                                 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.