AB559,38,83(e) Except as provided in 28 USC 1251 (a), the district courts of the United
4States have exclusive jurisdiction to decide cases arising under this compact. This
5paragraph does not apply to proceedings within the jurisdiction of state or federal
6regulatory agencies nor to judicial review of proceedings before state or federal
7regulatory agencies. This paragraph shall not be construed to diminish other laws
8of the United States conferring jurisdiction on the courts of the United States.
AB559,38,109 (f) For the purposes of activities pursuant to this compact, the sovereign
10immunity of party states and employes of party states shall be as follows:
AB559,38,1711 1. A party state or employe thereof, while acting within the scope of
12employment, shall not be subject to suit or held liable for damages to persons,
13property or the environment resulting from the development, construction,
14operation, regulation, closing or long-term care of a compact facility, or any
15noncompact facility made available to the region by any agreement entered into by
16the commission pursuant to sub. (3) (h) 6. This applies whether the claimed liability
17of the party state or employe is based on common law, statute, rule or regulation.
AB559,38,1918 2. The sovereign immunity granted in subd. 1. does not apply to any of the
19following:
AB559,38,2220 a. Actions based upon the activities of the party states as generators of waste.
21With regard to those actions, the sovereign immunity of the party states shall not be
22affected by this compact.
AB559,39,223 b. Actions based on the obligations of the party states to each other and the
24commission imposed by this compact or other contracts related to the disposal of

1waste under this compact. With regard to those actions, the party states shall have
2no sovereign immunity.
AB559,39,43 c. Actions against a host state, or employe thereof, when the host state or
4employe acted in a grossly negligent or wilful and wanton manner.
AB559,39,245 (g) If in any action described in par. (f) 1. and not described in par. (f) 2. it is
6determined that, notwithstanding par. (f) 1., a party state, or employe of that state
7who acted within the scope of employment, is liable for damages or has liability for
8other matters arising under this compact as described in sub. (6) (s) 3., the generators
9who caused waste to be placed at the compact facility with respect to which the
10liability was incurred shall indemnify the party state or employe against that
11liability. Those generators also shall indemnify the party state or employe against
12all reasonable attorney fees and expenses incurred in defending against any such
13action. The indemnification obligation of generators under this paragraph shall be
14joint and several, except that the indemnification obligation of party states with
15respect to their activities as generators of waste shall not be joint and several, but
16instead shall be prorated according to the amount of waste each state has disposed
17of at the compact facility giving rise to the liability. Among generators, there shall
18be rights of contribution based upon equitable principles and generators shall have
19rights of contribution against any other person responsible for such damages under
20common law, statute, rule or regulation. A party state that through its own activities
21did not generate any waste disposed of at the compact facility giving rise to the
22liability, an employe of such a party state and the commission shall have no
23contribution obligation under this paragraph. This paragraph shall not be construed
24as a waiver of the sovereign immunity provided for in par. (f) 1.
AB559,40,3
1(h) The sovereign immunity of a party state provided for in par. (f) 1. shall not
2be extended to any private contractor assigned responsibilities as authorized in sub.
3(6) (g).
AB559, s. 95 4Section 95. 16.11 (8) (title) of the statutes is amended to read:
AB559,40,65 16.11 (8) (title) Article VIII - Eligible Parties, Withdrawal, Revocation,
6Suspension of Access, Entry into Force , and Termination.
AB559, s. 96 7Section 96. 16.11 (8) (a) of the statutes is repealed.
AB559, s. 97 8Section 97. 16.11 (8) (b) of the statutes is renumbered 16.11 (8) (a) and
9amended to read:
AB559,40,2110 16.11 (8) (a) Any state not eligible for membership in the compact may petition
11the commission for eligibility to be eligible for membership in the compact. The
12commission may establish appropriate eligibility requirements. These
13requirements may include, but are not limited to, an eligibility fee or designation as
14a host state. A petitioning state becomes eligible for membership in the compact
15upon the approval of the commission, including the affirmative vote of all the
16member from each
host states state in which a compact facility is operating or being
17developed or constructed
. Any state becoming eligible upon the approval of the
18commission becomes a member of the compact in the same manner as any state
19eligible for membership at the time this compact enters into force
when the state
20enacts this compact into law and pays the eligibility fee established by the
21commission
.
AB559, s. 98 22Section 98. 16.11 (8) (c) of the statutes is repealed.
AB559, s. 99 23Section 99. 16.11 (8) (d) of the statutes is renumbered 16.11 (8) (b).
AB559, s. 100 24Section 100. 16.11 (8) (e) of the statutes is renumbered 16.11 (8) (c) and
25amended to read:
AB559,41,16
116.11 (8) (c) Any A party state that has fully discharged its obligations under
2sub. (6) (i), or has been relieved under sub. (6) (e) of its responsibilities to serve as a
3host state,
may withdraw from this compact by repealing the authorizing legislation
4but no withdrawal may take effect until 5 years after the governor of the
5withdrawing state gives notice in writing of the withdrawal to the commission and
6to the governor of each party state
and by receiving the unanimous consent of the
7commission
. Withdrawal does not affect any liability already incurred by or
8chargeable to a party state prior to the time of such withdrawal. Any host state which
9grants a disposal permit for waste generated in a withdrawing state shall void the
10permit when the withdrawal of that state is effective
takes effect on the date specified
11in the commission resolution consenting to withdrawal. All legal rights of the
12withdrawn state established under this compact, including, but not limited to, the
13right to have waste generated within its borders disposed of at compact facilities,
14cease upon the effective date of withdrawal, but any legal obligations of that party
15state under this compact, including, but not limited to, those set forth in par. (e)
16continue until they are fulfilled
.
AB559, s. 101 17Section 101. 16.11 (8) (e) of the statutes is created to read:
AB559,42,1918 16.11 (8) (e) A party state that withdraws from this compact or has its
19membership in the compact revoked before it has fully discharged its obligations
20under sub. (6) forthwith shall repay to the commission the portion of the funds
21provided to that state by the commission for the development, construction,
22operation, closing or long-term care of a compact facility that the commission
23determines is fair and equitable, taking into consideration the period of time the
24compact facility located in that host state was in operation and the amount of waste
25disposed of at the facility. If at any time after a compact facility begins operating a

