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Session Laws, 1986
Volume 768, Page 219   View pdf image
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HARRY HUGHES, Governor

219

SUBSTANTIALLY CONFORMS TO THE FREEDOM OF INFORMATION ACT (PUBLIC
LAW 89-554, 5 U.S.C. § 552) AND APPLICABLE PENNSYLVANIA LAW, AND
MAY BE COPIED UPON REQUEST AND PAYMENT OF FEES WHICH SHALL BE NO
HIGHER THAN NECESSARY TO RECOVER COPYING COSTS.

(D)  THE COMMISSION SHALL SELECT AN APPROPRIATE
STAFF, INCLUDING AN EXECUTIVE DIRECTOR, TO CARRY OUT THE DUTIES
AND FUNCTIONS ASSIGNED BY THE COMMISSION. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW THE COMMISSION MAY HIRE AND/OR RETAIN ITS
OWN LEGAL COUNSEL.

(E)  ANY PERSON AGGRIEVED BY A FINAL DECISION OF
THE COMMISSION WHICH ADVERSELY AFFECTS THE LEGAL RIGHTS, DUTIES
OR PRIVILEGES OF SUCH PERSON, MAY PETITION A COURT OF COMPETENT
JURISDICTION, WITHIN 60 DAYS AFTER THE COMMISSION'S FINAL
DECISION, TO OBTAIN JUDICIAL REVIEW OF SAID FINAL DECISIONS.

(F)  LIABILITIES OF THE COMMISSION SHALL NOT BE
DEEMED LIABILITIES OF THE PARTY STATES. MEMBERS OF THE
COMMISSION SHALL NOT BE PERSONALLY LIABLE FOR ACTIONS TAKEN IN
THEIR OFFICIAL CAPACITY.

B. THE COMMISSION:

(A)  SHALL CONDUCT RESEARCH AND ESTABLISH
REGULATIONS TO PROMOTE A REASONABLE REDUCTION OF VOLUME AND CURIE
CONTENT OF LOW-LEVEL WASTES GENERATED IN THE REGION. THE
REGULATIONS SHALL BE REVIEWED AND, IF NECESSARY, REVISED BY THE
COMMISSION AT LEAST ANNUALLY.

(B)  SHALL ENSURE, TO THE EXTENT AUTHORIZED BY
FEDERAL LAW, THAT LOW-LEVEL WASTES ARE SAFELY DISPOSED OF WITHIN
THE REGION EXCEPT THAT THE COMMISSION SHALL HAVE NO POWER OR
AUTHORITY TO LICENSE, REGULATE OR OTHERWISE DEVELOP A REGIONAL
FACILITY, SUCH POWERS AND AUTHORITY BEING RESERVED FOR THE HOST
STATE(S) AS PERMITTED UNDER THE LAW.

(C)  SHALL DESIGNATE AS "HOST STATES" ANY PARTY
STATE WHICH GENERATES 25 PERCENT OR MORE OF PENNSYLVANIA'S VOLUME
OR TOTAL CURIE CONTENT OF LOW-LEVEL WASTE GENERATED BASED ON A
COMPARISON OF AVERAGES OVER THREE SUCCESSIVE YEARS, AS DETERMINED
BY THE COMMISSION. THIS DETERMINATION SHALL BE BASED ON VOLUME
OR TOTAL CURIE CONTENT, WHICHEVER IS GREATER.

(D)  SHALL ENSURE, TO THE EXTENT AUTHORIZED BY
FEDERAL LAW, THAT LOW-LEVEL WASTE PACKAGES BROUGHT INTO THE
REGIONAL FACILITY FOR DISPOSAL CONFORM TO APPLICABLE STATE AND
FEDERAL REGULATIONS. LOW-LEVEL WASTE BROKERS OR GENERATORS WHO
VIOLATE THESE REGULATIONS WILL BE SUBJECT TO A FINE OR OTHER
PENALTY IMPOSED BY THE COMMISSION, INCLUDING RESTRICTED ACCESS TO
A REGIONAL FACILITY. THE COMMISSION MAY IMPOSE SUCH FINES AND/OR
PENALTIES IN ADDITION TO ANY OTHER PENALTY LEVIED BY THE PARTY
STATES PURSUANT TO ARTICLE IV D.

 

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Session Laws, 1986
Volume 768, Page 219   View pdf image
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