failure of the Commissionto so mail copies of the petition does not affect the jurisdictionof the reviewing court. Except as otherwise provided in ArticleIII(n)(3) of this compact, standing to obtain judicial review offinal decisions of the Commission and the form and scope ofthe review are subject to and governed by 5 U.S.C.A. 706.4. If a party state seeks judicial review of a final decision of theCommission that does any of the following, the facts shall besubject to trial de novo by the reviewing court unless trial denovo of the facts is affirmatively waived in writing by the partystate:

a. Imposes financial penalties on a party state.b. Suspends the right of a party state to have waste generatedwithin its borders disposed of at a compact facility or at anoncompact facility made available to the region by anagreement entered into by the Commission under ArticleIII(h)(6) of this compact.c. Terminates the designation of a party state as a host state.d. Revokes the membership of a party state in this compact.e. Establishes the amounts of money that a party state thathas withdrawn from this compact or had its membership inthis compact revoked is required to pay under Article VIII(e)of this compact.

Any such trial de novo of the facts shall be governed by thefederal Rules of Civil Procedure and the federal Rules ofEvidence.5. Preliminary, procedural, or intermediate actions by theCommission that precede a final decision are subject to reviewonly in conjunction with review of the final decision.6. Except as provided in Article III(n)(5) of this compact,actions of the Commission that are not final decisions are notsubject to judicial review.

o. Unless approved by a majority of the Commission, with themember from each host state in which an affected compact facilityis operating or is being developed or constructed voting in theaffirmative, no person shall do any of the following:

1. Import waste generated outside the region for managementwithin the region.2. Export waste generated within the region for disposal outsidethe region.3. Manage waste generated outside the region at a facilitywithin the region.4. Dispose of waste generated within the region at a facilitywithin the region that is not a compact facility.

p. The Commission shall establish a remedial action fund to paythe costs of reasonable remedial actions taken by a party state if anevent results from the development, construction, operation, closing,or long-term care of a compact facility that poses a threat to humanhealth, safety, or welfare or to the environment. The amount of theremedial action fund shall be adequate to pay the costs of all

reasonably foreseeable remedial actions. A party state shall notify theCommission as soon as reasonably practical after the occurrence ofany event that may require the party state to take a remedial action.The failure of a party state to so notify the Commission does notlimit the rights of the party state under Article III(p) of this compact.

If the moneys in the remedial action fund are inadequate to paythe costs of reasonable remedial actions, the amount of thedeficiency is a liability with respect to which generators shall provideindemnification under Article VII(g) of this compact. Generatorswho provide the required indemnification have the rights ofcontribution provided in Article VII(g) of this compact. Article III(p)of this compact applies to any remedial action taken by a party stateregardless of whether the party state takes the remedial action on itsown initiative or because it is required to do so by a court orregulatory agency of competent jurisdiction.

q. If the Commission makes payment from the remedial actionfund provided for in Article III(p) of this compact, the Commissionis entitled to obtain reimbursement under applicable rules of lawfrom any person who is responsible for the event giving rise to theremedial action. Such reimbursement may be obtained from a partystate only if the event giving rise to the remedial action resulted fromthe activities of that party state as a generator of waste.

r. If this compact is dissolved, all moneys held by the Commissionshall be used first to pay for any ongoing or reasonably anticipatedremedial actions. Any remaining moneys shall be distributed in a fairand equitable manner to those party states that have operating orclosed compact facilities within their borders and shall be added tothe long-term care funds maintained by those party states.As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.4.

IC 13-29-1-4Regional management plan

Sec. 4.ARTICLE IV. REGIONAL DISPOSAL PLAN

The Commission shall adopt and periodically update a regionaldisposal plan designed to ensure the safe and efficient disposal ofwaste generated within the region. In adopting a regional wastedisposal plan, the Commission shall do all of the following:

a. Adopt procedures for determining, consistent withconsiderations for public health and safety, the type and number ofcompact facilities which are presently necessary and which areprojected to be necessary to dispose of waste generated within theregion.

b. Develop and adopt procedures and criteria for identifying aparty state as a host state for a compact facility. In developing thesecriteria, the Commission shall consider all of the following:

1. The health, safety, and welfare of the citizens of the partystates.2. The existence of compact facilities within each party state.3. The minimization of waste transportation.

4. The volumes and types of wastes projected to be generatedwithin each party state.5. The environmental impacts on the air, land and waterresources of the party states.6. The economic impacts on the party states.

c. Conduct such hearings, and obtain such reports, studies,evidence and testimony required by its approved procedures prior toidentifying a party state as a host state for a needed compact facility.

d. Prepare a draft disposal plan and any update thereof, includingprocedures, criteria, and host states, which shall be made availablein a convenient form to the public for comment. Upon the request ofa party state, the Commission shall conduct a public hearing in thatstate prior to the adoption or update of the disposal plan. Thedisposal plan and any update thereof shall include the Commission'sresponse to public and party state comment.As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.5.

