HRS §339K-1 Enactment of compact
339K-1. Enactment of compact
The Northwest Interstate Compact on Low-Level Radioactive Waste Management is hereby enacted into law and entered into by the State of Hawaii as a party, and is in full force and effect between the State and any other state joining therein in accordance with the terms of the compact, which compact is substantially as follows:
ARTICLE I.
POLICY AND PURPOSE
The party states recognize that low-level
radioactive wastes are generated by essential activities and services that
benefit the citizens of the states. It is further recognized that the
protection of the health and safety of the citizens of the party states and the
most economical management of low-level radioactive wastes can be accomplished
through cooperation of the states in minimizing the amount of handling and
transportation required to dispose of such wastes and through the cooperation
of the states in providing facilities that serve the region. It is the policy
of the party states to undertake the necessary cooperation to protect the
health and safety of the citizens of the party states and to provide for the
most economical management of low-level radioactive wastes on a continuing
basis. It is the purpose of this compact to provide the means for such a
cooperative effort among the party states so that the protection of the
citizens of the states and the maintenance of the viability of the states'
economies will be enhanced while sharing the responsibilities of low-level
radioactive waste management.
ARTICLE II.
DEFINITIONS
As used in this compact:
(a) "Facility" means any site,
location, structure, or property used or to be used for the storage, treatment,
or disposal of low-level waste, excluding federal waste facilities.
(b) "Low-level waste" means waste
material which contains radioactive-nuclides emitting primarily beta or gamma
radiation, or both, in concentrations or quantities which exceed applicable
federal or state standards for unrestricted release. Low-level waste does not
include waste containing more than ten nanocuries of transuranic contaminants
per gram of material, nor spent reactor fuel, nor material classified as either
high-level waste or waste which is unsuited for disposal by near-surface burial
under any applicable federal regulations;
(c) "Generator" means any person,
partnership, association, corporation, or any other entity whatsoever, which,
as a part of its activities, produces low-level radioactive waste;
(d) "Host state" means a state in
which a facility is located.
ARTICLE III.
REGULATORY PRACTICES
Each party state hereby agrees to adopt
practices which will require low-level waste shipments originating within its
borders and destined for a facility within another party state to conform to
the applicable packaging and transportation requirements and regulations of the
host state. Such practices shall include:
(a) Maintaining an inventory of all generators
within the state that have shipped or expect to ship low-level waste to
facilities in another party state;
(b) Periodic unannounced inspection of the
premises of such generators and the waste management activities thereon;
(c) Authorization of the containers in which
such waste may be shipped, and a requirement that generators use only that type
of container authorized by the state;
(d) Assurance that inspection of the carriers
which transport such waste are conducted by proper authorities, and appropriate
enforcement action taken for violations;
(e) After receiving notification from a host
state that a generator within the party state is in violation of applicable
packaging or transportation standards, the party state will take appropriate
action to assure that such violations do not recur. Such action may include
inspection of every individual low-level waste shipment by that generator.
Each party state may impose fees upon
generators and shippers to recover the cost of the inspections and other
practices under this article. Nothing in this article shall be construed to
limit any party state's authority to impose additional or more stringent
standards on generators or carriers than those required under this article.
ARTICLE IV.
REGIONAL FACILITIES
(a) Facilities located in any party state,
other than facilities established or maintained by individual low-level waste
generators for the management of their own low-level waste, shall accept
low-level waste generated in any party state if such waste has been packaged
and transported according to applicable laws and regulations.
(b) After July 1, 1983, no facility
located in any party state may accept low-level waste generated outside of the
region comprised of the party states, except as provided in article V.
