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1607
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HARRY HUGHES, Governor
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COMMISSION. TO THE EXTENT REGIONAL FACILITIES ARE AVAILABLE, NO
WASTE GENERATED WITHIN A PARTY STATE SHALL BE EXPORTED TO
FACILITIES OUTSIDE THE REGION UNLESS SUCH EXPORTATION IS APPROVED
BY THE COMMISSION AND THE AFFECTED HOST STATE(S).
2. AFTER JANUARY 1, 1986, NO PERSON SHALL DEPOSIT AT
A REGIONAL FACILITY WASTE GENERATED OUTSIDE THE REGION, AND
FURTHER, NO REGIONAL FACILITY SHALL ACCEPT WASTE GENERATED
OUTSIDE THE REGION, UNLESS APPROVED BY THE COMMISSION AND THE
AFFECTED HOST STATE(S).
B. THE RIGHTS, RESPONSIBILITIES AND OBLIGATIONS OF EACH
PARTY STATE TO THIS COMPACT ARE AS FOLLOWS:
1. EACH PARTY STATE SHALL HAVE THE RIGHT TO HAVE ALL
WASTES GENERATED WITHIN ITS BORDERS MANAGED AT REGIONAL
FACILITIES, AND SHALL HAVE THE RIGHT OF ACCESS TO FACILITIES MADE
AVAILABLE TO THE REGION THROUGH AGREEMENTS ENTERED INTO BY THE
COMMISSION PURSUANT TO ARTICLE IV (I) (11). THE RIGHT OF ACCESS
BY A GENERATOR WITHIN A PARTY STATE TO ANY REGIONAL FACILITY IS
LIMITED BY THE GENERATOR'S ADHERENCE TO APPLICABLE STATE AND
FEDERAL LAWS AND REGULATIONS AND THE PROVISIONS OF THIS COMPACT.
2. TO THE EXTENT NOT PROHIBITED BY THE FEDERAL LAW,
EACH PARTY . STATE SHALL INSTITUTE PROCEDURES WHICH WILL REQUIRE
SHIPMENTS OF LOW-LEVEL WASTE GENERATED WITHIN OR PASSING THROUGH
ITS BORDERS TO BE CONSISTENT WITH APPLICABLE FEDERAL PACKAGING
AND TRANSPORTATION REGULATIONS AND APPLICABLE HOST STATE
PACKAGING AND TRANSPORTATION REGULATIONS FOR MANAGEMENT OF
LOW-LEVEL WASTE; PROVIDED, HOWEVER, THAT THESE PRACTICES SHALL
NOT IMPOSE UNREASONABLE, BURDENSOME IMPEDIMENTS TO THE MANAGEMENT
OF LOW-LEVEL WASTE IN THE REGION. UPON NOTIFICATION BY A HOST
STATE THAT A GENERATOR, SHIPPER, OR CARRIER WITHIN THE PARTY
STATE IS IN VIOLATION OF APPLICABLE PACKAGING OR TRANSPORTATION
REGULATIONS, THE PARTY STATE SHALL TAKE APPROPRIATE ACTION TO
ENSURE THAT SUCH VIOLATION DOES NOT RECUR.
3. EACH PARTY STATE MAY IMPOSE REASONABLE FEES UPON
GENERATORS, SHIPPERS, OR CARRIERS TO RECOVER THE COST OF
INSPECTIONS AND OTHER PRACTICES UNDER THIS COMPACT.
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.
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