H*2185 Session 105 (1983-1984)
H*2185(Rat #0162, Act #0091 of 1983) General Bill, By H.H. Keyserling,
T.W. Edwards, P. Freeman, H.C. Granger, T.E. Huff, J.E. Kinard, Sheheen,
J.H. Toal and R.R. Woods
A Bill to amend Chapter 47, Title 48, Code of Laws of South Carolina, 1976,
relating to the Southeast Interstate Low-Level Radioactive Waste Management
Compact, so as to provide that the disposal facility in Barnwell County shall
no longer serve as a regional facility after December 31, 1992, and to provide
guidelines and the time table by which a successor host state and site shall
be chosen and ready to operate by 1991; to allow by a majority instead of
unanimous vote the authority to act, intervene, or appear upon written request
of both members of the Commission for the State; to delete the requirement
that the Governor of the party state must give written approval prior to
action on behalf of the State; to provide that any party state which becomes a
host state in which a regional facility is operated must not be designated by
the Commission as a host state for an additional regional facility; to provide
that notwithstanding the four-year notice before closure requirement, a host
state is not prevented from closing its facility or establishing conditions
for its use and operations as necessary for the protection of the health and
safety of its citizens; to provide that a host state may terminate or limit
access to its regional facility if Congress alters the conditions of this
Compact; to add the State of Virginia as an eligible party to the Compact; by
adding Section 48-47-340 so as to provide that if any member state refuses to
accept the designation as a host state South Carolina shall immediately
withdraw from the Compact subject to the provisions of Section 48-47-280 and
to provide that if South Carolina determines that any member state is not
acting in good faith in complying with the terms of the Compact then it shall
withdraw immediately; and to provide technical amendments throughout the
Chapter.-amended title
01/12/83 House Introduced and read first time HJ-293
01/12/83 House Referred to Committee on Judiciary HJ-294
02/03/83 House Committee report: Favorable with amendment
Judiciary HJ-626
03/02/83 House Debate interrupted HJ-1255
03/02/83 House Objection by Rep. Klapman, J. Bradley & Brett HJ-1262
03/02/83 House Objection withdrawn by Rep. Klapman & Brett HJ-1266
03/03/83 House Objection by Rep. P. Bradley HJ-1301
03/03/83 House Amended HJ-1301
03/03/83 House Read second time HJ-1316
03/08/83 House Read third time and sent to Senate HJ-1342
03/08/83 Senate Introduced and read first time SJ-640
03/08/83 Senate Referred to Committee on Judiciary SJ-640
05/25/83 Senate Committee report: Favorable with amendment
Judiciary SJ-1464
05/25/83 Senate Read second time SJ-1472
05/25/83 Senate Ordered to third reading with notice of
amendments SJ-1473
05/26/83 Senate Special order, set for consideration after the
Appeals Court and PSC SJ-1528
05/31/83 Senate Amended SJ-1639
05/31/83 Senate Read third time SJ-1640
05/31/83 Senate Returned SJ-1640
05/31/83 House Concurred in Senate amendment and enrolled HJ-3261
06/02/83 Ratified R 162
06/07/83 Signed By Governor
06/07/83 Effective date 06/07/83
06/07/83 Act No. 91
06/13/83 Copies available
(A91, R162, H2185)
AN ACT TO AMEND CHAPTER 47, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE
MANAGEMENT COMPACT, SO AS TO PROVIDE THAT THE DISPOSAL FACILITY IN BARNWELL
COUNTY SHALL NO LONGER SERVE AS A REGIONAL FACILITY AFTER DECEMBER 31, 1992,
AND TO PROVIDE GUIDELINES AND THE TIME TABLE BY WHICH A SUCCESSOR HOST STATE
AND SITE SHALL BE CHOSEN AND READY TO OPERATE BY 1991; TO ALLOW BY A MAJORITY
INSTEAD OF UNANIMOUS VOTE THE AUTHORITY TO ACT, INTERVENE, OR APPEAR UPON
WRITTEN REQUEST OF BOTH MEMBERS OF THE COMMISSION FOR THE STATE; TO DELETE
THE REQUIREMENT THAT THE GOVERNOR OF THE PARTY STATE MUST GIVE WRITTEN
APPROVAL PRIOR TO ACTION ON BEHALF OF THE STATE; TO PROVIDE THAT ANY PARTY
STATE WHICH BECOMES A HOST STATE IN WHICH A REGIONAL FACILITY IS OPERATED
MUST NOT BE DESIGNATED BY THE COMMISSION AS A HOST STATE FOR AN ADDITIONAL
REGIONAL FACILITY; TO PROVIDE THAT NOTWITHSTANDING THE FOUR-YEAR NOTICE
BEFORE CLOSURE REQUIREMENT, A HOST STATE IS NOT PREVENTED FROM CLOSING ITS
FACILITY OR ESTABLISHING CONDITIONS FOR ITS USE AND OPERATIONS AS NECESSARY
FOR THE PROTECTION OF THE HEALTH AND SAFETY OF ITS CITIZENS; TO PROVIDE THAT
A HOST STATE MAY TERMINATE OR LIMIT ACCESS TO ITS REGIONAL FACILITY IF
CONGRESS ALTERS THE CONDITIONS OF THIS COMPACT; TO ADD THE STATE OF VIRGINIA
AS AN ELIGIBLE PARTY TO THE COMPACT; BY ADDING SECTION 48-47-340 SO AS TO
PROVIDE THAT IF ANY MEMBER STATE REFUSES TO ACCEPT THE DESIGNATION AS A HOST
STATE SOUTH CAROLINA SHALL IMMEDIATELY WITHDRAW FROM THE COMPACT SUBJECT
TO THE PROVISIONS OF SECTION 48-47-280 AND TO PROVIDE THAT IF SOUTH CAROLINA
DETERMINES THAT ANY MEMBER STATE IS NOT ACTING IN GOOD FAITH IN COMPLYING
WITH THE TERMS OF THE COMPACT THEN IT SHALL WITHDRAW IMMEDIATELY; AND TO
PROVIDE TECHNICAL AMENDMENTS THROUGHOUT THE CHAPTER.
