Illinois Compiled Statutes
Chapter 45 - INTERSTATE COMPACTS
45 ILCS 140/ - Central Midwest Radioactive Waste Compact Act.

(45 ILCS 140/0.01) (from Ch. 127, par. 63v)
Sec. 0.01.
Short title.
This Act may be cited as the
Central Midwest Radioactive Waste Compact Act.

(Source: P.A. 86-1324.)
 
(45 ILCS 140/1) (from Ch. 127, par. 63v-1)
Sec. 1.
The State of Illinois ratifies and approves the following compact:



There is created the Central Midwest Interstate Low-Level Radioactive
Waste Compact.
The states party to this compact recognize that the Congress of the
United States, by enacting the Low-Level Radioactive Waste Policy Act (42
U.S.C. 2021), has provided for and encouraged the development of low-level
radioactive waste compacts as a tool for managing such waste. The party
states also recognize that the management of low-level radioactive waste is
handled most efficiently on a regional
basis; and, that the safe and efficient management of low-level radioactive
waste generated within the region requires that sufficient capacity to
manage such waste be properly provided.
a) It is the policy of the party states to enter into a regional
low-level radioactive waste management compact for the purpose of:
1) providing the instrument and framework for a cooperative effort;
2) providing sufficient facilities for the proper management of
low-level radioactive waste generated in the region;
3) protecting the health and safety of the citizens of the region;
4) limiting the number of facilities required to manage low-level
radioactive waste generated in the region effectively and efficiently;
5) promoting the volume and source reduction of low-level radioactive
waste generated in the region;
6) distributing the costs, benefits and obligations of successful low-level
radioactive waste management equitably among the party states and among
generators and other persons who use regional facilities to manage their waste;
7) ensuring the ecological and economical management of low-level
radioactive waste, including the prohibition of shallow-land burial of waste; and
8) promoting the use of above-ground facilities and other disposal
technologies providing greater and safer confinement of low-level
radioactive waste than shallow-land burial facilities.
b) Implicit in the Congressional consent to this compact is the
expectation by the 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; and
3) timely inspection of their licensees to determine their compliance with
these rules, regulations and laws.



