TITLE 7

Conservation

Appalachian States Low-Level Radioactive Waste Compact

CHAPTER 80. Appalachian States Low-Level Radioactive Waste Compact

§ 8001. Governor to enter into Compact; provisions thereof.

The Governor of this State shall execute a Compact on behalf of the State with the Commonwealth of Pennsylvania, the State of West Virginia, and with any other eligible state or states as may enter into the Compact, legally joining therein the form substantially as follows:

65 Del. Laws, c. 244, §  270 Del. Laws, c. 186, §  1

APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMPACT

The State of Delaware hereby solemnly covenants and agrees with the Commonwealth of Pennsylvania, the State of West Virginia and any other eligible states as defined in Article 5(A) of this Compact and the United States of America, upon the enactment of concurrent legislation by the Congress of the United States and by the respective state legislatures, as follows:

PREAMBLE

Whereas, the United States Congress, by enacting the Low-Level Radioactive Waste Policy Act (42 U.S.C. §§ 2021b-2021d) has encouraged the use of interstate compacts to provide for the establishment and operation of facilities for regional management of low-level radioactive waste;

Whereas, under § 4(a)(1)(A) of the Low-Level Radioactive Waste Policy Act ([former] 42 U.S.C. § 2021d(a)(1)(A)) [see now 42 U.S.C. § 2021c], each state is responsible for providing for the capacity for disposal of low-level radioactive waste generated within its borders.

Whereas, to promote the health, safety and welfare of residents within the Commonwealth of Pennsylvania and other eligible states as defined in Article 5(A) of this Compact shall enter into a compact for the regional management and disposal of low-level radioactive waste.

Now, therefore, the Commonwealth of Pennsylvania, the State of Delaware and the State of West Virginia and other eligible states hereby agree to enter into the Appalachian States Low-Level Radioactive Waste Compact.


§ 8002. Governor’s representatives.

(a) The Governor shall, in accordance with this Compact, appoint 2 Commissioners familiar with the problems inherent in the disposal of low-level radioactive waste to represent the State of Delaware on the Appalachian States Low-Level Radioactive Waste Commission. The Governor shall also appoint 2 alternate Commissioners to serve in the respective place of the 2 original Commissioners, should a Commissioner be unable to attend a Commission meeting or otherwise fulfill the duties of their appointed office. The Commissioners and respective alternates shall serve 4-year terms.

(b) The Governor’s representatives shall serve without compensation but shall be reimbursed for necessary expenses incurred in and incident to the performance of their duties from a fund specifically reserved for the purpose by the State.

65 Del. Laws, c. 244, §  268 Del. Laws, c. 248, §§  1, 2

§ 8003. Budgetary processes.

The term “budgetary processes” in Article 2(C)(2) of the Appalachian States Low-Level Radioactive Waste Compact shall be construed to include a proposed budget presentation to the State Budget Director by the state’s representatives on the Appalachian States Low-Level Radioactive Waste Commission, or the appropriate state agency, for each state fiscal year, in accordance with the rules and practices of the state governing administrative agencies. Each such budget proposal shall include a statement of moneys required to administer, manage and support the implementation of the Appalachian States Low-Level Radioactive Waste Compact during the ensuing fiscal period. The statement shall include any request for appropriation of funds by said representatives or state agency, and shall be accompanied by a tabulation of similar requests which said Commission makes or expects to make each other signatory party, and the formula or factors upon which such respective requests are based. Further, the term “budgetary processes” as applied to the State, shall not be considered complied with until it includes appropriation by the General Assembly and the signing of the appropriation into law by the Governor.

65 Del. Laws, c. 244, §  2

§ 8004. Effectuation by Governor.

The Governor is authorized to take such action as may be necessary and proper in the Governor’s discretion to effectuate the Appalachian States Low-Level Radioactive Waste Compact and the initial organization and continued operation of the Commission.

65 Del. Laws, c. 244, §  270 Del. Laws, c. 186, §  1

§ 8005. Low-level radioactive waste surcharge rebates.

Authority is given to Delaware’s Appalachian States Low-Level Radioactive Waste Compact Commissioners to approve the disbursement of funds from the Low-Level Radioactive Waste Surcharge Escrow Account established by the U.S. Department of Energy. These funds can only be used to:

(1) Establish low-level radioactive waste disposal facilities;

(2) Mitigate the impact of low-level radioactive waste disposal facilities on the host state;

(3) Regulate low-level radioactive waste disposal facilities; or

(4) Ensure the decommissioning, closure and care during the period of institutional control of low-level radioactive waste disposal facilities as stipulated by the Low-Level Radioactive Waste Policy Amendments Act [42 U.S.C. § 2021b et seq.].

67 Del. Laws, c. 375, §  1