1party state withdraws from the compact or has its membership revoked, the
2withdrawing or revoked party state shall be obligated forthwith to pay to the
3commission the amount the commission determines would have been paid under the
4fee system established by the host state of the facility to dispose of at the facility the
5estimated volume of waste generated in the withdrawing or revoked party state that
6would have been disposed of at the facility from the time of withdrawal or revocation
7until the time the facility is closed. Any funds so paid to the commission shall be
8distributed by the commission to the persons who would have been entitled to receive
9the funds had they originally been paid to dispose of waste at the facility. Any person
10receiving such funds from the commission shall apply the funds to the purposes to
11which they would have been applied had they originally been paid to dispose of waste
12at the compact facility. In addition, a withdrawing or revoked party state forthwith
13shall pay to the commission an amount the commission determines to be necessary
14to cover all other costs and damages incurred by the commission and the remaining
15party states as a result of the withdrawal or revocation. This paragraph shall be
16construed and applied so as to eliminate any decrease in revenue resulting from
17withdrawal of a party state or revocation of a party state's membership, to eliminate
18financial harm to the remaining party states and to create an incentive for party
19states to continue as members of the compact and to fulfill their obligations.
AB559, s. 102 20Section 102. 16.11 (8) (f) of the statutes is renumbered 16.11 (8) (d) and
21amended to read:
AB559,43,1822 16.11 (8) (d) Any party state which that fails to comply with the terms of this
23compact or fails to fulfill its obligations may have its privileges reasonable financial
24penalties imposed against it, the right to have waste generated within its borders
25disposed of at compact facilities, or any noncompact facility made available to the

1region by any agreement entered into by the commission pursuant to sub. (3) (h) 6.,

