reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 67 - REGIONAL AIR QUALITY COUNCIL ACT › Section 39-6706 - DECLARATION OF POLICIES AND PURPOSES.

39-6706. DECLARATION OF POLICIES AND PURPOSES. Any regional air quality council established pursuant to this chapter shall develop and implement an air quality plan in accordance with the environmental protection and health act, sections 39-101 through 39-130, Idaho Code, that includes:
(1) The compilation of all historical data on air quality studies in the specified regional area;
(2) An assessment of present and projected emissions related to the specified regional area;
(3) The completion of a comprehensive, scientifically based study of air quality in the specified regional area;
(4) A description of actions to be taken by governmental agencies and nongovernmental entities to protect, preserve and, when necessary, improve the air quality in the specified regional area; and
(5) The submittal of an air quality management plan to the legislature that may reject the plan in whole or in part pursuant to a concurrent resolution. Any regional air quality council established pursuant to this chapter shall assist and coordinate the implementation of the accepted plan with federal, state, and local authorities for seven (7) years after acceptance, after which any regional air quality council and its committees shall disband.
History:
[39-6706, added 2005, ch. 206, sec. 1, p. 618; am. 2022, ch. 110, sec. 9, p. 367.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 67 - REGIONAL AIR QUALITY COUNCIL ACT › Section 39-6708 - MEMBERSHIP OF A REGIONAL AIR QUALITY COUNCIL.

39-6708. MEMBERSHIP OF A REGIONAL AIR QUALITY COUNCIL. (1) A council shall consist of fourteen (14) members appointed by the governor. The governor shall appoint two (2) members from each of the following categories: two (2) members who are county commissioners within the specified regional area; two (2) members who are at the time of appointment, elected members of a city government in the specified regional area; two (2) members who represent agricultural interests in the specified regional area; two (2) members who represent commercial interests in the specified regional area; two (2) members from industries located in the specified regional area; two (2) members from recognized Idaho environmental organizations; and two (2) members at large who are full-time residents of the specified regional area.
(2) The terms of the members shall be three (3) years with the initial term to be staggered in terms of one (1), two (2), and three (3) years by the governor when he makes the original appointments.
(3) The governor shall designate one (1) member to serve as chair of the council.
(4) Vacancies shall be filled by appointment of the governor.
(5) All members of a council shall maintain their primary residence in the specified regional area during the term of the member’s appointment.
History:
[39-6708, added 2005, ch. 206, sec. 1, p. 618.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 67 - REGIONAL AIR QUALITY COUNCIL ACT › Section 39-6710 - QUORUM — PROCEDURES.

39-6710. QUORUM — PROCEDURES. (1) A majority of the members of a regional council shall constitute a quorum for the transaction of business. A majority vote of the members present shall be required to take action with respect to any matter.
(2) A regional council may adopt its own operating rules and procedures, which shall be made available to the public.
History:
[39-6710, added 2005, ch. 206, sec. 1, p. 619; am. 2022, ch. 110, sec. 12, p. 367.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 67 - REGIONAL AIR QUALITY COUNCIL ACT › Section 39-6714 - AIR QUALITY PLAN OF A REGIONAL AIR QUALITY COUNCIL.

39-6714. AIR QUALITY PLAN OF A REGIONAL AIR QUALITY COUNCIL. (1) A regional air quality council shall develop and accept the study within one (1) year after establishment of the council. It shall make the study available to all appropriate and interested local, state and federal agencies and to any interested persons. For a period of ninety (90) days after dissemination, any interested agency or person may submit written suggestions, comments or proposals for the plan, or recommendations to the council.
(2) The council shall thereafter prepare a final regional air quality plan which shall be completed within one hundred eighty (180) days after dissemination of the study.
(3) The council shall identify present and future air issues in the specified regional area.
(4) Once completed, the council shall provide copies of its plan to all agencies and persons who have indicated an interest in the study. The council shall thereupon provide for one (1) or more public hearings upon its plan and recommendations with notice given as provided in chapter 52, title 67, Idaho Code.
(5) After receiving the information obtained at the public hearing, the council shall make such changes and revisions as it deems necessary and within thirty (30) days after such public hearing, but in no event later than the next regular session of the Idaho legislature, the council shall submit the plan to the legislature.
(6) The legislature shall, within the next regular session during or after which it receives the plan, accept, reject or modify the plan by concurrent resolution.
(7) Thereafter, the council shall assist in the adoption and enforcement of the provisions of the plan. Before its dissolution, the council shall also assist these local, state and federal agencies to establish an ongoing, joint-agency oversight responsibility for the plan.
History:
[39-6714, added 2005, ch. 206, sec. 1, p. 621.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 67 - REGIONAL AIR QUALITY COUNCIL ACT › Section 39-6715 - IMPLEMENTATION OF A REGIONAL AIR QUALITY PLAN.

39-6715. IMPLEMENTATION OF A REGIONAL AIR QUALITY PLAN. To the greatest extent practicable, all Idaho state and local government agencies shall incorporate and implement the plan and its recommendations. In circumstances where any state or local government agency chooses not to implement any element of the plan, any such agency shall provide to the council a written explanation of its failure to implement that portion of the plan.
History:
[39-6715, added 2005, ch. 206, sec. 1, p. 621.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 67 - REGIONAL AIR QUALITY COUNCIL ACT › Section 39-6716 - REGIONAL FUND.

