16.045(1)(a)
(a) "Agency" means an office, department, independent agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in
ch. 231,
232,
233,
234,
235, or
237.
16.045(1)(b)
(b) "Alternative fuel" means any of the following fuels the use of which the department of natural resources finds would improve air quality as compared to the use of gasoline or petroleum-based diesel fuel:
16.045(1)(b)10.
10. Any other fuel except gasohol that the department of natural resources finds to be composed substantially of material other than petroleum, the use of which would yield substantial environmental benefits.
16.045(1)(c)
(c) "Bio-diesel fuel" means fuel derived from soybean oil with glycerine extracted from the oil, either in pure form or mixed in any combination with petroleum-based diesel fuel.
16.045(1)(d)
(d) "Gasohol" means any motor fuel containing at least 10% alcohol the use of which the department of natural resources finds would improve air quality as compared to the use of gasoline or petroleum-based diesel fuel.
16.045(2)
(2) The department shall, whenever feasible, require agencies to store no motor fuel except gasohol or alternative fuel in facilities maintained by the agencies for the storage of fuel for and the refueling of state-owned or state-leased vehicles. This subsection does not authorize construction or operation of such facilities.
16.045(3)
(3) The department shall, by the most economical means feasible, place a copy of the current list of gasohol and alternative fuel refueling facilities received from the department of agriculture, trade and consumer protection under
s. 100.265 in each state-leased motor vehicle that is stored on state property for more than 7 days and in each state-owned motor vehicle. The department shall also make reasonable efforts to inform state officers and employees whose responsibilities make them likely to be using motor vehicles in connection with state business of the existence and contents of the list maintained under
s. 100.265 and of any revisions thereto. The department may distribute the list or information relating to the list with salary payments or expense reimbursements to state officers and employees.
16.045(4)
(4) The department shall require all state employees to utilize gasohol or alternative fuel for the operation of all state-owned or state-leased motor vehicles whenever such utilization is feasible.
16.045(5)
(5) The department shall encourage distribution of gasohol and alternative fuels and usage of gasohol and alternative fuels by officers and employees who use personal motor vehicles on state business and by residents of this state generally. The department shall report to the appropriate standing committees under
s. 13.172 (3) concerning distribution and usage of gasohol and alternative fuels in this state, no later than April 30 of each year.
16.05
16.05
Interstate agreements. Each administrator, official or chairperson of the state delegation appointed to represent this state in the administration of any interstate agreement shall file with the law revision committee of the joint legislative council a copy of all minutes, reports, publications and other papers prepared in the administration of the agreement.
16.05 History
History: 1983 a. 308;
1993 a. 52.
16.06
16.06
American Indian assistance. The department shall provide information and assistance to American Indians in this state with respect to problems or issues of concern to the American Indian community.
16.06 History
History: 1989 a. 336.
16.10
16.10
Ratification of the midwest interstate low-level radioactive waste compact. The midwest interstate low-level radioactive waste compact contained in
s. 16.11, by and between this state and any other state which ratifies or joins this compact, is ratified and approved.
16.10 History
History: 1983 a. 393.
16.11
16.11
Midwest interstate low-level radioactive waste compact. 16.11(1)(1)
Article I—Policy and Purpose. 16.11(1)(a)(a) There is created the 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", as amended by the "Low-Level Radioactive Waste Policy Amendments Act of 1985",
42 USC 2021b to
2021j, has provided for and encouraged the development of low-level radioactive waste compacts as a tool for disposing of such waste. The party states acknowledge that the congress declared that each state is responsible for providing for the availability of capacity either within or outside the state for the disposal of low-level radioactive waste generated within its borders, except for waste generated as a result of certain defense activities of the federal government or federal research and development activities. The party states also recognize that the disposal 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 dispose of such waste be properly provided. It is the policy of the party states to enter into a regional low-level radioactive waste disposal compact for the purpose of:
16.11(1)(a)1.
1. Providing the instrument and framework for a cooperative effort;
16.11(1)(a)2.
2. Providing sufficient facilities for the proper disposal of low-level radioactive waste generated in the region;
16.11(1)(a)3.
3. Protecting the health and safety of the citizens of the region;
16.11(1)(a)4.
4. Limiting the number of facilities required to effectively and efficiently dispose of low-level radioactive waste generated in the region;
16.11(1)(a)5.
5. Encouraging source reduction and the environmentally sound treatment of waste that is generated to minimize the amount of waste to be disposed of;
16.11(1)(a)6.
6. Ensuring that the costs, expenses, liabilities and obligations of low-level radioactive waste disposal are paid by generators and other persons who use compact facilities to dispose of their waste;
16.11(1)(a)7.
