RULE 5 Relating to the rotation of Host States

RULE 6 Relating to host site selection

RULE 7 Relating to acceptance of waste

RULE 8 Relating to assessment of fees for funding costs

RULE 9 Relating to assessment of fees for CIF

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

RULE 21 Relating to filing 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

5.1 GENERAL

Any party state which becomes a host state in which a regional facility

is operated shall not be required to be 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, unless such host state requests to continue operating

such facility. A state shall not be obligated to accept more than five

million cubic feet of waste at a regional facility or to operate a facility

for more than thirty years.

Adopted 4-24-87, Amended 6-8-87, June 30, 1992

6.1 GENERAL

Any developer selected by the Commission to develop a regional

facility shall work with individual locations within the member states,

and their geological surveys to identify geologic locations at which a

facility or facilities could be located in such state. Such developer is not

limited in collecting information or to consideration of any site within

the five-state region. Specifically, the developer is not limited to

examining any area that may have been identified in any screening

study previously conducted on behalf of the Commission. The

developer shall conduct complete site specific analyses separate and

distinct from any previously done on behalf of the Commission.

Adopted April 24, 1987

7.1 URANIUM CONVERSION FACILITY WASTE

When a party state becomes the host state for a regional facility, such

facility will not be designed for, nor will it accept storage, treatment, or

disposal, any raffinate or calcium fluoride radioactive by-product

material generated by a uranium conversion facility.

Adopted 6-8-S7, Amended June 30, 1992

8.1 GENERAL

At its meeting on June 29, 1987, the Commission authorized the hiring

of independent counsel to proceed with contract negotiations between

the Commission and US Ecology. While the Commission did not

specify the manner in which funds would be obtained to pay for

services of the independent counsel1 the intent was that each state

would independently secure funds in the amount of $40,000 for the

payment of counsel. The purpose of this Rule is to specify the manner

in which such funds may be raised and authorize the assessment of

such against generators of waste.

8.2 ASSESSMENT OF FEES

The Executive Director is hereby authorized and directed by the

Commission if the state so chooses and, upon written direction from

each state's Commissioner, to assess its portion of the "funds for

counsel" against those generators of waste within each state that

shipped for disposal at least 2,000 cubic feet of waste during the 1986

calendar year. Such assessment shall be on a pro rata basis, and as

provided in 8.1.

8.3 LIMITATIONS

This Rule shall be applicable only for the assessment of fees to pay for

the costs incurred by the Commission in hiring independent counsel to

negotiate an agreement with US Ecology to construct and operate a

regional facility.

Adopted September 22, 1987

9.1 GENERAL

At its meeting December 8, 1987, the Commission adopted the host state

selection conditions proposed by Governor Orr of Nebraska. One of the

conditions was that each non-host state should contribute $75,000 on

an annual basis to the Commission for payment to the host state until

a facility is operational. It is the policy of the Commission that each

non-host state is responsible for paying its annual share ($75,000) into

the Commission's budget so that the Commission can transfer such

funds to the host state's Community Improvements Cash Fund in a

timely manner. The purpose of this rule is to specify the manner in

which such funds may be raised if state appropriations are not

available, and authorize the assessment of a fee against certain

generators of waste.

9.2 ASSESSMENT OF FEES

The Executive Director is hereby authorized and directed by the

Commission, upon written direction from each state's Commissioner,

to assess that state's portion ($75,000) of the funds to be paid into the

Nebraska Community Improvements Cash Fund against those

generators of waste within that state that shipped for disposal at least

one thousand cubic feet of waste during the previous calendar year. If a

state shall have more than one qualifying generator, such assessment

shall be equally divided among the generators. If a state does not in a

timely manner authorize and direct the Executive Director to access the

generators as set forth in this paragraph or if no generator of waste

produces at least 1,000 cubic feet of waste during the previous year, the

non-host state shall contribute its $75,000 share for payment to the

Nebraska Community Improvements Cash Fund.

9.3 LIMITATIONS

This rule shall be applicable only for the assessment of fees to pay for

the costs associated with the obligation of the Commission to pay into

the Nebraska Community Improvements Cash Fund.

Adopted 11/4/88, Amended: 6/20/89,7/30/90, 1/17/92, June 30, 1992