Page:United States Statutes at Large Volume 99 Part 2.djvu/810

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PUBLIC LAW 99-000—MMMM. DD, 1985

99 STAT. 1920

PUBLIC LAW 99-240—JAN. 15, 1986 recommendations on the proposed state surcharge. "3. The Commission shall impose a commission surcharge per unit of waste received at any regional facility. The total monies collected shall be adequate to pay the costs and expenses of the Commission and shall be remitted to the Commission on a timely basis as determined by the Commission. The surcharge may be increased or decreased as the Commission deems necessary. "4. Nothing herein shall be construed to limit the ability of the host state, or the political subdivision in which the regional facility is situated, to impose surcharges for purposes including, but not limited to, host community compensation and host community development incentives. Such surcharges shall be reasonable and shall not be imposed unless the Commission has been provided reasonable opportunity to review and make recommendations on the proposed surcharge. Such surcharge may be recovered through the approved fee and surcharge schedules provided for in this section. "ARTICLE VI. OTHER LAWS AND REGULATIONS

Prohibition. 42 USC 2021. Prohibition. Prohibition. Prohibition.

Research and development. 42 USC 2021b note. Taxes. Transportation.

Prohibition.

Prohibition.

"a. Nothing in this compact shall be construed to abrogate or limit the regulatory responsibility or authority of the U.S. Nuclear Regulatory Commission or of an Agreement State under Section 274 of the Atomic Energy Act of 1954, as amended. "b. The laws or portions of those laws of a pgirty state that are not inconsistent with this compact remain in full force. "c. Nothing in this compact shall make unlawful the continued development and operation of any facility already licensed for development or operation on the date this compact becomes effective. "d, No judicial or administrative proceeding pending on the effective date of the compact shall be affected by the compact. "e. Except as provided for in Article III(b)(2) and (c)(3), this compact shall not affect the relations between and the respective internal responsibilities of the government of a party state and its subdivisions. "f. The generation, treatment, storage, transportation, or disposal of waste generated by the atomic energy defense activities of the federal government, as defined in P.L. 96-573, or federal research and development activities are not affected by this compact. "g. To the extent that the rights and powers of any state or political subdivision to license and regulate any facility within its borders and to impose taxes, fees, and surcharges on the waste managed at that regional facility do not operate as an unreasonable impediment to the transportation, treatment or disposal of weiste, such rights and powers shall not be diminished by this compact. "h. No party State shall enact any law or regulation or attempt to enforce any measure which is inconsistent with this compact. Such measures may provide the basis for the Commission to suspend or terminate a party state's membership and privileges under this compact. "i. All laws and regulations, or parts thereof of any party state or subdivision or instrumentality thereof which are inconsistent with this compact are hereby repealed and declared null and void. Any legal right, obligation, violation or penalty arising under such laws or regulations prior to the enactment of this compact, or not in conflict with it, shall not be affected. " j. Subject to Article III(c)(2), no law or regulation of a party state