Idaho Administrative Code
Title IDAPA 58 - Environmental Quality, Department of
Rule 58.01.18 - IDAHO LAND REMEDIATION RULES
Section 58.01.18.025 - COVENANT NOT TO SUE

Universal Citation: ID Admin Code 58.01.18.025

Current through August 31, 2023

01. Negotiation and Provision of Covenant. Within thirty (30) days of receipt of the Department's certificate of completion, the applicant may request the Department negotiate and provide a covenant not to sue as provided in Section 39-7207, Idaho Code. Any such covenant not to sue may be conditioned upon continuing monitoring, recordation or maintenance of institutional or engineering controls, or other continuing actions required of the applicant pursuant to an approved work plan. (3-24-22)

02. Rescission of Covenant. The Department may rescind a covenant not to sue in accordance with Section 39-7208, Idaho Code. If the Department rescinds a covenant not to sue, it may initiate administrative or judicial action as provided in Sections 39-7207 and 39-7208, Idaho Code. (3-24-22)

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