§ 23-19.9-10 - Fees, compensation and liability.
SECTION 23-19.9-10
§ 23-19.9-10 Fees, compensation andliability. – (a) Each party state may establish reasonable fees which shall be imposed upongenerators, shippers, or carriers to recover the cost of inspections and otheradministrative actions taken under this compact.
(b) A host state may establish reasonable fees and surchargeswhich shall be imposed upon users of a regional facility. No distinction infees or surcharges shall be made among persons of the several party states tothis compact.
(1) A host state shall approve and periodically reviewoperational fee schedules to be imposed on all users of the regional facilitysituated within its borders. One fee schedule shall be established by theoperator of the regional facility, under applicable state and federalregulations, and shall be reasonable and sufficient to cover all costs relatedto the development, operation, closure and post-closure observation andmaintenance of the regional facility. The host state shall also establish aschedule for contributions to an institutional control fund. The party statesand the Commission shall be afforded a reasonable opportunity to review andcomment on all proposed fee schedules.
(2) A host state may establish an additional administrativesurcharge per unit of waste received at any regional facility situated withinits borders. The surcharge shall be sufficient to cover all reasonable costsassociated with administrative oversight and regulation of the facility. A hoststate may also impose reasonable surcharges for purposes of host communitycompensation and development incentives. The Commission shall be afforded areasonable opportunity to review and comment on any proposed host statesurcharge.
(c) The Commission is authorized to expend monies from theoperating account established in § 23-19.9-5 for the expenses of any staffand consultants retained pursuant to this compact and for official Commissionbusiness. Financial support for the operating account shall be provided asfollows:
(1) In accordance with the provisions of § 23-19.9-8(b),each eligible state, upon becoming a party state, shall pay an entry fee to theCommission, which shall be used for administrative costs of the Commission.
(2) The Commission shall impose a "Commission surcharge" perunit of waste received at any regional facility. The size of the surchargeshall be calculated by the Commission in its annual budget preparation processafter a public hearing pursuant to subsection (h) of § 23-19.9-5. Thissurcharge shall be collected for the Commission by the host state.
(3) Until such time as at least one regional facility is inoperation and accepting waste for management, or to the extent that revenuesunder subdivisions (1) and (2) of this subsection are unavailable orinsufficient to cover the approved annual budget of the Commission, each partyshall pay an apportioned amount of the difference between the funds availableand the total budget in accordance with the following formula:
(i) Twenty percent (20%) in equal shares;
(ii) Thirty percent (30%) in the proportion that thepopulation of the party state bears to the total population of all partystates, according to the most recent U.S. census;
(iii) Fifty percent (50%) in the proportion that thelow-level waste originating in each party state bears to the total wastegenerated in the region for the most recent calendar year in which reliabledata are available, as determined by the Commission.
(d) It shall be the responsibility of each regionalfacility's operator or custodial agency to take all necessary steps to cleanup, stabilize and restore the facility and surrounding areas whenever there hasbeen damage to the facility or surrounding areas which may cause or contributeto a hazard to the public health or the environment. Any person who carries onan abnormally dangerous activity involving the management of low-level wasteshall be subject to strict liability for harm to the person, land or propertyof another resulting from the activity. This strict liability shall be limitedto the kind of harm, the possibility of which makes the activity abnormallydangerous.
(e) During a regional facility's operational, closure andpost-closure periods, the host state shall ensure the availability of funds andprocedures for the facility operator to satisfy its responsibilities andliabilities under subsection (d), and for the compensation of injured facilityemployees. The state may satisfy this obligation by requiring bonds, insuranceor compensation funds of the facility operator, or by providing bonds,insurance or compensation funds itself, or by any other means or combination ofmeans. The funds available to satisfy third party liability claims shall beequal to the maximum amount available from the nuclear insurance pools or othercommercial insurers.
(f) During a regional facility's institutional controlperiod, the custodial agency shall administer the institutional control fundscollected pursuant to subdivision (1) of subsection (b), for surveillance andall required maintenance of the regional facility, including any clean-up,stabilization or restoration required by subsection (d). The custodial agencyshall ensure that funds equal to the maximum amount available from the nuclearinsurance pools or other commercial insurers are available to satisfy thirdparty liability claims.
(g) If all other sources of funds, including federalassistance, have been exhausted, all party states shall be responsible for thereasonable costs of clean-up, stabilization and restoration of a regionalfacility in the proportion that the low-level waste disposed of at the facilitywhich originated in each party state bears to the total low-level wastedisposed of at the facility. If the clean-up, stabilization or restoration ofthe facility has become necessary as the result of gross negligence by the hoststate in its regulatory oversight of the regional facility, each party stateshall be entitled to indemnification by the host state of the funds contributedpursuant to this section.
(h) The Commission shall provide a means of compensation forthird party injuries to persons, land or property, which shall be availableonly if no other funds, insurance, tort compensation or other means ofsatisfying a damage judgment or settlement resulting from the management oflow-level waste are available from the host state or other entities.
(1) This responsibility shall be met by a special fund,insurance, or other means. The same fund for compensation shall provideliability coverage for all subsequent and concurrent regional facilities. TheCommission is authorized to take any measures that may be necessary toimplement this section, including the use of a portion of the fees collectedpursuant to subdivision (2) of subsection (c) to establish an independentinsurance entity. Subject to host state approval, an independent insuranceentity shall be exempt from state insurance regulations.
(2) The existence of a special fund or other means ofcompensation shall not imply any liability by the Commission, by the partystates, or by any of their officials and staff. Claims or suits forcompensation shall be directed against the fund, the insurance entity or otherresponsible entity.
(3) The liability of the special fund, insurance entity, orother entity shall be limited to the amount contained therein at the time afinal judgment or settlement awarding damages is executed.