(c) Until such time as paragraph (b) of
article IV takes effect, facilities located in any party state may accept
low-level waste generated outside of any of the party states only if such waste
is accompanied by a certificate of compliance issued by an official of the
state in which such waste shipment originated. Such certificate shall be in
such form as may be required by the host state, and shall contain at least the
following:
(1) The generator's name and address;
(2) A description of the contents of the low-level
waste container;
(3) A statement that the low-level waste being
shipped has been inspected by the official who issued the certificate or by his
agent or by a representative of the United States nuclear regulatory
commission, and found to have been packaged in compliance with applicable
federal regulations and such additional requirements as may be imposed by the
host state;
(4) A binding agreement by the state of origin to
reimburse any party state for any liability or expense incurred as a result of
an accidental release of such waste during shipment or after such waste reaches
the facility.
(d) Each party state shall cooperate with the
other party states in determining the appropriate site of any facility that
might be required within the region comprised of the party states, in order to
maximize public health and safety while minimizing the use of any one party
state as the host of such facilities on a permanent basis. Each party state
further agrees that decisions regarding low-level waste management facilities
in their region will be reached through a good faith process which takes into account
the burdens borne by each of the party states as well as the benefits each has
received.
(e) The party states recognize that the issue
of hazardous chemical waste management is similar in many respects to that of
low-level waste management. Therefore, in consideration of the State of
Washington allowing access to its low-level waste disposal facility by
generators in other party states, party states such as Oregon and Idaho which
host hazardous chemical waste disposal facilities will allow access to such
facilities by generators within other party states. Nothing in this compact
shall be construed to prevent any party state from limiting the nature and type
of hazardous chemical or low-level wastes to be accepted at facilities within
its borders or from ordering the closure of such facilities, so long as such
action by a host state is applied equally to all generators within the region
comprised of the party states.
(f) Any host state may establish a schedule of
fees and requirements related to its facility, to assure that closure,
perpetual care, and maintenance and contingency requirements are met, including
adequate bonding.
ARTICLE V.
NORTHWEST LOW-LEVEL WASTE COMPACT COMMITTEE
The governor of each party state shall
designate one official of that state as the person responsible for
administration of this compact. The officials so designated shall together
comprise the Northwest low-level waste compact committee. The committee shall
meet as required to consider matters arising under this compact. The officials
shall inform the committee of existing regulations concerning low-level waste
management in their states, and shall afford all other officials a reasonable
opportunity to review and comment upon any proposed modification in such
regulations. Notwithstanding any provision of article IV to the contrary, the
committee may enter into arrangements with states, provinces, individual
generators, or regional compact entities outside the region comprised of the
party states, for access to facilities on such terms and conditions as the
committee may deem appropriate. However, it shall require a two-thirds vote of
all such members, including the affirmative vote of the member of any party
state in which a facility affected by such arrangement is located, for the
committee to enter into such arrangement.
ARTICLE VI.
ELIGIBLE PARTIES AND EFFECTIVE DATE
(a) Each of the following states is eligible
to become a party to this compact: Alaska, Hawaii, Idaho, Montana, Oregon,
Utah, Washington, and Wyoming. As to any eligible party, this compact shall
become effective upon enactment into law by that party, but it shall not become
initially effective until enactment into law by two states. Any party state
may withdraw from this compact by enacting a statute repealing its approval.
(b) After the compact has initially taken
effect pursuant to paragraph (a) of this article, any eligible party state may
become a party to this compact by the execution of an executive order by the
governor of the state. Any state which becomes a party in this manner shall
cease to be a party upon the final adjournment of the next general or regular
session of its legislature or July 1, 1983, whichever, occurs first,
unless the compact has by then been enacted as a statute by that state.
(c) This compact shall take effect upon
consent by congress. As provided in Public Law 96-573, congress may withdraw
its consent to the compact after every five year period.
ARTICLE VII.
SEVERABILITY
If any provision of this compact, or its
application to any person or circumstance, is held to be invalid, all other
provisions of this compact, and the application of all of its provisions to all
other persons and circumstances, shall remain valid; and to this end the
provisions of this compact are severable.
[L 1982, c 234, pt of §1]