reglab/housing_qa huggingface dataset:
ID Code § 39-7002 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 70 - SALE AND DISPOSAL OF BATTERIES|Section 39-7002 - DISPOSAL OF LEAD ACID BATTERIES.

39-7002. DISPOSAL OF LEAD ACID BATTERIES. (1) The disposal of lead acid batteries in landfills and the incineration of those batteries is prohibited. An owner or operator of a solid waste disposal facility shall not knowingly accept a lead acid battery for disposal unless the owner or operator is removing lead acid batteries from the waste stream for recycling. A lead acid battery shall be discarded or disposed of only as follows: (a) A lead acid battery retailer or wholesaler may deliver a lead acid battery to any one (1) of the following: (i) A permitted secondary lead smelter. (ii) A battery manufacturer. (iii) A collection or recycling facility authorized by the federal environmental protection agency or department of environmental quality. (iv) In the case of battery retailers only, an agent of a battery wholesaler. (v) A landfill operator who offers collection services for recycling lead acid batteries. (2) A person other than a lead acid battery retailer or wholesaler may deliver a lead acid battery to any of the following: (a) A lead acid battery retailer or wholesaler. (b) A permitted secondary lead smelter. (c) A collection or recycling facility authorized by the federal environmental protection agency or the department of environmental quality. (d) A landfill operator who offers collection services for recycling lead acid batteries.  History: [39-7002, added 1991, ch. 292, sec. 1, p. 752; am. 2001, ch. 103, sec. 63, p. 301.]
ID Code § 39-7003 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 70 - SALE AND DISPOSAL OF BATTERIES|Section 39-7003 - SALE OF LEAD ACID BATTERIES — FEE — NOTICE.

39-7003. SALE OF LEAD ACID BATTERIES — FEE — NOTICE. (1) A lead acid battery seller shall accept from customers at the point of transfer used lead acid batteries of the type and quantity sold at that point of transfer and may accept additional batteries. A lead acid battery seller shall post a written notice which is clearly visible in the public sales area of the establishment and which contains the following language: "It is unlawful to dispose of a motor vehicle battery or other lead acid battery in a landfill or any unauthorized site.  Recycle all used batteries." The seller is required by law to accept used lead acid batteries. When any new lead acid battery is purchased, an additional fee of ten dollars ($10.00) will be charged unless a used battery is returned for refund within thirty (30) days. (2) Each person who purchases a new lead acid battery shall be assessed a fee of ten dollars ($10.00) per battery by the seller. A seller shall refund the ten dollar ($10.00) fee to any person who presents a used lead acid battery to the seller with a receipt for the purchase of a new battery from that seller within the thirty (30) day period immediately following the purchase. A seller may keep any lead acid battery fee moneys which are not properly claimed within thirty (30) days after the date of sale. (3) All lead acid batteries sold after July 1, 1992, shall bear a universally accepted recycling symbol. (4) An advertisement or other printed promotional material related to the sale of lead acid batteries shall contain the following notice in bold print: "A fee is imposed on the purchase of each new lead acid battery unless a used battery is returned where applicable." (5) The provisions of this section do not apply to a person whose sales of batteries are not in the ordinary course of business. (6) A wholesale seller of lead acid batteries who sells batteries to this state, to a political subdivision of this state or to a private entity which resells the batteries is not subject to the fees in this chapter. (7) A person or entity who manufactures or sells equipment or vehicles, the final product of which includes a lead acid battery as a component part, is not subject to the fees in this chapter as long as the lead acid battery is attached to and is a component part of said equipment or vehicle.  History: [39-7003, added 1991, ch. 292, sec. 1, p. 753; am. 2009, ch. 172, sec. 1, p. 550.]
ID Code § 39-7004 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 70 - SALE AND DISPOSAL OF BATTERIES|Section 39-7004 - PENALTIES.

