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1587
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HARRY HUGHES, Governor
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4. EACH PARTY STATE SHALL ENCOURAGE GENERATORS WITHIN
ITS BORDERS TO MINIMIZE THE VOLUMES OF WASTE REQUIRING DISPOSAL.
5. EACH PARTY STATE HAS THE RIGHT TO RELY ON THE GOOD
FAITH PERFORMANCE BY EVERY OTHER PARTY STATE OF ACTS WHICH ENSURE
THE PROVISION OF FACILITIES FOR REGIONAL AVAILABILITY AND THEIR
USE IN A MANNER CONSISTENT WITH THIS COMPACT.
6. EACH PARTY STATE SHALL PROVIDE TO THE COMMISSION
ANY DATA AND INFORMATION NECESSARY FOR THE IMPLEMENTATION OF THE
COMMISSION'S RESPONSIBILITIES, AND SHALL ESTABLISH THE CAPABILITY
TO OBTAIN ANY DATA AND INFORMATION NECESSARY TO MEET ITS
OBLIGATION AS HEREIN DEFINED.
7. EACH PARTY STATE SHALL HAVE THE CAPABILITY TO HOST
A REGIONAL FACILITY IN A TIMELY MANNER AND TO ENSURE THE
POST-CLOSURE OBSERVATION AND MAINTENANCE, AND INSTITUTIONAL
CONTROL OF ANY FACILITY WITHIN ITS BORDERS.
8. NO NON-HOST PARTY STATE SHALL BE LIABLE FOR ANY
INJURY TO PERSONS OR PROPERTY RESULTING FROM THE OPERATION OF A
REGIONAL FACILITY OR THE TRANSPORTATION OF WASTE TO A REGIONAL
FACILITY; HOWEVER, IF THE HOST STATE ITSELF IS THE OPERATOR OF
THE REGIONAL FACILITY, ITS LIABILITY SHALL BE THAT OF ANY PRIVATE
OPERATOR.
C. THE RIGHTS, RESPONSIBILITIES AND OBLIGATIONS OF A HOST
STATE ARE AS FOLLOWS:
1. TO THE EXTEND EXTENT NOT PROHIBITED BY FEDERAL
LAW, A HOST STATE SHALL ENSURE THE TIMELY DEVELOPMENT AND THE
SAFE OPERATION, CLOSURE, POST-CLOSURE OBSERVATION AND
MAINTENANCE, AND INSTITUTIONAL CONTROL OF ANY REGIONAL FACILITY
WITHIN ITS BORDERS.
2. IN ACCORDANCE WITH PROCEDURES ESTABLISHED IN
ARTICLE V AND IX, THE HOST STATE SHALL PROVIDE FOR THE
ESTABLISHMENT OF A REASONABLE STRUCTURE OF FEES SUFFICIENT TO
COVER ALL COSTS RELATED TO THE DEVELOPMENT, OPERATION, CLOSURE,
POST-CLOSURE OBSERVATION AND MAINTENANCE, AND INSTITUTIONAL
CONTROL OF A REGIONAL FACILITY. IT MAY ALSO ESTABLISH SURCHARGES
TO COVER THE REGULATORY COSTS, INCENTIVES, AND COMPENSATION
ASSOCIATED WITH A REGIONAL FACILITY; PROVIDED, HOWEVER, THAT
WITHOUT THE EXPRESS APPROVAL OF THE COMMISSION, NO DISTINCTION IN
FEES OR SURCHARGES SHALL BE MADE BETWEEN PERSONS OF THE SEVERAL
STATES PARTY TO THIS COMPACT.
3. TO THE EXTENT NOT PROHIBITED BY FEDERAL LAW, A
HOST STATE MAY ESTABLISH REQUIREMENTS AND REGULATIONS PERTAINING
TO THE MANAGEMENT OF WASTE AT A REGIONAL FACILITY; PROVIDED,
HOWEVER, THAT SUCH REQUIREMENTS SHALL NOT IMPOSE UNREASONABLE
IMPEDIMENTS TO THE MANAGEMENT OF LOW-LEVEL WASTE WITHIN THE
REGION. NOR MAY A HOST STATE OR A SUBDIVISION IMPOSE SUCH
RESTRICTIVE REQUIREMENTS ON THE SITING OR OPERATION OF A REGIONAL
FACILITY THAT, ALONE OR AS A WHOLE, THEY SERVE AS UNREASONABLE
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