(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.

Terms Used In Idaho Code 39-7109

  • Emergency: means a release or threat of release that, in the reasonable judgment of the local emergency response authority in consultation with the office, threatens immediate harm to the environment or the health and safety of any individual and that requires immediate action for the containment or control of a hazardous or potentially hazardous substance to prevent, minimize or mitigate harm to the public health, safety or the environment which may result if action is not taken. See Idaho Code 39-7103
  • Hazardous substance: means :
Idaho Code 39-7103
  • Hazardous substance incident: means an emergency circumstance requiring a response by the state emergency response team or the local emergency response authority to monitor, assess and evaluate a release or threat of a release of a hazardous or potentially hazardous substance. See Idaho Code 39-7103
  • Local emergency response authority: means those persons designated under section 39-7105, Idaho Code, by the city, county, or the military division to be first responders to hazardous substance incidents. See Idaho Code 39-7103
  • Military division: means the military division of the office of the governor. See Idaho Code 39-7103
  • Person: means any individual, public or private corporation, partnership, joint venture, association, firm, trust, estate, the United States or any department, institution, or agency thereof, the state or any department, institution, or agency thereof, any municipal corporation, county, city, or other political subdivision of the state, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. See Idaho Code 39-7103
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • State emergency response team: means one (1) of the state emergency response teams authorized by the military division to respond to hazardous substance incidents. See Idaho Code 39-7103
    • (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.