Wisconsin Code § 16.11

(1) ARTICLE I — POLICY AND PURPOSE. (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 lowlevel 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 lowlevel 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:
1. Providing the instrument and framework for a cooperative
effort;
2. Providing sufficient facilities for the proper disposal 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 effectively
and efficiently dispose of low-level radioactive waste generated in
the region;
5. Encouraging source reduction and the environmentally
sound treatment of waste that is generated to minimize the
amount of waste to be disposed of;
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;
7. Ensuring that the obligations of low-level radioactive
waste disposal that are the responsibility of the party states are
shared equitably among them;
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
9. Ensuring the environmentally sound, economical and secure disposal of low-level radioactive wastes.
(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 the compliance with these rules, regulations and laws.
(2) ARTICLE II — DEFINITIONS. As used in this compact, unless the context clearly requires a different construction:
(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.
(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.
(c) “Commission” means the midwest interstate low-level radioactive waste commission.
(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.
(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.
(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.
(g) “Disposal plan” means the plan adopted by the commission for the disposal of waste within the region.
(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 lowlevel 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.
(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.
(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.
(k) “Host state” means any state which is designated by the
commission to host a compact facility or has hosted a compact
facility.
(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.
(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. “Lowlevel 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.
(n) “Operates”, “operational” or “operating” means that the
compact facility with respect to which any of those terms is used
accepts waste for disposal.
(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.
(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.
(q) “Region” means the area of the party states.
(r) “Site” means the geographic location of a facility.
(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.
(t) “Storage” means the temporary holding of waste.
(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.
(v) “Waste management”, “manage waste”, “management of
waste”, “management” or “managed” means the storage, treatment or disposal of waste.
(3) ARTICLE III — T HE COMMISSION. (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.
(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.
(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.
(d) The commission shall meet at least once annually and
shall also meet upon the call of the chairperson or any other commission member.
(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.
(f) The commission may establish advisory committees for
the purpose of advising the commission on any matters pertaining to waste management.
(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.
(h) The commission may do any or all of the following:
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.
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.
3. Take any action which is appropriate and necessary to perform its duties and functions as provided in this compact.
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.
5. Enter into contracts in order to perform its duties and
functions as provided in this compact.
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:
a. Import, for disposal within the region, waste generated
outside the region.
b. Export, for disposal outside the region, waste generated inside the region.
c. Dispose of waste generated within the region at a facility
within the region that is not a compact facility.
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.
(i) The commission shall do all of the following:
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.
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.
3. Adopt an annual budget.
4. Establish and implement a procedure for determining the
capacity of a compact facility. The capacity of a compact facility
shall be established as soon as reasonably practical after the host
state of the facility is designated and shall not be changed thereafter without the consent of the host state. The capacity of a compact facility shall be based on the projected volume or radioactive
characteristics, or both, of the waste to be disposed of at the facility during the period set forth in sub. (6) (i).
5. Provide a host state with funds necessary to pay reasonable development expenses incurred by the host state after it is
designated to host a compact facility.
6. Establish and implement procedures for making payments
from the remedial action fund provided for in par. (p).
7. Establish and implement procedures to investigate any
complaint joined in by 2 or more party states regarding another
party state’s performance of its obligations under this compact.
8. Adopt policies promoting source reduction and the environmentally sound treatment of waste in order to minimize the
amount of waste to be disposed of at compact facilities.
9. Establish and implement procedures for obtaining information from generators regarding the volume and characteristics
of waste projected to be disposed of at compact facilities and regarding generator activities with respect to source reduction, recycling and treatment of waste.
10. Prepare annual reports regarding the volume and characteristics of waste projected to be disposed of at compact facilities.
(j) Funding for the commission shall be provided as follows:
1. When no compact facility is operating, the commission
may assess fees to be collected from generators of waste in the region. The fees shall be reasonable and equitable. The commission shall establish and implement procedures for assessing and
collecting the fees. The procedures may allow the assessing of
fees against less than all generators of waste in the region; provided that if fees are assessed against less than all generators of
waste in the region, generators paying the fees shall be reimbursed the amount of the fees, with reasonable interest, out of the
revenues of operating compact facilities.
2. When a compact facility is operating, funding for the commission shall be provided through a surcharge collected by the
host state as part of the fee system provided for in sub. (6) (j) .
