TITLE 39

HEALTH AND SAFETY

CHAPTER 72

IDAHO LAND REMEDIATION ACT

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 information as requested by the department;

(b)  An environmental assessment that conforms to ASTM Standard Practice E 1527, as amended, or equivalent.

(3)  Not more than thirty (30) days after receiving an application under subsection (2) of this section, the department shall determine if the person is eligible to participate in the remediation program under this chapter.

(4)  The department may reject an application submitted under subsection (2) of this section for any of the following reasons:

(a)  Remediation is required pursuant to sections 39-101 through 39-129, sections 39-4401 through 39-4432, or sections 39-7401 through 39-7420, Idaho Code, or rules promulgated thereunder, or other applicable statutory or common law; or

(b)  The condition of the hazardous substance or petroleum described in the application constitutes an imminent and substantial threat to human health or the environment; or

(c)  The application is not complete.

(5)  If the application is rejected under subsection (4)(c) of this section, the department shall provide the person with a list of all information needed to make the application complete. If the department fails to comply with this subsection, the application shall be considered completed for the purposes of this chapter.

(6)  If the department rejects an application, the department shall do the following:

(a)  Notify the person that the department rejected the application;

(b)  Explain the reason the department rejected the application.

History:

[39-7204, added 1996, ch. 252, sec. 1, p. 797.]