Idaho § 39-7108 - Notification of release is required
Full text of Idaho Idaho Statutes § 39-7108 — Notification of release is required, with citation guidance and answers to common questions.
§ 39-7108. Notification of release is required
(1) Any person who has responsibility for reporting a release under the federal comprehensive environmental response, compensation and liability act (CERCLA), 42 U.S.C. 9603, shall, as soon as practicable after he has knowledge of any such reportable release other than a permitted release or as exempted in section 39-7108 (3), Idaho Code, notify the military division of such release.
(2) Any person who has responsibility for reporting a release under the federal emergency planning and community right-to-know act, 42 U.S.C. 11001 et seq., shall as soon as practicable after he has knowledge of any such reportable release other than a permitted release notify the military division of such release.
(3) Any facility having a release reportable under section 39-7108 (1), Idaho Code, shall not be required to report the release to the military division if the following circumstances are met:
(a) Such release is not reportable under subsection (2) of section 39-7108 , Idaho Code.
(b) The facility has an approved private emergency response plan that details how such spills shall be responded to and reported.
This provision does not relieve the facility from any reporting required under other federal statutory, regulatory or other permit authorities.
(4) The military division shall immediately notify the department of environmental quality of any release reported to the military division. Such reporting to the military division shall fulfill all state reporting requirements for the department of environmental quality.
(5) Any person who does not notify the military division in accordance with the provisions of section 39-7108 , Idaho Code, shall be liable for a civil penalty of a sum not to exceed one thousand dollars ($1,000) for each day the violation continues to a maximum of twenty-five thousand dollars ($25,000).
(6) No penalty pursuant to this section shall occur if an incident occurs on private property and results in no offsite environmental damage.
[39-7108, added 1991, ch. 242, sec. 1, p. 588; am. 1997, ch. 121, sec. 5, p. 362; am. 2001, ch. 103, sec. 64, p. 302.]
Source: official Idaho text · Last verified 2026-08-27
Frequently Asked Questions About Idaho § 39-7108
What does Idaho Statutes § 39-7108 cover?
Section 39-7108 ("Notification of release is required") is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 39-7108?
A common citation format is "Idaho Statutes § 39-7108" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 39-7108 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.