As used in this compact, unless the context clearly requires a
different construction:
a) "Commission" means the Central Midwest Interstate Low-Level
Radioactive Waste Commission.
b) "Decommissioning" means the measures taken at the end of a facility's
operating life to assure the continued protection of the public from any
residual radioactivity or other potential hazards present at a facility.
c) "Disposal" means the isolation of waste from the biosphere
in a permanent facility designed for that purpose.
d) "Eligible state" means either the State of Illinois or the
Commonwealth of Kentucky.
e) "Extended care" means the continued observation of a facility after
closure for the purpose of detecting a need for maintenance, ensuring
environmental safety, and determining compliance with applicable licensure
and regulatory requirements and includes undertaking any action or clean-up
necessary to protect public health and the environment from radioactive
releases from a regional facility.
f) "Facility" means a parcel of land or site, together with the
structures, equipment and improvements on or appurtenant to the land or
site, which is used or is being developed for the treatment, storage or
disposal of low-level radioactive waste.
g) "Generator" means a person who produces or possesses low-level
radioactive waste in the course of or incident to manufacturing, power
generation, processing, medical diagnosis and treatment, research, or other
industrial or commercial activity and who, to the extent required by law,
is licensed by the U.S. Nuclear Regulatory Commission or a party state, to
produce or possess such waste.
h) "Host state" means any party state that is designated by the Commission
to host a regional facility.
i) "Institutional control" means those activities carried out by the
host state to physically control access to the disposal site following
transfer of control of the disposal site from the disposal site operator to
the state or federal government.
These activities must include, but need not be limited to, environmental
monitoring, periodic surveillance, minor custodial care, and other
necessary activities at the site as determined by the host state, and
administration of funds to cover the costs for these activities. The
period of institutional control will be determined by the host state, but
institutional control may not be relied upon for more than 100 years
following transfer of control of the disposal site to the state or
federal government.
j) "Long-term liability" means the financial obligation to compensate
any person for medical and other expenses incurred from damages to human
health, personal injuries suffered from damages to human health and damages
or losses to real or personal property, and to provide for the costs for
accomplishing any necessary corrective action or clean-up on real or
personal property caused by radioactive releases from a regional facility.
k) "Low-level radioactive waste" or "waste" means radioactive waste not
classified as (1) high-level radioactive waste, (2) transuranic waste, (3)
spent nuclear fuel, or (4) by-product material as defined in Section 11e(2)
of the Atomic Energy Act of 1954. This definition shall apply notwithstanding
any declaration by the federal government, a state or any regulatory agency
that any radioactive material is exempt from any regulatory control.
l) "Management plan" means the plan adopted by the Commission for the
storage, transportation, treatment and disposal of waste within the region.
m) "Manifest" means a shipping document identifying the generator of
waste, the volume of waste, the quantity of radionuclides in the shipment, and
such other information as may be required by the appropriate regulatory agency.
n) "Party state" means any eligible state which enacts the compact into
law and pays the membership fee.
o) "Person" means any individual, corporation, business enterprise or
other legal entity, either public or private, and any legal successor,
representative, agent or agency of that individual, corporation, business
enterprise, or legal entity.
p) "Region" means the geographical area of the party states.
q) "Regional facility" means any facility as defined in
Article II (f) that is (1) located within the region,
and (2) established by a party state pursuant to
designation of that state as a host state by the Commission.
r) "Shallow-land burial" means a land disposal facility in which
radioactive waste is disposed of in or within the upper 30 meters of the
earth's surface; however, this definition shall not include an enclosed,
engineered, strongly structurally enforced and solidified bunker that
extends below the earth's surface.
s) "Site" means the geographic location of a facility.
t) "Source reduction" means those administrative practices that reduce
the radionuclide levels in low-level radioactive waste or that prevent the
generation of additional low-level radioactive waste.
u) "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.
v) "Storage" means the temporary holding of waste for treatment or disposal.
w) "Treatment" means any method, technique or process, including storage
for radioactive decay, designed to change the physical, chemical or
biological characteristics or composition of any waste in order to render
the waste safer for transport or management, amenable to recovery,
convertible to another usable material or reduced in volume.
x) "Volume reduction" means those methods including, but not limited to,
biological, chemical, mechanical and thermal methods used to reduce the
amount of space that waste materials occupy and to put them into a form
suitable for storage or disposal.
y) "Waste management" means the source and volume reduction, storage,
transportation, treatment or disposal of waste.