The surcharge to be collected by the host state shall be determined by the commission and shall be reasonable and equitable.
3. In the aggregate, the fees or surcharges, as the case may
be, shall be no more than is necessary to:
a. Cover the annual budget of the commission.
b. Provide a host state with the funds necessary to pay reasonable development expenses incurred by the host state after it is
designated to host a compact facility.
c. Provide moneys for deposit in the remedial action fund established pursuant to par. (p).
d. Provide moneys to be added to an inadequately funded
long-term care fund as provided in sub. (6) (o).
(k) Financial statements of the commission shall be prepared
according to generally accepted accounting principles. The commission shall contract with an independent certified public accountant to annually audit its financial statements 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
subsection.
(L) 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.
(m) The commission is a legal entity separate and distinct
from the party states. Members of the commission and its employees are not personally liable for actions taken by them in their
official capacity. The commission is not liable or otherwise responsible for any costs, expenses or liabilities resulting from the
development, construction, operation, regulation, closing or longterm care of any compact facility or any noncompact facility
made available to the region by any contract or agreement entered
into by the commission under par. (h) 6. Nothing in this paragraph relieves the commission of its obligations under this subsection or under contracts to which it is a party. Any liabilities of
the commission are not liabilities of the party states.
(n) Final decisions of the commission shall be made, and shall
be subject to judicial review, in accordance with all of the following conditions:
1. Every final decision shall be made at an open meeting of
the commission. Before making a final decision, the commission
shall provide an opportunity for public comment on the matter to
be decided. Each final decision shall be reduced to writing and
shall set forth the commission’s reasons for making the decision.
2. Before making a final decision, the commission may conduct an adjudicatory hearing on the proposed decision.
3. Judicial review of a final decision shall be initiated by filing a petition in the U.S. district court for the district in which the
person seeking the review resides or in which the commission’s
office is located not later than 60 days after issuance of the commission’s written decision. Concurrently with filing the petition
for review with the court, the petitioner shall serve a copy of the
petition on the commission. Within 5 days after receiving a copy
of the petition, the commission shall mail a copy of it to each
party state and to all other persons who have notified the commission of their desire to receive copies of such petitions. Any
failure of the commission to so mail copies of the petition does
not affect the jurisdiction of the reviewing court. Except as otherwise provided in this subdivision, standing to obtain judicial review of final decisions of the commission and the form and scope
of the review are subject to and governed by 5 USC 706.
4. If a party state seeks judicial review of a final decision of
the commission that does any of the following, the facts shall be
subject to trial de novo by the reviewing court unless trial de novo
of the facts is affirmatively waived in writing by the party state:
a. Imposes financial penalties on a party state.
b. Suspends the right of a party state to have waste generated
within its borders disposed of at a compact facility or at a noncompact facility made available to the region by an agreement entered into by the commission under par. (h) 6.
c. Terminates the designation of a party state as a host state.
d. Revokes the membership of a party state in this compact.
e. Establishes the amounts of money that a party state that
has withdrawn from this compact or had its membership in this
compact revoked is required to pay under sub. (8) (e).
4m. Any trial de novo under subd. 4. of the facts shall be governed by the federal rules of civil procedure and the federal rules
of evidence.
5. Preliminary, procedural or intermediate actions by the
commission that precede a final decision are subject to review
only in conjunction with review of the final decision.
6. Except as provided in subd. 5., actions of the commission
that are not final decisions are not subject to judicial review.
(o) Unless approved by a majority of the commission, with
the member from each host state in which an affected compact facility is operating or is being developed or constructed voting in
the affirmative, no person shall do any of the following:
1. Import waste generated outside the region for management within the region.
2. Export waste generated within the region for disposal outside the region.
3. Manage waste generated outside the region at a facility
within the region.
4. Dispose of waste generated within the region at a facility
within the region that is not a compact facility.