39-7004. PENALTIES. (1) A person who improperly disposes of a battery in violation of the provisions of this chapter is subject to a civil penalty of not more than five hundred dollars ($500) per violation and is subject to the penalty provisions of the environmental protection and health act contained in chapter 1, title 39, Idaho Code. Each battery which is so disposed of improperly constitutes a separate violation. (2) A person who knowingly violates any provision of this chapter other than as described in subparagraph (1) of this section is subject to a civil penalty of not more than one hundred dollars ($100) per violation.  History: [39-7004, added 1991, ch. 292, sec. 1, p. 753.]
ID Code § 39-7101 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 71 - HAZARDOUS SUBSTANCE EMERGENCY RESPONSE ACT|Section 39-7101 - SHORT TITLE.

39-7101. SHORT TITLE. This chapter may be known and cited as the "Idaho Hazardous Substance Response Act."  History: [39-7101, added 1991, ch. 242, sec. 1, p. 583.]
ID Code § 39-7102 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 71 - HAZARDOUS SUBSTANCE EMERGENCY RESPONSE ACT|Section 39-7102 - LEGISLATIVE FINDINGS AND PURPOSES.

39-7102. LEGISLATIVE FINDINGS AND PURPOSES. (1) The legislature of the state of Idaho finds: (a) That the state has a duty to protect the health, safety and welfare of the people of Idaho; (b) That the protection and preservation of Idaho’s environment promotes the health, safety and welfare of her people; (c) That the unexpected and uncontrolled releases or threat of releases of hazardous substances constitute a threat to the people and environment of Idaho; and (d) That knowledgeable persons, governmental entities and organizations should be encouraged to lend expert assistance in the event of a hazardous substance incident. (2) Therefore, it is hereby declared that the purposes of the provisions of this chapter are: (a) To facilitate emergency response planning and coordination at a state and local level; (b) To provide for the prompt response and containment of releases or threats of release of hazardous or potentially hazardous substances to include explosives and weapons of mass destruction; (c) To provide liability for emergency response costs associated with responding to hazardous substances incidents; (d) To encourage knowledgeable persons, governmental entities and organizations to lend assistance by providing them with limited immunity from civil liability; and (e) To provide a mechanism for recovery of costs incurred by the state and local governments in responding to emergency hazardous substance incidents to be used in lieu of, and not in addition to, cost recovery mechanisms or claims for relief provided by applicable federal laws. By enacting this chapter, it is the intent of the legislature that the state and local governments elect to proceed in state courts under the provisions of this chapter and other provisions of state law rather than in federal court under federal laws, where necessary to recover emergency response costs. There is no provision for cost recovery for a hazardous substance incident response occurring on private property where the owner responds to the incident with the approval of the incident commander.  History: [39-7102, added 1991, ch. 242, sec. 1, p. 583; am. 2009, ch. 281, sec. 1, p. 844.]
ID Code § 39-7105 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 71 - HAZARDOUS SUBSTANCE EMERGENCY RESPONSE ACT|Section 39-7105 - LOCAL EMERGENCY RESPONSE AUTHORITIES — DESIGNATION.

