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.]
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 […]
Section 39-7103 – DEFINITIONS.
39-7103. DEFINITIONS. As used in this chapter: (1) "Emergency" means a release or threat of release that, in the reasonable judgment of the local emergency response authority in consultation with the office, threatens immediate harm to the environment or the health and safety of any individual and that requires immediate action for the containment or […]
Section 39-7104 – MILITARY DIVISION — POWERS AND DUTIES.
39-7104. MILITARY DIVISION — POWERS AND DUTIES. (1) The military division through the Idaho office of emergency management shall implement the provisions of this chapter and direct the activities of its staff and, in so doing, the military division may: (a) Through the office, in accordance with the laws of the state, hire, fix the […]
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 […]
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 […]
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, […]
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), […]
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 […]
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 […]
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 […]
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) […]
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 […]
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 […]
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 […]
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. […]