(p) The commission shall establish a remedial action fund to
pay the costs of reasonable remedial actions taken by a party state
if an event results from the development, construction, operation,
closing or long-term care of a compact facility that poses a threat
to human health, safety or welfare or to the environment. The
amount of the remedial action fund shall be adequate to pay the
costs of all reasonably foreseeable remedial actions. A party state
shall notify the commission as soon as reasonably practical after
the occurrence of any event that may require the party state to
take a remedial action. The failure of a party state to so notify the
commission does not limit the rights of the party state under this
paragraph. If the moneys in the remedial action fund are inadequate to pay the costs of reasonable remedial actions, the amount
of the deficiency is a liability with respect to which generators
shall provide indemnification under sub. (7) (g). Generators who
provide the required indemnification have the rights of contribution provided in sub. (7) (g). This paragraph applies to any remedial action taken by a party state regardless of whether the party
state takes the remedial action on its own initiative or because it is
required to do so by a court or regulatory agency of competent
jurisdiction.
(q) If the commission makes payment from the remedial action fund provided for in par. (p), the commission is entitled to
obtain reimbursement under applicable rules of law from any person who is responsible for the event giving rise to the remedial
action. Such reimbursement may be obtained from a party state
only if the event giving rise to the remedial action resulted from
the activities of that party state as a generator of waste.
(r) If this compact is dissolved, all moneys held by the commission shall be used first to pay for any ongoing or reasonably
anticipated remedial actions. Any remaining moneys shall be
distributed in a fair and equitable manner to those party states
that have operating or closed compact facilities within their borders and shall be added to the long-term care funds maintained by
those party states.
(4) ARTICLE IV — REGIONAL DISPOSAL PLAN. The commission shall adopt and periodically update a regional disposal plan
designed to ensure the safe and efficient disposal of waste generated within the region. In adopting a regional waste disposal plan
the commission shall do all of the following:
(a) Adopt procedures for determining, consistent with considerations for public health and safety, the type and number of compact facilities which are presently necessary and which are projected to be necessary to dispose of waste generated within the
region;
(b) Develop and adopt procedures and criteria for identifying
a party state as a host state for a compact facility. In developing
these criteria, the commission shall consider all of the following:
1. The health, safety and welfare of the citizens of the party
states.
2. The existence of compact facilities within each party state.
3. The minimization of waste transportation.

4. The volumes and types of wastes projected to be generated
within each party state.
5. The environmental impacts on the air, land and water resources of the party states.
6. The economic impacts on the party states.
(c) Conduct such hearings and obtain such reports, studies,
evidence and testimony required by its approved procedures prior
to identifying a party state as a host state for a needed compact
facility;
(d) Prepare a draft disposal plan and any update thereof, including procedures, criteria and host states, which shall be made
available in a convenient form to the public for comment. Upon
the request of a party state, the commission shall conduct a public
hearing in that state prior to the adoption or update of the disposal
plan. The disposal plan and any update thereof shall include the
commission’s response to public and party state comment.
(5) ARTICLE V — R IGHTS AND O BLIGATIONS OF P ARTY
STATES. (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) Except for waste attributable to radioactive material or
waste imported into the region in order to render the material or
waste amenable to transportation, storage, disposal or recovery,
or in order to convert the waste or material to another usable material, or to reduce it in volume or otherwise treat it, each party
state has the right to have all wastes generated within its borders
disposed of at compact facilities subject to the payment of all fees
established by the host state under sub. (6) (j) and to the provisions contained in subs. (6) (L) and (s), (8) (d), (9) (d) and (10).
All party states have an equal right of access to any facility made
available to the region by any agreement entered into by the commission pursuant to sub. (3) (h) 6. , subject to the provisions of
subs. (6) (L) and (s), (8) (d) and (10).
(c) If a party state’s right to have waste generated within its
borders disposed of at compact facilities, or at any noncompact
facility made available to the region by an agreement entered into
by the commission under sub. (3) (h) 6., is suspended, no waste
generated within its borders by any person shall be disposed of at
any such facility during the period of the suspension.
(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
paragraph 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) If, notwithstanding the sovereign immunity provision in
sub. (7) (f) 1. and the indemnification provided for in subs. (3)
(p), (6) (o) and (7) (g), a party state incurs a cost as a result of an
inadequate remedial action fund or an exhausted long-term care
fund, or incurs a liability as a result of an action described in sub.
