                                 CODE OF VIRGINIA

COMPACT ENTERED INTO AND ENACTED INTO LAW (§ 10.1-1500)

The Commonwealth of Virginia hereby enters into and enacts into law the
Southeast Interstate Low-Level Radioactive Waste Management Compact to become a
party to the compact with the parties and upon the conditions named therein,
which compact shall be in the form which follows and which as initially enacted
in this section is as agreed to September 10, 1982.
		ARTICLE I. POLICY AND PURPOSE
		There is hereby created the Southeast Interstate Low-Level Radioactive Waste
Management Compact. The party states recognize and declare that each state is
responsible for providing for the availability of capacity either within or
outside the state for disposal of low-level radioactive waste generated within
its borders, except for waste generated as a result of defense activities of the
federal government or federal research and development activities. They also
recognize that the management of low-level radioactive waste is handled most
efficiently on a regional basis. The party states further recognize that the
Congress of the United States, by enacting the Low-Level Radioactive Waste
Policy Act (P.L. 96-573), has provided for and encouraged the development of
low-level radioactive waste compacts as a tool for disposal of such wastes. The
party states recognize that the safe and efficient management of low-level
radioactive waste generated within the region requires that sufficient capacity
to dispose of such waste be properly provided.
		It is the policy of the party states to: enter into a regional low-level
radioactive waste management compact for the purpose of providing the instrument
and framework for a cooperative effort, provide sufficient facilities for the
proper management of low-level radioactive waste generated in the region,
promote the health and safety of the region, limit the number of facilities
required to effectively and efficiently manage low-level radioactive waste
generated in the region, encourage the reduction of the amounts of low-level
waste generated in the region, distribute the costs, benefits and obligations of
successful low-level radioactive waste management equitably among the party
states, and ensure the ecological management of low-level radioactive wastes.
		Implicit in the Congressional consent to this compact is the expectation by
the Congress and the party states that the appropriate federal agencies will
actively assist the Compact Commission and the individual party states to this
compact by:

1. Expeditious enforcement of federal rules, regulations and laws; and

2. Imposing sanctions against those found to be in violation of federal rules,
regulations and laws; and

3. Timely inspections of their licensees to determine their capability to adhere
to such rules, regulations and laws; and