2suspended or its membership in the compact revoked by the commission in
3accordance with sub. (3) (h) 6
a two-thirds vote of the commission, provided that the
4membership of the party state designated to host the next compact facility shall not
5be revoked unless the member from the host state of any then-operating compact
6facility votes in the affirmative
. Revocation takes effect one year from on the date
7the affected party state receives written notice from the commission of its action
8specified in the resolution revoking the party state's membership. All legal rights
9of the affected revoked party state established under this compact, including, but not
10limited to, the right to have waste generated within its borders disposed of at
11compact facilities,
cease upon the effective date of revocation but any legal
12obligations of that party state arising prior to revocation under this compact,
13including, but not limited to, those set forth in par. (e),
continue until they are
14fulfilled. The chairperson of the commission shall transmit written notice of a
15revocation of a party state's membership in the compact, suspension of a party state's
16waste disposal rights or imposition of financial penalties
immediately following the
17vote of the commission to the governor of the affected party state, all other the
18governors of all the other party states and the congress of the United States.
AB559, s. 103 19Section 103. 16.11 (8) (f) of the statutes is created to read:
AB559,43,2520 16.11 (8) (f) Any party state whose right to have waste generated within its
21borders disposed of at compact facilities is suspended by the commission shall pay
22to the host state of the compact facility to which access has been suspended the
23amount that the commission determines is reasonably necessary to ensure that the
24host state, or any political subdivision thereof, does not incur financial loss as a result
25of the suspension of access.
AB559, s. 104
1Section 104. 16.11 (8) (g) of the statutes is amended to read:
AB559,44,162 16.11 (8) (g) This compact becomes effective July 1, 1983, or at any date
3subsequent to July 1, 1983,
upon enactment by at least 3 eligible states. However,
4sub. (9) (b) shall not take effect until the congress has by law consented to this
5compact. The congress shall have an opportunity to withdraw such consent every 5
6years. Failure of the congress to affirmatively withdraw its consent has the effect
7of renewing consent for an additional 5-year period
and consent to this compact by
8the congress
. The consent given to this compact by the congress shall extend to any
9future admittance of new party states under pars. (b) and (c) and to the power of the
10region to ban commission to regulate the shipment and disposal of waste from the
11region
and disposal of naturally occurring and accelerator-produced radioactive
12material
pursuant to sub. 3 this compact. Amendments to this compact are effective
13when enacted by all party states and, if necessary, consented to by the congress. To
14the extent required by section (4) (d) of "the low-level radioactive waste policy
15amendments act of 1985", every 5 years after this compact has taken effect, the
16congress by law may withdraw its consent
.
AB559, s. 105 17Section 105. 16.11 (8) (h) of the statutes is amended to read:
AB559,44,2118 16.11 (8) (h) The withdrawal of a party state from this compact under par. (e),
19the suspension of waste disposal rights, the termination of a party state's designation
20as a host state
or the revocation of a state's membership in this compact under par.
21(f)
does not affect the applicability of this compact to the remaining party states.
AB559, s. 106 22Section 106. 16.11 (8) (i) of the statutes is repealed and recreated to read:
AB559,44,2423 16.11 (8) (i) This compact may be dissolved and the obligations arising under
24this compact may be terminated only as follows:
AB559,45,2
11. Through unanimous agreement of all party states expressed in duly enacted
2legislation.
AB559,45,53 2. Through withdrawal of consent to this compact by the congress under article
41, section 10, of the U.S. constitution, in which case dissolution shall take place 120
5days after the effective date of the withdrawal of consent.
AB559, s. 107 6Section 107. 16.11 (8) (j) of the statutes is created to read:
AB559,45,137 16.11 (8) (j) Unless explicitly abrogated by the state legislation dissolving this
8compact, or if dissolution results from withdrawal of congressional consent, the
9limitations on the investment and use of long-term care funds in sub. (6) (o) and (q)
104., the contractual obligations in sub. (5) (f), the indemnification obligations and
11contributions rights in subs. (6) (o), (s) and (t) and (7) (g) and the operation rights and
12indemnification and hold-harmless obligations in sub. (6) (q) shall remain in force
13notwithstanding dissolution of this compact.
AB559, s. 108 14Section 108. 16.11 (9) (title) of the statutes is amended to read:
AB559,45,1515 16.11 (9) (title) Article IX - Penalties and Enforcement.
AB559, s. 109 16Section 109. 16.11 (9) (b) of the statutes is repealed and recreated to read:
AB559,45,1917 16.11 (9) (b) The parties to this compact intend that the courts of the United
18States shall specifically enforce the obligations, including the obligations of party
19states and revoked or withdrawn party states, established by this compact.
AB559, s. 110 20Section 110. 16.11 (9) (c) of the statutes is renumbered 16.11 (9) (d) and
21amended to read:
AB559,46,322 16.11 (9) (d) Each party state acknowledges that the receipt by transport into
23a host state of waste packaged or transported in violation of applicable laws, rules
24and regulations may result in the imposition of sanctions by the host state which may
25include reasonable financial penalties assessed against any generator, transporter

