Page:United States Statutes at Large Volume 99 Part 2.djvu/741

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PUBLIC LAW 99-000—MMMM. DD, 1985

PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1851

such waste pursuant to clause (i), such State shall be paid such amounts as are designated in subparagraph (B)(iv). If a State (or, where applicable, a compact region) in which low-level radioactive waste is generated provides for the disposal of such waste at any time after January 1, 1993 and prior to January 1, 1996, such State (or, where applicable, compact region) shall be paid in accordance with subparagraph (D) a lump sum amount equal to twenty-five per centum of any amount collected by a State under paragraph (1): Provided, however, That such payment shall be adjusted to reflect the remaining number of months between January 1, 1993 and January 1, 1996 for which such State (or, where applicable, compact region) provides for the disposal of such weiste. If a State (or, where applicable, a compact region) in which low-level radioactive waste is generated is unable to provide for the disposal of all such waste generated within such State or compact region by January 1, 1996, each State in which such waste is generated, upon the request of the generator or owner of the waste, shall take title to the waste, be obligated to take possession of the waste, and shall be liable for all damages directly or indirectly incurred by such generator or owner as a consequence of the failure of the State to take possession of the waste as soon after January 1, 1996, as the generator or owner notifies the State that the waste is available for shipment. "(D) RECIPIENTS OF PAYMENTS.—The payments described in

subparagraphs (B) and (C) shall be paid within thirty days after the applicable date— "(i) if the State in which such waste originated is not a member of a compact region, to such State;

  • '(ii) if the State in which such waste originated is a

member of the compact region, to the compact commission serving such State. "(E) USES OF PAYMENTS.—

"(i) LIMITATIONS.—Any amount paid under subparagraphs (B) or (C) may only be used to— "(I) establish low-level radioactive waste disposal facilities; "(II) mitigate the impact of low-level radioactive waste disposal facilities on the host State; "(III) regulate low-level radioactive waste disposal facilities; or "(IV) ensure the decommissioning, closure, and care during the period of institutional control of low-level radioactive waste disposal facilities, "(ii) REPORTS.—

"(I) RECIPIENT.—Any State or compact commission receiving a payment under subparagraphs (B) or (C) shall, on December 31 of each year in which any such funds are expended, submit a report to the Department of Energy itemizing any such expenditures. "(II) DEPARTMENT OF ENERGY.—Not later than six Reports, months after receiving the reports under subclause (I), the Secretary shall submit to the Congress a summary of all such reports that shall include an assessment of the compliance of each such State or compact commission with the requirements of clause (i).