7. Ensuring that the obligations of low-level radioactive waste disposal that are the responsibility of the party states are shared equitably among them;
16.11(1)(a)8.
8. Ensuring that the party states that comply with the terms of this compact and fulfill their obligations under it share equitably in the benefits of the successful disposal of low-level radioactive waste; and
16.11(1)(a)9.
9. Ensuring the environmentally sound, economical and secure disposal of low-level radioactive wastes.
16.11(1)(b)
(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:
16.11(1)(b)1.
1. Expeditious enforcement of federal rules, regulations and laws;
16.11(1)(b)2.
2. Imposition of sanctions against those found to be in violation of federal rules, regulations and laws; and
16.11(1)(b)3.
3. Timely inspection of their licensees to determine the compliance with these rules, regulations and laws.
16.11(2)
(2) Article II—Definitions. As used in this compact, unless the context clearly requires a different construction:
16.11(2)(a)
(a) "Care" means the continued observation of a facility after closing for the purposes of detecting a need for maintenance, ensuring environmental safety and determining compliance with applicable licensure and regulatory requirements and includes the correction of problems which are detected as a result of that observation.
16.11(2)(b)
(b) "Close", "closed" or "closing" means that the compact facility with respect to which any of those terms is used has ceased to accept waste for disposal. "Permanently closed" means that the compact facility with respect to which the term is used has ceased to accept waste because it has operated for 20 years or a longer period of time as authorized by
sub. (6) (i), its capacity has been reached, the commission has authorized it to close pursuant to
sub. (3) (h) 7., the host state of such facility has withdrawn from the compact or had its membership revoked or this compact has been dissolved.
16.11(2)(c)
(c) "Commission" means the midwest interstate low-level radioactive waste commission.
16.11(2)(d)
(d) "Compact facility" means a waste disposal facility that is located within the region and that is established by a party state pursuant to the designation of that state as a host state by the commission.
16.11(2)(e)
(e) "Development" includes the characterization of potential sites for a waste disposal facility, siting of such a facility, licensing of such a facility, and other actions taken by a host state prior to the commencement of construction of such a facility to fulfill its obligations as a host state.
16.11(2)(f)
(f) "Disposal", with regard to low-level radioactive waste, means the permanent isolation of that waste in accordance with the requirements established by the U.S. nuclear regulatory commission or the licensing agreement state.
16.11(2)(g)
(g) "Disposal plan" means the plan adopted by the commission for the disposal of waste within the region.
16.11(2)(h)
(h) "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 or has been used for the disposal of low-level radioactive waste, which is being developed for that purpose or upon which the construction of improvements or installation of equipment is occurring for that purpose.
16.11(2)(i)
(i) "Final decision" means a final action of the commission determining the legal rights, duties or privileges of any person. "Final decision" does not include preliminary, procedural or intermediate actions by the commission, actions regulating the internal administration of the commission or actions of the commission to enter into or refrain from entering into contracts or agreements with vendors to provide goods or services to the commission.
16.11(2)(j)
(j) "Generator" means a person who first produces low-level radioactive waste, including, without limitation, any person who does so in the course of or incident to manufacturing, power generation, processing, waste treatment, waste storage, medical diagnosis and treatment, research or other industrial or commercial activity. If the person who first produced an item or quantity of waste cannot be identified, "generator" means the person first possessing the waste who can be identified.
16.11(2)(k)
(k) "Host state" means any state which is designated by the commission to host a compact facility or has hosted a compact facility.
16.11(2)(L)
(L) "Long-term care" means those activities taken by a host state after a compact facility is permanently closed to ensure the protection of air, land and water resources and the health and safety of all people who may be affected by the facility.
16.11(2)(m)
(m) "Low-level radioactive waste" or "waste" means radioactive waste that is not classified as high-level radioactive waste and that is class A, B or C low-level radioactive waste as defined in
10 CFR 61.55, as that section existed on January 26, 1983. "Low-level radioactive waste" or "waste" does not include any such radioactive waste that is owned or generated by the U.S. department of energy or by the U.S. navy as a result of the decommissioning of its vessels; or as a result of any research, development, testing or production of any atomic weapon.
16.11(2)(n)
(n) "Operates", "operational" or "operating" means that the compact facility with respect to which any of those terms is used accepts waste for disposal.
16.11(2)(o)
(o) "Party state" means any eligible state that enacts this compact into law, pays any eligibility fee established by the commission, and has not withdrawn from this compact or had its membership in this compact revoked, provided that a state that has withdrawn from this compact or had its membership revoked again becomes a party state if it is readmitted to membership in this compact pursuant to
sub. (8) (a). "Party state" includes any host state. "Party state" also includes any statutorily created administrative departments, agencies or instrumentalities of a party state, but does not include municipal corporations, regional or local units of government or other political subdivisions of a party state that are responsible for governmental activities on less than a statewide basis.