1or collector responsible for the violation or may include
suspension or revocation of
2the violator's right of access to the facility in the host state by any generator,
3transporter or collector responsible for the violation
.
AB559, s. 111 4Section 111. 16.11 (9) (c) of the statutes is created to read:
AB559,46,75 16.11 (9) (c) The commission or an affected party state or both may obtain
6injunctive relief or recover damages or both to prevent or remedy violations of this
7compact.
AB559, s. 112 8Section 112. 16.11 (9) (d) of the statutes is renumbered 16.11 (9) (e).
AB559, s. 113 9Section 113. 16.11 (9) (f) of the statutes is created to read:
AB559,46,1310 16.11 (9) (f) This compact shall not be construed to create any cause of action
11for any person other than a party state or the commission. Nothing in this paragraph
12shall limit the right of judicial review set forth in sub. (3) (n) 3. or the rights of
13contribution set forth in subs. (3) (p), (6) (o), (s) and (t) and (7) (g).
AB559, s. 114 14Section 114. 16.11 (10) of the statutes is amended to read:
AB559,47,915 16.11 (10) Article X - Severability and Construction. The provisions of this
16compact shall be severable and if any phrase, clause, sentence or provision of this
17compact is declared finally determined by a court of competent jurisdiction to be
18contrary to the constitution of any participating state or of the United States or the
19applicability application thereof to any government, agency, person or circumstance
20is held invalid, the validity of the remainder of this compact to that person or
21circumstance
and the applicability thereof of the entire compact to any government,
22agency,
other person or circumstance shall not be affected thereby. If any provision
23of this compact shall be held contrary to the constitution of any state participating
24therein, the compact shall remain in full force and effect as to the state affected as
25to all severable matters. If any provision of this compact imposing a financial

1obligation upon a party state, or a state that has withdrawn from this compact or had
2its membership in this compact revoked, is finally determined by a court of
3competent jurisdiction to be unenforceable due to the state's constitutional
4limitations on its ability to pay the obligation, then that state shall use its best efforts
5to obtain an appropriation to pay the obligation, and, if the state is a party state, its
6right to have waste generated within its borders disposed of at compact facilities, or
7any noncompact facility made available to the region by any agreement entered into
8by the commission pursuant to sub. (3) (h) 6., shall be suspended until the
9appropriation is obtained.
AB559, s. 115 10Section 115. 16.115 (2) of the statutes is amended to read:
AB559,48,211 16.115 (2) The department shall establish by rule a schedule of annual fees to
12be paid by generators, as defined under s. 16.11 (2) (g) (j), who use a regional compact
13facility operated under , as defined in s. 16.11 (2) (d), or a noncompact facility made
14available by an agreement entered into under s. 16.11 (3) (h) 6.
for disposal, and,
15beginning with the operation of the facility, the department shall collect the fees. The
16fees shall be based on the volume and hazard of waste generated and shall cover the
17costs enumerated under sub. (3) which are incurred before and after the acceptance
18of waste for disposal at the facility. Any nuclear power plant operator who has paid
19a fee under sub. (1) shall receive credit on the fees required of the operator under this
20subsection at a rate determined by the department so that, over the first 5 years of
21the collection of fees under this subsection, the power plant operator receives total
22credits equal to the fees paid under sub. (1). In addition to covering the costs
23enumerated under sub. (3), the fees established under this subsection for the first 5
24years after the acceptance of waste for disposal at the facility shall be sufficient to
25repay the loan from the general fund made under s. 20.505 (1) (b), and the secretary

1shall lapse moneys from the appropriation under s. 20.505 (1) (g) to the general fund
2for that purpose over the 5-year period.
AB559, s. 116 3Section 116. 16.12 (2) of the statutes is amended to read:
AB559,48,74 16.12 (2) The sole remedy remedies against the state, other than in its capacity
5as a generator, for a violation of any provision of the midwest interstate low-level
6radioactive waste compact under s. 16.11 is are the remedy remedies provided in s.
716.11 (3) (h) 6 and (8) (f).
AB559, s. 117 8Section 117. 16.13 of the statutes is amended to read:
AB559,48,12 916.13 Data collection. Upon the request of the midwest interstate low-level
10radioactive waste commission member representing the state, the department may
11require a generator, as defined under s. 16.11 (2) (g) (j), to provide information
12necessary for the member to discharge his or her duties under s. 16.11.
AB559, s. 118 13Section 118. 144.463 (1) of the statutes is amended to read:
AB559,48,1514 144.463 (1) Definition. In this section, "low-level radioactive waste" has the
15meaning given in s. 16.11 (2) (i) (m).
AB559,48,1616 (End)
Loading...
Loading...