39-7105. LOCAL EMERGENCY RESPONSE AUTHORITIES — DESIGNATION. (1) It is the purpose of the provisions of this section to provide for the designation of local emergency response authorities for hazardous substance incidents. (2) Cities and counties shall designate the local emergency response authorities for hazardous substance incidents that occur within their respective jurisdictions. Cities and counties are encouraged to appoint a response authority whose members will become trained in hazardous substance incident response. (a) The governing body of every city shall designate by ordinance or resolution a local emergency response authority for hazardous substance incidents occurring within the corporate limits of such city. A city may designate the county as its emergency response authority and participate in the county plan for hazardous substance incident response, and shall notify the county of that designation in writing. (b) The board of county commissioners of every county in the state shall designate by ordinance or resolution a local emergency response authority for hazardous substance incidents occurring within the unincorporated area of such county. (c) The governing body of every city and every board of county commissioners shall notify the military division and Idaho emergency medical services communications center of its designated local emergency response authority. Such notification shall be in writing and shall occur as soon as practicable, and, in any event, no later than sixty (60) calendar days after this chapter becomes effective. Thereafter, any changes in such designations shall be communicated to the military division and Idaho emergency medical services communications center no later than ten (10) working days before such change becomes effective. (d) If no local emergency response authority having the ability to respond to a hazardous substance incident exists within a city or county or if such a political subdivision is unable to obtain the services of an emergency response authority by way of a mutual aid agreement, contract or otherwise, such city or county may petition the military division to designate an emergency response authority to respond to hazardous substance incidents within the petitioning political subdivision’s jurisdiction. The military division, in consultation with such political subdivision, may thereafter designate appropriate local emergency response authorities. (3) If a hazardous substance incident occurs in an area in which no local emergency response authority has been designated, or if the Idaho state police has been designated as the local emergency response authority, the Idaho state police shall be the local emergency response authority for such hazardous substance incident for the purposes of this section.  History: [39-7105, added 1991, ch. 242, sec. 1, p. 586; am. 1995, ch. 116, sec. 24, p. 404; am. 1997, ch. 121, sec. 3, p. 360; am. 2000, ch. 469, sec. 101, p. 1554.]
ID Code § 39-7106 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 71 - HAZARDOUS SUBSTANCE EMERGENCY RESPONSE ACT|Section 39-7106 - LOCAL EMERGENCY RESPONSE AUTHORITIES — POWERS AND DUTIES.

39-7106. LOCAL EMERGENCY RESPONSE AUTHORITIES — POWERS AND DUTIES. (1) Every local emergency response authority designated in or pursuant to this chapter will respond to a hazardous substance incident occurring within its jurisdiction in a fashion consistent with the Idaho hazardous materials emergency incident command and response plan except as provided in a private emergency response plan. The local emergency response authority will also respond to a hazardous substance incident which initially occurs within its jurisdiction but which spreads to another jurisdiction. If a hazardous substance incident occurs on a boundary between two (2) jurisdictions or in an area where the jurisdiction is not readily ascertainable, the first local emergency response authority to arrive at the scene of the incident will perform the initial emergency response. (2) The incident commander shall declare the hazardous substance incident ended when the threat to public health and safety has ended and the threat to the environment has been minimized. (3) Mutual aid agreements or contracts are encouraged among governmental entities, private parties, local emergency response authorities and the military division in order to safely respond to hazardous substance incidents. Further, mutual aid agreements are encouraged among governmental entities, local emergency response authorities and the military division with other similar entities in other states and Canada in order to ensure appropriate response to hazardous substance incidents. (4) Any local emergency response authority designated in or pursuant to the provisions of section 39-7105, Idaho Code, may request the military division to provide assistance consistent with the Idaho hazardous materials emergency incident command and response plan.  History: [39-7106, added 1991, ch. 242, sec. 1, p. 587; am. 1997, ch. 121, sec. 4, p. 361.]
ID Code § 39-7107 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 71 - HAZARDOUS SUBSTANCE EMERGENCY RESPONSE ACT|Section 39-7107 - STATE DISASTER PREPAREDNESS ACT CONTROLS DISASTER EMERGENCIES, EXCEPT FOR THE LIABILITY OF RESPONSIBLE PERSONS.

39-7107. STATE DISASTER PREPAREDNESS ACT CONTROLS DISASTER EMERGENCIES, EXCEPT FOR THE LIABILITY OF RESPONSIBLE PERSONS. In the event a disaster emergency or local disaster emergency is declared by proper authority as defined and set forth in chapter 10, title 46, Idaho Code, as a result of a hazardous substance incident, the provisions of chapter 10, title 46, Idaho Code, shall govern, except that the provisions of section 39-7109, Idaho Code, shall govern reimbursement of emergency response costs and the provisions of sections 39-7111 and 39-7112, Idaho Code, shall govern the liability of and cost recovery against persons responsible for hazardous substance incidents resulting in disaster emergencies in any case.  History: [39-7107, added 1991, ch. 242, sec. 1, p. 588.]
ID Code § 39-7108 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 71 - HAZARDOUS SUBSTANCE EMERGENCY RESPONSE ACT|Section 39-7108 - NOTIFICATION OF RELEASE IS REQUIRED.

