TITLE 39

HEALTH AND SAFETY

CHAPTER 72

IDAHO LAND REMEDIATION ACT

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 sue;

(b)  A hazardous substance or petroleum release becomes an imminent and substantial threat to human health or the environment.

(2)  The department shall also notify the county in which the said site exists of recision of the covenant not to sue for the purposes of determining property exemptions provided under section 63-602BB, Idaho Code.

History:

[39-7208, added 1996, ch. 252, sec. 1, p. 800; am. 1997, ch. 117, sec. 41, p. 339.]