IC 13-29-1-5Rights and obligations of party states

Sec. 5.ARTICLE V. RIGHTS AND OBLIGATIONS

OF PARTY STATESa. Each party state shall act in good faith in the performance of

acts and courses of conduct which are intended to ensure theprovision of facilities for regional availability and usage in a mannerconsistent with this compact.

b. Except for waste attributable to radioactive material or wasteimported into the region in order to render the material or wasteamenable to transportation, storage, disposal, or recovery, or in orderto convert the waste or material to another usable material, or toreduce it in volume or otherwise treat it, each party state has the rightto have all wastes generated within its borders disposed of atcompact facilities subject to the payment of all fees established bythe host state under Article VI(j) of this compact and to theprovisions contained in Articles VI(l), VI(s), VIII(d), IX(d), and Xof this compact. All party states have an equal right of access to anyfacility made available to the region by any agreement entered intoby the Commission pursuant to Article III(h)(6) of this compact,subject to the provisions of Articles VI(l), VI(s), VIII(d), and X ofthis compact.

c. If a party state's right to have waste generated within its bordersdisposed of at compact facilities, or at any noncompact facility madeavailable to the region by an agreement entered into by theCommission under Article III(h)(6) of this compact, is suspended, nowaste generated within its borders by any person shall be disposedof at any such facility during the period of the suspension.

d. To the extent permitted by federal law, each party state mayenforce any applicable federal and state laws, regulations and rulespertaining to the packaging and transportation of waste generatedwithin or passing through its borders. Nothing in this section shall be

construed to require a party state to enter into any agreement with theU.S. Nuclear Regulatory Commission.

e. Each party state shall provide to the Commission any data andinformation the Commission requires to implement itsresponsibilities. Each party state shall establish the capability toobtain any data and information required by the Commission.

f. If, notwithstanding the sovereign immunity provision in ArticleVII(f)(1) and the indemnification provided for in Articles III(p),VI(o), and VII(g) of this compact, a party state incurs a cost as aresult of an inadequate remedial action fund or an exhaustedlong-term care fund, or incurs a liability as a result of an actiondescribed in Article VII(f)(1) and not described in Article VII(f)(2)of this compact, the cost or liability shall be the pro rata obligationof each party state and each state that has withdrawn from thiscompact or had its membership in this compact revoked. TheCommission shall determine each state's pro rata obligation in a fairand equitable manner based on the amount of waste from each suchstate that has been or is projected to be disposed of at the compactfacility with respect to which the cost or liability to be shared wasincurred. No state shall be obligated to pay the pro rata obligation ofany other state.

The pro rata obligations provided for in Article V(f) of thiscompact do not result in the creation of state debt. Rather, the prorata obligations are contractual obligations that shall be enforced byonly the commission or an affected party state.

g. If the party states make payment pursuant to Article V(f) of thiscompact, the surcharge or fee provided for in Article III(j) of thiscompact shall be used to collect the funds necessary to reimburse theparty states for those payments. The Commission shall determine thetime period over which reimbursement shall take place.As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.6.

IC 13-29-1-6Development, operation, and closing of compact facilities

Sec. 6.ARTICLE VI. DEVELOPMENT, OPERATION, AND

CLOSING OF COMPACT FACILITIESa. Any party state may volunteer to become a host state, and the

Commission may designate that state as a host state.b. If not all compact facilities required by the regional disposal

plan are developed pursuant to Article VI(a) of this compact, theCommission may designate a host state.

c. After a state is designated a host state by the Commission, it isresponsible for the timely development and operation of the compactfacility it is designated to host. The development and operation of thecompact facility shall not conflict with applicable federal and hoststate laws, rules, and regulations, provided that the laws, rules, andregulations of a host state and its political subdivisions shall notprevent, nor shall they be applied so as to prevent, the host state'sdischarge of the obligation set forth in Article VI(c) of this compact.

The obligation set forth in Article VI(c) of this compact is contingentupon the discharge by the Commission of its obligation set forth inArticle III(i)(5) of this compact.

d. If a party state designated as a host state fails to discharge theobligations imposed upon it by Article VI(c) of this compact, its hoststate designation may be terminated by a two-thirds vote of theCommission with the member from the host state of any thenoperating compact facility voting in the affirmative. A party statewhose host state designation has been terminated has failed to fulfillits obligations as a host state and is subject to the provisions ofArticle VIII(d) of this compact.

e. Any party state designated as a host state may request theCommission to relieve that state of the responsibility to serve as ahost state. Except as set forth in Article VI(d) of this compact, theCommission may relieve a party state of its responsibility only upona showing by the requesting party state that, based upon criteriaestablished by the Commission that are consistent with anyapplicable federal criteria, no feasible potential compact facility siteexists within its borders.

