reglab/housing_qa huggingface dataset:
ID Code § 39-7112 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 71 - HAZARDOUS SUBSTANCE EMERGENCY RESPONSE ACT|Section 39-7112 - COST RECOVERY AND CIVIL REMEDIES.

39-7112. COST RECOVERY AND CIVIL REMEDIES. (1) The military division shall be responsible for recovering those costs incurred by the state arising out of a hazardous substance incident identified in section 39-7109, Idaho Code, and other costs including processing the documented costs submitted by response agencies, attorney’s fees, investigation costs, prelitigation and litigation costs. (2) In deciding whether to commence a cost recovery action, and against whom a cost recovery action will be filed, the military division in exercising its prosecutorial discretion will take into consideration the cause of the incident, the total amount of cost incurred in responding to the incident, the avoidability of the incident and such other factors as the military division deems appropriate. (3) The remedy for the recovery of those emergency response costs identified in section 39-7109, Idaho Code, provided by this chapter shall be exclusive and shall not be used in conjunction with or in addition to any other remedy for recovery of such costs provided by applicable federal laws. Any person who receives compensation for the emergency response costs pursuant to any other federal or state law shall be precluded from recovering compensation for such costs pursuant to this chapter. Nothing in this chapter shall otherwise affect or modify in any way the obligations or liability of any person under any other provision of state or federal law, including common law, for damages, injury or loss resulting from the release of any hazardous substance or potentially hazardous substance or for remedial action or the cost of remedial action for such release. (4) It shall be the duty of the attorney general to commence any civil action brought by the military division pursuant to this chapter. At the request of a political subdivision of the state or a local governmental entity who has responded to or contained a hazardous substance incident, the attorney general may commence a civil action on their behalf pursuant to this chapter. (5) Any person who renders assistance at the request of the incident commander or his authorized designee in response to a hazardous substance incident may file a civil action under the provisions of this chapter for recoverable costs which have not been reimbursed by the state. (6) There is hereby created in the state treasury the hazardous substance emergency response fund. Recoveries by the state for reimbursed costs shall be deposited in said fund to offset amounts paid as reimbursement.  History: [39-7112, added 1991, ch. 242, sec. 1, p. 590; am. 1997, ch. 121, sec. 8, p. 364; am. 2004, ch. 181, sec. 1, p. 568; am. 2009, ch. 281, sec. 6, p. 848.]
ID Code § 39-7113 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 71 - HAZARDOUS SUBSTANCE EMERGENCY RESPONSE ACT|Section 39-7113 - PERSONS RENDERING ASSISTANCE RELATING TO HAZARDOUS SUBSTANCE INCIDENTS — GOOD SAMARITAN LIMITED IMMUNITY.

39-7113. PERSONS RENDERING ASSISTANCE RELATING TO HAZARDOUS SUBSTANCE INCIDENTS — GOOD SAMARITAN LIMITED IMMUNITY. (1) Consistent with the provisions of subsections (2) and (3) of this section: (a) The state shall be liable for the acts or omissions of the state emergency response teams responding to a hazardous substance incident. (b) The designating or requesting city or county shall be liable for the acts or omissions of a local emergency response authority responding to a hazardous substance incident within its jurisdiction. (2) Notwithstanding any provision of law to the contrary, any state emergency response team, local emergency response authority or other person who responds to a hazardous substance incident at the request of an incident commander shall not be subject to civil liability for assistance or advice, except as provided in subsection (3) of this section. (3) The exemption from civil liability provided in this section shall not apply to: (a) An act or omission that caused in whole or in part such hazardous substance incident or a person who may otherwise be liable therefor; or (b) Any person who has acted in a grossly negligent, reckless, or intentional manner. (4) Nothing in this section shall be construed to abrogate or limit the immunity granted to governmental entities pursuant to chapter 9, title 6, Idaho Code.  History: [39-7113, added 1991, ch. 242, sec. 1, p. 591.]
ID Code § 39-7114 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 71 - HAZARDOUS SUBSTANCE EMERGENCY RESPONSE ACT|Section 39-7114 - PRIVATE EMERGENCY RESPONSE PLAN APPROVAL.

