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1622
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Ch. 515
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LAWS OF MARYLAND
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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.
2. THE EXISTENCE OF THIS FUND OR OTHER MEANS OF
COMPENSATION SHALL NOT IMPLY ANY LIABILITY BY THE COMMISSION, THE
NON-HOST PARTY STATES, OR ANY OF THEIR OFFICIALS AND STAFF, WHICH
ARE EXEMPTED FROM LIABILITY BY OTHER PROVISIONS OF THIS COMPACT.
CLAIMS OR SUITS FOR COMPENSATION SHALL BE DIRECTED AGAINST THE
FUND, THE INSURANCE COMPANY, OR OTHER ENTITY, UNLESS THE
COMMISSION, BY REGULATION, DIRECTS OTHERWISE.
C. NOTWITHSTANDING ANY OTHER PROVISIONS, THE COMMISSION
FUND, INSURANCE, OR OTHER MEANS OF COMPENSATION SHALL ALSO BE
AVAILABLE FOR THIRD PARTY RELIEF DURING THE OPERATIONAL AND
POST-CLOSURE PERIODS, AS THE COMMISSION MAY DIRECT, BUT ONLY TO
THE EXTENT THAT NO OTHER FUNDS, INSURANCE, TORT COMPENSATION OR
OTHER MEANS ARE AVAILABLE FROM THE HOST STATE OR OTHER ENTITIES,
UNDER SECTION I A OF THIS ARTICLE OR OTHERWISE; PROVIDED, THAT
THIS COMMISSION CONTRIBUTION SHALL NOT APPLY TO CLEAN-UP OR
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