Whereas, the General Assembly supports the regional interstate compacting process as an effective means
of providing for the safe and efficient disposal of low-level radioactive waste; and
Whereas, the General Assembly affirms and pledges its continuing commitment to the goal of developing and
implementing an interstate compact for the southeastern United States. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Southeast Interstate Low-Level Radioactive Waste Management
Compact
SECTION 1. Chapter 47 of Title 48 of the 1976 Code, as added by Act 452 of 1982, is amended to read:
"CHAPTER 47
SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE
WASTE MANAGEMENT COMPACT
ARTICLE 1
POLICY AND PURPOSE
Section 48-47-10. This chapter may be cited as the Southeast Interstate Low-Level Radioactive Waste
Management Compact.
Section 48-47-20. 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 (Public Law
96-573), has provided for and encouraged the development of low-level radioactive waste compacts as a tool
for disposal of such waste. 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 and economical
management of low-level radioactive wastes.
Implicit in the Congressional consent to this compact is the expectation by 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;
2. imposition of sanctions against those found to be in violation of federal rules, regulations, and laws;
3. timely inspection of their licensees to determine their capability to adhere to such rules, regulations, and
laws;
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 3
DEFINITIONS
Section 48-47-30. As used in this compact, unless the context clearly requires a different construction:
1. 'Commission' or 'Compact Commission' means the Southeast Interstate Low-Level Radioactive Waste
Management Commission.
2. 'Facility' 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.
3. 'Generator' 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.
4. 'High-level waste' means irradiated reactor fuel, liquid wastes from reprocessing irradiated reactor fuel,
and solids into which such liquid wastes have been converted, and other highly radioactive waste material
as defined by the U. S. Nuclear Regulatory Commission.
5. 'Host state' means any state in which a regional facility is situated or is being developed.
6. 'Low-level radioactive waste' or 'waste' means radioactive waste not classified as high-level radioactive
waste, transuranic waste, spent nuclear fuel, or by-product material as defined in Section 11e, (2) of the
Atomic Energy Act of 1954, or as may be further defined by federal law or regulation.
7. 'Party state' means any state which is a signatory party to this compact.
8. 'Person' means any individual, corporation, business enterprise, or other legal entity (either public or
private).
9. 'Region' means the collective party states.
10. 'Regional facility' 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.
11. 'State' 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.
12. 'Transuranic wastes' 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 state under Section 274 of the Atomic Energy Act of 1954.
13. 'Waste management' means the storage, treatment, or disposal of waste.
ARTICLE 5
RIGHTS AND OBLIGATIONS
Section 48-47-40. 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.
Section 48-47-50. (A) Subject to any license issued by the U. S. Nuclear Regulatory Commission or a host
state, each party state has the right to have all wastes generated within its borders stored, treated, or disposed
of, as applicable, at regional facilities and, additionally, has the right of access to facilities made available to
the region through agreements entered into by the Commission pursuant to the provisions of item 9 of Section
48-47-70. 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 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 or states and approved by a two-thirds vote of the Commission.
(C) Each party state must 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 subsection (B) of Section 48-47-170.
(D) Each party state must 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 must provide to the Commission on an annual basis any data and information necessary
for the implementation of the Commission's responsibilities. Each party state must establish the capability
to obtain any data and information necessary to meet its obligation defined in this article.