(7) (f) 1. and not described in sub. (7) (f) 2., the cost or liability
shall be the pro rata obligation of each party state and each state
that has withdrawn from this compact or had its membership in
this compact revoked. The commission shall determine each
state’s pro rata obligation in a fair and equitable manner based on
the amount of waste from each such state that has been or is projected to be disposed of at the compact facility with respect to
which the cost or liability to be shared was incurred. No state
shall be obligated to pay the pro rata obligation of any other state.
The pro rata obligations provided for in this paragraph do not result in the creation of state debt. Rather, the pro rata obligations
are contractual obligations that shall be enforced by only the
commission or an affected party state.
(g) If the party states make payment pursuant to par. (f), the
surcharge or fee provided for in sub. (3) (j) shall be used to collect
the funds necessary to reimburse the party states for those payments. The commission shall determine the time period over
which reimbursement shall take place.
(6) ARTICLE VI — D EVELOPMENT, O PERATION AND C LOSING OF COMPACT FACILITIES. (a) Any party state may volunteer
to become a host state and the commission may designate that
state as a host state.
(b) If not all compact facilities required by the regional disposal plan are developed pursuant to par. (a), the commission
may designate a host state.
(c) After a state is designated a host state by the commission,
the state is responsible for the timely development and operation
of the compact facility it is designated to host. The development
and operation of the compact facility shall not conflict with applicable federal and host state laws, rules and regulations, provided
that the laws, rules and regulations of a host state and its political
subdivisions shall not prevent, nor shall they be applied so as to
prevent, the host state’s discharge of the obligation set forth in
this paragraph. The obligation set forth in this paragraph is contingent upon the discharge by the commission of its obligation set
forth in sub. (3) (i) 5.
(d) If a party state designated as a host state fails to discharge
the obligations imposed upon it by par. (c), its host state designation may be terminated by a two-thirds vote of the commission
with the member from the host state of any then-operating compact facility voting in the affirmative. A party state whose host
state designation has been terminated has failed to fulfill its obligations as a host state and is subject to the provisions of sub. (8)
(d).
(e) 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. Except as set forth in par. (d), the commission may relieve a party state of its responsibility only upon a showing by the
requesting party state that, based upon criteria established by the
commission that are consistent with any applicable federal criteria, no feasible potential compact facility site exists within its
borders. A party state relieved of its host state responsibility shall
repay to the commission any funds provided to that state by the
commission for the development of a compact facility and also
shall pay to the commission the amount the commission determines is necessary to ensure that the commission and the other
party states do not incur financial loss as a result of the state being relieved of its host state responsibility. Any funds so paid to
the commission with respect to the financial loss of the other
party states shall be distributed forthwith by the commission to
the party states that would otherwise incur the loss. In addition,
until the state relieved of its responsibility is again designated as
a host state and a compact facility is located in that state begins
operating, it shall annually pay to the commission, for deposit in
the remedial action fund, an amount the commission determines
is fair and equitable in light of the fact the state has been relieved
of the responsibility to host a compact facility but continues to
enjoy the benefits of being a member of this compact.
(f) The host state shall select the technology for the compact
facility. If requested by the commission, information regarding
the technology selected by the host state shall be submitted to the
commission for its review. The commission may require the host
state to make changes in the technology selected by the host state
if the commission demonstrates that the changes do not decrease
the protection of air, land and water resources and the health and

safety of all people who may be affected by the facility. If requested by the host state, any commission decision requiring the
host state to make changes in the technology shall be preceded by
an adjudicatory hearing in which the commission shall have the
burden of proof.
(g) A host state may assign to a private contractor the responsibility, in whole or in part, to develop, construct, operate, close
or provide long-term care for a compact facility. Assignment of
such responsibility by a host state to a private contractor does not
relieve the host state of any responsibility imposed upon it by this
compact. A host state may secure indemnification from the contractor for any costs, liabilities and expenses incurred by the host
state resulting from the development, construction, operation,
closing or long-term care of a compact facility.
(h) To the extent permitted by federal and state law, a host
state shall regulate and license any facility within its borders and
ensure the long-term care of that facility.
(i) A host state shall accept waste for disposal for a period of
20 years from the date on which the compact facility in the host
state becomes operational or until its capacity has been reached,
whichever occurs first. At any time before the compact facility
closes, the host state and the commission may enter into an agreement to extend the period during which the host state is required
to accept such waste or to increase the capacity of the compact facility. Except as specifically authorized by par. (L) 4., the 20-year
period shall not be extended, and the capacity of the facility shall
not be increased, without the consent of the affected host state
and the commission.