16.11(2)(p)
(p) "Person" means any individual, corporation, association, business enterprise or other legal entity either public or private and any legal successor, representative, agent or agency of that individual, corporation, association, business enterprise or other legal entity. "Person" also includes the United States, states, political subdivisions of states and any department, agency or instrumentality of the United States or a state.
16.11(2)(q)
(q) "Region" means the area of the party states.
16.11(2)(r)
(r) "Site" means the geographic location of a facility.
16.11(2)(s)
(s) "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.
16.11(2)(t)
(t) "Storage" means the temporary holding of waste.
16.11(2)(u)
(u) "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.
16.11(2)(v)
(v) "Waste management", "manage waste", "management of waste", "management" or "managed" means the storage, treatment or disposal of waste.
16.11(3)
(3) Article III—The Commission. 16.11(3)(a)(a) There is created the midwest interstate low-level radioactive waste commission. The commission consists of one voting member from each party state. The governor of each party state shall notify the commission in writing of its member and any alternates. An alternate may act on behalf of the member only in that member's absence. The method for selection and the expenses of each commission member shall be the responsibility of the member's respective state.
16.11(3)(b)
(b) Each commission member is entitled to one vote. Except as otherwise specifically provided in this compact, an action of the commission is binding if a majority of the total membership casts its vote in the affirmative. A party state may direct its member or alternate member of the commission how to vote or not to vote on matters before the commission.
16.11(3)(c)
(c) The commission shall elect annually from among its members a chairperson. The commission shall adopt and publish, in convenient form, bylaws and policies which are not inconsistent with this compact, including procedures for the use of binding arbitration under
sub. (6) (o) and procedures which substantially conform with the provisions of "The Federal Administrative Procedure Act",
5 USC 500 to
559, 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.
16.11(3)(d)
(d) The commission shall meet at least once annually and shall also meet upon the call of the chairperson or any other commission member.
16.11(3)(e)
(e) All meetings of the commission 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.
16.11(3)(f)
(f) The commission may establish advisory committees for the purpose of advising the commission on any matters pertaining to waste management.
16.11(3)(g)
(g) The office of the commission shall be in a party state. The commission may appoint or contract for and compensate such limited staff necessary to carry out its duties and functions. The staff shall have the responsibilities and authority delegated to it by the commission in its bylaws. 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.
16.11(3)(h)
(h) The commission may do any or all of the following:
16.11(3)(h)1.
1. 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.
16.11(3)(h)2.
2. Review any emergency closing of a compact facility, determine the appropriateness of that closing and take whatever lawful actions are necessary to ensure that the interests of the region are protected.
16.11(3)(h)3.
3. Take any action which is appropriate and necessary to perform its duties and functions as provided in this compact.
16.11(3)(h)4.
4. Approve the disposal of naturally occurring and accelerator produced radioactive material at a compact facility. The commission shall not approve the acceptance of such material without first making an explicit determination of the effect of the new waste stream on the compact facility's maximum capacity. Such approval requires the affirmative vote of a majority of the commission, including the affirmative vote of the member from the host state of the compact facility that would accept the material for disposal. Any such host state may, at any time, rescind its vote granting the approval and, thereafter, additional naturally occurring and accelerator produced radioactive material shall not be disposed of at a compact facility unless the disposal is again approved. All provisions of this compact apply to the disposal of naturally occurring and accelerator produced radioactive material that has been approved for disposal at a compact waste facility pursuant to this subdivision.
16.11(3)(h)5.
5. Enter into contracts in order to perform its duties and functions as provided in this compact.
16.11(3)(h)6.
6. When approved by the commission, with the member from each host state in which an affected compact facility is operating or being developed or constructed voting in the affirmative, enter into agreements to do any of the following:
16.11(3)(h)6.a.
a. Import, for disposal within the region, waste generated outside the region.
16.11(3)(h)6.b.
b. Export, for disposal outside the region, waste generated inside the region.
16.11(3)(h)6.c.
c. Dispose of waste generated within the region at a facility within the region that is not a compact facility.
16.11(3)(h)7.
7. Authorize a host state to permanently close a compact facility located within its borders earlier than otherwise would be required by
sub. (6) (i). Such a closing requires the affirmative vote of a majority of the commission, including the affirmative vote of the member from the state in which the affected compact facility is located.
16.11(3)(i)
(i) The commission shall do all of the following:
16.11(3)(i)1.
1. 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.
16.11(3)(i)2.
2. Adopt and amend, by a two-thirds vote of the membership, in accordance with the procedures and criteria developed pursuant to
sub. (4), a regional disposal plan which designates host states for the establishment of needed compact facilities.
