Page:United States Statutes at Large Volume 99 Part 2.djvu/758

 99 STAT. 1868

Contracts. Imports. Exports.

PUBLIC LAW 99-240—JAN. 15, 1986 bodies of the party states regarding the activities of the Commission; "3. hear and negotiate disputes which may arise between the party states regarding this compact; "4. require of and obtain from the party states, and non-party states seeking to become party states, data and information necessary to the implementation of Commission and party states' responsibilities; "5. approve the development and operation of regional facilities in accordance with Article V; "6. notwithstanding any other provision of this compact, have the authority to enter into agreements with any person 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 or export waste requires the approval of the Commission, including the affirmative vote of any host state which may be affected; "7. revoke the membership of a party state in accordance with Articles V and VII; "8. require all party states and other persons to perform their duties and obligations arising under this compact by an appropriate action in any forum designated in section e. of Article IV; and "9. take such action as may be necessary to perform its duties and functions as provided in this compact. "ARTICLE V. DEVELOPMENT AND OPERATION OF REGIONAL FACILITIES

Health. Safety.

"a. Following the collection of sufficient data and information from the states, the Commission shall allow each party state the opportunity to volunteer as a host for a regional facility. "b. If no state volunteers or if no proposal identified by a volunteer state is deemed acceptable by the Commission, based on the criteria in section c. of this Article, then the Commission shall publicly seek applicants for the development and operation of regional facilities. "c. The Commission shall review and consider each applicant's proposal based upon the following criteria: " 1. The capability of the applicant to obtain a license from the applicable authority; "2. the economic efficiency of each proposed regional facility, including the total estimated disposal and treatment costs per cubic foot of waste; "3. financial assurances; "4. accessibility to all party states; and "5. such other criteria as shall be determined by the Commission to be necessary for the selection of the best proposal, based on the health, safety and welfare of the citizens in the region and the party states, "d. The Commission* shall make a preliminary selection of the proposal or proposals considered most likely to meet the criteria enumerated in section c. and the needs of the region. "e. Following notification of each party state of the results of the preliminary selection process, the Commission shall: " 1. Authorize any person whose proposal has been selected to pursue licensure of the regional facility or facilities in accord-

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