39-7114. PRIVATE EMERGENCY RESPONSE PLAN APPROVAL. Private emergency response plans may be prepared for any facility or specific set of conditions. A private emergency response plan must be approved by the local emergency response authority or the military division unless the plan: (1) Is a contingency plan that has been approved in the issuance of a final part B operating permit, in accordance with section 39-4401, Idaho Code, by the Idaho department of environmental quality; (2) Is a contingency plan prepared in accordance with the requirements of rules promulgated pursuant to section 39-4401, Idaho Code, by the Idaho department of environmental quality; (3) Has otherwise been approved by the military division or department of environmental quality. Private emergency response plans must be submitted, for file purposes, to the local emergency response authorities and the military division to qualify as a private emergency response plan under this section.  History: [39-7114, added 1991, ch. 242, sec. 1, p. 592; am. 1997, ch. 121, sec. 9, p. 365; am. 2001, ch. 103, sec. 65, p. 302.]
ID Code § 39-7114A (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 71 - HAZARDOUS SUBSTANCE EMERGENCY RESPONSE ACT|Section 39-7114A - CIVIL AIR PATROL.

39-7114A. CIVIL AIR PATROL. (1) There is hereby established within the military division and the Idaho office of emergency management the Idaho directorate of civil air patrol. The mission of the directorate shall be to provide support for and facilitate the operation of the civil air patrol, Idaho wing, which shall be under the command and control of the duly appointed commanding officer of such wing. (2) In consideration for services rendered to the state of Idaho by the directorate of civil air patrol, Idaho wing, the military division shall provide in-kind services to the directorate in the form of land use, hangar facilities, mess and billeting facilities, office space and other entities when deemed necessary and when such facilities are available.  History: [39-7114A, added 2012, ch. 313, sec. 1, p. 862; am. 2016, ch. 118, sec. 5, p. 334.]
ID Code § 39-7115 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 71 - HAZARDOUS SUBSTANCE EMERGENCY RESPONSE ACT|Section 39-7115 - SEVERABILITY.

39-7115. SEVERABILITY. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this act.  History: [39-7115, added 1991, ch. 242, sec. 1, p. 592.]
ID Code § 39-7201 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 72 - IDAHO LAND REMEDIATION ACT|Section 39-7201 - SHORT TITLE.

39-7201. SHORT TITLE. This chapter may be known and cited as the "Idaho Land Remediation Act."  History: [39-7201, added 1996, ch. 252, sec. 1, p. 796.]
ID Code § 39-7202 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 72 - IDAHO LAND REMEDIATION ACT|Section 39-7202 - LEGISLATIVE FINDINGS.

39-7202. LEGISLATIVE FINDINGS. The legislature hereby finds and declares: (1) That it is the policy of the state of Idaho to provide for the protection of the public health, welfare, safety, and environment; and to foster the remediation, transfer, reuse, or redevelopment of sites or groups of sites based on the risk to human health and the environment where releases or threatened release of hazardous substances or petroleum exists. The minimization of risk to public health and the environment on a commercial and industrial site offers significant potential economic benefit to local communities and is vital to their use and reuse as sources of employment, housing, recreation and open-space areas. (2) That establishing a voluntary program for the remediation of hazardous substance or petroleum contaminated sites will encourage innovation and cooperation between the state, local communities, and interested persons and will promote the economic revitalization of property. It is intended that this program will provide for an expedited remediation process by eliminating the need for many adversarial enforcement actions and delays in remediation plan approvals. (3) That providing financial assistance to eligible property owners who conduct voluntary cleanups will promote the economic revitalization of property, particularly in rural communities, and will reduce or eliminate the need for many adversarial enforcement actions and delays in remediation plan approvals.  History: [39-7202, added 1996, ch. 252, sec. 1, p. 796; am. 2006, ch. 308, sec. 1, p. 947.]
ID Code § 39-7204 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 72 - IDAHO LAND REMEDIATION ACT|Section 39-7204 - PARTICIPATION.

39-7204. PARTICIPATION. (1) To participate in the remediation program a person must submit an application to the department as described under subsection (2) of this section. (2) An application submitted under this section must meet the following conditions: (a) Contain the following general information concerning: (i) the person, (ii) the site, and (iii) other background information as requested by the department; (b) An environmental assessment that conforms to ASTM Standard Practice E 1527, as amended, or equivalent. (3) Not more than thirty (30) days after receiving an application under subsection (2) of this section, the department shall determine if the person is eligible to participate in the remediation program under this chapter. (4) The department may reject an application submitted under subsection (2) of this section for any of the following reasons: (a) Remediation is required pursuant to sections 39-101 through 39-129, sections 39-4401 through 39-4432, or sections 39-7401 through 39-7420, Idaho Code, or rules promulgated thereunder, or other applicable statutory or common law; or (b) The condition of the hazardous substance or petroleum described in the application constitutes an imminent and substantial threat to human health or the environment; or (c) The application is not complete. (5) If the application is rejected under subsection (4)(c) of this section, the department shall provide the person with a list of all information needed to make the application complete. If the department fails to comply with this subsection, the application shall be considered completed for the purposes of this chapter. (6) If the department rejects an application, the department shall do the following: (a) Notify the person that the department rejected the application; (b) Explain the reason the department rejected the application.  History: [39-7204, added 1996, ch. 252, sec. 1, p. 797.]
ID Code § 39-7205 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 72 - IDAHO LAND REMEDIATION ACT|Section 39-7205 - WORK PLANS.

