Page:United States Statutes at Large Volume 99 Part 2.djvu/763

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1873

"6. 'Low-level radioactive waste' or 'waste' means radioactive waste not classified as high-level radioactive wsiste, transuranic waste, spent nuclear fuel, or by-product material as defined in Section l i e, (2) of the Atomic Energy Act of 1954, or as may be 42 USC 2014. further defined by Federal law or regulation. "7. 'Party state' means any state which is a signatory party to this compact. "8. 'Person' means any individual, corporation, business enterprise, or other legal entity (either public or private). "9. 'Region' means the collective party states. "10. 'Regioned facility' means (1) a facility as defined in this article which has been designated, authorized, accepted, or approved by the Commission to receive waste or (2) the disposal facility in Barnwell County, South Carolina, owned by the State of South Carolina and as licensed for the burial of low-level radioactive waste on July 1, 1982, but in no event shall this disposal facility serve as a regional facility beyond December 31, 1992. "11. 'State' means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, or any other territorial possession of the United States. "12. 'Transuranic wastes' means waste material containing transuranic elements with contamination levels as determined by the regulations of (1) the U.S. Nuclear Regulatory Commission or (2) any host state, if it is an agreement state under Section 274 of the Atomic Energy Act of 1954. 42 USC 2021. "13. 'Waste management' means the storage, treatment, or disposal of waste. "ARTICLE 3 "RIGHTS AND OBLIGATIONS

"The rights granted to the party states by this compact are Prohibition. additional to the rights enjoyed by sovereign states, and nothing in this compact shall be construed to infringe upon, limit, or abridge those rights. "(A) Subject to any license issued by the U.S. Nuclear Regulatory Commission or a host state, each party state shall have the right to have all wastes generated within its borders stored, treated, or disposed of, as applicable, at regional facilities and, additionally, shall have the right of access to facilities made available to the region through agreements entered into by the Commission pursuant to article 4(e)(9). The right of access by a generator within a party state to any regional facility is limited by its adherence to applicable state and federal law and regulation. "(B) If no operating regional facility is located within the borders of a party state and the waste generated within its borders must therefore be stored, treated, or disposed of at a regional facility in fw^r:M another party state, the party state without such facilities may be required by the host state or states to establish a mechanism which provides compensation for access to the regional facility according to terms and conditions established by the host state or states and approved by a two-thirds vote of the Commission. "(C) Each party state must establish the capability to regulate, license, and ensure the maintenance and extended care of any facility within its borders. Host states are responsible for the availability, the subsequent post-closure observation and maintenance.

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