(F) Each party state must, 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 7
THE COMMISSION
Section 48-47-60. (A) There is hereby created the Southeast Interstate Low-Level Radioactive Waste
Management Commission ('Commission' or 'Compact Commission'). 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's absence.
(B) Each commission member is entitled to one vote. No action of the Commission is 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 must elect from among its members a presiding officer. The Commission must adopt
and publish, in convenient form, bylaws which are consistent with this compact.
(D) The Commission must meet at least once a year and must 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 must be open to the public.
Section 48-47-70. The Commission has the following duties and powers:
1. To receive and approve the application of a nonparty state to become an eligible state in accordance with
the provisions of subsection (B) of Section 48-47-220.
2. To receive and approve the application of an eligible state to become a party state in accordance with the
provisions of subsection (C) of Section 48-47-220.
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.
4. To develop and use procedures for determining, consistent with consideration 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.
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.
6. To develop and adopt, within one year after the Commission is constituted as provided in Section
48-47-230, 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 Section 48-47-230,
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.
7. In accordance with the procedures and criteria developed pursuant to item 6 of this section, 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 that
facility. The Commission has the authority to revoke the membership of a party state that wilfully creates
barriers to the siting of a needed regional facility.
8. To require of and obtain from party states, eligible states seeking to become party states, and nonparty
states seeking to become eligible states, data and information necessary for the implementation of
Commission responsibilities.
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. The authorization to import requires
a two-thirds majority vote of the Commission, including an affirmative vote of both representatives of a host
state in which an affected regional facility is located. This shall be done only after an assessment of the
affected facility's capacity to handle these wastes.
10. To act or appear on behalf of any party state or states, only upon written request of both members of
the Commission from such state or states as an intervenor or party in interest before Congress, state
legislatures, any court of law, or any 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 the provisions of Section 48-47-270.
Section 48-47-80. The Commission may establish any advisory committees as it deems necessary for the
purpose of advising the Commission on any matters pertaining to the management of low-level radioactive
waste.
Section 48-47-90. The Commission may appoint or contract for and compensate a limited staff necessary
to carry out its duties and functions. The staff shall serve at the Commission'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 must 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 must be in a party state.
Section 48-47-100. Funding for the Commission must be provided as follows:
1. Each eligible state, upon becoming a party state, must pay twenty-five thousand dollars to the
Commission which must be used for costs of the Commission's services.
2. Each state hosting a regional disposal facility must annually levy special fees or surcharges on all users
of that facility, based upon the volume of wastes disposed of at these facilities, the total of which:
(a) must be sufficient to cover the annual budget of the Commission;
(b) must represent the financial commitments of all party states to the Commission;
(c) must be paid to the Commission; provided, however, that each host state collecting these fees or
surcharges may retain a portion of the collection sufficient to cover its administrative costs of collection and
that the remainder is sufficient only to cover the approved annual budgets of the Commission.
3. The Commission must set and approve its first annual budget as soon as practicable after its initial
meeting. Host states for regional disposal facilities must begin imposition of the special fees and surcharges
provided for in this section as soon as practicable after becoming party states, and must remit to the
Commission funds resulting from collection of such special fees and surcharges within sixty days of their
receipt.
Section 48-47-110. The Commission must keep accurate accounts of all receipts and disbursements. An
independent certified public accountant must annually audit all receipts and disbursements of Commission
funds and submit an audit report to the Commission. The audit report must be made a part of the annual
report of the Commission required by item 3 of Section 48-47-70.
Section 48-47-120. The Commission may accept for any of its purposes and functions any 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 section, together with the identity of the donor,
grantor, or lender must be detailed in the annual report of the Commission.
Section 48-47-130. The Commission is not 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.
Section 48-47-140. 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 nonparty 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.
Section 48-47-150. The Commission herein established is a legal entity separate and distinct from the party
states capable of acting in its own behalf and is liable for its actions. Liabilities of the Commission shall not
be deemed liabilities of the party states. Members of the Commission are not personally liable for action
taken by them in their official capacity.
Section 48-47-160. 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 and transporters of wastes and owners and operators of sites
are liable for their acts, omissions, conduct, or relationships in accordance with all laws relating thereto.
ARTICLE 9
DEVELOPMENT AND OPERATION OF FACILITIES
Section 48-47-170. (A) Any party state which becomes a host state in which a regional facility is operated,
must 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 therefor. This notification must 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 its 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 that Congress has materially
altered the conditions of this compact.
(C) Each party state designated as a host state for a regional facility must 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 borders.
ARTICLE 11
OTHER LAWS AND REGULATIONS
Section 48-47-180. 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 must comply with the
provisions of Article 5, Article 7, and Article 9 and is 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 United States Department of Energy or federal research and development
activities as defined in Public Law 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.
Section 48-47-190. 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.
