Page:United States Statutes at Large Volume 99 Part 2.djvu/776

 99 STAT. 1886

Transportation.

PUBLIC LAW 99-240—JAN. 15, 1986

"1) the licensing and construction of any facility; "2) the operation of any facility; "3) the stabilization and closure of any facility; "4) the extended care of any facility; "5) the institutional control, after extended care of any facility; or "6) the transportation of waste to any facility. "o) The Commission is a legal entity separate and distinct from the party states and is liable for its actions as a separate and distinct legal entity. Members of the Commission are not personally liable for actions taken by them in their official capacity, "p) Except as provided under Sections (n) and (o) of this Article, nothing in this compact alters liability for any action, omission, course of conduct or liability resulting from any causal or other relationships. "q) 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 decision. "ARTICLE IV. REGIONAL MANAGEMENT PLAN

Health. Safety.

"The Commission shall adopt a regional management plan designed to ensure the safe and efficient management of waste generated within the region. In adopting a regional waste management plan the Commission shall: "a) Adopt procedures for determining, consistent with considerations of public health and safety, the type and number of regional facilities which are presently necessary and which are projected to be necessary to manage waste generated within the region. "b) Develop and adopt policies promoting source and volume reduction of waste generated within the region. "c) Develop alternative means for the treatment, storage and disposal of waste, other than shallow-land burial or underground injection well. "d) Prepare a draft regional management plan that shall be made available in a convenient form to the public for comment. The Commission shall conduct one or more public hearings in each party state prior to the adoption of the regional management plan. The regional management plan shall include the Commission's response to public and party state comment. "ARTICLE V. RIGHTS AND OBLIGATIONS OF PARTY STATES "a) Each party state shall act in good faith in the performance of acts and courses of conduct which are intended to ensure the provision of facilities for regional availability and usage in a manner consistent with this compact. "b) Other than the provisions of Article V(f), each party state has the right to have all wastes generated within borders managed at regional facilities subject to the provisions contained in Article IX(b) and IX(c). All party states have an equal right of access to any facility made available to the region by any agreement entered into by the Commission pursuant to Article Ill(i)(l).

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