2005 Idaho Code - 39-7204 — PARTICIPATION

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 72
                          IDAHO LAND REMEDIATION ACT
    39-7204.  PARTICIPATION. (1) To participate in the remediation program a
person must submit an application to the department as described under
subsection (2) of this section.
    (2)  An application submitted under this section must meet the following
conditions:
    (a)  Contain the following general information concerning:
         (i)   the person,
         (ii)  the site, and
         (iii) other background information as requested by the department;
    (b)  An environmental assessment that conforms to ASTM Standard Practice E
    1527, as amended, or equivalent.
    (3)  Not more than thirty (30) days after receiving an application under
subsection (2) of this section, the department shall determine if the person
is eligible to participate in the remediation program under this chapter.
    (4)  The department may reject an application submitted under subsection
(2) of this section for any of the following reasons:
    (a)  Remediation is required pursuant to sections 39-101 through 39-129,
    sections 39-4401 through 39-4432, or sections 39-7401 through 39-7420,
    Idaho Code, or rules promulgated thereunder, or other applicable statutory
    or common law; or
    (b)  The condition of the hazardous substance or petroleum described in
    the application constitutes an imminent and substantial threat to human
    health or the environment; or
    (c)  The application is not complete.
    (5)  If the application is rejected under subsection (4)(c) of this
section, the department shall provide the person with a list of all
information needed to make the application complete.  If the department fails
to comply with this subsection, the application shall be considered completed
for the purposes of this chapter.
    (6)  If the department rejects an application, the department shall do the
following:
    (a)  Notify the person that the department rejected the application;
    (b)  Explain the reason the department rejected the application.