A party state relieved of its host state responsibility shall repay tothe Commission any funds provided to that state by the Commissionfor the development of a compact facility, and also shall pay to theCommission the amount the Commission determines is necessary toensure that the Commission and the other party states do not incurfinancial loss as a result of the state being relieved of its host stateresponsibility. Any funds so paid to the Commission with respect tothe financial loss of the other party states shall be distributedforthwith by the Commission to the party states that would otherwiseincur the loss. In addition, until the state relieved of its responsibilityis again designated as a host state and a compact facility located inthat state begins operating, it shall annually pay to the Commission,for deposit in the remedial action fund, an amount the Commissiondetermines is fair and equitable in light of the fact the state has beenrelieved of the responsibility to host a compact facility, but continuesto enjoy the benefits of being a member of this compact.

f. The host state shall select the technology for the compactfacility. If requested by the Commission, information regarding thetechnology selected by the host state shall be submitted to theCommission for its review. The Commission may require the hoststate to make changes in the technology selected by the host state ifthe Commission demonstrates that the changes do not decrease theprotection of air, land, and water resources and the health and safetyof all people who may be affected by the facility. If requested by thehost state, any Commission decision requiring the host state to makechanges in the technology shall be preceded by an adjudicatoryhearing in which the Commission shall have the burden of proof.

g. A host state may assign to a private contractor theresponsibility, in whole or in part, to develop, construct, operate,close, or provide long-term care for a compact facility. Assignmentof such responsibility by a host state to a private contractor does not

relieve the host state of any responsibility imposed upon it by thiscompact. A host state may secure indemnification from thecontractor for any costs, liabilities, and expenses incurred by the hoststate resulting from the development, construction, operation,closing, or long-term care of a compact facility.

h. To the extent permitted by federal and state law, a host stateshall regulate and license any facility within its borders and ensurethe long-term care of that facility.

i. A host state shall accept waste for disposal for a period oftwenty years from the date the compact facility in the host statebecomes operational, or until its capacity has been reached,whichever occurs first. At any time before the compact facilitycloses, the host state and the Commission may enter into anagreement to extend the period during which the host state isrequired to accept such waste or to increase the capacity of thecompact facility. Except as specifically authorized by Article VI(l)(4)of this compact, the twenty year period shall not be extended, and thecapacity of the facility shall not be increased, without the consent ofthe affected host state and the Commission.

j. A host state shall establish a system of fees to be collected fromthe users of any compact facility within its borders. The fee system,and the costs paid through the system, shall be reasonable andequitable. The fee system shall be subject to the Commission'sapproval. The fee system shall provide the host state with sufficientrevenue to pay costs associated with the compact facility including,but not limited to, operation, closing, long-term care, debt service,legal costs, local impact assistance, and local financial incentives.The fee system also shall be used to collect the surcharge providedin Article III(j)(2) of this compact. The fee system shall includeincentives for source reduction and shall be based on the hazard ofthe waste as well as the volume.

k. A host state shall ensure that a compact facility located withinits borders that is permanently closed is properly cared for so as toensure protection of air, land, and water resources and the health andsafety of all people who may be affected by the facility.

l. The development of subsequent compact facilities shall be asfollows:

1. No compact facility shall begin operating until theCommission designates the host state of the next compactfacility.2. The following actions shall be taken by the state designatedto host the next compact facility within the specified number ofyears after the compact facility it is intended to replace beginsoperation:

a. Within three years, enact legislation providing for thedevelopment of the next compact facility.b. Within seven years, initiate site characterizationinvestigations and tests to determine licensing suitability forthe next compact facility.c. Within eleven years, submit a license application for the

next compact facility that the responsible licensing authoritydeems complete.

If a host state fails to take any of these actions within thespecified time, all waste generated by any person within thatstate shall be denied access to the then operating compactfacility, and to any noncompact facility made available to theregion by any agreement entered into by the Commissionpursuant to Article III(h)(6) of this compact, until the action istaken. Denial of access may be rescinded by the Commission,with the member from the host state of the then operatingcompact facility voting in the affirmative. A host state that failsto take any of these actions within the specified time has failedto fulfill its obligations as a host state and is subject to theprovisions of Articles VI(d) and VIII(d) of this compact.3. Within fourteen years after any compact facility beginsoperating, the state designated to host the next compact facilityshall have obtained a license from the responsible licensingauthority to construct and operate the compact facility the statehas been designated to host. If the license is not obtained withinthe specified time, all waste generated by any person within thestate designated to host the next compact facility shall be deniedaccess to the then operating compact facility, and to anynoncompact facility made available to the region by anyagreement entered into by the Commission pursuant to ArticleIII(h)(6) of this compact, until the license is obtained. The statedesignated to host the next compact facility shall have failed inits obligations as a host state and shall be subject to ArticlesVI(d) and VIII(d) of this compact. In addition, at the sole optionof the host state of the then operating compact facility, all wastegenerated by any person within any party state that has not fullydischarged its obligations under Article VI(i) of this compactshall be denied access to the then operating compact facility,and to any noncompact facility made available to the region byany agreement entered into by the Commission pursuant toArticle III(h)(6) of this compact, until the license is obtained.Denial of access may be rescinded by the Commission, with themember from the host state of the then operating compactfacility voting in the affirmative.4. If twenty years after a compact facility begins operating, thenext compact facility is not ready to begin operating, the statedesignated to host the next compact facility shall have failed inits obligation as a host state and shall be subject to ArticlesVI(d) and VIII(d) of this compact. If at the time the capacity ofthe then operating compact facility has been reached, or twentyyears after the facility began operating, whichever occurs first,the next compact facility is not ready to begin operating, thehost state of the then operating compact facility, without theconsent of any other party state or the Commission, maycontinue to operate the facility until a compact facility in thenext host state is ready to begin operating. During any such

