Title 39 — HEALTH AND SAFETY

39-7101. Short title. This chapter may be known and cited as the "Idaho Hazardous Substance Response Act."

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…

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 …

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…

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 emergen…

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 hazard…

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 …

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…

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 incide…

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 terminatio…

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 …

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 …

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 respons…

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 pla…

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 un…

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 remainin…