2005 Idaho Code - 39-7207 — COVENANT NOT TO SUE

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 72
                          IDAHO LAND REMEDIATION ACT
    39-7207.  COVENANT NOT TO SUE. (1) If the department determines that a
person has successfully completed a voluntary remediation work plan approved
under this chapter, the department shall certify that the work plan has been
successfully implemented or satisfied by issuing the person a certificate of
completion. The issuance of a certificate of completion under this section is
a final agency action for purposes of this chapter.
    (2)  A person who receives a certificate of completion under this section
shall record a copy of the certificate of completion with the deed for the
site on which the remediation took place.
    (3)  If the department determines that the person has not successfully
implemented a voluntary remediation work plan approved under this chapter, the
department shall notify the person of this determination under this chapter.
    (4)  If the department issues a certificate of completion to a person
under this chapter, the department, upon request, shall also negotiate and
provide the person a covenant not to sue for any claim for environmental
remediation under state law resulting from or based upon the release or
threatened release of a hazardous substance or petroleum that is the subject
of the approved voluntary remediation work plan successfully implemented under
this chapter.  The covenant not to sue shall extend to any current or future
owner or operator of the site or portion thereof who did not cause, aggravate,
or contribute to the release or threatened release.
    (5)  A covenant not to sue issued under this section shall not apply to
claims for a condition or the extent of a condition that:
    (a)  Was present on the site involved in an approved and implemented
    voluntary remediation work plan; and
    (b)  Was not known to the department at the time the department issued the
    certificate of completion under this chapter.
    (6)  Except as provided under federal law or agreed to by a federal
governmental entity, a covenant not to sue issued under this section shall not
release a person from liability to the federal government for claims based on
federal law.
    (7)  During the implementation of an approved voluntary remediation work
plan, the department shall not bring an action, including an administrative or
judicial action for any liability for remediation relating to the release or
threatened release of a hazardous substance or petroleum that is the subject
of the voluntary remediation work plan, against a person who entered into a
voluntary remediation agreement and who is implementing the voluntary
remediation work plan in accordance with such agreement implementing the
voluntary remediation work plan.