period of continued operation of a compact facility, all wastegenerated by any person within the state designated to host thenext compact facility shall be denied access to the thenoperating compact facility and to any noncompact facility madeavailable to the region by any agreement entered into by theCommission pursuant to Article III(h)(6) of this compact. Inaddition, during such period, at the sole option of the host stateof the then operating compact facility, all waste generated byany person within any party state that has not fully dischargedits obligations under Article VI(i) of this compact shall bedenied access to the then operating compact facility and to anynoncompact facility made available to the region by anyagreement entered into by the Commission pursuant to ArticleIII(h)(6) of this compact. Denial of access may be rescinded bythe commission, with the member from the host state of the thenoperating compact facility voting in the affirmative. Theprovisions of Article VI(l)(4) of this compact shall not apply iftheir application is inconsistent with an agreement between thehost state of the then operating compact facility and theCommission as authorized in Article VI(i) of this compact, orinconsistent with Article VI(p) or (q) of this compact.5. During any period that access is denied for waste disposalpursuant to Article VI(l)(2), (3), or (4) of this compact, theparty state designated to host the next compact disposal facilityshall pay to the host state of the then operating compact facilityan amount the Commission determines is reasonably necessaryto ensure that the host state, or any agency or politicalsubdivision thereof, does not incur financial loss as a result ofthe denial of access.6. The Commission may modify any of the requirementscontained in Articles VI(l)(2) and (3) of this compact if it findsthat circumstances have changed so that the requirements areunworkable or unnecessarily rigid or no longer serve to ensurethe timely development of a compact facility. The Commissionmay adopt such a finding by a two-thirds vote, with the memberfrom the host state of the then operating compact facility votingin the affirmative.

m. This compact shall not prevent an emergency closing of acompact facility by a host state to protect air, land and waterresources and the health and safety of all people who may be affectedby the facility. A host state that has an emergency closing of acompact facility shall notify the Commission in writing within threeworking days of its action and shall, within thirty (30) working daysof its action, demonstrate justification for the closing.

n. A party state that has fully discharged its obligations underArticle VI(i) of this compact shall not again be designated a hoststate of a compact facility without its consent until each party statehas been designated to host a compact facility and has fullydischarged its obligations under Article VI(i) of this compact or hasbeen relieved under Article VI(e) of this compact of its responsibility

to serve as a host state.o. Each host state of a compact facility shall establish a long-term

care fund to pay for monitoring, security, maintenance, and repair ofthe facility after it is permanently closed. The expenses ofadministering the long-term care fund shall be paid out of the fund.The fee system established by the host state that establishes along-term care fund shall be used to collect moneys in amounts thatare adequate to pay for all long-term care of the compact facility. Themoneys shall be deposited into the long-term care fund. Exceptwhere the matter is resolved through arbitration, the amount to becollected through the fee system for deposit into the fund shall bedetermined through an agreement between the Commission and thehost state establishing the fund. Not less than three years, nor morethan five years, before the compact facility it is designated to host isscheduled to begin operating, the host state shall propose to theCommission the amount to be collected through the fee system fordeposit into the fund. If, one hundred eighty days after such proposalis made to the Commission, the host state and the Commission havenot agreed, either the Commission or the host state may require thematter to be decided through binding arbitration. The method ofadministration of the fund shall be determined by the host stateestablishing the long-term care fund, provided that moneys in thefund shall be used only for the purposes set forth in Article VI(o) ofthis compact and shall be invested in accordance with the standardsapplicable to trustees under the laws of the host state establishing thefund. If, after a compact facility is closed, the Commissiondetermines the long-term care fund established with respect to thatfacility is not adequate to pay for all long-term care for that facility,the Commission shall collect and pay over to the host state of theclosed facility, for deposit into the long-term care fund, an amountdetermined by the Commission to be necessary to make the amountin the fund adequate to pay for all long-term care of the facility. If along-term care fund is exhausted and long-term care expenses for thefacility with respect to which the fund was created have beenreasonably incurred by the host state of the facility, those expensesare a liability with respect to which generators shall provideindemnification as provided in Article VII(g) of this compact.Generators that provide indemnification shall have contributionrights as provided in Article VII(g) of this compact.

p. A host state that withdraws from the compact or has itsmembership revoked shall immediately and permanently close anycompact facility located within its borders, except that theCommission and a host state may enter into an agreement underwhich the host state may continue to operate, as a noncompactfacility, a facility within its borders that, before the host statewithdrew or had its membership revoked, was a compact facility.