4. Timely provision of technical assistance to this compact in carrying out
their obligations under the Low-Level Radioactive Waste Policy Act as amended.
			ARTICLE II. DEFINITIONS
			As used in this compact, unless the context clearly requires a different
construction:
			a. &#8220;Commission&#8221; or &#8220;Compact Commission&#8221; means the
Southeast Interstate Low-Level Radioactive Waste Management Commission.
			b. &#8220;Facility&#8221; means a parcel of land, together with the
structures, equipment and improvements thereon or appurtenant thereto, which is
used or is being developed for the treatment, storage or disposal of low-level
radioactive waste.
			c. &#8220;Generator&#8221; means any person who produces or possesses
low-level radioactive waste in the course of or as an incident to manufacturing,
power generation, processing, medical diagnosis and treatment, research, or
other industrial or commercial activity. This does not include persons who
provide a service to generators by arranging for the collection, transportation,
storage or disposal of wastes with respect to such waste generated outside the
region.
			d. &#8220;High-level waste&#8221; means irradiated reactor fuel, liquid
wastes from reprocessing irradiated reactor fuel and solids into which such
liquid wastes have been converted, and other high-level radioactive waste as
defined by the U.S. Nuclear Regulatory Commission.
			e. &#8220;Host state&#8221; means any state in which a regional facility is
situated or is being developed.
			f. &#8220;Low-level radioactive waste&#8221; or &#8220;waste&#8221; means
radioactive waste not classified as high-level radioactive waste, transuranic
waste, spent nuclear fuel or by-product material as defined in section 11 e. (2)
of the Atomic Energy Act of 1954, or as may be further defined by federal law or
regulation.
			g. &#8220;Party state&#8221; means any state which is a signatory party to
this compact.
			h. &#8220;Person&#8221; means any individual, corporation, business
enterprise or other legal entity (either public or private).
			i. &#8220;Region&#8221; means the collective party states.
			j. &#8220;Regional facility&#8221; 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.
			k. &#8220;State&#8221; 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.
			l. &#8220;Transuranic wastes&#8221; 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 under section 274 of the Atomic Energy Act of 1954.
			m. &#8220;Waste management&#8221; means the storage, treatment or disposal of
waste.
			ARTICLE III. RIGHTS AND OBLIGATIONS
			The rights granted to the party states by this compact are 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 IV 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 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(s) and
approved by a two-thirds vote of the Commission.
			c. Each party state shall 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, and the extended institutional control of their
regional facilities, in accordance with the provisions of Article V, section b.
			d. Each party state shall establish the capability to enforce any applicable
federal or state laws and regulations pertaining to the packaging and
transportation of waste generated within or passing through its borders.
			e. Each party state shall provide to the Commission on an annual basis, any
data and information necessary to the implementation of the Commission&#8217;s
responsibilities. Each party state shall establish the capability to obtain any
data and information necessary to meet its obligation herein defined.
			f. Each party state shall, to the extent authorized by federal law, require
generators within its borders to use the best available waste management
technologies and practices to minimize the volumes of wastes requiring disposal.
			ARTICLE IV. THE COMMISSION
			a. There is hereby created the Southeast Interstate Low-Level Radioactive
Waste Management Commission (&#8220;the Commission&#8221; or &#8220;Compact
Commission&#8221;). The Commission shall consist of two voting members from each
party state to be appointed according to the laws of each state. The appointing
authorities of each state must notify the Commission in writing of the identity
of its members and any alternates. An alternate may act on behalf of the member
only in the member&#8217;s absence.
			b. Each Commission member shall be entitled to one vote. No action of the
Commission shall be binding unless a majority of the total membership cast their
vote in the affirmative, or unless a greater than majority vote is specifically
required by any other provision of this compact.
			c. The Commission shall elect from among its members a presiding officer. The
Commission shall adopt and publish, in convenient form, by-laws which are
consistent with this compact.
			d. The Commission shall meet at least once a year and shall also meet upon
the call of the presiding officer, by petition of a majority of the party
states, or upon the call of a host state. All meetings of the Commission shall
be open to the public.
			e. The Commission has the following duties and powers:

1. To receive and approve the application of a non-party state to become an
eligible state in accordance with Article VII b.; and

2. To receive and approve the application of an eligible state to become a party
state in accordance with Article VII c.; and

3. To submit an annual report and other communications to the governors and to
the presiding officer of each body of the legislature of the party states
regarding the activities of the Commission; and

4. To develop and use procedures for determining, consistent with considerations
for 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; and

5. To provide the party states with reference guidelines for establishing the
criteria and procedures for evaluating alternative locations for emergency or
permanent regional facilities; and

6. To develop and adopt within one year after the Commission is constituted as
provided for in Article VII, section d., procedures and criteria for identifying
a party state as a host state for a regional facility as determined pursuant to
the requirements of this article. In accordance with these procedures and
criteria, the Commission shall identify a host state for the development of a
second regional disposal facility within three years after the Commission is
constituted as provided for in Article VII, section d. and shall seek to ensure
that such facility is licensed and ready to operate as soon as required but in
no event later than 1991.
			In developing criteria, the Commission must consider the following: the
health, safety, and welfare of the citizens of the party states; the existence
of regional facilities within each party state; the minimization of waste
transportation; the volumes and types of wastes generated within each party
state; and the environmental, economic and ecological impacts on the air, land,
and water resources of the party states.
			The Commission shall conduct such hearings; require such reports, studies,
evidence and testimony; and do what is required by its approved procedures in
order to identify a party state as a host state for a needed facility; and

7. In accordance with the procedures and criteria developed pursuant to section
e. 6. of this article, to designate, by a two-thirds vote, a host state for the
establishment of a needed regional facility. The Commission shall not exercise
this authority unless the party states have failed to voluntarily pursue the
development of such facility. The Commission shall have the authority to revoke
the membership of a party state that willfully creates barriers to the siting of
a needed regional facility; and

8. To require of and obtain from party states, eligible states seeking to become
party states, and non-party states seeking to become eligible states, data and
information necessary to the implementation of Commission responsibilities; and

