Idaho Code 39-7208 – Recision
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(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.
Terms Used In Idaho Code 39-7208
- Department: means the department of environmental quality. See Idaho Code 39-7203
- Hazardous substance: has the meaning set forth in section 101(14) of the comprehensive environmental, response, compensation and liability act (CERCLA), 42 U. See Idaho Code 39-7203
- Person: means any individual, association, partnership, firm, joint stock company, trust, estate, political subdivision, public or private corporation, state or federal governmental department, agency or instrumentality, or any other legal entity which is recognized by law as the subject of rights and duties. See Idaho Code 39-7203
- Petroleum: includes petroleum asphalt and crude oil or any part of petroleum asphalt or crude oil that is liquid at standard conditions of temperature and pressure (sixty (60) degrees Fahrenheit and fourteen and seven-tenths (14. See Idaho Code 39-7203
- Property: includes both real and personal property. See Idaho Code 73-114
- Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, including the abandonment or discarding of barrels, containers, or other closed receptacles containing any hazardous substance or petroleum. See Idaho Code 39-7203
- Remediation: means any of the following:
Idaho Code 39-7203Site: means a parcel of real estate for which an application has been submitted under section 39-7204, Idaho Code. See Idaho Code 39-7203