Page:United States Statutes at Large Volume 99 Part 2.djvu/786

 99 STAT. 1896

Contracts. Audit. Report.

Grants.

Report.

Transportation.

Prohibition.

PUBLIC LAW 99-240—JAN. 15, 1986

"4. Adopt and amend, by a two-thirds vote of the membership, in accordance with the procedures and criteria developed pursuant to Article IV, a regional management plan which designates host states for the establishment of needed regional facilities, "5. Adopt an annual budget, " j. Funding of the budget of the Commission shall be provided as follows: " 1. Each state, upon becoming a party state, shall pay $50,000 or $1,000 per cubic meter of waste shipped from that state in 1980, whichever is lower, to the Commission which shall be used for the administrative costs of the Commission; "2. Each state hosting a regional facility shall levy surcharges on all users of the regional facility based upon its portion of the total volume and characteristics of wastes managed at that facility. The surcharges collected at all regional facilities shall: "(a) Be sufficient to cover the annual budget of the Commission; and "(b) Represent the financial commitments of all party states to the Commission; and "(c) Be paid to the Commission, provided, however, that each host state collecting surcharges may retain a portion of the collection sufficient to cover its administrative costs of collection, and that the remainder be sufficient only to cover the approved annual budget of the Commission. "k. The Commission shall keep accurate accounts of all receipts and disbursements. The Commission shall contract with an independent certified public accountant to annually audit all receipts and disbursements of Commission funds, and to submit an audit report to the Commission. The audit report shall be made a part of the annual report of the Commission required by this Article. "1. The Commission may accept for any of its purposes and functions and may utilize and dispose of any donations, grants of money, equipment, supplies, materials and services from any state or the United States (or any subdivision or agency thereof), or interstate agency, or from any institution, person, firm or corporation. The nature, amount and condition, if any, attendant upon any donation or grant accepted or received by the Commission together with the identity of the donor, grantor or lender, shall be detailed in the annual report of the Commission. "m. The Commission is not liable for any costs associated with any of the following: " 1. The licensing and construction of any facility, "2. The operation of any facility, "3. The stabilization and closure of any facility, "4. The care of any facility, "5. The extended institutional control, after care of any facility, or "6. The transportation of waste to any facility, "n, 1. 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. Liabilities of the Commission are not liabilities of the party states. Members of the Commission are not personally liable for actions taken by them in their official capacity. "2. Except as provided under sections m. and n.l. of this article, nothing in this compact alters liability for any act, omission,

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