Page:United States Statutes at Large Volume 99 Part 2.djvu/798

 99 STAT. 1908

Imports.

PUBLIC LAW 99-240—JAN. 15, 1986

In determining whether to grant such authorization, the factors to be considered by the board shall include, but not be limited to, the following: "(i) the impact of importing waste on the available capacity and projected life of the regional facilities; "(ii) the economic impact on the regional facilities; and "(iii) the availability of a regional facility appropriate for the disposal of the t3T)e of waste involved. "(d) It shall be unlawful for any person to manage at a regional facility any radioactive waste other than low-level waste as defined in this compact, unless authorized to do so both by the board and the host state. In determining whether to grant such authorization, the factors to be considered by the board shall include, but not be limited to, the following: "(i) the impact of allowing such management on the available capacity and projected life of the regional facilities; "(ii) the availability of a facility appropriate for the disposal of the type of waste involved; "(iii) the existence of transuranic elements in the waste; and "(iv) the economic impact on the regional facilities. "(e) Any person who violates subsection (a) or (b) of this article shall be liable to the board for a civil penalty not to exceed ten (10) times the charges which would have been charged for disposal of the waste at a regional facility. "(f) Any person who violates subsection (c) or (d) of this article shall be liable to the board for a civil penalty not to exceed ten (10) times the charges which were charged for management of the waste at a regional facility. "(g) The civil penalties provided for in subsections (e) and (f) of this article may be enforced and collected in any court of general jurisdiction within the region where necessary jurisdiction is obtained by an appropriate proceeding commenced on behalf of the board by the attorney general of the party state wherein the proceeding is brought or by other counsel authorized by the board. In any such proceeding, the board, if it prevails, is entitled to recover reasonable attorney's fees as part of its costs. "(h) Out of any civil penalty collected for a violation of subsection (a) or 0)) of this article, the board shall pay to the appropriate operator a sum sufficient in the judgment of the board to compensate the operator for any loss of revenue attributable to the violation. Such compensation may be subject to state and compact surcharges as if received in the normal course of the operator's business. The remainder of the civil penalty collected shall be allocated by the board. In making such allocation, the board shall give first priority to the needs of the long-term care funds in the region. "(i) Any civil penalty collected for a violation of subsection (c) or (d) of this article shall be allocated by the board. In making such allocation, the board shall give first priority to the needs of the longterm care funds in the region. "(j) Violations of subsection (a), (b), (c), or (d) of this article may be enjoined by any court of general jurisdiction within the region where necessary jurisdiction is obtained in any appropriate proceeding commenced on behalf of the board by the attorney general of the party state wherein the proceeding is brought or by other counsel authorized by the board. In any such proceeding, the board, if it

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