q. If this compact is dissolved, the host state of any then operatingcompact facility shall immediately and permanently close thefacility, provided that a host state may continue to operate a compactfacility or resume operating a previously closed compact facility, as

a noncompact facility, subject to all of the following requirements:1. The host state shall pay to the other party states the portionof the funds provided to that state by the Commission for thedevelopment, construction, operation, closing, or long-term careof a compact facility that is fair and equitable, taking intoconsideration the period of time the compact facility located inthat state was in operation and the amount of waste disposed ofat the facility, provided that a host state that has fullydischarged its obligations under Article VI(i) of this compactshall not be required to make such payment.2. The host state shall physically segregate waste disposed of atthe facility after this compact is dissolved from waste disposedof at the facility before this compact is dissolved.3. The host state shall indemnify and hold harmless the otherparty states from all costs, liabilities, and expenses, includingreasonable attorneys' fees and expenses, caused by operating thefacility after this compact is dissolved, provided that thisindemnification and hold harmless obligation shall not apply tocosts, liabilities, and expenses resulting from the activities of ahost state as a generator of waste.4. Moneys in the long-term care fund established by the hoststate that are attributable to the operation of the facility beforethis compact is dissolved, and investment earnings thereon,shall be used only to pay the cost of monitoring, securing,maintaining, or repairing that portion of the facility used for thedisposal of waste before this compact is dissolved. Suchmoneys and investment earnings, and any moneys added to thelong-term care fund through a distribution authorized by ArticleIII(r) of this compact, also may be used to pay the cost of anyremedial action made necessary by an event resulting from thedisposal of waste at the facility before this compact isdissolved.

r. Financial statements of a compact facility shall be preparedaccording to generally accepted accounting principles. TheCommission may require the financial statements to be audited on anannual basis by a firm of certified public accountants selected andpaid by the Commission.

s. Waste may be accepted for disposal at a compact facility onlyif the generator of the waste has signed, and there is on file with theCommission, an agreement to provide indemnification to a partystate, or employee of that state, for all of the following:

1. Any cost of a remedial action described in Article III(p) ofthis compact that, due to inadequacy of the remedial actionfund, is not paid as set forth in that provision.2. Any expense for long-term care described in Article VI(o) ofthis compact that, due to exhaustion of the long-term care fund,is not paid as set forth in that provision.3. Any liability for damages to persons, property, or theenvironment incurred by a party state, or employee of that statewhile acting within the scope of employment, resulting from the

development, construction, operation, regulation, closing, orlong-term care of a compact facility, or any noncompact facilitymade available to the region by any agreement entered into bythe Commission pursuant to Article III(h)(6) of this compact, orany other matter arising from this compact. The agreement alsoshall require generators to indemnify the party state oremployee against all reasonable attorney's fees and expensesincurred in defending any action for such damages. Thisindemnification shall not extend to liability based on any of thefollowing:

a. The activities of the party states as generators of waste.b. The obligations of the party states to each other and theCommission imposed by this compact or other contractsrelated to the disposal of waste under this compact.c. Activities of a host state or employees thereof that aregrossly negligent or willful and wanton.

The agreement shall provide that the indemnification obligationof generators shall be joint and several, except that theindemnification obligation of the party states with respect totheir activities as generators of waste shall not be joint andseveral, but instead shall be prorated according to the amountof waste that each state had disposed of at the compact facilitygiving rise to the liability. Such proration shall be calculated asof the date of the event giving rise to the liability. Theagreement shall be in a form approved by the Commission withthe member from the host state of any then operating compactfacility voting in the affirmative. Among generators there shallbe rights of contribution based on equitable principles, andgenerators shall have rights of contribution against any otherperson responsible for such damages under common law,statute, rule, or regulation, provided that a party state thatthrough its own activities did not generate any waste disposedof at the compact facility giving rise to the liability, anemployee of such a party state, and the Commission shall haveno such contribution obligation. The Commission may waivethe requirement that the party state sign and file such anindemnification agreement as a condition to being able todispose of waste generated as a result of the party state'sactivities. Such a waiver shall not relieve a party state of theindemnification obligation imposed by Article VII(g) of thiscompact.

As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.7.

IC 13-29-1-7Other laws and regulations

Sec. 7.ARTICLE VII. OTHER LAWS AND REGULATIONS

a. Nothing in this compact:1. Abrogates or limits the applicability of any act of theCongress or diminishes or otherwise impairs the jurisdiction of

any federal agency expressly conferred thereon by theCongress;2. Prevents the enforcement of any other law of a party statewhich is not inconsistent with this compact;3. Prohibits any generator from storing or treating, on its ownpremises, waste generated by it within the region;4. Affects any administrative or judicial proceeding pending onthe effective date of this compact;5. Alters the relations between and the respective internalresponsibility of the government of a party state and itssubdivisions;6. Affects the generation, treatment, storage or disposal ofwaste generated by the atomic energy defense activities of theSecretary of the U.S. Department of Energy or successoragencies or federal research and development activities asdescribed in 42 U.S.C. 2021;7. Affects the rights and powers of any party state or itspolitical subdivisions, to the extent not inconsistent with thiscompact, to regulate and license any facility or thetransportation of waste within its borders;8. Requires a party state to enter into any agreement with theU.S. Nuclear Regulatory Commission; or9. Limits, expands, or otherwise affects the authority of a stateto regulate low-level radioactive waste classified by any agencyof the United States government as "below regulatory concern"or otherwise exempt from federal regulation.

b. If a court of the United States finally determines that a law ofa party state conflicts with this compact, this compact shall prevailto the extent of the conflict. The Commission shall not commence anaction seeking such a judicial determination unless commencementof the action is approved by a two-thirds vote of the membership ofthe Commission.

c. Except as authorized by this compact, no law, rule or regulationof a party state or of any of its subdivisions or instrumentalities maybe applied in a manner which discriminates against the generators ofanother party state.

