The Legislature of the State of South Dakota hereby enacts and ratifies the agreement set forth in this section and designates this compact as the “Southwestern Low-Level Radioactive Waste Disposal Compact,” which is entered into pursuant to the Low-Level Radioactive Waste Policy Act, 42 U.S.C. §§ 2021b to 2021d, inclusive. This compact shall become effective in accordance with article 7 of the compact as set forth in this section.

The provisions of the southwestern low–level radioactive waste disposal compact are as follows:

ARTICLE 1. COMPACT POLICY AND FORMATION

The party states hereby find and declare all of the following:

(A) The United States Congress, by enacting the Low-Level Radioactive Waste Policy Act, Public Law 96-573, as amended by the Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C. §§ 2021b to 2021j, inclusive), has encouraged the use of interstate compacts to provide for the establishment and operation of facilities for regional management of low–level radioactive waste.

(B) It is the purpose of this compact to provide the means for such a cooperative effort between or among party states to protect the citizens of the states and the states’ environments.

(C) It is the policy of party states to this compact to encourage the reduction of the volume of low–level radioactive waste requiring disposal within the compact region.

(D) It is the policy of the party states that the protection of the health and safety of their citizens and the most ecological and economical management of low–level radioactive wastes can be accomplished through cooperation of the states by minimizing the amount of handling and transportation required to dispose of these wastes and by providing facilities that serve the compact design.

(E) Each party state, if an agreement state pursuant to § 2021 of title 42 of the United States Code, or the nuclear regulatory commission if not an agreement state, is responsible for the primary regulation of radioactive materials within its jurisdiction.

ARTICLE 2. DEFINITIONS

As used in this compact, unless the context clearly indicates otherwise, the following definitions apply:

(A) “Commission,” means the southwestern low–level radioactive waste commission established in article 3 of this compact.

(B) “Compact region” or “region,” means the combined geographical area within the boundaries of the party states.

(C) “Disposal,” means the permanent isolation of low–level radioactive waste pursuant to requirements established by the nuclear regulatory commission and the environmental protection agency under applicable laws, or by a party state if that state hosts a disposal facility.

(D) “Generate,” when used in relation to low–level radioactive waste, means to produce low–level radioactive waste.

(E) “Generator,” means a person whose activity, excluding the management of low–level radioactive waste, results in the production of low–level radioactive waste.

(F) “Host county,” means a county, or other similar political subdivision of a party state, in which a regional disposal facility is located or being developed.

(G) “Host state,” means a party state in which a regional disposal facility is located or being developed. The state of California is the host state under this compact for the first thirty years from the date the California regional disposal facility commences operations.

(H) “Institutional control period,” means that period of time in which the facility license is transferred to the disposal site owner in compliance with the appropriate regulations for long–term observation and maintenance following the post–closure period.