39-6716. REGIONAL FUND. There is hereby created in the state treasury a dedicated fund known as the "Regional Air Quality Trust Fund" which shall be referred to as the regional fund. Moneys in the regional fund may come from grants, gifts, donations, use fees or such other sources as may be authorized by the legislature. Moneys in the fund shall be used exclusively for the purpose of fulfillment of the statutorily-required duties of a regional air quality council. Moneys in the fund may only be expended as authorized by a resolution duly adopted by a majority of a council.
History:
[39-6716, added 2005, ch. 206, sec. 1, p. 621.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 67 - REGIONAL AIR QUALITY COUNCIL ACT › Section 39-6717 - SAVINGS CLAUSE.

39-6717. SAVINGS CLAUSE. Nothing in this chapter shall alter or affect the provisions of section 39-114, Idaho Code, on the open burning of crop residue.
History:
[39-6717, added 2005, ch. 206, sec. 1, p. 622; am. 2008, ch. 71, sec. 5, p. 191.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 68 - INSTITUTIONAL CONTROLS PROGRAM FOR THE BUNKER HILL MINING AND METALLURGICAL COMPLEX SUPERFUND FACILITY › Section 39-6801 - SHORT TITLE.

39-6801. SHORT TITLE. This chapter shall be known and may be cited as the "Institutional Controls Program for the Bunker Hill Mining and Metallurgical Complex Superfund Facility Act."
History:
[39-6801, added 2023, ch. 73, sec. 1, p. 241.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 68 - INSTITUTIONAL CONTROLS PROGRAM FOR THE BUNKER HILL MINING AND METALLURGICAL COMPLEX SUPERFUND FACILITY › Section 39-6802 - ESTABLISHMENT OF INSTITUTIONAL CONTROLS PROGRAM.

39-6802. ESTABLISHMENT OF INSTITUTIONAL CONTROLS PROGRAM. In accordance with the comprehensive environmental response, compensation, and liability act of 1980 (CERCLA), 42 U.S.C. 9605, as amended by the superfund amendments and reauthorization act of 1986 (SARA), P.L. 99-499, and, to the extent practicable, the national oil and hazardous substances pollution contingency plan, 40 CFR 300, the remedial actions for the Bunker Hill superfund site are selected and documented in decision documents referred to as a record of decision (ROD) and the body of documents referred to as the administrative record. The institutional controls program (ICP) was established under the residential soils/populated areas August 30, 1991, ROD as a component of the human health remedy to maintain protective barriers to underlying contamination. As the Bunker Hill superfund site expanded, this area was referred to as operable unit (OU)-1. The ICP was incorporated into the non-populated areas for OU-2 in the September 22, 1992, ROD to focus on areas of future development, and OU-3 in the September 12, 2002, interim ROD for residential and community areas outside of OU-1 and OU-2. Institutional controls administrative area maps showing the geographic boundaries for the ICP are available to the public on the internet or through the department upon request.
History:
[39-6802, added 2023, ch. 73, sec. 1, p. 241.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 68 - INSTITUTIONAL CONTROLS PROGRAM FOR THE BUNKER HILL MINING AND METALLURGICAL COMPLEX SUPERFUND FACILITY › Section 39-6807 - INCONSISTENT LAWS — THIS CHAPTER CONTROLS.

39-6807. INCONSISTENT LAWS — THIS CHAPTER CONTROLS. If any provision of this chapter is inconsistent with the provisions of any other law, general, specific, or local, the provisions of this chapter control.
History:
[39-6807, added 2023, ch. 73, sec. 1, p. 249.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 70 - SALE AND DISPOSAL OF BATTERIES › Section 39-7001 - DEFINITION OF LEAD ACID BATTERY.

39-7001. DEFINITION OF LEAD ACID BATTERY. For the purpose of this chapter, "lead acid battery" means a battery with a core of elemental lead and a capacity of six (6) or more volts which is suitable for use in farm equipment, construction equipment, a motor vehicle or a boat. Batteries only suitable for motor cycles, off-road recreation vehicles or lawn and garden equipment are exempt from the fees in this chapter.
History:
[39-7001, added 1991, ch. 292, sec. 1, p. 752.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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 the Idaho directorate of civil air patrol. The mission of the directorate shall be to provide support for and facilitate the operation of the Idaho wing of civil air patrol, 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 and its citizens by the Idaho wing of civil air patrol, the military division shall provide in-kind services or direct financial support to the Idaho wing of civil air patrol, in the form of land use, hangar facilities, mess and billeting facilities, office space, travel, and participation fees for attendance at educational and training opportunities sponsored by civil air patrol, and other entities when deemed necessary and when such facilities are available. The military division shall administer any moneys that may be appropriated from time to time for the benefit of the Idaho wing of civil air patrol, by promptly transferring said moneys to the Idaho wing of civil air patrol, by a grant or similar means in an amount not less than the moneys appropriated. The military division may specify such reporting requirements as it deems appropriate, and the Idaho wing of civil air patrol shall make available to the military division its financial records accounting for usage of any appropriated moneys.
(3) Any operational or training missions assigned to the Idaho wing of civil air patrol by the Idaho office of emergency management and accepted for execution by the Idaho wing of civil air patrol shall be governed by a separate memorandum of understanding that shall be executed from time to time between the Idaho office of emergency management and civil air patrol. Any reimbursement to the Idaho wing of civil air patrol of mission expenses specified by that memorandum of understanding shall be in addition to any appropriated moneys described in this section and shall be paid from moneys otherwise available to the Idaho office of emergency management.
History:
[39-7114A, added 2012, ch. 313, sec. 1, p. 862; am. 2016, ch. 118, sec. 5, p. 334; am. 2022, ch. 154, sec. 1, p. 537.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]