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1617
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HARRY HUGHES, Governor
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F. FEES AND SURCHARGES SHALL BE IMPOSED EQUITABLY UPON ALL
USERS OF A REGIONAL FACILITY, BASED UPON CRITERIA ESTABLISHED BY
THE COMMISSION.
1. A HOST STATE SHALL, ACCORDING TO ITS LAWFUL
ADMINISTRATIVE PROCEDURES, APPROVE FEE SCHEDULES TO BE CHARGED TO
ALL USERS OF THE REGIONAL FACILITY WITHIN ITS BORDERS. EXCEPT AS
PROVIDED HEREIN, SUCH FEE SCHEDULES SHALL BE ESTABLISHED BY THE
OPERATOR OF A REGIONAL FACILITY UNDER APPLICABLE STATE
REGULATION, AND SHALL BE REASONABLE AND SUFFICIENT TO COVER ALL
COSTS RELATED TO THE DEVELOPMENT, OPERATION, CLOSURE,
POST-CLOSURE OBSERVATION AND MAINTENANCE, AND INSTITUTIONAL
CONTROL OF THE REGIONAL FACILITY. THE HOST STATE SHALL DETERMINE
A SCHEDULE FOR CONTRIBUTIONS TO THE POST-CLOSURE OBSERVATION AND
MAINTENANCE, AND INSTITUTIONAL CONTROL FUNDS. SUCH FEE SCHEDULES
SHALL NOT BE APPROVED UNLESS THE COMMISSION HAS BEEN GIVEN
REASONABLE OPPORTUNITY TO REVIEW AND MAKE RECOMMENDATIONS ON THE
PROPOSED FEE SCHEDULES.
2. A HOST STATE MAY, ACCORDING TO ITS LAWFUL
ADMINISTRATIVE PROCEDURES, IMPOSE A STATE SURCHARGE PER UNIT OF
WASTE RECEIVED AT ANY REGIONAL FACILITY WITHIN ITS BORDERS. THE
STATE SURCHARGE SHALL BE IN ADDITION TO THE FEES CHARGED FOR
WASTE MANAGEMENT. THE SURCHARGE SHALL BE SUFFICIENT TO COVER ALL
REASONABLE COSTS ASSOCIATED WITH ADMINISTRATION AND REGULATION OF
THE FACILITY. THE SURCHARGE SHALL NOT BE ESTABLISHED UNLESS THE
COMMISSION HAS BEEN PROVIDED REASONABLE OPPORTUNITY TO REVIEW AND
MAKE RECOMMENDATION ON THE PROPOSED STATE SURCHARGE.
3. THE COMMISSION SHALL IMPOSE A COMMISSION SURCHARGE
PER UNIT OF WASTE RECEIVED AT ANY REGIONAL FACILITY. THE TOTAL
FUNDS COLLECTED SHALL, BE ADEQUATE TO PAY THE COSTS AND EXPENSES
OF THE COMMISSION AND SHALL BE REMITTED TO THE COMMISSION ON A
TIMELY BASIS AS DETERMINED BY THE COMMISSION. THE SURCHARGE MAY
BE INCREASED OR DECREASED AS THE COMMISSION DEEMS NECESSARY.
4. NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT THE
ABILITY OF THE HOST STATE, OR THE POLITICAL SUBDIVISION IN WHICH
THE FACILITY IS SITUATED, TO IMPOSE SURCHARGE FOR PURPOSES
INCLUDING, BUT NOT LIMITED TO, HOST COMMUNITY COMPENSATION AND
HOST COMMUNITY DEVELOPMENT INCENTIVES. SUCH SURCHARGES SHALL BE
REASONABLE AND SHALL NOT BE IMPOSED UNLESS THE COMMISSION HAS
BEEN PROVIDED REASONABLE OPPORTUNITY TO REVIEW AND MAKE
RECOMMENDATION ON THE PROPOSED SURCHARGE. SUCH SURCHARGE MAY BE
RECOVERED THROUGH THE APPROVED FEE AND SURCHARGE SCHEDULES
PROVIDED FOR IN THIS SECTION.
7-306.
ARTICLE VI.
OTHER LAWS AND REGULATIONS
A. NOTHING IN THIS COMPACT SHALL BE CONSTRUED TO ABROGATE
OR LIMIT THE REGULATORY RESPONSIBILITY OR AUTHORITY OF THE U.S.
NUCLEAR REGULATORY COMMISSION OR OF AN AGREEMENT STATE UNDER
SECTION 2 74 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED.
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