Page:United States Statutes at Large Volume 99 Part 2.djvu/757

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PUBLIC LAW 99-000—MMMM. DD, 1985

PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1867

annual basis, an amount not to exceed $25,000 until surcharges are available for that purpose. Host states shall begin imposition of the surcharges provided for in this section as soon as practicable and shall remit to the Commission funds resulting from collection of such surcharges within 60 days of their receipt; and "2. Each state hosting a regional facility shall annually levy surcharges on all users of such facilities, based on the volume and characteristics of wastes received at such facilities, the total of which: "(A) Shall be sufficient to cover the annual budget of the Commission; and "(B) shall be paid to the Commission, provided, however, that each host state collecting such surcharges may retain a portion of the collection sufficient to cover the administrative costs of collection, and that the remainder be sufficient only to cover the approved annual budget of the Commission, "i. The Commission shall keep accurate accounts of all receipts Audit. and disbursements. An independent certified public accountant Report. shall annually audit all receipts and disbursements of Commission funds and submit an audit report to the Commission. Such audit report shall be made a part of the annual report of the Commission required by this Article. " j. The Commission may accept for any of its purposes and Grants. functions any and all donations, grants of money, equipment, sup- Reports. plies, materials and services, condition£d or otherwise from any person and may receive, utilize and dispose of same. The nature, amount and conditions, if any, attendant upon any donation or grant accepted pursuant to this section, together with the identity of the donor, grantor or lender, shall be detailed in the annual report of the Commission. "k. (1) Except as otherwise provided herein, nothing in this com- Prohibition. pact shall be construed to alter the incidence of liability of any kind for any act, omission, course of conduct, or on account of any casual or other relationships. Generators, transporters of waste, owners and operators of facilities shall be liable for their acts, omissions, conduct or relationships in accordance with all laws relating thereto. "(2) The Commission herein established is a legal entity separate Prohibitions. and distinct from the party states and shall be so liable for its actions. Liabilities of the Commission shall not be deemed liabilities of the party states. Members of the Commission shall not be personally liable for actions taken by them in their official capacity "1. Any person or party state aggrieved by a final decision of the Commission may obtain judicial review of such decisions in the United States District Court in the District wherein the Commission maintains its headquarters by filing in such court a petition for review within 60 days after the Commission's final decision. Proceedings thereafter shall be in accordance with the rules of procedure applicable in such court, "m. The Commission shall: " 1. Receive and approve the application of a non-party state to become a party state in accordance with article VII; "2. submit an annual report, and otherwise communicate Report, with, the Governors and the presiding officers of the legislative