POLICY STATEMENT Relating to administrative fee
RULE 10 Report of waste generated for disposal

RULE 21 Relating to filing a court action against the CIC

RULE 23 Relating to the withdrawal of a member state

RULE 24 Relating to the admission of new member states

RULE 27 Public notice and announcement procedures

To fulfill its duties and responsibilities as established by the Compact Law and

the Low-Level Radioactive Waste Policy Amendments Act of 1985 (Public

Law 99-240), the Commission requires a funding level greater than that

provided by the annual State appropriations to the Commission as

established in Article W1 Section h, of Compact Law. While this provision

discusses State funding for the Commission, it does not limit the

Commission in pursuing methods of funding other than that established in

Article IV, Section h. For example, Article IV Section m.9., authorizes the

Commission to, “Take such action as may be necessary to perform its duties

and functions as provided in this compact."

Therefore, in order to pride the necessary funds to carry out all of its

administrative responsibilities1 the Commission under the broad authority

granted it by the Compact including Article IV, Section m. 9. establishes the

policy that there shall be a fee for any person within the Compact Region

generating radioactive waste intended for eventual disposal in a facility

licensed for that purpose. The amount of such fees shall be set, according to

the need, each year by the Commission and shall be collected on a fiscal year

basis.

For the purpose of this policy and during the time that this Commission does

not have its own regional disposal facility, Commission fees do not affect the

low-level radioactive waste generators ability or responsibility to adhere to

and follow Federal or State laws, rules or regulations regarding low-level

radioactive waste generation, packaging and shipping.

Funds received for such shall be used for the purposes the Commission

determines are necessary to the ultimate development of a regional disposal

facility. The amount of such fees shall be set by the Commission at its annual

meeting and collected on a fiscal year basis, but may be modified as necessary

by the Commission.

In order to carry out its responsibilities relating to Articles III, IV, V and VI of

the Act, the Commission adopts the following rule of the Commission

relating to the report of waste generated for disposal.

Adopted June 21, 1994

10.1 FILING OF DOCUMENTION

Any person within the Compact Region generating low-level

radioactive waste intended for ultimate disposal in a facility licensed

for that purpose shall submit a report of same to the Commission's

Executive Director on or before September 1, of each year or within 60

days of the time it is determined that such waste has been generated for

disposal.

10.2 CONTENTS OF APPLICATION TO EXPORT WASTE

The report form for waste generated shall be that adopted by the

Commission (Forms C & D) and shall contain the information deemed

necessary by the Commission to analyze each report Such report

forms can be obtained from the Commission's office.

10.3 TRANSMISSION OF DOCUMENTATION

Each report shall be transmitted to the Commission's office with the

applicable fee. Reports shall not be considered for acceptance until the

applicable fee has been paid.

10.4 APPROVAL

The Commission shall approve or deny at any Annual meeting,

Regular Meeting, Special Meeting, Emergency Meeting or Telephone

Conference, the acceptance of any report of low-level radioactive waste

generated in the Compact region. Each report shall be considered

utilizing the following standards:

(1) Eligibility of the llrw is determinable from the representation on

the report form.

(2) All information requested on the report form is provided.

(3) Any other relevant information in addition to the report

requested by the Commission has been provided and resolves

any issue of eligibility.

Adopted: June 21, 1994

21.1 POLICY STATEMENT

Article IV, Section 1., of the Compact provides that "Any person or

party state aggrieved by a final decision of the Commission may obtain

judicial review of such decisions in the United States District Court in

the District wherein the Commission maintains its headquarters by

filing in such court a petition for review within 60 days after the

Commission's final decision. Proceedings thereafter shall be in

accordance with the rules of procedure applicable in such a court." The

purpose of this provision of the Compact is to specify in which federal

court an action against the Commission may be brought. There is no

question that jurisdiction for an action against the Commission lies in

the Federal District Courts. The language contained in the Compact

provides for the specific place where an action may be properly

instituted and the suit determined. This is known as venue. As a

matter of federal law and procedure, a court may have jurisdiction but

may lack proper venue. The Compact specifically addressed venue in

order to avoid what is commonly referred to as forum shopping.

Unlike subject matter jurisdiction, venue is a privilege personal to

each defendant, which can be waived. Waiver of venue may be either

specific or implied by failure to timely object. The Commission

recognizes that for fairness and convenience, a party challenging a

decision of the Commission should be able to file such an action

within each of the member states. For the purpose of ensuring fairness

to each of the member states, the Commission has adopted this Rule

pertaining to waiver of venue.

21.2 SPECIFIC WAIVER OF VENUE

The Commission hereby specifically waives the right to have an action

against it filed only in the federal district court wherein the

Commission's headquarters is located., The Commission as a matter of

policy, subjects itself to venue within the federal district court for the

capital city of each of the member states in addition to the venue

specified in the Compact. The Commission reserves its right to object

to venue if an action is filed in any federal district court which is not

the proper federal district for the city wherein the Commission's

headquarters is located or the capital city of each of the member states.

Adopted 6-8-87, Amended September 22, 1987