(j) A host state shall establish a system of fees to be collected
from the users of any compact facility within its borders. The fee
system, and the costs paid through the system, shall be reasonable
and equitable. The fee system shall be subject to the commission’s approval. The fee system shall provide the host state with
sufficient revenue to pay costs associated with the compact facility including, but not limited to, operation, closing, long-term
care, debt service, legal costs, local impact assistance and local financial incentives. The fee system also shall be used to collect
the surcharge provided in sub. (3) (j) 2. The fee system shall include incentives for source reduction and shall be based on the
hazard of the waste as well as the volume.
(k) A host state shall ensure that a compact facility located
within its borders that is permanently closed is properly cared for
so as to ensure protection of air, land and water resources and the
health and safety of all people who may be affected by the
facility.
(L) The development of subsequent compact facilities shall be
as follows:
1. No compact facility shall begin operating until the commission designates the host state of the next compact facility.
2. The following actions shall be taken by the state designated to host the next compact facility within the specified number of years after the compact facility it is intended to replace begins operation:
a. Within 3 years, enact legislation providing for the development of the next compact facility.
b. Within 7 years, initiate site characterization investigations
and tests to determine licensing suitability for the next compact
facility.
c. Within 11 years, submit a license application for the next
compact facility that the responsible licensing authority deems
complete.
2m. If a host state fails to take any of the actions under subd.
2. within the specified time, all waste generated by any person
within that state shall be denied access to the then-operating compact facility, and to any noncompact facility made available to the
region by any agreement entered into by the commission pursuant
to sub. (3) (h) 6., until the action is taken. Denial of access may
be rescinded by the commission, with the member from the host
state of the then-operating compact facility voting in the affirmative. A host state that fails to take any of these actions within the
specified time has failed to fulfill its obligations as a host state
and is subject to the provisions of par. (d) and sub. (8) (d).
3. Within 14 years after any compact facility begins operating, the state designated to host the next compact facility shall
have obtained a license from the responsible licensing authority
to construct and operate the compact facility that the state has
been designated to host. If the license is not obtained within the
specified time, all waste generated by any person within the state
designated to host the next compact facility shall be denied access
to the then-operating compact facility, and to any noncompact facility made available to the region by any agreement entered into
by the commission pursuant to sub. (3) (h) 6., until the license is
obtained. The state designated to host the next compact facility
shall have failed in its obligations as a host state and shall be subject to par. (d) and sub. (8) (d). In addition, at the sole option of
the host state of the then-operating compact facility, all waste
generated by any person within any party state that has not fully
discharged its obligations under par. (i) shall be denied access to
the then-operating compact facility, and to any noncompact facility made available to the region by any agreement entered into by
the commission pursuant to sub. (3) (h) 6., until the license is obtained. Denial of access may be rescinded by the commission,
with the member from the host state of the then-operating compact facility voting in the affirmative.
4. If 20 years after a compact facility begins operating the
next compact facility is not ready to begin operating, the state
designated to host the next compact facility shall have failed in its
obligation as a host state and shall be subject to par. (d) and sub.
(8) (d). If at the time the capacity of the then-operating compact
facility has been reached, or 20 years after the facility began operating, whichever occurs first, the next compact facility is not
ready to begin operating, the host state of the then-operating compact facility, without the consent of any other party state or the
commission, may continue to operate the facility until a compact
facility in the next host state is ready to begin operating. During
any such period of continued operation of a compact facility, all
waste generated by any person within the state designated to host
the next compact facility shall be denied access to the then-operating compact facility and to any noncompact facility made available to the region by any agreement entered into by the commission pursuant to sub. (3) (h) 6. In addition, during such period, at
the sole option of the host state of the then-operating compact facility, all waste generated by any person within any party state
that has not fully discharged its obligations under par. (i) shall be
denied access to the then-operating compact facility and to any
noncompact facility made available to the region by any agreement entered into by the commission pursuant to sub. (3) (h) 6.
Denial of access may be rescinded by the commission, with the
member from the host state of the then-operating compact facility
voting in the affirmative. The provisions of this subdivision shall
not apply if their application is inconsistent with an agreement
between the host state of the then-operating compact facility and
the commission as authorized in par. (i) or inconsistent with par.