Section 48-47-200. Upon formation of the compact no law or regulation of a party state or of any subdivision
or instrumentality thereof may be applied 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.
Section 48-47-210. Waste management restrictions at regional facilities pursuant to Section 48-47-140 are
enforceable as a matter of state law.
ARTICLE 13
ELIGIBLE PARTIES; WITHDRAWAL; REVOCATION;
ENTRY INTO FORCE; TERMINATION
Section 48-47-220. (A) This compact has 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 subsection (A) of
this section may petition the Commission, once constituted, to be declared eligible. The Commission may
establish the 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
the 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
is 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 subsection (A) of this section.
(C) Each state eligible to become a party state to this compact is declared a party state upon enactment of
this compact into law by that state and upon payment of the fees required by Section 48-47-100. The
Commission is the 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.
Section 48-47-230. The first three states eligible to become party states to this compact which enact this
compact into law and appropriate the fees required by Section 48-47-100 shall immediately, upon the
appointment of their Commission members: constitute themselves as the Southeast Low-Level Radioactive
Waste Management Commission; cause legislation to be introduced in Congress granting the consent of
Congress to this compact; and do those things necessary to organize the commission and implement the
provisions of this compact.
Section 48-47-240. All succeeding states eligible to become party states to this compact shall be declared
party states pursuant to the provisions of subsection (C) of Section 48-47-220.
Section 48-47-250. The consent of Congress is required for the full implementation of this compact. The
provisions of Section 48-47-170(D) shall not become effective until the effective date of the import ban
authorized by Section 48-47-140 as approved by Congress. Congress may by law withdraw its consent only
every five years.
Section 48-47-260. 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.
Section 48-47-270. 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 must be imposed only upon 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 that sanction, but in no event shall revocation take effect later
than ninety 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 must, 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 Houses of Representatives of the party
states, as well as chairmen of the appropriate committees of Congress.
Section 48-47-280. 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 notification in writing from the
governor of such party state of the recission 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 Houses of Representatives of the party states as well as the chairmen
of the appropriate committees of Congress.
Section 48-47-290. This compact may be terminated only by the affirmative action of Congress or by the
repeal of all laws enacting the compact in every party state.
ARTICLE 15
PENALTIES
Section 48-47-300. Each party state, consistent with its own law, must prescribe and enforce penalties against
any person not an official of another state for violation of any provision of this compact.
Section 48-47-310. 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 the imposition of sanctions by the host
state which may include suspension or revocation of the violator's right of access to the facility in the host
state.
ARTICLE 17
SEVERABILITY AND CONSTRUCTION
Section 48-47-320. The provisions of this compact are 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 circumstance shall not be affected thereby. If any
provision of this compact is held to be contrary to the Constitution of any participating state, 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 its purposes.
ARTICLE 19
COMPACT MEMBERS FROM SOUTH CAROLINA;
ADVISORY COMMITTEE; REGIONAL FACILITY IN
SOUTH CAROLINA
Section 48-47-330. (A) The two members of the Compact Commission from South Carolina, who may be
members of the General Assembly, must be appointed by the Governor with the advice and consent of the
Senate.
(B) Written approval from the Governor is required before a member of the Compact Commission from
South Carolina may (1) file a written request or (2) cast an affirmative vote on any application, authorization,
or petition provided for in Section 48-47-70 (10) or 48-47-220 (B).
(C) There is an advisory committee composed of two members appointed by the Speaker of the House, two
members appointed by the President of the Senate, two members of the Governor's Nuclear Advisory Council
to be appointed by the Governor, and the Chief of the Bureau of Radiological Health of the State Department
of Health and Environmental Control, ex officio, which members shall consult with and advise the state's
representatives to the Compact Commission concerning technical and policy matters; provided, however, that
at least one member representing the General Assembly shall be a member of the Joint Legislative Committee
on Energy. The Joint Legislative Committee on Energy and the Governor's Nuclear Advisory Council shall
provide necessary staff assistance to the advisory committee.
(D) To facilitate implementation of the Southeast Interstate Low-Level Radioactive Waste Management
Compact and as an expression of South Carolina's good faith to other southeastern states there is established
a joint legislative delegation to meet with legislative representatives of other southeastern states to discuss
the compact. The delegation shall consist of two members appointed by the President of the Senate and two
members appointed by the Speaker of the House; provided, however, that at least one delegate must be a
member of the Joint Legislative Committee on Energy.
Section 48-47-340. If any member state refuses to accept its designation as a host state, then South Carolina
shall immediately withdraw from this compact subject to the provisions of Section 48-47-280 and take
appropriate action to limit access to the facility located in this State.
If South Carolina determines at any time that any member state is not acting in good faith in complying with
all of the terms of the compact, then South Carolina shall withdraw immediately."
Time effective
SECTION 2. This act shall take effect upon approval by the Governor. |