39-7205. WORK PLANS. (1) If the department determines an application is eligible under this chapter, the person may submit a proposed voluntary remediation work plan to the department. Before the department evaluates a proposed voluntary remediation work plan, the person who submitted the work plan and the department must enter into a voluntary remediation agreement that sets forth the terms and conditions of the evaluation and the implementation of the work plan. (a) A voluntary remediation agreement must include the following: (i) An estimation of costs the department may incur under this chapter; (ii) A payment schedule of all reasonable costs estimated to be incurred by the department in the review and oversight of the work plan; (iii) A provision for the department’s oversight including access to site and pertinent site records; (iv) A timetable for the department to do the following: 1. Reasonably review and evaluate the adequacy of the work plan; or 2. Make a determination concerning the approval or rejection of the work plan; (v) A provision to modify the voluntary remediation agreement and voluntary remediation work plan based upon unanticipated site conditions; (vi) Any other conditions considered necessary by the department or the person concerning the effective and efficient implementation of this chapter. (b) A proposed voluntary remediation work plan must include a proposed statement of work and schedule to accomplish the remediation in accordance with rules established by the board. Any institutional control proposed as part of a work plan that requires activity and/or use limitations shall comply with the uniform environmental covenants act, chapter 30, title 55, Idaho Code. (2) If a voluntary remediation agreement is not reached between a person and the department within a reasonable time after good faith negotiations have begun, the person or the department may withdraw from the negotiations.  History: [39-7205, added 1996, ch. 252, sec. 1, p. 798; am. 2010, ch. 99, sec. 1, p. 191.]
ID Code § 39-7207 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 72 - IDAHO LAND REMEDIATION ACT|Section 39-7207 - COVENANT NOT TO SUE.

39-7207. COVENANT NOT TO SUE. (1) If the department determines that a person has successfully completed a voluntary remediation work plan approved under this chapter, the department shall certify that the work plan has been successfully implemented or satisfied by issuing the person a certificate of completion. The issuance of a certificate of completion under this section is a final agency action for purposes of this chapter. (2) A person who receives a certificate of completion under this section shall record a copy of the certificate of completion with the deed for the site on which the remediation took place. (3) If the department determines that the person has not successfully implemented a voluntary remediation work plan approved under this chapter, the department shall notify the person of this determination under this chapter. (4) If the department issues a certificate of completion to a person under this chapter, the department, upon request, shall also negotiate and provide the person a covenant not to sue for any claim for environmental remediation under state law resulting from or based upon the release or threatened release of a hazardous substance or petroleum that is the subject of the approved voluntary remediation work plan successfully implemented under this chapter. The covenant not to sue shall extend to any current or future owner or operator of the site or portion thereof who did not cause, aggravate, or contribute to the release or threatened release. (5) A covenant not to sue issued under this section shall not apply to claims for a condition or the extent of a condition that: (a) Was present on the site involved in an approved and implemented voluntary remediation work plan; and (b) Was not known to the department at the time the department issued the certificate of completion under this chapter. (6) Except as provided under federal law or agreed to by a federal governmental entity, a covenant not to sue issued under this section shall not release a person from liability to the federal government for claims based on federal law. (7) During the implementation of an approved voluntary remediation work plan, the department shall not bring an action, including an administrative or judicial action for any liability for remediation relating to the release or threatened release of a hazardous substance or petroleum that is the subject of the voluntary remediation work plan, against a person who entered into a voluntary remediation agreement and who is implementing the voluntary remediation work plan in accordance with such agreement implementing the voluntary remediation work plan.  History: [39-7207, added 1996, ch. 252, sec. 1, p. 799.]
ID Code § 39-7208 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 72 - IDAHO LAND REMEDIATION ACT|Section 39-7208 - RECISION.

39-7208. RECISION. (1) This chapter does not prohibit or limit the department’s recision of the voluntary remediation agreement or the covenant not to sue at any time if: (a) The person implementing the work plan fails substantially to comply with the terms and conditions of: (i) a voluntary remediation agreement, or (ii) covenant not to sue; (b) A hazardous substance or petroleum release becomes an imminent and substantial threat to human health or the environment. (2) The department shall also notify the county in which the said site exists of recision of the covenant not to sue for the purposes of determining property exemptions provided under section 63-602BB, Idaho Code.  History: [39-7208, added 1996, ch. 252, sec. 1, p. 800; am. 1997, ch. 117, sec. 41, p. 339.]
ID Code § 39-7209 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 72 - IDAHO LAND REMEDIATION ACT|Section 39-7209 - LENDER LIABILITY.