(p) or (q).
5. During any period that access is denied for waste disposal
pursuant to subd. 2m., 3. or 4., the party state designated to host
the next compact disposal facility shall pay to the host state of the
then-operating compact facility an amount the commission determines is reasonably necessary to ensure that the host state, or any
agency or political subdivision thereof, does not incur financial
loss as a result of the denial of access.

6. The commission may modify any of the requirements contained in subds. 2., 2m. and 3. if it finds that circumstances have
changed so that the requirements are unworkable or unnecessarily
rigid or no longer serve to ensure the timely development of a
compact facility. The commission may adopt such a finding by a
two-thirds vote, with the member from the host state of the thenoperating compact facility voting in the affirmative.
(m) This compact shall not prevent an emergency closing of a
compact facility by a host state to protect air, land and water resources and the health and safety of all people who may be affected by the facility. A host state that has an emergency closing
of a compact 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.
(n) A party state that has fully discharged its obligations under
par. (i) shall not again be designated a host state of a compact facility without its consent until each party state has been designated to host a compact facility and has fully discharged its obligations under par. (i) or has been relieved under par. (e) of its responsibility to serve as a host state.
(o) Each host state of a compact facility shall establish a longterm care fund to pay for monitoring, security, maintenance and
repair of the facility after it is permanently closed. The expenses
of administering the long-term care fund shall be paid out of the
fund. The fee system established by the host state that establishes
a long-term care fund shall be used to collect moneys in amounts
that are adequate to pay for all long-term care of the compact facility. The moneys shall be deposited into the long-term care
fund. Except where the matter is resolved through arbitration, the
amount to be collected through the fee system for deposit into the
fund shall be determined through an agreement between the commission and the host state establishing the fund. Not less than 3
years, nor more than 5 years, before the compact facility it is designated to host is scheduled to begin operating, the host state shall
propose to the commission the amount to be collected through
the fee system for deposit into the fund. If, 180 days after such
proposal is made to the commission, the host state and the commission have not agreed, either the commission or the host state
may require the matter to be decided through binding arbitration.
The method of administration of the fund shall be determined by
the host state establishing the long-term care fund, provided that
moneys in the fund shall be used only for the purposes set forth in
this paragraph and shall be invested in accordance with the standards applicable to trustees under the laws of the host state establishing the fund. If, after a compact facility is closed, the commission determines the long-term care fund established with respect to that facility is not adequate to pay for all long-term care
for that facility, the commission shall collect and pay over to the
host state of the closed facility, for deposit into the long-term care
fund, an amount determined by the commission to be necessary
to make the amount in the fund adequate to pay for all long-term
care of the facility. If a long-term care fund is exhausted and
long-term care expenses for the facility with respect to which the
fund was created have been reasonably incurred by the host state
of the facility, those expenses are a liability with respect to which
generators shall provide indemnification as provided in sub. (7)
(g). Generators that provide indemnification shall have contribution rights as provided in sub. (7) (g).
(p) A host state that withdraws from the compact or has its
membership revoked shall immediately and permanently close
any compact facility located within its borders, except that the
commission and a host state may enter into an agreement under
which the host state may continue to operate, as a noncompact facility, a facility within its borders that, before the host state withdrew or had its membership revoked, was a compact facility.
(q) If this compact is dissolved, the host state of any then-operating compact facility shall immediately and permanently close
the facility, provided that a host state may continue to operate a
compact facility or resume operating a previously closed compact
facility, as a noncompact facility, subject to all of the following
requirements:
1. The host state shall pay to the other party states the portion
of the funds provided to that state by the commission for the development, construction, operation, closing or long-term care of a
compact facility that is fair and equitable, taking into consideration the period of time the compact facility located in that state
was in operation and the amount of waste disposed of at the facility, provided that a host state that has fully discharged its obligations under par. (i) shall not be required to make such payment.
2. The host state shall physically segregate waste disposed of
at the facility after this compact is dissolved from waste disposed
of at the facility before this compact is dissolved.