39-7108. NOTIFICATION OF RELEASE IS REQUIRED. (1) Any person who has responsibility for reporting a release under the federal comprehensive environmental response, compensation and liability act (CERCLA), 42 U.S.C. 9603, shall, as soon as practicable after he has knowledge of any such reportable release other than a permitted release or as exempted in section 39-7108(3), Idaho Code, notify the military division of such release. (2) Any person who has responsibility for reporting a release under the federal emergency planning and community right-to-know act, 42 U.S.C. 11001 et seq., shall as soon as practicable after he has knowledge of any such reportable release other than a permitted release notify the military division of such release. (3) Any facility having a release reportable under section 39-7108(1), Idaho Code, shall not be required to report the release to the military division if the following circumstances are met: (a) Such release is not reportable under subsection (2) of section 39-7108, Idaho Code. (b) The facility has an approved private emergency response plan that details how such spills shall be responded to and reported. This provision does not relieve the facility from any reporting required under other federal statutory, regulatory or other permit authorities. (4) The military division shall immediately notify the department of environmental quality of any release reported to the military division. Such reporting to the military division shall fulfill all state reporting requirements for the department of environmental quality. (5) Any person who does not notify the military division in accordance with the provisions of section 39-7108, Idaho Code, shall be liable for a civil penalty of a sum not to exceed one thousand dollars ($1,000) for each day the violation continues to a maximum of twenty-five thousand dollars ($25,000). (6) No penalty pursuant to this section shall occur if an incident occurs on private property and results in no offsite environmental damage.  History: [39-7108, added 1991, ch. 242, sec. 1, p. 588; am. 1997, ch. 121, sec. 5, p. 362; am. 2001, ch. 103, sec. 64, p. 302.]
ID Code § 39-7109 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 71 - HAZARDOUS SUBSTANCE EMERGENCY RESPONSE ACT|Section 39-7109 - RIGHT TO CLAIM REIMBURSEMENT.

39-7109. RIGHT TO CLAIM REIMBURSEMENT. (1) State emergency response teams and local emergency response authorities may submit claims to the military division for reimbursement of the following documented costs incurred as a result of their response to a hazardous substance incident: (a) Disposable materials and supplies acquired, consumed and expended specifically for the purpose of the response; (b) Compensation of employees for the time and efforts devoted specifically to the response that are not otherwise provided for in the applicant’s operating budget, (e.g., overtime pay for permanent full-time and other than full-time employees, recalled personnel or responding when out of jurisdiction); (c) Rental or leasing of equipment used specifically for the response (e.g., protective equipment or clothing, scientific and technical equipment); (d) Replacement costs for equipment owned by the applicant that is contaminated beyond reuse or repair, if the applicant can demonstrate that the equipment was a total loss and that the loss occurred as a result of the response (e.g., self-contained breathing apparatus irretrievably contaminated during the response); (e) Decontamination of equipment contaminated during the response; (f) Special technical services specifically required for the response (e.g., costs associated with the time and efforts of local and state personnel to recover the costs of response and of technical experts/specialists not otherwise provided for by the local government); (g) Medical monitoring or treatment of response personnel; (h) Laboratory costs for purposes of analyzing samples taken during the response; and (i) Disposal costs. Such costs may be reimbursed as provided in this chapter. Reimbursement for the costs identified in paragraphs (a) through (c) of this subsection will not exceed the duration of the response. (2) A private person, who is not a part of the state emergency response team or a local emergency response authority and is not liable under section 39-7111, Idaho Code, may submit a claim to the military division for costs identified in section 39-7109, Idaho Code, if their response was requested by the incident commander. (3) Claims for reimbursement shall be submitted to the military division within sixty (60) days after termination of the hazardous substance incident for the state’s determination of payment, if any. (4) Reimbursements shall only be paid after the military division finds that the actions by the state emergency response team or the local emergency response authority were taken in response to a hazardous substance incident as defined in this chapter. (5) The state of Idaho shall be subrogated to the rights of any such person so reimbursed to the extent of such reimbursement.  History: [39-7109, added 1991, ch. 242, sec. 1, p. 589; am. 1997, ch. 121, sec. 6, p. 362; am. 2009, ch. 281, sec. 4, p. 847.]
ID Code § 39-7110 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 71 - HAZARDOUS SUBSTANCE EMERGENCY RESPONSE ACT|Section 39-7110 - DEFICIENCY WARRANTS FOR REIMBURSEMENT OF RESPONSE COSTS.

