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1593
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HARRY HUGHES, Governor
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1. ANY PERSON AGGRIEVED BY A FINAL ADMINISTRATIVE
DECISION MAY OBTAIN REVIEW OF THE DECISION BY FILING A PETITION
FOR REVIEW WITHIN 60 DAYS AFTER THE COMMISSION'S FINAL DECISION.
2. IN THE EVENT THAT REVIEW IS SOUGHT OF THE
COMMISSION'S DECISION RELATIVE TO THE DESIGNATION OF A HOST
STATE, THE COURT OF APPEALS SHALL ACCORD THE MATTER AN EXPEDITED
REVIEW, AND, IF THE COURT DOES NOT RULE WITHIN 90 DAYS AFTER A
PETITION FOR REVIEW HAS BEEN FILED, THE COMMISSION'S DECISION
SHALL BE DEEMED TO BE AFFIRMED.
3. THE COURTS SHALL NOT SUBSTITUTE THEIR JUDGMENT FOR
THAT OF THE COMMISSION AS TO THE DECISIONS OF POLICY OR WEIGHT OF
THE EVIDENCE ON QUESTIONS OF FACT. THE COURT MAY AFFIRM THE
DECISION OF THE COMMISSION OR REMAND THE CASE FOR FURTHER
PROCEEDINGS IF IT FINDS THAT THE PETITIONER HAS BEEN AGGRIEVED
BECAUSE THE FINDINGS, INFERENCES, CONCLUSIONS OR DECISION OF THE
COMMISSION ARE:
(A) IN VIOLATION OF THE CONSTITUTION OF THE
UNITED STATES;
(B) IN EXCESS OF THE AUTHORITY GRANTED TO THE
COMMISSION BY THIS COMPACT;
(C) MADE UPON UNLAWFUL PROCEDURE TO THE
DETRIMENT OF ANY PERSON;
(D) ARBITRARY OR CAPRICIOUS OR CHARACTERIZED BY
ABUSE OF DISCRETION OR CLEARLY UNWARRANTED EXERCISE OF
DISCRETION.
4. THE COMMISSION SHALL BE DEEMED TO BE ACTING IN A
LEGISLATIVE CAPACITY EXCEPT IN THOSE INSTANCES WHERE IT DECIDES,
PURSUANT TO ITS RULES AND REGULATIONS, THAT ITS DETERMINATIONS
ARE ADJUDICATORY IN NATURE.
7-305.
ARTICLE V.
HOST STATE SELECTION AND DEVELOPMENT AND
OPERATION OF REGIONAL FACILITIES
A. THE COMMISSION SHALL DEVELOP, ADOPT, MAINTAIN AND
IMPLEMENT A REGIONAL MANAGEMENT PLAN TO ENSURE THE SAFE AND
EFFICIENT MANAGEMENT OF WASTE WITHIN THE REGION. THE PLAN SHALL
INCLUDE THE FOLLOWING:
1. A CURRENT INVENTORY OF ALL GENERATORS WITHIN THE
REGION;
2. A CURRENT INVENTORY OF ALL FACILITIES WITHIN THE
REGION, INCLUDING INFORMATION ON THE SIZE, CAPACITY, LOCATION,
SPECIFIC WASTE BEING HANDLED, AND PROJECTED USEFUL LIFE OF EACH
FACILITY;
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