TITLE 39

HEALTH AND SAFETY

CHAPTER 72

IDAHO LAND REMEDIATION ACT

39-7210.  Rules. Within one (1) year after the effective date of this section, the board shall, through negotiated rulemaking, adopt rules to carry out the purposes of this provision consistent with federal and state law which shall provide for the following:

(1)  The establishment of methodologies to determine site-specific risk-based remediation standards, which shall be no more stringent than applicable or appropriate relevant federal and state standards and are consistent with 42 U.S.C. 9621, taking into consideration scientific information regarding the following:

(a)  protection of public health and the environment,

(b)  the future industrial, commercial, residential, or other use of the site to be remediated and of surrounding properties,

(c)  the availability of institutional or engineering controls that are protective of public health and the environment, including deed restrictions, and

(d)  natural background levels for hazardous constituents;

(2)  The establishment of administrative procedures that minimize delay and expense of the remediation, processing submissions and overseeing remediation;

(3)  The issuance of certificates of completion once the voluntary remediation work plans is [are] implemented;

(4)  Consistent with applicable local, state and federal law, guidelines to assist in the issuance of any permits required to initiate and complete a voluntary remediation work plan;

(5)  Collection and payment of fees to defray the actual reasonable costs of the voluntary remediation program.[;]

(6)  Lender liability consistent with United States environmental protection agency policy, 60 Federal Register 63517, dated December 11, 1995, as amended.

History:

[39-7210, added 1996, ch. 252, sec. 1, p. 801.]