9. Notwithstanding any other provision of this compact, to enter into agreements
with any person, state, or similar regional body or group of states for the
importation of waste into the region and for the right of access to facilities
outside the region for waste generated within the region. Such authorization to
import requires a two-thirds majority vote of the Commission, including an
affirmative vote of both representatives of the host state in which any affected
regional facility is located. This shall be done only after an assessment of the
affected facilities&#8217; capability to handle such wastes; and

10. To act or appear on behalf of any party state or states, only upon written
request of both members of the Commission for such state or states, as an
intervenor or party in interest before Congress, state legislatures, any court
of law, or federal, state or local agency, board or commission which has
jurisdiction over the management of wastes.
			The authority to act, intervene or otherwise appear shall be exercised by the
Commission only after approval by a majority vote of the Commission.

11. To revoke the membership of a party state in accordance with Article VII f.
			f. The Commission may establish such advisory committees as it deems
necessary for the purpose of advising the Commission on any and all matters
pertaining to the management of low-level radioactive waste.
			g. The Commission may appoint or contract for and compensate such limited
staff necessary to carry out its duties and functions. The staff shall serve at
the Commission&#8217;s pleasure irrespective of the civil service, personnel or
other merit laws of any of the party states or the federal government and shall
be compensated from funds of the Commission. In selecting any staff, the
Commission shall assure that the staff has adequate experience and formal
training to carry out such functions as may be assigned to it by the Commission.
If the Commission has a headquarters it shall be in a party state.
			h. Funding for the Commission shall be provided as follows:

1. Each eligible state, upon becoming a party state, shall pay $25,000 to the
Commission which shall be used for costs of the Commission&#8217;s services.

2. Each state hosting a regional disposal facility shall annually levy special
fees or surcharges on all users of such facility, based upon the volume of
wastes disposed of at such facilities, the total of which:

   a. Shall be sufficient to cover the annual budget of the Commission; and

   b. Shall represent the financial commitments of all party states to the
   Commission; and

   c. Shall be paid to the Commission, provided, however, that each host state
   collecting such fees or 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 budgets of the
   Commission.

3. The Commission shall set and approve its first annual budget as soon as
practicable after its initial meeting. Host states for disposal facilities shall
begin imposition of the special fees and surcharges provided for in this section
as soon as practicable after becoming party states, and shall remit to the
Commission funds resulting from collection of such special fees and surcharges
within sixty days of their receipt.
			i. The Commission shall keep accurate accounts of all receipts and
disbursements and independent certified public accountant shall annually audit
all receipts and disbursements of Commission funds, and submit an audit report
to the Commission. Such audit report shall be made a part of the annual report
of the Commission required by Article IV e. 3.
			j. The Commission may accept for any of its purposes and functions any and
all donations, grants of money, equipment, supplies, materials and services
(conditional or otherwise) from any state or the United States or any
subdivision or agency thereof, or interstate agency, or from any institution,
person, firm or corporation, and may receive, utilize and dispose of the same.
The nature, amount and condition, if any, attendant upon any donation or grant
accepted pursuant to this paragraph together with the identity of the donor,
grantor or lender, shall be detailed in the annual report of the Commission.
			k. The Commission shall not be responsible for any costs associated with (1)
the creation of any facility, (2) the operation of any facility, (3) the
stabilization and closure of any facility, (4) the post-closure observation, and
maintenance of any facility, or (5) the extended institutional control, after
post-closure observation and maintenance of any facility.
			l. As of January 1, 1986, the management of wastes at regional facilities is
restricted to wastes generated within the region, and to wastes generated within
non-party states when authorized by the Commission pursuant to the provisions of
this Compact. After January 1, 1986, the Commission may prohibit the exportation
of waste from the region for the purposes of management.
			m. 1. The Commission herein established is a legal entity separate and
distinct from the party states, capable of acting in its own behalf, and shall
be so liable for its actions. Liabilities of the Commission shall not be deemed
liabilities of the party states. Members of the Commission shall not be
personally liable for action taken by them in their official capacity.
			Except as specifically provided in this compact, nothing in this compact
shall be construed to alter the incidence of liability of any kind for any act,
omission, course of conduct, or on account of any causal or other relationships.
Generators, transporters of wastes, owners and operators of sites shall be
liable for their acts, omissions, conduct, or relationships in accordance with
all laws relating thereto.
			ARTICLE V. DEVELOPMENT AND OPERATION OF FACILITIES
			a. Any party state which becomes a host state in which a regional facility is
operated, shall not be designated by the Compact Commission as a host state for
an additional regional facility until each party state has fulfilled its
obligation, as determined by the Commission, to have a regional facility
operated within its borders.
			b. A host state desiring to close a regional facility located within its
borders may do so only after notifying the Commission in writing of its
intention to do so and the reasons therefore. Such notification shall be given
to the Commission at least four years prior to the intended date of closure.
Notwithstanding the four year notice requirement herein provided, a host state
is not prevented from closing its facility or establishing conditions of use and
operations as necessary for the protection of the health and safety of its
citizens. A host state may terminate or limit access to its regional facility if
it determines Congress has materially altered the conditions of this compact.
			c. Each party state designated as a host state for a regional facility shall
take appropriate steps to ensure that an application for a license to construct
and operate a facility of the designated type is filed with and issued by the
appropriate authority.
			d. No party state shall have any form of arbitrary prohibition on the
treatment, storage or disposal of low-level radioactive waste within its border.
			e. No party state shall be required to operate a regional facility for longer
than a twenty-year period or to dispose of more than 32,000,000 cubic feet of
low-level radioactive waste, whichever first occurs.
			ARTICLE VI. OTHER LAWS AND REGULATIONS
			a. Nothing in this compact shall be construed to:

