Section 7130.309 - Out-of-compact waste(a) Source of waste.--No low-level waste shall be accepted for disposal at the regional facility unless the waste was generated within the Appalachian Compact states or the commission has entered into a reciprocal contingency agreement for the emergency disposal of out-of-compact low-level waste. Waste generated within the Appalachian Compact states shall not include radioactive waste shipped from outside the Compact states to a waste generator or management facility within the Compact states. For the purposes of this section, an emergency shall include the temporary shutdown of a regional or state low-level radioactive waste disposal facility for a period of time which the commission reasonably projects will extend beyond the time when the low-level radioactive waste storage at the generator's facility and the disposal facility will reach maximum capacity, and additional storage would constitute a threat to the health and safety of the public or the environment. The reciprocal contingency agreement shall provide that the regional or state low-level waste disposal facility with the emergency will accept from the Appalachian Regional Facility or from generators, brokers or carriers licensed or permitted by the department, immediately at the termination of the emergency, an amount of low-level radioactive waste equal to the volume and toxicity of the low-level radioactive waste shipped to the Appalachian Regional Facility during the emergency.(b) Approval of certain agreements.--No agreement shall permit the disposal of out-of-compact waste for a period exceeding three months unless a continuation of the agreement is approved by the General Assembly or the Governor. The Speaker of the House of Representatives and the President pro tempore of the Senate shall cause to be placed on the calendars of the House and Senate a concurrent resolution approving the proposed continuation. If the General Assembly fails to approve or disapprove the concurrent resolution within ten legislative days or 30 calendar days, whichever occurs first, the Governor may approve the continuation of the reciprocal agreement by executive order. The commission shall notify the General Assembly and the Governor when it has determined that a continuation of the reciprocal agreement is recommended and the date on which disposal will cease.(c) Limited permit.--The department shall review an application and shall issue a limited permit for each low-level waste generator from outside the compact that meets the criteria for use of the regional facility. The department shall only issue the permit upon a determination by the commission that an emergency exists in the state or region in which the permittee is located. The permit shall not be valid for a period exceeding three months, unless a continuation is approved by the General Assembly or the Governor as provided in subsection (b).1988, Feb. 9, P.L. 31, No. 12, § 309, imd. effective.