d. Except as provided in Articles III(m) and VII(f) of thiscompact, no provision of this compact shall be construed to eliminateor reduce in any way the liability or responsibility, whether arisingunder common law, statute, rule, or regulation, of any person forpenalties, fines, or damages to persons, property, or the environmentresulting from the development, construction, operation, closing, orlong-term care of a compact facility, or any noncompact facilitymade available to the region by any agreement entered into by theCommission pursuant to Article III(h)(6) of this compact, or anyother matter arising from this compact. The provisions of thiscompact shall not alter otherwise applicable laws relating tocompensation of employees for workplace injuries.

e. Except as provided in 28 U.S.C. 1251(a), the district courts ofthe United States have exclusive jurisdiction to decide cases arising

under this compact. Article VII(e) of this compact does not apply toproceedings within the jurisdiction of state or federal regulatoryagencies nor to judicial review of proceedings before state or federalregulatory agencies. Article VII(e) of this compact shall not beconstrued to diminish other laws of the United States conferringjurisdiction on the courts of the United States.

f. For the purposes of activities pursuant to this compact, thesovereign immunity of party states and employees of party statesshall be as follows:

1. A party state or employee thereof, while acting within thescope of employment, shall not be subject to suit or held liablefor damages to persons, property, or the environment resultingfrom the development, construction, operation, regulation,closing, or long-term care of a compact facility, or anynoncompact facility made available to the region by anyagreement entered into by the Commission pursuant to ArticleIII(h)(6) of this compact. This applies whether the claimedliability of the party state or employee is based on common law,statute, rule, or regulation.2. The sovereign immunity granted in Article VII(f)(1) of thiscompact does not apply to any of the following:

a. Actions based upon the activities of the party states asgenerators of waste. With regard to those actions, thesovereign immunity of the party states shall not be affectedby this compact.b. Actions based on the obligations of the party states toeach other and the Commission imposed by this compact, orother contracts related to the disposal of waste under thiscompact. With regard to those actions, the party states shallhave no sovereign immunity.c. Actions against a host state, or employee thereof, whenthe host state or employee acted in a grossly negligent orwillful and wanton manner.

g. If in any action described in Article VII(f)(1) and not describedin Article VII(f)(2) of this compact, it is determined that,notwithstanding Article VII(f)(1) of this compact, a party state, oremployee of that state who acted within the scope of employment, isliable for damages or has liability for other matters arising under thiscompact as described in Article VI(s)(3) of this compact, thegenerators who caused waste to be placed at the compact facilitywith respect to which the liability was incurred shall indemnify theparty state or employee against that liability. Those generators alsoshall indemnify the party state or employee against all reasonableattorney's fees and expenses incurred in defending against any suchaction. The indemnification obligation of generators under ArticleVII(g) of this compact shall be joint and several, except that theindemnification obligation of party states with respect to theiractivities as generators of waste shall not be joint and several, butinstead shall be prorated according to the amount of waste each statehas disposed of at the compact facility giving rise to the liability.

Among generators, there shall be rights of contribution based uponequitable principles, and generators shall have rights of contributionagainst any other person responsible for such damages undercommon law, statute, rule, or regulation. A party state that throughits own activities did not generate any waste disposed of at thecompact facility giving rise to the liability, an employee of such aparty state, and the Commission shall have no contribution obligationunder Article VII(g) of this compact. Article VII(g) of this compactshall not be construed as a waiver of the sovereign immunityprovided for in Article VII(f)(1) of this compact.

h. The sovereign immunity of a party state provided for in ArticleVII(f)(1) of this compact shall not be extended to any privatecontractor assigned responsibilities as authorized in Article VI(g) ofthis compact.As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.8.

IC 13-29-1-8Eligible parties, withdrawal, revocation, suspension of access, entryinto force, and termination

Sec. 8.ARTICLE VIII. ELIGIBLE PARTIES, WITHDRAWAL,

REVOCATION, SUSPENSION OF ACCESS,ENTRY INTO FORCE, AND TERMINATION

a. Any state may petition the Commission to be eligible formembership in the compact. The Commission may establishappropriate eligibility requirements. These requirements mayinclude, but are not limited to, an eligibility fee or designation as ahost state. A petitioning state becomes eligible for membership in thecompact upon the approval of the Commission, including theaffirmative vote of the member from each host state in which acompact facility is operating or being developed or constructed. Anystate becoming eligible upon the approval of the Commissionbecomes a member of the compact when the state enacts thiscompact into law and pays the eligibility fee established by thecommission.

b. The Commission is formed upon the appointment ofCommission members and the tender of the membership fee payableto the Commission by three party states. The Governor of the firststate to enact this compact shall convene the initial meeting of theCommission. The Commission shall cause legislation to beintroduced in the Congress which grants the consent of the Congressto this compact, and shall take action necessary to organize theCommission and implement the provision of this compact.

c. A party state that has fully discharged its obligations underArticle VI(i) of this compact or has been relieved under Article VI(e)of this compact of its responsibilities to serve as a host state maywithdraw from this compact by repealing the authorizing legislationand by receiving the unanimous consent of the Commission.Withdrawal takes effect on the date specified in the Commissionresolution consenting to withdrawal. All legal rights of the

withdrawn state established under this compact, including, but notlimited to, the right to have waste generated within its bordersdisposed of at compact facilities, cease upon the effective date ofwithdrawal, but any legal obligations of that party state under thiscompact, including, but not limited to, those set forth in ArticleVIII(e) of this compact continue until they are fulfilled.