39-7209. LENDER LIABILITY. Pursuant to rules adopted by the board, a person who maintains indicia of ownership primarily to protect a security interest in a site, and who does not participate in the management of the site, shall not be considered an owner or operator of that site, nor liable under any pollution control or other environmental protection law, rule or regulation, or otherwise responsible for any environmental contamination or response activity costs consistent with United States environmental protection agency policy, 60 Federal Register 63517, dated December 11, 1995, as amended. This section shall apply to all indicia of ownership existing at the time of passage of this chapter and those arising thereafter.  History: [39-7209, added 1996, ch. 252, sec. 1, p. 800.]
ID Code § 39-7210 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 72 - IDAHO LAND REMEDIATION ACT|Section 39-7210 - RULES.

39-7210. RULES. Within one (1) year after the effective date of this section, the board shall, through negotiated rulemaking, adopt rules to carry out the purposes of this provision consistent with federal and state law which shall provide for the following: (1) The establishment of methodologies to determine site-specific risk-based remediation standards, which shall be no more stringent than applicable or appropriate relevant federal and state standards and are consistent with 42 U.S.C. 9621, taking into consideration scientific information regarding the following: (a) protection of public health and the environment, (b) the future industrial, commercial, residential, or other use of the site to be remediated and of surrounding properties, (c) the availability of institutional or engineering controls that are protective of public health and the environment, including deed restrictions, and (d) natural background levels for hazardous constituents; (2) The establishment of administrative procedures that minimize delay and expense of the remediation, processing submissions and overseeing remediation; (3) The issuance of certificates of completion once the voluntary remediation work plans is [are] implemented; (4) Consistent with applicable local, state and federal law, guidelines to assist in the issuance of any permits required to initiate and complete a voluntary remediation work plan; (5) Collection and payment of fees to defray the actual reasonable costs of the voluntary remediation program.[;] (6) Lender liability consistent with United States environmental protection agency policy, 60 Federal Register 63517, dated December 11, 1995, as amended.  History: [39-7210, added 1996, ch. 252, sec. 1, p. 801.]
ID Code § 39-7402 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 74 - IDAHO SOLID WASTE FACILITIES ACT|Section 39-7402 - APPLICABILITY.

39-7402. APPLICABILITY. (1) The standards and procedures set forth in this chapter apply to owners and operators of new municipal solid waste landfill (MSWLF) units, existing MSWLF units, and lateral expansions of existing MSWLF units, except as otherwise specifically provided. (2) The requirements of this chapter do not apply to MSWLF units that ceased to accept waste on or prior to October 9, 1991. (3) MSWLF units that receive waste after October 9, 1991, but stop receiving waste in conformance with the provisions of 40 CFR 258.1(d), are exempt from the requirements of this chapter, except as expressly provided herein. (4) All MSWLF units that receive waste on or after October 9, 1993, must comply with all of the requirements of this chapter, unless otherwise allowed in 40 CFR 258.1(d), (e) or (f). (5) MSWLF units failing to satisfy these standards shall cease operation and shall not accept municipal solid waste for disposal by order of the department of environmental quality and/or the district health department until provisions of this chapter are complied with unless a compliance schedule has been approved by the director of the department of environmental quality and/or the district health department. (6) MSWLF units failing to satisfy the requirements set forth in this chapter are considered open dumps for purposes of state solid waste management planning and are prohibited under section 4005 of RCRA. (7) MSWLF units containing sewage sludge and which fail to satisfy the criteria set forth in 40 CFR 258 violate sections 309 and 405(e) of the clean water act.  History: [39-7402, added 1992, ch. 331, sec. 1, p. 974; am. 1993, ch. 139, sec. 2, p. 344; am. 1994, ch. 75, sec. 2, p. 160; am. 2001, ch. 103, sec. 68, p. 304.]
ID Code § 39-7402A (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 74 - IDAHO SOLID WASTE FACILITIES ACT|Section 39-7402A - EXCLUDED FACILITIES.

39-7402A. EXCLUDED FACILITIES. This chapter shall not apply to any facility subject to the provisions of subtitle C of RCRA, the hazardous waste management act of 1983, as amended (section 39-4401, et seq., Idaho Code) or the state hazardous waste facility siting act, as amended (section 39-5801, et seq., Idaho Code).  History: [(39-7402A) 1992, ch. 292, sec. 2, p. 892; am. and redesig. 1993, ch. 139, sec. 3, p. 345.]