1. Abrogate or limit the applicability of any act of Congress or diminish or
otherwise impair the jurisdiction of any federal agency expressly conferred
thereon by the Congress;

2. Abrogate or limit the regulatory responsibility and authority of the U.S.
Nuclear Regulatory Commission or of an agreement state under section 274 of the
Atomic Energy Act of 1954 in which a regional facility is located;

3. Make inapplicable to any person or circumstance any other law of a party
state which is not inconsistent with this compact;

4. Make unlawful the continued development and operation of any facility already
licensed for development or operation on the date this compact becomes
effective, except that any such facility shall comply with Article III, Article
IV and Article V and shall be subject to any action lawfully taken pursuant
thereto;

5. Prohibit any storage or treatment of waste by the generator on its own
premises;

6. Affect any judicial or administrative proceeding pending on the effective
date of this compact;

7. Alter the relations between, and the respective internal responsibilities of,
the government of a party state and its subdivisions;

8. Affect the generation, treatment, storage or disposal of waste generated by
the atomic energy defense activities of the Secretary of the U.S. Department of
Energy or federal research and development activities as defined in P.L. 96-573;

9. Affect the rights and powers of any party state and its political
subdivisions to regulate and license any facility within its borders or to
affect the rights and powers of any party state and its political subdivisions
to tax or impose fees on the waste managed at any facility within its borders.
			b. No party state shall pass any law or adopt any regulation which is
inconsistent with this compact. To do so may jeopardize the membership status of
the party state.
			c. Upon formation of the compact, no law or regulation of a party state or of
any subdivision or instrumentality thereof may be applied so as to restrict or
make more inconvenient access to any regional facility by the generators of
another party state than for the generators of the state where the facility is
situated.
			d. Restrictions of waste management of regional facilities pursuant to
Article IV l. shall be enforceable as a matter of state law.
			ARTICLE VII. ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION, ENTRY INTO FORCE,
TERMINATION
			a. This compact shall have as initially eligible parties the States of
Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina,
Tennessee and Virginia.
			b. Any state not expressly declared eligible to become a party state to this
compact in section a. of this article may petition the Commission, once
constituted, to be declared eligible. The Commission may establish such
conditions as it deems necessary and appropriate to be met by a state wishing to
become eligible to become a party state to this compact pursuant to the
provisions of this section. Upon satisfactorily meeting such conditions and upon
the affirmative vote of two-thirds of the Commission, including the affirmative
vote of both representatives of a host state in which any affected regional
facility is located, the petitioning state shall be eligible to become a party
state to this compact and may become a party state in the same manner as those
states declared eligible in section a. of this article.
			c. Each state eligible to become a party state shall be declared a party
state upon enactment of this compact into law by the state and upon payment of
the fees required by Article IV, h. 1. The Commission shall be the sole judge of
the qualifications of the party states and of its members and of their
compliance with the conditions and requirements of this compact and the laws of
the party states relating to the enactment of this compact.
			d. 1. The first three states eligible to become party states to this compact
which enact this compact into law and appropriate the fees required by Article
IV, h. 1. shall immediately, upon the appointment of their Commission members,
constitute themselves as the Southeast Low-Level Radioactive Waste Management
Commission, shall cause legislation to be introduced in the Congress which
grants the consent of the Congress to this compact, and shall do those things
necessary to organize the Commission and implement the provisions of this
compact.