a) There is created the Central Midwest Interstate Low-Level Radioactive
Waste Commission. Upon the eligible states becoming party states, the
Commission shall consist of two voting Commissioners from each state eligible
to be designated a host state under Article VI(b), one voting Commissioner from
any other party state, and for each regional facility, one non-voting
Commissioner who is an elected official of local government and a resident of
the county where that regional facility is located. The Governor of each party
state shall notify the Commission in writing of its Commissioners and any
alternates.
b) Each voting Commissioner is entitled to one
vote. No action of the Commission is binding unless a majority of the
voting membership casts its vote in the affirmative.
In addition, no agreement by the Commission under Article III(i)(1),
Article III(i)(2), or Article III(i)(3) is valid unless all voting
Commissioners from the party state in which the facility where the waste
would be sent is located cast their votes in the affirmative.
c) The Commission shall elect annually from among its members a
chairperson. The Commission shall adopt and publish, in convenient form,
by-laws and policies that are not inconsistent with this compact, including
procedures that conform with the provisions of the Federal Administrative
Procedure Act (5 U.S.C. ss. 500 to 559) to the greatest extent practicable
in regard to notice, conduct and recording of meetings; access by the
public to records; provision of information to the public; conduct of
adjudicatory hearings; and issuance of decisions.
d) The Commission shall meet at least once annually and shall also meet
upon the call of any voting Commissioner.
e) All meetings of the Commission and its designated committees shall be
open to the public with reasonable advance notice. The Commission may, by
majority vote, close a meeting to the public for the purpose of considering
sensitive personnel or legal strategy matters. However, all Commission
actions and decisions shall be made in open meetings and appropriately
recorded. A roll call may be required upon request of any voting
Commissioner.
f) The Commission may establish advisory committees for the purpose of
advising the Commission on any matters pertaining to waste management,
waste generation and source and volume reduction.
g) The Office of the Commission shall be in Illinois. The Commission may
appoint or contract for and compensate such staff necessary to carry out its
duties and functions. The staff shall serve at the Commission's pleasure with
the exception that staff hired as the result of securing federal funds shall be
hired and governed under applicable federal statutes and regulations. In
selecting any staff, the Commission shall assure that the staff has adequate
experience and formal training to carry out the functions assigned to it by the
Commission.
h) All files, records and data of the Commission shall be open to
reasonable public inspection and may be copied upon payment of reasonable
fees to be established where appropriate by the Commission, except for
information privileged against introduction in judicial proceedings. Such
fees may be waived or shall be reduced substantially for not-for-profit
organizations.
i) The Commission may:
1) Enter into an agreement with any person to allow waste from outside
the region to be disposed of at facilities in the region. However, no
such agreement shall be effective unless and until ratified by a law enacted by
the party state to which the waste would be sent for disposal.
2) Enter into an agreement with any person to allow waste described in
Article VII(a)(6) to be treated, stored, or disposed of at regional
facilities. However, no such agreement shall be effective unless and until
ratified by a law enacted by the host state of the regional facility
where the waste would be sent for treatment, storage, or disposal.
3) Enter into an agreement with any person to allow waste from outside
the region to be treated or stored at facilities in the region. However,
any such agreement shall be revoked as a matter of law if, within one year
of the effective date of the agreement, a law is enacted ordering the
revocation by the party state where the waste would be sent for treatment or storage.
4) Approve, or enter into an agreement with any person for, the export
of waste from the region.
5) Approve the disposal of waste generated within the region at a
facility in the region other than a regional facility, subject to the
limitations of Articles V(f) and VII(a)(6).
6) Require that waste generated within the region be treated or stored
at available regional facilities, subject to the limitations of Articles
V(f), VII(a)(3) and VII(a)(6).
7) Appear as an intervenor or party in interest before any court of law
or any federal, state or local agency, board or commission in any matter
related to waste management. In order to represent its views, the
Commission may arrange for any expert testimony, reports, evidence or
other participation.
8) Review the emergency closure of a regional facility, determine the
appropriateness of that closure, and take whatever actions are necessary to
ensure that the interests of the region are protected, provided that a
party state with a total volume of waste recorded on low-level radioactive
waste manifests for any year that is less than 10 percent of the total
volume recorded on such manifests for the region during the same year shall
not be designated a host state or be required to store the region's waste.
In determining the 10 percent exclusion, there shall not be included waste
recorded on low-level radioactive waste manifests by a person whose
principal business is providing a service by arranging for the collection,
transportation, treatment, storage or disposal of such waste.
9) Take any action which is appropriate and necessary to perform its
duties and functions as provided in this compact.
10) Suspend the privileges or revoke the membership of a party state.
j) The Commission shall:
1) Submit within 10 days of its execution to the governor and the
appropriate officers of the legislative body of the party state in which
any affected facility is located a copy of any agreement entered into by
the Commission under Article III(i)(1), Article III(i)(2) or Article
III(i)(3).
2) Submit an annual report to, and otherwise communicate
with, the governors and the appropriate officers of the legislative bodies of
the party states regarding the activities of the Commission. The annual report
shall include a description of the status of the activities taken pursuant to
any agreement entered into by the Commission under Article III(i)(1), Article
III(i)(2) or Article III(i)(3) and any violation of any provision thereof, and
a description of the source, volume, activity, and current status of any waste
from outside the region or waste described under Article VII(a)(6) that was
treated, stored or disposed of in the region in the previous year.
3) Hear, negotiate, and, as necessary, resolve by final decision
disputes which may arise between the party states regarding this compact.
4) Adopt and amend, as appropriate, a regional management plan that
plans for the establishment of needed regional facilities.
5) Adopt an annual budget.
k) Funding of the budget of the Commission shall be provided as follows:
1) Each state, upon becoming a party state, shall pay $50,000 to the
Commission which shall be used for the administrative costs of the Commission.
2) Each state hosting a regional facility shall levy surcharges on each
user of the regional facility based upon its portion of the total volume
and characteristics of wastes managed at that facility. The surcharges
collected at all regional facilities shall:
A) be sufficient to cover the annual budget of the Commission; and
B) be paid to the Commission, provided, however, that each host state
collecting surcharges may retain a portion of the collection sufficient to
cover its administrative costs of collection.
l) The Commission shall keep accurate accounts of all receipts and
disbursements. The Commission shall contract with an independent certified
public accountant to annually audit all receipts and disbursements of
Commission funds and to submit an audit report to the Commission. The
audit report shall be made a part of the annual report of the Commission
required by this Article.
m) The Commission may accept for any of its purposes and functions and
may utilize and dispose of any donations, grants of money, equipment,
supplies, materials and services from any state or the United States (or
any subdivision or agency thereof), or interstate agency, or from any
institution, person, firm or corporation. The nature, amount and
condition, if any, attendant upon any donation or grant accepted or
received by the Commission together with the identity of the donor, grantor
or lender, shall be detailed in the annual report of the Commission. The
Commission shall establish guidelines for the acceptance of donations,
grants, equipment, supplies, materials and services and shall review such
guidelines annually.
n) The Commission is not liable for any costs associated with any of
the following:
1) the licensing and construction of any facility;
2) the operation of any facility;
3) the stabilization and closure of any facility;
4) the extended care of any facility;
5) the institutional control, after extended care of any facility; or
6) the transportation of waste to any facility.
o) The Commission is a legal entity separate and distinct from the party
states and is liable for its actions as a separate and distinct legal
entity. Commissioners are not personally liable for actions
taken by them in their official capacity.
p) Except as provided under Article III(n), Article III(o), Article
VI(p) and Article VI(q), nothing in this compact alters liability for any
action, omission, course of conduct or liability resulting from any causal or
other relationships.
q) Any person aggrieved by a final decision of the Commission which
adversely affects the legal rights, duties or privileges of such person,
may petition a court of competent jurisdiction, within 60 days after the
Commission's final decision, to obtain judicial review of said final decision.



