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.
History:
[39-7208, added 1996, ch. 252, sec. 1, p. 800; am. 1997, ch. 117, sec. 41, p. 339.]
Structure Idaho Code
Chapter 72 - IDAHO LAND REMEDIATION ACT
Section 39-7201 - SHORT TITLE.
Section 39-7202 - LEGISLATIVE FINDINGS.
Section 39-7203 - GENERAL DEFINITIONS.
Section 39-7204 - PARTICIPATION.
Section 39-7206 - EVALUATION AND REVIEW RESPONSIBILITIES.
Section 39-7207 - COVENANT NOT TO SUE.
Section 39-7209 - LENDER LIABILITY.
Section 39-7211 - IDAHO COMMUNITY REINVESTMENT PILOT INITIATIVE.