d. Any party state that fails to comply with the terms of thiscompact or fails to fulfill its obligations may have reasonablefinancial penalties imposed against it, the right to have wastegenerated within its borders disposed of at compact facilities, or anynoncompact facility made available to the region by any agreemententered into by the Commission pursuant to Article III(h)(6) of thiscompact suspended, or its membership in the compact revoked by atwo-thirds vote of the Commission, provided that the membership ofthe party state designated to host the next compact facility shall notbe revoked unless the member from the host state of any thenoperating compact facility votes in the affirmative. Revocation takeseffect on the date specified in the resolution revoking the party state'smembership. All legal rights of the revoked party state establishedunder this compact, including, but not limited to, the right to havewaste generated within its borders disposed of at compact facilities,cease upon the effective date of revocation, but any legal obligationsof that party state under this compact, including, but not limited to,those set forth in Article VIII(e) of this compact, continue until theyare fulfilled. The chairperson of the Commission shall transmitwritten notice of a revocation of a party state's membership in thecompact, suspension of a party state's waste disposal rights, orimposition of financial penalties immediately following the vote ofthe Commission to the governor of the affected party state, governorsof all the other party states, and the Congress of the United States.

e. A party state that withdraws from this compact or has itsmembership in the compact revoked before it has fully discharged itsobligations under Article VI of this compact forthwith shall repay tothe Commission the portion of the funds provided to that state by theCommission for the development, construction, operation, closing,or long-term care of a compact facility that the Commissiondetermines is fair and equitable, taking into consideration the periodof time the compact facility located in that host state was in operationand the amount of waste disposed of at the facility. If at any timeafter a compact facility begins operating, a party state withdrawsfrom the compact or has its membership revoked, the withdrawing orrevoked party state shall be obligated forthwith to pay to theCommission the amount the Commission determines would havebeen paid under the fee system established by the host state of thefacility to dispose of at the facility the estimated volume of wastegenerated in the withdrawing or revoked party state that would havebeen disposed of at the facility from the time of withdrawal orrevocation until the time the facility is closed. Any funds so paid tothe Commission shall be distributed by the Commission to thepersons who would have been entitled to receive the funds had they

originally been paid to dispose of waste at the facility. Any personreceiving such funds from the Commission shall apply the funds tothe purposes to which they would have been applied had theyoriginally been paid to dispose of waste at the compact facility. Inaddition, a withdrawing or revoked party state forthwith shall pay tothe Commission an amount the Commission determines to benecessary to cover all other costs and damages incurred by theCommission and the remaining party states as a result of thewithdrawal or revocation. The intention of Article VIII(e) of thiscompact is to eliminate any decrease in revenue resulting fromwithdrawal of a party state or revocation of a party state'smembership, to eliminate financial harm to the remaining partystates, and to create an incentive for party states to continue asmembers of the compact and to fulfill their obligations. ArticleVIII(e) of this compact shall be construed and applied so as toeffectuate this intention.

f. Any party state whose right to have waste generated within itsborders disposed of at compact facilities is suspended by theCommission shall pay to the host state of the compact facility towhich access has been suspended the amount the Commissiondetermines is reasonably necessary to ensure that the host state, orany political subdivision thereof, does not incur financial loss as aresult of the suspension of access.

g. This compact becomes effective upon enactment by at leastthree eligible states and consent to this compact by the Congress. Theconsent given to this compact by the Congress shall extend to anyfuture admittance of new party states and to the power of thecommission to regulate the shipment and disposal of waste anddisposal of naturally occurring and accelerator-produced radioactivematerial pursuant to this compact. Amendments to this compact areeffective when enacted by all party states and, if necessary,consented to by the Congress. To the extent required by Section(4)(D) of the Low-Level Radioactive Waste Policy Amendments Actof 1985, every five years after this compact has taken effect, theCongress by law may withdraw its consent.

h. The withdrawal of a party state from this compact, thesuspension of waste disposal rights, the termination of a party state'sdesignation as a host state, or the revocation of a state's membershipin this compact does not affect the applicability of this compact tothe remaining party states.

i. This compact may be dissolved and the obligations arisingunder this compact may be terminated only as follows:

1. Through unanimous agreement of all party states expressedin duly enacted legislation; or2. Through withdrawal of consent to this compact by theCongress under Article I, Section 10 of the United StatesConstitution, in which case dissolution shall take place onehundred twenty days after the effective date of the withdrawalof consent.

Unless explicitly abrogated by the state legislation dissolving this

compact, or if dissolution results from withdrawal of congressionalconsent, the limitations on the investment and use of long-term carefunds in Articles VI(o) and VI(q)(4) of this compact, the contractualobligations in Article V(f) of this compact, the indemnificationobligations and contribution rights in Articles VI(o), VI(s), andVII(g) of this compact, and the operation rights and indemnificationand hold harmless obligations in Article VI(q) of this compact shallremain in force notwithstanding dissolution of this compact.As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.9.