39-7110. DEFICIENCY WARRANTS FOR REIMBURSEMENT OF RESPONSE COSTS. (1) The military division shall review all claims for reimbursement and make recommendations as to payment or nonpayment of the claims to the board of examiners within one hundred twenty (120) days after termination of the hazardous substance incident. The board of examiners may authorize the issuance of deficiency warrants for the purpose of reimbursing reasonable and documented costs associated with emergency response actions taken pursuant to this chapter. The costs associated with routine firefighting procedures shall not be reimbursable costs under this chapter. (2) Deficiency warrants authorized by the board of examiners shall not exceed the sum of one hundred thousand dollars ($100,000) for reimbursement of all claims made as a result of a single hazardous substance incident. In the event all claims for reimbursement for a single hazardous substance incident exceed the sum of one hundred thousand dollars ($100,000), the board of examiners shall determine an appropriate and equitable basis of payment of reimbursements. (3) Upon authorization of deficiency warrants by the board of examiners in accordance with the provisions of this section, the state controller shall draw deficiency warrants in the authorized amounts against the general fund. (4) Nothing contained in this section shall be construed to change or impair any right of recovery or subrogation arising under any other provisions of law.  History: [39-7110, added 1991, ch. 242, sec. 1, p. 589; am. 1994, ch. 180, sec. 75, p. 476; am. 1997, ch. 121, sec. 7, p. 363; am. 2003, ch. 32, sec. 21, p. 129.]
ID Code § 39-7111 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 71 - HAZARDOUS SUBSTANCE EMERGENCY RESPONSE ACT|Section 39-7111 - LIABILITY FOR RELEASE OF A HAZARDOUS SUBSTANCE.

39-7111. LIABILITY FOR RELEASE OF A HAZARDOUS SUBSTANCE. (1) Any person who owns, controls, transports, or causes the release or threat of release of a substance which is involved in a hazardous substance incident shall be strictly liable for the costs arising out of a hazardous substance incident, identified in section 39-7112, Idaho Code. There shall be no liability under this chapter for a person otherwise liable who can establish by a preponderance of the evidence that: (a) The hazardous substance incident was caused solely by: (i) An act of God; (ii) An act of war; (iii) An act or omission of a third party, other than an employee or agent of the potentially liable person if: 1. The potentially liable person exercised reasonable care with respect to the substance involved, taking into consideration the characteristics of the substance in light of all relevant facts and circumstances; and 2. The potentially liable person took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions; or (iv) Application of a pesticide product or fertilizer registered under the federal insecticide, fungicide, and rodenticide act, 7 U.S.C. section 136, et seq., according to label requirements; or (b) The substance was not a hazardous substance and the person otherwise liable acted reasonably under the circumstances.  History: [39-7111, added 1991, ch. 242, sec. 1, p. 590; am. 2009, ch. 281, sec. 5, p. 848.]