Oregon Revised Statutes Chapter 469 § 469.930 — Northwest Interstate Compact on Low-Level Radioactive Waste Management

Northwest Interstate Compact on Low-Level Radioactive Waste Management. The Northwest Interstate Compact on Low-Level Radioactive Waste Management is enacted into law by the State of Oregon and entered into with all other jurisdictions lawfully joining therein in a form as provided for as follows: ______________________________________________________________________________ ARTICLE I Policy and Purpose The party states recognize that low-level radioactive wastes are generated by essential activities and services that benefit the citizens of the states. It is further recognized that the protection of the health and safety of the citizens of the party states and the most economical management of low-level radioactive wastes can be accomplished through cooperation of the states in minimizing the amount of handling and transportation required to dispose of such wastes and through the cooperation of the states in providing facilities that serve the region. It is the policy of the party states to undertake the necessary cooperation to protect the health and safety of the citizens of the party states and to provide for the most economical management of low-level radioactive wastes on a continuing basis. It is the purpose of this compact to provide the means for such a cooperative effort among the party states so that the protection of the citizens of the states and the maintenance of the viability of the states’ economies will be enhanced while sharing the responsibilities of radioactive low-level waste management. ARTICLE II Definitions As used in this compact: (1) “Facility” means any site, location, structure or property used or to be used for the storage, treatment or disposal of low-level waste, excluding federal waste facilities. (2) “Low-level waste” means waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities which exceed applicable federal or state standards for unrestricted release. Low-level waste does not include waste containing more than 10 nanocuries of transuranic contaminants per gram of material, nor spent reactor fuel, nor material classified as either high-level waste or waste which is unsuited for disposal by near-surface burial under any applicable federal regulations. (3) “Generator” means any person, partnership, association, corporation or any other entity whatsoever which, as a part of its activities, produces low-level radioactive waste. (4) “Host state” means a state in which a facility is located. ARTICLE III Regulatory Practices Each party state hereby agrees to adopt practices which will require low-level waste shipments originating within its borders and destined for a facility within another party state to conform to the applicable packaging and transportation requirements and regulations of the host state. Such practices shall include: (1) Maintaining an inventory of all generators within the state that have shipped or expect to ship low-level waste to facilities in another party state. (2) Periodic unannounced inspection of the premises of such generators and the waste management activities thereon. (3) Authorization of the containers in which such waste may be shipped and a requirement that generators use only that type of container authorized by the state. (4) Assurance that inspections of the carriers which transport such waste are conducted by proper authorities and appropriate enforcement action is taken for violations. (5) After receiving notification from a host state that a generator within the party state is in violation of applicable packaging or transportation standards, the party state will take appropriate action to assure that such violations do not recur. Such action may include inspection of every individual low-level waste shipment by that generator. (6) Each party state may impose fees upon generators and shippers to recover the cost of the inspections and other practices under this Article. Nothing in this Article shall be construed to limit any party state’s authority to impose additional or more stringent standards on generators or carriers than those required under this Article. ARTICLE IV Regional Facilities (1) Facilities located in any party state, other than facilities established or maintained by individual low-level waste generators for the management of their own low-level waste, shall accept low-level waste generated in any party state if such waste has been packaged and transported according to applicable laws and regulations. (2) No facility located in any party state may accept low-level waste generated outside of the region comprised of the party states, except as provided in Article V. (3) Until such time as paragraph (2) of this Article takes effect as provided in Article VI, facilities located in any party state may accept low-level waste generated outside of any of the party states only if such wast