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1611
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HARRY HUGHES, Governor
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11. THE COMMISSION MAY ENTER INTO AGREEMENTS WITH ANY
PERSON, STATE, REGIONAL BODY, OR GROUP OF STATES FOR THE
IMPORTATION OF WASTE INTO THE REGION AND FOR THE RIGHT OF ACCESS
TO FACILITIES OUTSIDE THE REGION FOR WASTE GENERATED WITHIN THE
REGION. SUCH AUTHORIZATION TO IMPORT REQUIRES A TWO-THIRDS
MAJORITY VOTE OF THE COMMISSION, INCLUDING AN AFFIRMATIVE VOTE OF
THE REPRESENTATIVES OF THE HOST STATE IN WHICH ANY AFFECTED
REGIONAL FACILITY IS LOCATED. THIS SHALL BE DONE ONLY AFTER THE
COMMISSION AND THE HOST STATE HAVE MADE AN ASSESSMENT OF THE
AFFECTED FACILITIES' CAPABILITY TO HANDLE SUCH WASTES AND OF
RELEVANT ENVIRONMENTAL, ECONOMIC, AND PUBLIC HEALTH FACTORS, AS
DEFINED BY THE APPROPRIATE REGULATORY AUTHORITIES.
12. THE COMMISSION MAY, UPON PETITION, GRANT AN
INDIVIDUAL GENERATOR OR GROUP OF GENERATORS IN THE REGION THE
RIGHT TO EXPORT WASTES TO A FACILITY LOCATED OUTSIDE THE REGION.
SUCH GRANT OF RIGHT SHALL BE FOR A PERIOD OF TIME AND AMOUNT OF
WASTE AND ON SUCH OTHER TERMS AND CONDITIONS AS DETERMINED BY THE
COMMISSION AND APPROVED BY THE AFFECTED HOST STATES.
13. THE COMMISSION MAY APPEAR AS AN INTERVENOR OR
PARTY IN INTEREST BEFORE ANY COURT OF LAW, FEDERAL, STATE OR
LOCAL AGENCY, BOARD OR COMMISSION THAT HAS JURISDICTION OVER THE
MANAGEMENT OF WASTES. SUCH AUTHORITY TO INTERVENE OR OTHERWISE
APPEAR SHALL BE EXERCISED ONLY AFTER A TWO-THIRDS VOTE OF THE
COMMISSION. IN ORDER TO REPRESENT ITS VIEWS, THE COMMISSION MAY
ARRANGE FOR ANY EXPERT TESTIMONY, REPORTS, EVIDENCE, OR OTHER
PARTICIPATION AS IT DEEMS NECESSARY.
14. THE COMMISSION MAY IMPOSE SANCTIONS, INCLUDING
BUT NOT LIMITED TO FINES, SUSPENSION OF PRIVILEGES OR REVOCATION
OF THE MEMBERSHIP OF A PARTY STATE IN ACCORDANCE WITH ARTICLE
VII. THE COMMISSION SHALL HAVE THE AUTHORITY TO REVOKE, IN
ACCORDANCE WITH ARTICLE VII(G), THE MEMBERSHIP OF A PARTY STATE
THAT CREATES UNREASONABLE BARRIERS TO THE SITING OF A NEEDED
REGIONAL FACILITY OR REFUSES TO ACCEPT HOST STATE
RESPONSIBILITIES UPON DESIGNATION BY THE COMMISSION.
15. THE COMMISSION SHALL ESTABLISH BY REGULATION
CRITERIA FOR AND SHALL REVIEW THE FEE AND SURCHARGE SYSTEMS IN
ACCORDANCE WITH ARTICLES V AND IX.
16. THE COMMISSION SHALL REVIEW THE CAPABILITY OF
PARTY STATES TO ENSURE THE SITING, OPERATION, POST-CLOSURE
OBSERVATION AND MAINTENANCE, AND INSTITUTIONAL CONTROL OF ANY
FACILITY WITHIN ITS BORDERS.
17. THE COMMISSION SHALL REVIEW THE COMPACT
LEGISLATION EVERY 5 YEARS PRIOR TO FEDERAL CONGRESSIONAL REVIEW,
PROVIDED FOR IN THE ACT, AND MAY RECOMMEND LEGISLATIVE ACTION.
18. THE COMMISSION HAS THE AUTHORITY TO DEVELOP AND
PROVIDE TO PARTY STATES SUCH RULES, REGULATIONS, AND GUIDELINES
AS IT DEEMS APPROPRIATE FOR THE EFFICIENT, CONSISTENT, FAIR AND
REASONABLE IMPLEMENTATION OF THE COMPACT.
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