The Commission shall adopt a regional management plan designed to ensure
the safe and efficient management of waste generated within the region. In
adopting a regional waste management plan the Commission shall:
a) Adopt procedures for determining, consistent with considerations of
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.
b) Develop and adopt policies promoting source and volume reduction of
waste generated within the region.
c) Develop alternative means for the treatment, storage and disposal of
waste, other than shallow-land burial or underground injection well.
d) Prepare a draft regional management plan that shall be made available
in a convenient form to the public for comment. The Commission shall
conduct one or more public hearings in each party state prior to the
adoption of the regional management plan. The regional management plan
shall include the Commission's response to public and party state comment.



a) Each party state shall act in good faith in the performance of acts
and courses of conduct which are intended to ensure the provision of facilities
for regional availability and usage in a manner consistent with this compact.
b) Other than the provisions of Article V(f) and VII(a)(6), each
party state has the right to have all wastes generated within its borders
managed at regional facilities. This right shall be subject to the
provisions of this Compact. All party states have an equal right of access to
any facility outside the region made available to the region by any agreement
entered into by the Commission pursuant to Article III(i)(4).
c) Party states or generators may negotiate for the right of access to a
facility outside the region and may export waste outside the region subject
to Commission approval under Article III(i)(4).
d) To the extent permitted by federal law, each party state may enforce
any applicable federal and state laws, regulations and rules pertaining to
the packaging and transportation of waste generated within or passing
through its borders. Nothing in this Section shall be construed to require
a party state to enter into any agreement with the U.S. Nuclear Regulatory
Commission.
e) Each party state shall provide to the Commission any data and
information the Commission requires to implement its responsibilities.
Each party state shall establish the capability to obtain any data and
information required by the Commission.
f) Waste originating from the Maxey Flats nuclear waste disposal site in
Fleming County, Kentucky shall not be shipped to any
facility in Illinois for storage, treatment or disposal. Disposition
of these wastes shall be the sole responsibility of the Commonwealth of
Kentucky and such waste shall not be subject to the provisions of
Article IX(b)(3) and (4) of this compact.



