Page:United States Statutes at Large Volume 99 Part 2.djvu/808

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PUBLIC LAW 99-000—MMMM. DD, 1985

99 STAT. 1918 Health. Safety.

Health. Safety.



PUBLIC LAW 99-240—JAN. 15, 1986

"3. consistent with considerations for public health and safety as defined by appropriate regulatory authorities, a determination of the type and number of regional facilities which are presently necessary and projected to be necessary to manage waste generated within the region; "4. reference guidelines, as defined by appropriate regulatory authorities, for the party states for establishing the criteria and procedures to evaluate locations for regional facilities, "b. The Commission shall develop and adopt criteria and procedures for reviewing a party state which volunteers to host a regional facility within its borders. These criteria shall be developed with public notice and shall include the following factors: the capability of the volunteering party state to host a regional facility in a timely manner and to ensure ite post-closure observation and maintenance, and institutional control; and the anticipated economic feasibility of the proposed facility. ' 1. Any party state may volunteer to host a regional facility within ite borders. The Commission may set terms and conditions to encourage a party state to volunteer to be the first host state. "2. Consistent with the review required above, the Commission shall, upon a two-thirds affirmative vote, designate a volunteering party state to serve as a host state, "c. If all regional facilities required by the regional management plan are not developed pursuant to section (b), or upon notification that an existing facility will be closed, or upon determination that an additional regional facility is or may be required, the Commission shall convene to consider designation of a host state. " 1. The Commission shall develop and adopt procedures for designating a party state to be a host state for a regional facility. The Commission shall base ite decision on the following criteria: "a. the health, safety and welfare of citizens of the party states as defined by the appropriate regulatory authorities; "b. the environmental, economic, and social effecte of a regional facility on the party states; The Commission shall also base ite decision on the following criteria: "c. economic benefite and coste; "d. the volumes and types of waste generated within each party state; "e. the minimization of waste transportation; and "f. the existence of regional facilities within the party states. "2. Following ite established criteria and procedures, the Commission shall designate by a two-thirds affirmative vote a party state to serve as a host state. A current host state shall have the right of first refusal for a succeeding regional facility. "3. The Commission shall conduct such hearings and studies, and take such evidence and testimony as is required by ite approved procedures prior to designating a host state. Public hearings shall be held upon request in each candidate host state prior to final evaluation and selection. "4. A party state which has been designated as a host state by the Commission and which fails to fulfill ite obligations as a host state may have ite privileges under the compact suspended or membership in the compact revoked by the Commission, "d. E^ch host state shall be responsible for the timely identification of a site and the timely development and operation of a regional