Page:United States Statutes at Large Volume 102 Part 1.djvu/517

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-319—MAY 19, 1988

102 STAT. 479

"(h) Prohibit the use of any shallow land burial, as defined in Article l(r), and develop alternative means for treatment, storage and disposal of low-level waste. "(i) Establish by law, to the extent not prohibited by Federal law, requirements for financial responsibility, including, but not limited to: "(i) Requirements for the purchase and maintenance of adequate insurance by generators, brokers, carriers and operators of the regional facility; "(ii) Requirements for the establishment of a long-term care fund to be funded by a fee placed on generators to pay for preventative or corrective measures of low-level waste to the regional facility; and "(iii) Any further financial responsibility requirements that shall be submitted by generators, brokers, carriers and operators as deemed necessary by the host state. "(G) Duties of Party State. "Each party state: "(a) Shall appropriate its portion of the (Commission's initial and annual budgets as set out in Article 2(C)(2) and (3). "(b) To the extent authorized by Federal law, shall develop and enforce procedures requiring low-level waste shipments originating within its borders and destined for a regional facility to conform to volume reduction, packaging and transportation requirements and regulations as well as any other requirements specified by the regional facility. Such procedures shall include, but are not limited to: "(i) Periodic inspections of packaging and shipping practices; "(ii) Periodic inspections of low-level waste containers while in custody of carriers; and "(iii) Appropriate enforcement actions with respect to violations. "(c) To the extent authorized by Federal law, shall, after receiving notification from a host state or other person that a person in a party state has violated volume reduction, packaging, shipping or transportation requirements or regulations, take appropriate action to ensure that violations do not recur. Appropriate action shall include,.but is not limited to, the requirement that a bond be posted by the violator to pay the cost of repackaging at the regional facility and the requirement that future shipments be inspected. Appropriate action may also include suspension of the violators use of the regional facility. Should such suspension be imposed, the suspension shall remain in effect until such time as the violator has, to the satisfaction of the party state imposing such suspension, complied with the appropriate requirements or regulations upon which the suspension was based and has teiken appropriate action to ensure that such violation or violations do not recur. "(d) Shall maintain a registry of alj generators and quantities generated within the state. "(H) Liability. "In the event of liability arising from the operation of any regional facility and during and after closure of that facility, each party state shall share in that liability in an amount equal to that state's share of the region's low-level waste disposed of at the facility. If such liability arises from negligence, malfeasance or

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