a) Any party state may volunteer to become a host state, and the
Commission may designate that state as a host state.
b) If all regional facilities required by the regional management plan
are not developed pursuant to Article VI(a), or upon
notification that an existing regional facility will be closed, the
Commission may designate a party state as a host state.
A party state shall not be designated as a host state for any regional
facility under this Article VI(b) unless that state's total volume of waste
recorded on low-level radioactive waste manifests for any year is more than
10% of the total volume recorded on those manifests for the region during the
same year. In determining the 10% exclusion, there shall not be included
waste recorded on low-level radioactive waste manifests by a person whose
principal business is providing a service by arranging for the collection,
transportation, treatment, storage or disposal of such waste, or waste
described in Article VII(a)(6).
c) Each party state designated as a host state is responsible for
determining possible facility locations within its borders. The selection
of a facility site shall not conflict with applicable federal and host
state laws, regulations and rules not inconsistent with this compact and
shall be based on factors including, but not limited to, geological,
environmental, engineering and economic viability of possible facility
locations.
d) Any party state designated as a host state may request the Commission
to relieve that state of the responsibility to serve as a host state. The
Commission may relieve a party state of this responsibility upon a
showing by the requesting party state that no feasible potential regional
facility site of the type it is designated to host exists within its borders or
for other good cause shown and consistent with the purposes of the Compact.
e) After a state is designated a host state by the Commission, it is
responsible for the timely development and operation of a regional facility.
f) To the extent permitted by federal and state law, a host state shall
regulate and license any facility within its borders and ensure the
extended care of that facility.
g) The Commission may designate a party state as a host state while a
regional facility is in operation if the Commission determines that an
additional regional facility is or may be required to meet the needs of
the region.
h) Designation of a host state is for a period of 20 years
or the life of the regional facility which is established under that
designation, whichever is shorter. Upon request of a host state, the
Commission may modify the period of its designation.
i) A host state may establish a fee system for any regional
facility within its borders. The fee system shall be reasonable and
equitable. This fee system shall provide the host state with sufficient
revenue to cover any costs including, but not limited to, the planning,
siting, licensure, operation, pre-closure corrective action or clean-up,
monitoring, inspection, decommissioning, extended care and long-term
liability, associated with such facilities. This fee system may provide
for payment to units of local government affected by a regional facility
for costs incurred in connection with such facility. This fee system may
also include reasonable revenue beyond the costs incurred for the host
state, subject to approval by the Commission. The fee system shall include
incentives for source or volume reduction and may be based on the hazard of
the waste. A host state shall submit an annual financial audit of the
operation of the regional facility to the Commission.
j) A host state shall ensure that a regional facility located within its
borders which is permanently closed is properly decommissioned. A host state
shall also provide for the extended care of a closed or decommissioned regional
facility within its borders so that the public health and safety of the state
and region are ensured, unless, pursuant to the federal Nuclear Waste Policy
Act of 1982, the federal government has assumed title and custody of the
regional facility and the federal government thereby has assumed responsibility
to provide for the extended care of such facility.
k) A host state intending to close a regional facility located within
its borders shall notify the Commission in writing of its intention and the
reasons. Notification shall be given to the Commission at least five years
prior to the intended date of closure. This Section shall not prevent an
emergency closing of a regional facility by a host state to protect its
air, land and water resources and the health and safety of its citizens.
However, a host state which has an emergency closing of a regional facility
shall notify the Commission in writing within 3 working days
of its action and shall, within 30 working days of its action, demonstrate
justification for the closing.
l) If a regional facility closes before an additional or new facility
becomes operational, waste generated within the region may be shipped
temporarily to any location agreed on by the Commission until a regional
facility is operational, provided that the region's waste shall not be
stored in a party state with a total volume of waste recorded on low-level
radioactive waste manifests for any year which is less than 10% of the total
volume recorded on the manifests for the region during the same year. In
determining the 10% exclusion, there shall not be included
waste recorded on low-level radioactive waste manifests by a person whose
principal business is providing a service by arranging for the collection,
transportation, treatment, storage or disposal of such waste, or waste
described in Article VII(a)(6).
m) A party state which is designated as a host state by the Commission
and fails to fulfill its obligations as a host state may have its
privileges under the compact suspended or membership in the compact revoked
by the Commission.
n) The host state shall create an "Extended Care and Long-Term Liability
Fund" and shall allocate sufficient fee revenues, received pursuant to
Article VI(i), to provide for the costs of:
1) decommissioning and other procedures required for the proper closure
of a regional facility;
2) monitoring, inspection and other procedures required for the proper
extended care of a regional facility;
3) undertaking any corrective action or clean-up necessary to protect
human health and the environment from radioactive releases from a
regional facility;
4) compensating any person for medical and other expenses incurred from
damages to human health, personal injuries suffered from damages to human
health and damages or losses to real or personal property, and
accomplishing any necessary corrective action or clean-up on real or
personal property caused by radioactive releases from a regional facility;
the host state may allocate monies in this Fund in amounts as it deems
appropriate to purchase insurance or to make other similar financial
protection arrangements consistent with the purposes of this Fund; this
Article VI(n) shall in no manner limit the financial responsibilities of the
site operator under Article VI(o), the party states under Article VI(p), or any
person who sends waste to a regional facility, under Article VI(q).
o) The operator of a regional facility shall purchase an amount of
property and third-party liability insurance deemed appropriate by the host
state, pay the necessary periodic premiums at all times and make periodic
payments to the Extended Care and Long-Term Liability Fund as set forth in
Article VI(n) for such amounts as the host state reasonably determines is
necessary to provide for future premiums to continue such insurance
coverage, in order to pay the costs of compensating any person for medical
and other expenses incurred from damages to human health, personal injuries
suffered from damages to human health and damages or losses to real or
personal property, and accomplishing any necessary corrective action or
clean-up on real or personal property caused by radioactive releases from a
regional facility. In the event of such costs resulting from radioactive
releases from a regional facility, the host state should, to the maximum
extent possible, seek to obtain monies from such insurance prior to using
monies from the Extended Care and Long-Term Liability Fund.
p) All party states shall be liable for the cost
of extended care and long-term liability in excess of monies available from
the Extended Care and Long-Term Liability Fund, as set forth in Article
VI(n) and from the property and third-party liability
insurance as set forth in Article VI(o). A party
state may meet such liability for costs by levying surcharges upon
generators located in the party state. The extent of such
liability shall be based on the proportionate share of
the total volume of waste placed in the regional facility by generators
located in each such party state. Such liability shall be joint and
several among the party states with a right of contribution between the
party states. However, this Section shall not apply to a party state with
a total volume of waste recorded on low-level radioactive waste manifests
for any year that is less than 10% of the total volume
recorded on such manifests for the region during the same year.
q) Any person who sends waste from outside the region or waste
described in Article VII(a)(6) for treatment, storage or disposal at a
regional facility shall be liable for the cost of extended care and
long-term liability of that regional facility in excess of the monies
available from the Extended Care and Long-Term Liability Fund as set forth
in Article VI(n) and from the property and third-party liability insurance
as set forth in Article VI(o). The extent of the liability for the person
shall be based on the proportionate share of the total volume of waste sent
by that person to the regional facility.