2. All succeeding states eligible to become party states to this compact shall
be declared party states pursuant to the provisions of section c. of this
article.

3. The consent of the Congress shall be required for full implementation of this
compact. The provisions of Article V, d. shall not become effective until the
effective date of the import ban authorized by Article IV, l. as approved by
Congress. The Congress may by law withdraw its consent only every five years.
			e. No state which holds membership in any other regional compact for the
management of low-level radioactive waste may be considered by the Compact
Commission for eligible state status or party state status.
			f. Any party state which fails to comply with the provisions of this compact
or to fulfill the obligations incurred by becoming a party state to this compact
may be subject to sanctions by the Commission, including suspension of its
rights under this compact and revocation of its status as a party state. Any
sanction shall be imposed only on the affirmative vote of at least two-thirds of
the Commission members. Revocation of party state status may take effect on the
date of the meeting at which the Commission approves the resolution imposing
such sanction, but in no event shall revocation take effect later than 90 days
from the date of such meeting. Rights and obligations incurred by being declared
a party state to this compact shall continue until the effective date of the
sanction imposed or as provided in the resolution of the Commission imposing the
sanction.
			The Commission shall, as soon as practicable after the meeting at which a
resolution revoking status as a party state is approved, provide written notice
of the action along with a copy of the resolution to the governors, the
presidents of the senates, and the speakers of the house of representatives of
the party states, as well as chairmen of the appropriate committees of the
Congress.
			g. Subject to provisions of Article VII, h., any party state may withdraw
from this compact by enacting a law repealing the compact, provided that if a
regional facility is located within such state, such regional facility shall
remain available to the region for four years after the date the Commission
receives verification in writing from the governor of such party state of the
rescission of the compact. The Commission, upon receipt of the notification,
shall as soon as practicable provide copies of such notification to the
governors, the presidents of the senates, and the speakers of the house of
representatives of the party states as well as the chairman of the appropriate
committees of the Congress.
			h. The right of a party state to withdraw pursuant to Article VII, g. shall
terminate thirty days following the commencement of operation of the second host
state disposal facility. Thereafter a party state may withdraw only with the
unanimous approval of the Commission and with the consent of Congress. For
purposes of this subsection, the low-level radioactive waste disposal facility
located in Barnwell County, South Carolina shall be considered the first host
state disposal facility.
			i. This compact may be terminated only by the affirmative action of the
Congress or by the rescission of all laws enacting the compact in each party
state.
			ARTICLE VIII. PENALTIES
			a. Each party state, consistently with its own law, shall prescribe and
enforce penalties against any person not an official of another state for
violation of any provision of this compact.
			b. Each party state acknowledges that the receipt by a host state of waste
packaged or transported in violation of applicable laws and regulations can
result in imposition of sanctions by the host state which may include suspension
or revocation of the violator&#8217;s right of access to the facility in the
host state.
			ARTICLE IX. SEVERABILITY AND CONSTRUCTION
			The provisions of this compact shall be severable and if any phrase, clause,
sentence or provision of this compact is declared by a court of competent
jurisdiction to be contrary to the Constitution of any participating state or of
the United States or the applicability thereof to any government, agency, person
or circumstance is held invalid, the validity of the remainder of this compact
and the applicability thereof to any other government, agency, person or
circumstances shall not be affected thereby. If any provision of this compact
shall be held contrary to the constitution of any state participating therein,
the compact shall remain in full force and effect as to the state affected as to
all severable matters. The provisions of this compact shall be liberally
construed to give effect to the purposes thereof.

HISTORY: 1983, c. 213, § 32.1-238.6:1; 1988, cc. 390, 891.