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.]

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 […]

Section 39-7203 – GENERAL DEFINITIONS.

39-7203. GENERAL DEFINITIONS. As used in this chapter: (1) "Board" means the board of environmental quality. (2) "Department" means the department of environmental quality. (3) "Eligible property owner" means any individual, association, partnership, firm, joint stock company, trust, estate, private corporation, or any other nonpublic entity that is the current owner of a contaminated property, […]

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 […]

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 […]

Section 39-7206 – EVALUATION AND REVIEW RESPONSIBILITIES.

39-7206. EVALUATION AND REVIEW RESPONSIBILITIES. (1) Pursuant to the signed voluntary remediation agreement, the department or a person under contract with the department shall do the following: (a) Review and evaluate the site and the affected area surrounding the site; (b) Review and evaluate the proposed voluntary remediation work plan for protection of public health […]

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 […]

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 […]

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 […]

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 […]

Section 39-7211 – IDAHO COMMUNITY REINVESTMENT PILOT INITIATIVE.

39-7211. IDAHO COMMUNITY REINVESTMENT PILOT INITIATIVE. [EFFECTIVE UNTIL CERTIFICATION TO SECRETARY OF STATE BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY THAT CERTAIN EVENTS HAVE OCCURRED] (1) There is hereby established in the state treasury a fund to be known as the Idaho community reinvestment pilot initiative fund which shall consist of moneys appropriated to the fund, […]