(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.
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Terms Used In Idaho Code 39-7204

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Department: means the department of environmental quality. See Idaho Code 39-7203
  • Hazardous substance: has the meaning set forth in section 101(14) of the comprehensive environmental, response, compensation and liability act (CERCLA), 42 U. See Idaho Code 39-7203
  • 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. See Idaho Code 39-7203
  • 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. See Idaho Code 39-7203
  • Remediation: means any of the following:
Idaho Code 39-7203
  • Site: means a parcel of real estate for which an application has been submitted under section 39-7204, Idaho Code. See Idaho Code 39-7203
    • (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.