Terms Used In Idaho Code 39-7111

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • 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
  • Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, escaping, dumping or disposing of a hazardous or potentially hazardous substance, or the threat of the same, into the environment. See Idaho Code 39-7103
  • Threat of release: means the release of a hazardous or potentially hazardous substance is likely. See Idaho Code 39-7103
    • (1) Any person who owns, controls, transports, or causes the release or threat of release of a substance which is involved in a hazardous substance incident shall be strictly liable for the costs arising out of a hazardous substance incident, identified in section 39-7112, Idaho Code. There shall be no liability under this chapter for a person otherwise liable who can establish by a preponderance of the evidence that:
    (a)  The hazardous substance incident was caused solely by:
    (i)   An act of God;
    (ii)  An act of war;
    (iii) An act or omission of a third party, other than an employee or agent of the potentially liable person if:
    1.  The potentially liable person exercised reasonable care with respect to the substance involved, taking into consideration the characteristics of the substance in light of all relevant facts and circumstances; and
    2.  The potentially liable person took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions; or
    (iv)  Application of a pesticide product or fertilizer registered under the federal insecticide, fungicide, and rodenticide act, 7 U.S.C. § 136, et seq., according to label requirements; or
    (b)  The substance was not a hazardous substance and the person otherwise liable acted reasonably under the circumstances.