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S1520................................................by JUDICIARY AND RULES
HAZARDOUS WASTES - Adds to existing law to require the Department of Health
and Welfare to notify the innocent private property owner of clean up
requirements upon release of a hazardous waste resulting from violations of
the Uniform Controlled Substances Act.
02/22 Senate intro - 1st rdg - to printing
02/23 Rpt prt - to Jud
S1520
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1520
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO HAZARDOUS WASTE; AMENDING CHAPTER 44, TITLE 39, IDAHO CODE, BY THE
3 ADDITION OF A NEW SECTION 39-4433, IDAHO CODE, TO REQUIRE THAT A LAW
4 ENFORCEMENT AGENCY NOTIFY THE DEPARTMENT OF HEALTH AND WELFARE OF A
5 RELEASE OF HAZARDOUS WASTE OCCURRING IN CONNECTION WITH THE AGENCY'S
6 INVESTIGATION OR OTHER ACTION FOR A VIOLATION OF THE UNIFORM CONTROLLED
7 SUBSTANCES ACT, TO REQUIRE THAT THE DEPARTMENT NOTIFY THE PROPERTY OWNER
8 OF THE RELEASE AND MEASURES TO BE UNDERTAKEN TO CLEAN UP, TREAT, DISPOSE
9 OF OR REPAIR DAMAGE FROM THE RELEASE AND TO PROVIDE THAT THE PROPERTY
10 OWNER MAY RECOVER EXPENSES AND DAMAGES SUFFERED BY THE PROPERTY OWNER FROM
11 THE PERSON CAUSING THE RELEASE.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Chapter 44, Title 39, Idaho Code, be, and the same is
14 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
15 ignated as Section 39-4433, Idaho Code, and to read as follows:
16 39-4433. CONTROLLED SUBSTANCE VIOLATIONS -- RELEASE OF HAZARDOUS WASTE --
17 NOTICE TO PROPERTY OWNER. (1) If a release of a hazardous waste occurs on pri-
18 vate property in connection with an investigation or other action of a law
19 enforcement agency for a violation or suspected violation of the uniform con-
20 trolled substances act, chapter 27, title 37, Idaho Code, the law enforcement
21 agency shall notify the department of health and welfare of the release not
22 more than five (5) days after the release occurs. Within ten (10) days of
23 receiving notification from the law enforcement agency, the department of
24 health and welfare shall notify the property owner of the release and the
25 steps to be undertaken to clean up, treat, dispose of or otherwise repair or
26 mitigate damage resulting from the release as required by the department. The
27 notification requirements of this subsection shall not apply to any person
28 whose acts caused the release in whole or in part.
29 (2) The property owner may recover from the person causing the release
30 all expenses and other damages suffered by the property owner as a result of
31 the release, along with attorney's fees and costs.
STATEMENT OF PURPOSE
RS 10004
The purpose of this legislation is to provide a remedy for property owners who
have rented their property to alleged/convicted meth lab operations. This
legislation requires that property owners be notified of the hazardous materials in
a timely manner, what they are, and how to clean them up. It also provides that
property owners can attempt to recover the costs and damages from the person or
persons causing the mess.
FISCAL IMPACT
There will be some additional cost to the Department of Health and Welfare to
contact property owners and notify them of the waste and steps needed to clean
up.
Contact
Name: Senator Shawn Keough
Phone: 332-1340
STATEMENT OF PURPOSE/FISCAL NOTE S 1520