a) Nothing in this compact:
1) abrogates or limits the applicability of any act of Congress or
diminishes or otherwise impairs the jurisdiction of any federal agency
expressly conferred thereon by the Congress;
2) prevents the enforcement of any other law of a party state which is
not inconsistent with this compact;
3) prohibits any storage or treatment of waste by the generator on its
own premises;
4) affects any administrative or judicial proceeding pending on the
effective date of this compact;
5) alters the relations between the respective internal responsibility
of the government of a party state and its subdivisions;
6) establishes any right to the treatment, storage or disposal at any
facility in the region or provides any authority to prohibit export from the
region of waste that is owned or generated by the United States Department of
Energy, owned or generated by the United States Navy as a result of the
decommissioning of vessels of the United States Navy, or
owned or generated as
the result of any research, development, testing or production of any atomic
weapon; or
7) affects the rights and powers of any party state or its political
subdivisions, to the extent not inconsistent with this compact, to regulate
and license any facility or the transportation of waste within its borders
or affects the rights and powers of any state or its political subdivisions
to tax or impose fees on the waste managed at any facility within its borders;
8) requires a party state to enter into any agreement with the U.S.
Nuclear Regulatory Commission; or
9) alters or limits liability of transporters of waste and owners and
operators of sites for their acts, omissions, conduct or relationships in
accordance with applicable laws.
b) For purposes of this compact, all state laws or parts of laws in
conflict with this compact are hereby superseded to the extent of the conflict.
c) No law, rule, regulation, fee or surcharge of a party state, or of
any of its subdivisions or instrumentalities, may be applied in a manner
which discriminates against the generators of another party state.
d) No person who provides a service by arranging for collection,
transportation, treatment, storage or disposal of waste from outside the region
shall be allowed to dispose of any waste, regardless of origin, in the region
unless specifically permitted under an agreement entered into by the Commission
in accordance with the requirements of Article III(i)(1).



