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2005 Idaho Code - 39-7208 — RECISION
TITLE 39
HEALTH AND SAFETY
CHAPTER 72
IDAHO LAND REMEDIATION ACT
39-7208. RECISION. (1) This chapter does not prohibit or limit the
department's recision of the voluntary remediation agreement or the covenant
not to sue at any time if:
(a) The person implementing the work plan fails substantially to comply
with the terms and conditions of:
(i) a voluntary remediation agreement, or
(ii) covenant not to sue;
(b) A hazardous substance or petroleum release becomes an imminent and
substantial threat to human health or the environment.
(2) The department shall also notify the county in which the said site
exists of recision of the covenant not to sue for the purposes of determining
property exemptions provided under section 63-602BB, Idaho Code.
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