Page:United States Statutes at Large Volume 99 Part 2.djvu/789

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PUBLIC LAW 99-000—MMMM. DD, 1985

PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1899

annual financial audit of the operation of the regional facility to the Commission. The fee system may include incentives for source reduction and may be based on the hsizard of the waste as well as the volume. " j. A host state shall ensure that a regional facility located within its borders which is permanently closed is properly decommissioned. A host state shall also provide for the care of a closed or decommissioned regional facility within its borders so that the public health and safety of the state and region are ensured. "k. A host state intending to close a regional facility located within its borders shall notify the Commission in writing of its intention and the reasons. Notification shall be given to the Commission at leeist five years prior to the intended date of closure. This section shall not prevent an emergency closing of a regional facility by a host state to protect its air, land and water resources and the health and safety of its citizens. However, a host state which has an emergency closing of a regional facility shall notify the Commission in writing within three working days of its action and shall, within 30 working days of its action, demonstrate justification for the closing. "1. If a regional facility closes before an additional or new facility becomes operational, waste generated within the region may be shipped temporarily to any location agreed on by the Commission until a regional facility is operational. "m. A party state which is designated as a host state by the Commission and fails to fulfill its obligations as a host state may have its privileges under the compact suspended or membership in the compact revoked by the Commission.

Health. Safety.

Prohibition.

"ARTICLE VII. OTHER LAWS AND REGULATIONS 'a. Nothing in this compact: " 1. Abrogates or limits the applicability of any act of Congress or diminishes or otherwise impairs the jurisdiction of any federal agency expressly conferred thereon by the Congress; "2. Prevents the enforcement of any other law of a party state which is not inconsistent with this compact; "3. Prohibits any storage or treatment of waste by the generator on its own premises; "4. Affects any administrative or judicial proceeding pending on the effective date of this compact; "5. Alters the relations between and the respective internal responsibility of the government of a party state and its subdivisions; "6. Affects the generation, treatment, storage or disposal of waste generated by the atomic energy defense activities of the Secretary of the U.S. Department of Energy or successor agencies or federal research and development activities as described in section 31 of the Atomic Energy Act of 1954 (42 U.S.C. 2051); or "7. Affects the rights and powers of any party state or its political subdivisions to the extent not inconsistent with this compact, to regulate and license any facility or the transportation of waste within its borders or affects the rights and powers of any party state and its political subdivisions to tax or impose fees on the waste managed at any facility within its borders.

Prohibitions.

Research and development.

Transportation. Taxes.