2005 Idaho Code - 39-7109 — RIGHT TO CLAIM REIMBURSEMENT

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 71
                  HAZARDOUS SUBSTANCE EMERGENCY RESPONSE ACT
    39-7109.  RIGHT TO CLAIM REIMBURSEMENT. (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 and containment of 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 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.
    (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.