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

23.1 GENERAL

The Compact provides in Article VII, Section d., for the withdrawal of a

member state. A state seeking to withdraw must enact a statute

repealing the Compact. Unless permitted earlier by unanimous

approval of the Commission, withdrawal shall take effect five years

after the Governor of the withdrawing state has given notice in writing

of such withdrawal to each Governor of the party states.

Article VII, Section e., of the Compact provides for the suspension of a

party state's membership in the Compact and the revocation of such

membership by the Commission. The section also addresses penalties

the Commission may enforce against such state.

The purpose of this Rule is to specify the process of withdrawal and the

penalties the Commission shall enforce against a withdrawing state.

This Rule shall take effect upon its enactment by the Commission, and

shall have full force and effect, and be legally binding upon any state

that is a member of the Central Interstate Low-Level Radioactive Waste

Compact on June 8, 1987 and any state that subsequently becomes a

member of the Compact.

23.2 WITHDRAWAL

Any party state seeking to withdraw from the Compact may do so by

enacting a statute repealing the same. Such withdrawal shall not be

effective until five years after the Governor of such withdrawing state

has given notice in writing of the passage of such withdrawal

legislation to the Chairman of the Commission and to each Governor

of each party state.

23.3 COMMISSION ACTION

Upon receiving notice that a party state has withdrawn from the

Compact, the Chairman shall within 30 days convene a special meeting

of the Commission. The withdrawing state shall be notified of the

special meeting, and shall have opportunity to explain its withdrawal.

At such special meeting of the Commission, the Commission may find

that the withdrawing state has failed to comply with the terms of the

Compact, and thereby has failed to fulfill its obligations thereunder.

Upon such a finding, the Chairman shall notify the Governor of the

withdrawing state that its membership in the Compact is revoked. The

notification of revocation shall state the reason for the revocation, and

that the effective date of the revocation is one year from the date the

withdrawing state receives written notice of the Commission's action.

The revocation notice shall also specify any and all penalties the

Commission shall levy and enforce against the state.

23.4 PENALTIES

Any party state withdrawing from the Compact or having been found

to have violated the terms of the Compact and having its membership

revoked by the Commission, shall be subject to the following penalties.

a. Such state shall pay to the Commission $125,000, which amount

shall represent the amount such state would have contributed to

the Commission's budget during the five year period.

b. Such state shall pay to the Commission an amount determined

by the Commission to be equal to the sum of money that such

states waste generators would have contributed to the budget of

the Commission during the five year period.

c. Such state shall pay to the Commission an amount equal to any

rebate funds lost by the Commission for failure to meet

milestones specified in Public Law 99-240, if the Commission

determines that failure to meet the milestones is caused by the

withdrawal and/or revocation of such state.

d. If the withdrawing state, at the time of its withdrawal, is the host

for a regional facility such state shall continue to make the

facility available to the region's waste generators until such time

that a new regional facility is developed and operational. Under

such withdrawal circumstances, the Commission may also assess

any costs associated with the development of a new regional

facility on the state which has withdrawn and/or had its

membership revoked.

e. if the region has an operational regional waste facility at the time

of withdrawal and/or revocation, such state shall forfeit the

rights of its generators to use such facility.

f. If the withdrawal and/or revocation takes effect during a period

the region has an operational regional facility, the withdrawing

state shall pay to the Commission an amount equal to that

which its waste generators would have paid to the operator of

such regional facility in fees during the five year period

subsequent to the withdrawal and/or revocation. Such amount

shall be based 6n prior years use of the facility and projected

waste volumes as determined by the Commission.

g. Any state withdrawing from the Compact shall not be permitted

to rejoin the Compact at a later date.

Adopted 6-8-87, Amended June 30, 1992

24.1 GENERAL

The Compact provides in Article VII b. and c., that a non-member state

may petition the Commission for eligibility to join the Compact, and

may become eligible to join the Compact. The purpose of this rule is to

specify the procedures which apply to a state petitioning to become

eligible for membership in the Compact, and the manner in which an

eligible state becomes a party to the Compact.

24.2 PETITION FOR ELIGIBILITY

A state seeking to become eligible for membership in the Compact shall

submit a written petition to the Chairman of the Commission. Such

petition shall specifically indicate that the petitioning state seeks to

become a member of the Central Interstate Low-Level Radioactive

Waste Compact, the reasons supporting such request that such state

recognizes and understands the legal ramifications and liabilities of

such membership, that such state is not a member of any other

Compact and is not pursuing membership in another Compact. The

petition shall be signed by the Governor of the petitioning state.

24.3 DOCUMENTATION TO BE FURNISHED IN CONJUNCTION
WITH A PETITION

A state submitting a petition to become eligible to join the Compact

shall provide within 30 days of submitting such petition the following

information.

a. An inventory of the amounts and classifications of waste

generated by the generators of such state during the period 1980

thru the date of the petition.

b. Projections of the amounts and classification of waste to be

generated during the thirty years following the petition.

c. A mailing list of all current and anticipated generators of waste

within the petitioning state.

d. A statement regarding the willingness of the petitioning state to

serve as a host state for the Central Interstate Low-Level

Radioactive Waste Compact.

e. Evidence, by way of documentation, that the petitioning state

has in place all pertinent laws and regulations required to license

a low-level radioactive waste facility within such state. The

petitioning state must also make a showing that its laws and

regulations are not inconsistent with the terms of the Compact.

f. The Commission may request such other documentation and

information it determines necessary to properly consider the

petition.

24.4 ACTION BY THE COMMISSION

a. Within 10 days of receipt of a petition from a non-member state

to join the Compact1 the Executive Director shall forward a copy

of such petition to each member of the Commission. Within 60

days of receipt of the information specified in Rule 24.3, the

Chairman shall convene a meeting, except that such meeting

shall not be an emergency meeting, of the Commission for the

purpose of considering such petition.

b. The Commission shall afford a petitioning state the opportunity

to address the Commission regarding its petition at the meeting

convened by the Chairman. The Commission shall render a

decision regarding acceptance or rejection of the petition at a

regularly scheduled meeting of the Commission. No state shall

be granted eligibility to join the Compact unless the Commission

votes unanimously in favor of its petition.

24.5 ELIGIBLE STATE BECOMING A MEMBER STATE

Upon notification that the Commission has granted it eligibility status,

a petitioning state may become a member of the Compact by enacting

the Compact into law. The eligible state shall become a member of the

Compact at such time that the Compact has been enacted into law in

such state, and the state has paid any dues and other monetary

assessment the Commission may require.

Adopted 6-8-87, Amended June 30, 1992