New Jersey § 32:31-4

§ 32:31-4.

Article III. Rights and Obligations a. There shall be provided within the region one or more regional facilities which,

together with such other facilities as may be made available to the region, will provide

sufficient capacity to manage all wastes generated within the region. (1) Regional facilities shall be entitled to waste generated within the region, unless

otherwise provided by the commission. To the extent regional facilities are available, no waste generated within a party

state shall be exported to facilities outside the region unless the exportation is

approved by the commission and the affected host state(s). (2) After January 1, 1986, no person shall deposit at a regional facility waste generated

outside the region, and further, no regional facility shall accept waste generated

outside the region, unless approved by the commission and the affected host state(s). b. The rights, responsibilities and obligations of each party state to this compact

are as follows: (1) Each party state shall have the right to have all wastes generated within its

borders managed at regional facilities, and shall have the right of access to facilities

made available to the region through agreements entered into by the commission pursuant

to Article IV i. (11). 1 The right of access by a generator within a party state to any regional facility

is limited by the generator's adherence to applicable state and federal laws and regulations

and the provisions of this compact. (2) To the extent not prohibited by federal law, each party state shall institute

procedures which will require shipments of low-level waste generated within or passing

through its borders to be consistent with applicable federal packaging and transportation

regulations and applicable host state packaging and transportation regulations for

management of low-level waste; provided, however, that these practices shall not

impose unreasonable, burdensome impediments to the management of low-level waste in

the region. Upon notification by a host state that a generator, shipper, or carrier within the

party state is in violation of applicable packaging or transportation regulations,

the party state shall take appropriate action to ensure that the violations do not

recur. (3) Each party state may impose reasonable fees upon generators, shippers, or carriers

to recover the cost of inspections and other practices under this compact. (4) Each party state shall encourage generators within its borders to minimize the

volume of waste requiring disposal. (5) Each party state has the right to rely on the good faith performance by every

other party state of acts which ensure the provision of facilities for regional availability

and their use in a manner consistent with this compact. (6) Each party state shall provide to the commission any data and information necessary

for the implementation of the commission's responsibilities, and shall establish the

capability to obtain any data and information necessary to meet its obligations as

herein defined. (7) Each party state shall have the capability to host a regional facility in a timely

manner and to ensure the post-closure observation and maintenance, and institutional

control of any regional facility within its borders. (8) No nonhost party state shall be liable for any injury to persons or property resulting

from the operation of a regional facility or the transportation of waste to a regional

facility; however, if the host state itself is the operator of the regional facility,

its liability shall be that of any private operator. c. The rights, responsibilities and obligations of a host state are as follows: (1) To the extent not prohibited by federal law, a host state shall ensure the timely

development and the safe operation, closure, post-closure observation and maintenance,

and institutional control of any regional facility within its borders. (2) In accordance with procedures established in Articles V and IX, 2 the host state shall provide for the establishment of a reasonable structure of fees

sufficient to cover all costs related to the development, operation, closure, post-closure

observation and maintenance, and institutional control of a regional facility. It may also establish surcharges to cover the regulatory costs, incentives, and

compensation associated with a regional facility; provided, however, that without

the express approval of the commission, no distinction in fees or surcharges shall

be made between persons of the several states party to this compact. (3) To the extent not prohibited by federal law, a host state may establish requirements

and regulations pertaining to the management of waste at a regional facility; provided,

however, that the requirements shall not impose unreasonable impediments to the management

of low-level waste within the region. Nor may a host state or a subdivision impose any restrictive requirements on the

siting or operation of a regional facility that, alone or as a whole, they serve as

unreasonable barriers or prohibitions to the siting or operation of the facility. (4) Each host state shall submit to the commission annually a report concerning each

operating regional facility within its borders. The report shall contain projections of the anticipated future capacity and availability

of the regional facility, a financial audit of its operation, and other information

as may be required by the commission; and in the case of regional facilities in institutional

control or otherwise no longer operating, the host states shall furnish information

as may be required on the facilities still subject to their jurisdiction. (5) A host state shall notify the commission immediately if any exigency arises which

requires the permanent, temporary, or possible closure of any regional facility located

therein at a time earlier than projected in its most recent annual report to the commission. The commission may conduct studies, hold hearings, or take such other measures to

ensure that the actions taken are necessary and compatible with the obligations of

the host state under this compact. 1

N.J.S.A. § 32:31-5. 2

N.J.S.A. §§ 32:31-6 and 32:31-10.