Page:United States Statutes at Large Volume 99 Part 2.djvu/795

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1905

"(v) May impose requirements or regulations more stringent than those required by this subsection.

Regulations.

"ARTICLE IV. BOARD APPROVAL OF REGIONAL FACILITIES

"(a) Within ninety (90) days after being requested to do so by a party state, the board shall approve or disapprove a regional facility to be located within that state. "(b) A regional facility shall be approved by the board if and only if the board determines that: "(i) There will be, for the foreseeable future, sufficient demand to render operation of the proposed facility economically feasible without endangering the economic feasibility of operation of any other regional facility; and "(ii) The facility will have sufficient capacity to serve the needs of the region for a reasonable period of years. "ARTICLE V. SURCHARGES

"(a) The board shall impose a 'compact surcharge' per unit of waste received at any regional facility. The surcharge shall be adequate to pay the costs and expenses of the board in the conduct of its authorized activities and may be increased or decreased as the board deems necessary. "(b) A host state may impose a 'state surcharge' per unit of waste received at any regional facility within the state. The host state may fix and change the amount of the state surcharge subject to approval by the board. Money received from the state surcharge may be used by the host state for any purpose authorized by its own law, including but not limited to costs of licensure and regulatory activities related to the regional facility, reserves for decommissioning and long-term care of the regional facility and local impact assistance. "ARTICLE VI. THE BOARD

"(a) The 'Rocky Mountain low-level radioactive wsiste board', which shall not be an agency or instrumentality of any party state, is created. "(b) The board shall consist of one (1) member from each party state. The governor shall determine how and for what term its member shall be appointed, and how and for what term any alternate may be appointed to perform that member's duties on the board in the member's absence. "(c) Each party state is entitled to one (1) vote. A majority of the board constitutes a quorum. Unless otherwise provided in this compact, a majority of the total number of votes on the board is necessary for the board to take any action. "(d) The board shall meet at least once a year and otherwise as its business requires. Meetings of the board may be held in any place within the region deemed by the board to be reasonably convenient for the attendance of persons required or entitled to attend and where adequate accommodations may be found. Reasonable public notice and opportunity for comment shall be given with respect to any meeting; provided, however, that nothing in this subsection shall preclude the board from meeting in executive session when seeking legal advice from its attorneys or when discussing the employment, discipline or termination of any of its employees.

Rocky Mountain Low-Level Radioactive Waste Board, establishment. Prohibition.

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