2005 Idaho Code - 39-7203 — GENERAL DEFINITIONS

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 72
                          IDAHO LAND REMEDIATION ACT
    39-7203.  GENERAL DEFINITIONS. As used in this chapter:
    (1)  "Board" means the board of environmental quality.
    (2)  "Department" means the department of environmental quality.
    (3)  "Eligible property owner" means any individual, association,
partnership, firm, joint stock company, trust, estate, private corporation, or
any other nonpublic entity that is the current owner of a contaminated
property, but that did not cause, contribute, or consent to the release that
led to the contamination or own the property at the time of the release that
led to the contamination. An eligible property owner shall not include any
individual, association, partnership, firm, joint stock company, trust,
estate, private corporation, or any other nonpublic entity that is:
    (a)  Affiliated with any individual or entity that caused, contributed, or
    consented to the release that led to the contamination, or owned the
    property at the time of the release that led to the contamination, whether
    directly or through a direct or indirect familial relationship, or any
    contractual, corporate, or financial relationship, excluding such
    relationships created by a contract for the sale of the property at issue;
    or
    (b)  The owner as a result of a reorganization of an entity that caused,
    contributed, or consented to the release that led to the contamination, or
    that owned the property at the time of the release that led to the
    contamination.
    (4)  "Hazardous substance" has the meaning set forth in section 101(14) of
the comprehensive environmental, response, compensation and liability act
(CERCLA), 42 U.S.C. 9601 (14) as amended.
    (5)  "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.
    (6)  "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 (14.7) pounds per square inch absolute).
    (7)  "Qualifying remediation costs" means reasonable costs incurred
performing remediation activities integral to achieving the cleanup goals
identified in a remediation work plan approved by the department.
    (8)  "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.
    (9)  "Remediation" means any of the following:
    (a)  Actions necessary to prevent, minimize, or mitigate damages to the
    public health or welfare or to the environment, which may otherwise result
    from a release or threat of a release; or
    (b)  Actions consistent with a permanent remedy taken instead of, or in
    addition to, removal actions in the event of a release or threatened
    release of a hazardous substance or petroleum into the environment to
    eliminate the release of hazardous substances or petroleum so that the
    hazardous substances or petroleum do not migrate to cause substantial
    danger to present or future public health or welfare or the environment;
    or
    (c)  The cleanup or removal of released hazardous substances or petroleum
    from the environment.
    (10) "Site" means a parcel of real estate for which an application has
been submitted under section 39-7204, Idaho Code.
    (11) "Technical professional" means a professional geologist or
professional engineer registered in the state of Idaho.