Sec. 1. ARTICLE I. POLICY AND PURPOSE There is created the Midwest Interstate Low-Level Radioactive Waste Compact. The states party to this compact recognize that the Congress of the United States, by enacting the Low-Level Radioactive Waste Policy Act, as amended by the Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C. 2021b to […]
Sec. 10. ARTICLE X. SEVERABILITY AND CONSTRUCTION The provisions of this compact shall be severable and if any provision of this compact is finally determined by a court of competent jurisdiction to be contrary to the Constitution of any participating state or of the United States or the application thereof to any person or circumstance […]
Sec. 11. (a) The governor shall appoint a person to serve as the Commission member representing Indiana. The Commission member appointed by the governor serves a four (4) year term, at the pleasure of the governor. (b) If the Commission member representing the state of Indiana: (1) dies; (2) resigns; or (3) is removed from […]
Sec. 12. (a) A Commission member or alternate appointed by the governor under section 11 of this chapter is entitled to the following: (1) The minimum salary per diem as provided in IC 4-10-11-2.1(b) while performing duties under this chapter. (2) Reimbursement for traveling expenses and other expenses actually incurred in connection with the member’s […]
Sec. 13. The board shall adopt under IC 4-22-2 and IC 13-14-9 the rules necessary to implement this chapter. [Pre-1996 Recodification Citation: 13-5-9-13.] As added by P.L.1-1996, SEC.19. Amended by P.L.133-2012, SEC.157.
Sec. 14. A person who knowingly or intentionally commits any of the violations listed in section 3(o) of this chapter commits a Level 6 felony. However, notwithstanding IC 35-50-2-7(a), a person who is convicted of a Level 6 felony under this section may, in addition to the term of imprisonment established under IC 35-50-2-7(a), be […]
Sec. 2. ARTICLE II. DEFINITIONS As used in this compact, unless the context clearly requires a different construction: a. “care” means the continued observation of a facility after closing for the purposes of detecting a need for maintenance, ensuring environmental safety, and determining compliance with applicable licensure and regulatory requirements and including the correction of […]
Sec. 3. ARTICLE III. THE COMMISSION a. There is created the Midwest Interstate Low-Level Radioactive Waste Commission. The Commission consists of one voting member from each party state. The Governor of each party state shall notify the Commission in writing of its member and any alternates. An alternate may act on behalf of the member […]
Sec. 4. ARTICLE IV. REGIONAL DISPOSAL PLAN The Commission shall adopt and periodically update a regional disposal plan designed to ensure the safe and efficient disposal of waste generated within the region. In adopting a regional waste disposal plan, the Commission shall do all of the following: a. Adopt procedures for determining, consistent with considerations […]
Sec. 5. 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. Except for waste attributable to […]
Sec. 6. ARTICLE VI. DEVELOPMENT, OPERATION, AND CLOSING OF COMPACT FACILITIES a. Any party state may volunteer to become a host state, and the Commission may designate that state as a host state. b. If not all compact facilities required by the regional disposal plan are developed pursuant to Article VI(a) of this compact, the […]
Sec. 7. ARTICLE VII. OTHER LAWS AND REGULATIONS a. Nothing in this compact: 1. Abrogates or limits the applicability of any act of the Congress or diminishes or otherwise impairs the jurisdiction of any federal agency expressly conferred thereon by the Congress; 2. Prevents the enforcement of any other law of a party state which […]
Sec. 8. ARTICLE VIII. ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION, SUSPENSION OF ACCESS, ENTRY INTO FORCE, AND TERMINATION a. Any state may petition the Commission to be eligible for membership in the compact. The Commission may establish appropriate eligibility requirements. These requirements may include, but are not limited to, an eligibility fee or designation as a host […]
Sec. 9. ARTICLE IX. PENALTIES AND ENFORCEMENT a. Each party state shall prescribe and enforce penalties against any person who is not an official of another state for violation of any provision of this compact. b. The parties to this compact intend that the courts of the United States shall specifically enforce the obligations, including […]
