{"data":{"id":"us-id/idaho-code-39-7111","jurisdiction":"us-id","citation":"Idaho Code § 39-7111","heading":"Liability for release of a hazardous substance.","body":"(1) Any person who owns, controls, transports, or causes the release or threat of release of a substance which is involved in a hazardous substance incident shall be strictly liable for the costs arising out of a hazardous substance incident, identified in section 39-7112, Idaho Code. There shall be no liability under this chapter for a person otherwise liable who can establish by a preponderance of the evidence that:\n(a) The hazardous substance incident was caused solely by:\n(i) An act of God;\n(ii) An act of war;\n(iii) An act or omission of a third party, other than an employee or agent of the potentially liable person if:\n1. The potentially liable person exercised reasonable care with respect to the substance involved, taking into consideration the characteristics of the substance in light of all relevant facts and circumstances; and\n2. The potentially liable person took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions; or\n(iv) Application of a pesticide product or fertilizer registered under the federal insecticide, fungicide, and rodenticide act, 7 U.S.C. section 136, et seq., according to label requirements; or\n(b) The substance was not a hazardous substance and the person otherwise liable acted reasonably under the circumstances.","path":["TITLE 39 HEALTH AND SAFETY","CHAPTER 71 HAZARDOUS SUBSTANCE EMERGENCY RESPONSE ACT"],"source_url":"https://legislature.idaho.gov/statutesrules/idstat/title39/t39ch71/sect39-7111/","current_through":"2026 Legislative Session","vintage":"","retrieved_at":"2026-09-04T11:20:11Z","sha256":"7cd0e03a2c113a0f65df75639fa9dbea96dc6a9807b91aef36e5e44d193144e2","source_id":"us-id","stale":false,"prev":"us-id/idaho-code-39-7110","next":"us-id/idaho-code-39-7112"},"notice":"GroundRules: Original legal text. Not legal advice."}
