Idaho § 39-7111 - Liability for release of a hazardous substance
Full text of Idaho Idaho Statutes § 39-7111 — Liability for release of a hazardous substance, with citation guidance and answers to common questions.
§ 39-7111. Liability for release of a hazardous substance
(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:
(a) The hazardous substance incident was caused solely by:
(i) An act of God;
(ii) An act of war;
(iii) An act or omission of a third party, other than an employee or agent of the potentially liable person if:
1. 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
2. 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
(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
(b) The substance was not a hazardous substance and the person otherwise liable acted reasonably under the circumstances.
[39-7111, added 1991, ch. 242, sec. 1, p. 590; am. 2009, ch. 281, sec. 5, p. 848.]
Source: official Idaho text · Last verified 2026-08-27
Frequently Asked Questions About Idaho § 39-7111
What does Idaho Statutes § 39-7111 cover?
Section 39-7111 ("Liability for release of a hazardous substance") 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 § 39-7111?
A common citation format is "Idaho Statutes § 39-7111" (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 § 39-7111 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.