Page:United States Statutes at Large Volume 102 Part 1.djvu/518

 102 STAT. 480

PUBLIC LAW 100-319—MAY 19, 1988

neglect on the part of a host state or any party state, then any other host or party state(s) may make any claim allowable under law for that negligence, malfeasance or neglect. If such liability arises from a particular waste shipment or shipments to, or quantity of waste or condition at, the regional facility, then any host or party state may make any claim allowable under law for such liability. The percentage of waste shall be based on volume of waste or total curie content. "(I) Failure of Party State to Fulfill Obligations. "A party state which fails to fulfill its obligations, including timely funding of the Commission, may have its privileges under the Compact suspended or its membership in the Compact revoked by the Commission and be subject to any other legal and equitable remedies available to the party states. "Article 4 "Prohibited Acts and Penalties

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"(A) Prohibition. "It shall be unlawful for any person to dispose of low-level waste within the region except at a regional facility unless authorized by the Commission. "(B) Waste Disposed of Within Region. "After establishment of the regional facility(s), it shall be unlawful for any person to dispose of any low-level waste within the region unless the waste was generated within the region or unless authorized to do so both by the Commission and by law of the host state in which said disposal takes place. For the purposes of this compact, waste generated within the region excludes radioactive material shipped from outside the party states to a waste management facility within the region. In determining whether to grant such authorization, the factors to be considered by the Commission shall include, but not be limited to, the following: "(a) The impact on the health, safety and environmental quality of the citizens of the party states; "(b) The impact of importing waste on the available capacity and projected life of the regional facility; "(c) The availability of a regional facility appropriate for the safe disposal of the type of low-level waste involved. "(C) Waste Generated Within Region. "Any and all low-level waste generated within the region shall be disposed of at a regional facility, except for specific cases agreed upon by the Commission, with the affirmative votes by a majority of the Commission members of the host state(s) affected by the decision. "(D) Liability. "Generators, brokers and carriers of wastes, and owners and operators of sites shall be liable for their acts, omissions, conduct or relationships in accordance with all laws relating thereto. The party states shall impose a fine for any violation in an amount equal to the present and future costs associated with correcting any harm caused by the violation and shall assess punitive fines or penalties if it is deemed necessary. In addition, the host state shall bar any person who violates host state or Federal regulations from using the regional facility until that person demonstrates to the satisfaction of the host state the ability and willingness to comply with the law.

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