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1601
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HARRY HUGHES, Governor
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PERMITTED BY APPLICABLE FEDERAL OR STATE REGULATIONS TO BE
DISCARDED WITHOUT REGARD TO ITS RADIOACTIVITY.
C. UNLESS SPECIFICALLY APPROVED BY THE COMMISSION AND
AFFECTED HOST STATE(S) PURSUANT TO ARTICLE IV, IT SHALL BE A
VIOLATION OF THIS COMPACT FOR: (1) ANY PERSON TO DEPOSIT AT A
REGIONAL FACILITY WASTE NOT GENERATED WITHIN THE REGION; (2) ANY
REGIONAL FACILITY TO ACCEPT WASTE NOT GENERATED WITHIN THE
REGION; AND (3) ANY PERSON TO EXPORT FROM THE REGION WASTE
GENERATED WITHIN THE REGION.
D. PRIMARY RESPONSIBILITY FOR ENFORCING VIOLATIONS
PROVISIONS OF THE LAW WILL REST WITH THE AFFECTED STATE OR
STATES. THE COMMISSION, UPON A TWO-THIRDS VOTE OF ITS MEMBERS,
MAY BRING ACTION TO SEEK ENFORCEMENT OR APPROPRIATE REMEDIES
AGAINST VIOLATORS OF THE PROVISIONS AND REGULATIONS FOR THIS
COMPACT AS PROVIDED FOR IN ARTICLE IV.
7-309.
ARTICLE IX.
COMPENSATION PROVISIONS
A. THE RESPONSIBILITY FOR ENSURING COMPENSATION AND CLEANUP
DURING THE OPERATIONAL AND POST-CLOSURE PERIODS RESTS WITH THE
HOST STATE, AS SET FORTH HEREIN.
1. THE HOST STATE SHALL ENSURE THE AVAILABILITY OF
FUNDS AND PROCEDURES FOR COMPENSATION OF INJURED PERSONS,
INCLUDING FACILITY EMPLOYEES, AND PROPERTY DAMAGE (EXCEPT ANY
POSSIBLE CLAIMS FOR DIMINUTION OF PROPERTY VALUES) DUE TO THE
EXISTENCE AND OPERATION OF A REGIONAL FACILITY, AND FOR CLEANUP
CLEAN-UP AND RESTORATION OF THE FACILITY AND SURROUNDING AREAS.
2. THE STATE MAY SATISFY THIS OBLIGATION BY REQUIRING
BONDS, INSURANCE, COMPENSATION FUNDS, OR ANY OTHER MEANS OR
COMBINATION OF MEANS, IMPOSED EITHER ON THE FACILITY OPERATOR OR
ASSUMED BY THE STATE ITSELF, OR BOTH. NOTHING IN THIS ARTICLE
ALTERS THE LIABILITY OF ANY PERSON OR GOVERNMENTAL ENTITY UNDER
APPLICABLE STATE AND FEDERAL LAWS.
B. THE COMMISSION SHALL PROVIDE A MEANS OF COMPENSATION FOR
PERSONS INJURED OR PROPERTY DAMAGED DURING THE INSTITUTIONAL
CONTROL PERIOD DUE TO THE RADIOACTIVE AND WASTE MANAGEMENT NATURE
OF THE REGIONAL FACILITY. THIS RESPONSIBILITY MAY BE MET BY A
SPECIAL FUND, INSURANCE, OR OTHER MEANS.
1. THE COMMISSION IS AUTHORIZED, AT ITS DISCRETION,
TO IMPOSE A WASTE MANAGEMENT SURCHARGE, TO BE COLLECTED BY THE
OPERATOR OR OWNER OF THE REGIONAL FACILITY; TO ESTABLISH A
SEPARATE INSURANCE ENTITY, FORMED BY BUT SEPARATE FROM THE
COMMISSION ITSELF, BUT UNDER SUCH TERMS AND CONDITIONS AS IT
DECIDES, AND EXEMPT FROM STATE INSURANCE REGULATION; TO CONTRACT
WITH THIS COMPANY OR OTHER ENTITY FOR COVERAGE; OR TO TAKE ANY
OTHER MEASURES, OR COMBINATION OF MEASURES, TO IMPLEMENT THE
GOALS OF THIS SECTION.
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