IC 13-29-1-9Penalties and enforcement

Sec. 9.ARTICLE IX. PENALTIES AND ENFORCEMENT

a. Each party state shall prescribe and enforce penalties againstany person who is not an official of another state for violation of anyprovision of this compact.

b. The parties to this compact intend that the courts of the UnitedStates shall specifically enforce the obligations, including theobligations of party states and revoked or withdrawn party states,established by this compact.

c. The Commission, an affected party state, or both may obtaininjunctive relief, recover damages, or both to prevent or remedyviolations of this compact.

d. Each party state acknowledges that the transport into a hoststate of waste packaged or transported in violation of applicablelaws, rules, and regulations may result in the imposition of sanctionsby the host state which may include reasonable financial penaltiesassessed against any generator, transporter, or collector responsiblefor the violation, or suspension or revocation of access to thecompact facility in the host state by any generator, transporter, orcollector responsible for the violation.

e. Each party state has the right to seek legal recourse against anyparty state which acts in violation of this compact.

f. This compact shall not be construed to create any cause ofaction for any person other than a party state or the Commission.Nothing in Article IX(f) of this compact shall limit the right ofjudicial review set forth in Article III(n)(3) of this compact or therights of contribution set forth in Articles III(p), VI(o), VI(s), andVII(g) of this compact.As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996,SEC.10.

IC 13-29-1-10Severability and construction

Sec. 10.ARTICLE X. SEVERABILITY AND CONSTRUCTION

The provisions of this compact shall be severable and if anyprovision of this compact is finally determined by a court ofcompetent jurisdiction to be contrary to the Constitution of any

participating state or of the United States or the application thereofto any person or circumstance is held invalid, the validity of theremainder of this compact to that person or circumstance and theapplicability of the entire compact to any other person orcircumstance shall not be affected thereby. If any provision of thiscompact shall be held contrary to the Constitution of any stateparticipating therein, the compact shall remain in full force and effectas to the state affected as to all severable matters. If any provision ofthis compact imposing a financial obligation upon a party state, or astate that has withdrawn from this compact or had its membership inthis compact revoked, is finally determined by a court of competentjurisdiction to be unenforceable due to the state's constitutionallimitations on its ability to pay the obligation, then that state shall useits best efforts to obtain an appropriation to pay the obligation, and,if the state is a party state, its right to have waste generated within itsborders disposed of at compact facilities, or any noncompact facilitymade available to the region by any agreement entered into by theCommission pursuant to Article III(h)(6) of this compact, shall besuspended until the appropriation is obtained.As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996,SEC.11.

IC 13-29-1-11Commission members; appointment; tenure

Sec. 11. (a) The governor shall appoint a person to serve as theCommission member representing Indiana. The Commission memberappointed by the governor serves a four (4) year term, at the pleasureof the governor.

(b) If the Commission member representing the state of Indiana:(1) dies;(2) resigns; or(3) is removed from office;

before the expiration of the member's term, the governor shallappoint a new Commission member to serve the remainder of theunexpired term.

(c) The governor may appoint an alternate to act on behalf of theCommission member when the Commission member is absent.As added by P.L.1-1996, SEC.19.

IC 13-29-1-12Commission members; per diems and expenses

Sec. 12. (a) A Commission member or alternate appointed by thegovernor under section 11 of this chapter is entitled to the following:

(1) The minimum salary per diem as provided inIC 4-10-11-2.1(b) while performing duties under this chapter.(2) Reimbursement for traveling expenses and other expensesactually incurred in connection with the member's duties, asprovided in the state policies and procedures established by theIndiana department of administration and approved by thebudget agency.

(b) Per diems and expenses under this section shall be paid frommoney appropriated to the department of environmentalmanagement.As added by P.L.1-1996, SEC.19.

IC 13-29-1-13Rules

Sec. 13. The board shall adopt under IC 4-22-2 and IC 13-14-9 therules necessary to implement this chapter.As added by P.L.1-1996, SEC.19. Amended by P.L.133-2012,SEC.157.

IC 13-29-1-14 Version aViolations; offense; penalties

Note: This version of section effective until 7-1-2014. See alsofollowing version of this section, effective 7-1-2014.

Sec. 14. A person who knowingly or intentionally commits any ofthe violations listed in section 3(o) of this chapter commits a ClassD felony. However, notwithstanding IC 35-50-2-7(a), a person whois convicted of a Class D felony under this section may, in additionto the term of imprisonment established under IC 35-50-2-7(a), befined not more than fifty thousand dollars ($50,000) for each day ofviolation.As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996,SEC.12.

IC 13-29-1-14 Version bViolations; offense; penalties

Note: This version of section effective 7-1-2014. See alsopreceding version of this section, effective until 7-1-2014.

Sec. 14. A person who knowingly or intentionally commits any ofthe violations listed in section 3(o) of this chapter commits a Level6 felony. However, notwithstanding IC 35-50-2-7(a), a person whois convicted of a Level 6 felony under this section may, in additionto the term of imprisonment established under IC 35-50-2-7(a), befined not more than fifty thousand dollars ($50,000) for each day ofviolation.As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996,SEC.12; P.L.158-2013, SEC.195.