3. The host state shall indemnify and hold harmless the other
party states from all costs, liabilities and expenses, including reasonable attorney fees and expenses, caused by operating the facility after this compact is dissolved, provided that this indemnification and hold-harmless obligation shall not apply to costs, liabilities and expenses resulting from the activities of a host state as a
generator of waste.
4. Moneys in the long-term care fund established by the host
state that are attributable to the operation of the facility before
this compact is dissolved, and investment earnings thereon, shall
be used only to pay the cost of monitoring, securing, maintaining
or repairing that portion of the facility used for the disposal of
waste before this compact is dissolved. Such moneys and investment earnings, and any moneys added to the long-term care fund
through a distribution authorized by sub. (3) (r), also may be used
to pay the cost of any remedial action made necessary by an event
resulting from the disposal of waste at the facility before this
compact is dissolved.
(r) Financial statements of a compact facility shall be prepared according to generally accepted accounting principles. The
commission may require the financial statements to be audited on
an annual basis by a firm of certified public accountants selected
and paid by the commission.
(s) Waste may be accepted for disposal at a compact facility
only if the generator of the waste has signed, and there is on file
with the commission, an agreement to provide indemnification to
a party state, or employee of that state, for all of the following:
1. Any cost of a remedial action described in sub. (3) (p) that,
due to inadequacy of the remedial action fund, is not paid as set
forth in that provision.
2. Any expense for long-term care described in par. (o) that,
due to exhaustion of the long-term care fund, is not paid as set
forth in that provision.
3. Any liability for damages to persons, property or the environment incurred by a party state, or employee of that state while
acting within the scope of employment, resulting from the development, construction, operation, regulation, closing or long-term
care of a compact facility, or any noncompact facility made available to the region by any agreement entered into by the commission pursuant to sub. (3) (h) 6., or any other matter arising from
this compact. The agreement also shall require generators to indemnify the party state or employee against all reasonable attorney fees and expenses incurred in defending any action for such
damages. This indemnification shall not extend to liability based
on any of the following:
a. The activities of the party states as generators of waste.
b. The obligations of the party states to each other and the
commission imposed by this compact or other contracts related to
the disposal of waste under this compact.

c. Activities of a host state or employees thereof that are
grossly negligent or willful and wanton.
(t) The agreement under par. (s) shall provide that the indemnification obligation of generators shall be joint and several, except that the indemnification obligation of the party states with
respect to their activities as generators of waste shall not be joint
and several, but instead shall be prorated according to the amount
of waste that each state had disposed of at the compact facility
giving rise to the liability. Such proration shall be calculated as
of the date of the event giving rise to the liability. The agreement
shall be in a form approved by the commission with the member
from the host state of any then-operating compact facility voting
in the affirmative. Among generators there shall be rights of contribution based on equitable principles and generators shall have
rights of contribution against any other person responsible for
such damages under common law, statute, rule or regulation, provided that a party state that through its own activities did not generate any waste disposed of at the compact facility giving rise to
the liability, an employee of such a party state and the commission shall have no such contribution obligation. The commission
may waive the requirement that the party state sign and file such
an indemnification agreement as a condition to being able to dispose of waste generated as a result of the party state’s activities.
Such a waiver shall not relieve a party state of the indemnification
obligation imposed by sub. (7) (g).
(7) ARTICLE VII — O THER L AWS AND R EGULATIONS. (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 generator from storing or treating, on its own
premises, waste generated by it within the region;
4. Affects any administrative or judicial proceeding pending
on the effective date of this compact;
5. Alters the relations between and the respective internal responsibility of the government of a party state and its
subdivisions;
6. Affects the generation, treatment, storage or disposal of
waste generated by the atomic energy defense activities of the
secretary of the U.S. department of energy or successor agencies
or federal research and development activities as described in 42
USC 2021;
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.
8. Requires a party state to enter into any agreement with the
U.S. nuclear regulatory commission.
9. Limits, expands or otherwise affects the authority of a
state to regulate low-level radioactive waste classified by any
agency of the U.S. government as “below regulatory concern” or
otherwise exempt from federal regulation.
(b) If a court of the United States finally determines that a law
of a party state conflicts with this compact, this compact shall
prevail to the extent of the conflict. The commission shall not
commence an action seeking such a judicial determination unless
commencement of the action is approved by a two-thirds vote of
the membership of the commission.
