TITLE 39

HEALTH AND SAFETY

CHAPTER 71

HAZARDOUS SUBSTANCE EMERGENCY RESPONSE ACT

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.]