a) Eligible parties to this compact are the State of Illinois and
Commonwealth of Kentucky. Eligibility terminates on April 15, 1985.
b) An eligible state becomes a party state when the state enacts the
compact into law and pays the membership fee required in Article III(k)(1).
c) The Commission is formed upon the appointment of the Commissioners
and the tender of the membership fee payable to the Commission by the
eligible states. The Governor of Illinois shall convene the initial
meeting of the Commission. The Commission shall cause legislation to be
introduced in the Congress which grants the consent of the Congress to this
compact, and shall take action necessary to organize the Commission and
implement the provisions of this compact.
d) Other than the special circumstances for withdrawal in Section (f) of
this Article, either party state may withdraw from this compact at any time
by repealing the authorizing legislation, but no withdrawal may take effect
until 5 years after the Governor of the withdrawing state gives notice
in writing of the withdrawal to the Commission and to the Governor of the
other state. Withdrawal does not affect any liability already incurred by
or chargeable to a party state prior to the time of such withdrawal. Any
host state which grants a disposal permit for waste generated in a withdrawing
state shall void the permit when the withdrawal of that state is effective.
e) This compact becomes effective July 1, 1984, or at any date
subsequent to July 1, 1984, upon enactment by the eligible states.
However, Article IX(b) shall not take effect until the Congress
has by law consented to this compact. The Congress shall have an
opportunity to withdraw such consent every 5 years. Failure of the
Congress affirmatively to withdraw its consent has the effect of renewing
consent for an additional 5 year period. The consent given to this
compact by the Congress shall extend to the power of the region to ban the
shipment of waste into the region pursuant to Article III(i)(1) and to
prohibit exportation of waste generated within the region under Article
III(i)(4).
f) A state which has been designated a host state may withdraw from the
compact. The option to withdraw must be exercised within 90 days
of the date the Governor of the designated state receives written notice of
the designation. Withdrawal becomes effective immediately after notice is
given in the following manner. The Governor of the withdrawing state shall
give notice in writing to the Commission and to the Governor of each party
state. A state which withdraws from the compact under this Section
forfeits any funds already paid pursuant to this compact. A designated
host state which withdraws from the compact after 90 days and prior to
fulfilling its obligations shall be assessed a sum the Commission
determines to be necessary to cover the costs borne by the Commission and
remaining party states as a result of that withdrawal.



a) Each party state shall prescribe and enforce penalties against any
person who is not an official of another state for violation of any
provision of this compact.
b) Unless authorized by the Commission pursuant to Article
III(i), or otherwise provided in this compact, after January 1, 1986 it
is a violation of this compact:
1) for any person to deposit at a facility in the
region waste from outside the region;
2) for any facility in the region to accept waste
from outside the region;
3) for any person to export from the region waste that is
generated within the region;
4) for any person to dispose of waste at a facility other than a
regional facility;
5) for any person to deposit at a regional facility waste described in
Article VII(a)(6); or
6) for any regional facility to accept waste described in Article VII(a)(6).
c) It is a violation of this compact for any person to treat or store
waste at a facility other than a regional facility if such treatment or
storage is prohibited by the Commission under Article III(i)(6).
d) Each party state acknowledges that the receipt by a host state of
waste packaged or transported in violation of applicable laws, rules or
regulations may 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.
e) Each party state has the right to seek legal recourse
against any party state which acts in violation of this compact.



The provisions of this compact shall be 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 the United States, or if 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 government, agency, person or circumstance shall not be affected
thereby. If any provision of this compact shall be held contrary to the
Constitution of any state participating therein, the compact shall remain
in full force and effect as to the state affected as to all severable matters.

(Source: P.A. 90-655, eff. 7-30-98.)

Structure Illinois Compiled Statutes