(c) Except as authorized by this compact, no law, rule or regulation 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) Except as provided in par. (f) and sub. (3) (m), no provision of this compact shall be construed to eliminate or reduce in
any way the liability or responsibility, whether arising under
common law, statute, rule or regulation, of any person for penalties, fines or damages to persons, property or the environment resulting from the development, construction, operation, closing or
long-term care of a compact facility, or any noncompact facility
made available to the region by any agreement entered into by the
commission pursuant to sub. (3) (h) 6., or any other matter arising
from this compact. The provisions of this compact shall not alter
otherwise applicable laws relating to compensation of employees
for workplace injuries.
(e) Except as provided in 28 USC 1251 (a), the district courts
of the United States have exclusive jurisdiction to decide cases
arising under this compact. This paragraph does not apply to proceedings within the jurisdiction of state or federal regulatory
agencies nor to judicial review of proceedings before state or federal regulatory agencies. This paragraph shall not be construed to
diminish other laws of the United States conferring jurisdiction
on the courts of the United States.
(f) For the purposes of activities pursuant to this compact, the
sovereign immunity of party states and employees of party states
shall be as follows:
1. A party state or employee thereof, while acting within the
scope of employment, shall not be subject to suit or held liable for
damages to persons, property or the environment resulting from
the development, construction, operation, regulation, closing or
long-term care of a compact facility, or any noncompact facility
made available to the region by any agreement entered into by the
commission pursuant to sub. (3) (h) 6. This applies whether the
claimed liability of the party state or employee is based on common law, statute, rule or regulation.
2. The sovereign immunity granted in subd. 1. does not apply
to any of the following:
a. Actions based upon the activities of the party states as generators of waste. With regard to those actions, the sovereign immunity of the party states shall not be affected by this compact.
b. Actions based on the obligations of the party states to each
other and the commission imposed by this compact or other contracts related to the disposal of waste under this compact. With
regard to those actions, the party states shall have no sovereign
immunity.
c. Actions against a host state, or employee thereof, when the
host state or employee acted in a grossly negligent or willful and
wanton manner.
(g) If in any action described in par. (f) 1. and not described in
par. (f) 2. it is determined that, notwithstanding par. (f) 1., a party
state, or employee of that state who acted within the scope of employment, is liable for damages or has liability for other matters
arising under this compact as described in sub. (6) (s) 3., the generators who caused waste to be placed at the compact facility with
respect to which the liability was incurred shall indemnify the
party state or employee against that liability. Those generators
also shall indemnify the party state or employee against all reasonable attorney fees and expenses incurred in defending against
any such action. The indemnification obligation of generators
under this paragraph shall be joint and several, except that the indemnification obligation of party states with respect to their activities as generators of waste shall not be joint and several, but
instead shall be prorated according to the amount of waste each
state has disposed of at the compact facility giving rise to the liability. Among generators, there shall be rights of contribution
based upon equitable principles and generators shall have rights
of contribution against any other person responsible for such
damages under common law, statute, rule or regulation. A party

state that through its own activities did not generate any waste
disposed of at the compact facility giving rise to the liability, an
employee of such a party state and the commission shall have no
contribution obligation under this paragraph. This paragraph
shall not be construed as a waiver of the sovereign immunity provided for in par. (f) 1.
(h) The sovereign immunity of a party state provided for in
par. (f) 1. shall not be extended to any private contractor assigned
responsibilities as authorized in sub. (6) (g).
(8) ARTICLE VIII — E LIGIBLE PARTIES, WITHDRAWAL, REVOCATION, S USPENSION OF A CCESS, E NTRY INTO F ORCE AND
TERMINATION. (a) Any state may petition the commission to be
eligible for membership in the compact. The commission may
establish appropriate eligibility requirements. These requirements may include, but are not limited to, an eligibility fee or designation as a host state. A petitioning state becomes eligible for
membership in the compact upon the approval of the commission, including the affirmative vote of the member from each host
state in which a compact facility is operating or being developed
or constructed. Any state becoming eligible upon the approval of
the commission becomes a member of the compact when the
state enacts this compact into law and pays the eligibility fee established by the commission.
(b) The commission is formed upon the appointment of commission members and the tender of the membership fee payable
to the commission by 3 party states. The governor of the first
state to enac

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