IDAPA 15.06.05
Cities, counties, local emergency response authorities, first responders, and regional response teams.
This rule creates local emergency response authorities and regional response teams, identifies the location and jurisdiction of regional response teams, the liability for incident response costs, notification to local and state emergency response authorities of a hazardous substance incident, the call-out procedure for emergency response agencies, and cost recovery and cost reimbursement procedures for emergency response agencies.
This rule implements the following statutes passed by the Idaho Legislature:
Health and Safety -
Hazardous Substance Emergency Response Act:
Idaho Office of Emergency Management
Weekdays from 8:00 a.m. to 4:30 p.m., excluding holidays
4040 West Guard Street, Gowen Field, Building 600
Boise, Idaho 83705
Phone: (208) 258-6500
Fax: (208) 422-3044
Email and website:
tluna@imd.idaho.gov
https://imd.idaho.gov/
This rule chapter will be reviewed in compliance with Section 67-5292, Idaho Code, and in accordance with the 8-year rule review schedule linked here.
15.06.05 – Hazardous Substance Response Rules
000. Legal Authority (Rule 0). ... 3
001. Scope (Rule 1). ... 3
002. -- 009. (Reserved) ... 3
010. Definitions (Rule 10). ... 3
011. Abbreviations (Rule 11). ... 5
012. -- 099. (Reserved) ... 5
100. Regional Response Teams, Designation, Location, Jurisdiction, Activation, Liability (Rule 100). ... 5
101. -- 199. (Reserved) ... 8
200. LERA (Rule 200). ... 8
201. -- 299. (Reserved) ... 9
300. Cost Reimbursement (Rule 300). ... 9
301. Duty To Cooperate (Rule 301). ... 10
302. -- 999. (Reserved) ... 10
This chapter is adopted under the authority of Section 39-7101, Idaho Code. (3-31-22)
This chapter creates local emergency response authorities and regional response teams; the location and jurisdiction of regional response teams; liability for incident response costs; notification to local and state emergency response authorities of a hazardous substance incident; call-out procedure for emergency response agencies; and cost recovery and cost reimbursement procedures for emergency response agencies. (3-31-22)
In addition to the definitions in Section 39-7103, Idaho Code, the following definitions apply: (3-31-22)
01. Emergency Responder. Person affiliated with an emergency response agency who is dispatched to the scene upon notification of a hazardous substance incident. Emergency responders may be local, state, federal or industry personnel who have received appropriate hazardous materials training as defined by OSHA and EPA Regulations. (3-31-22)
02. EPCRA. Emergency Planning and Community Right to Know Act of 1986 (Title III of the Superfund Amendments and Reauthorization Act). (3-31-22)
03. Hazardous Substance Incident. An emergency circumstance that requires a response by the state emergency response team or the local emergency response agency to monitor, assess and evaluate a release of, or the threat of a release of, a hazardous or potentially hazardous substance. A hazardous substance incident may require containment or confinement, or both, but does not include site cleanup or remediation efforts after the incident commander has determined the emergency has ended. (3-31-22)
04. Hazardous Substance Incident Levels. (3-31-22)
a. Regulatory - A release of a 'reportable quantity' or less of regulated hazardous substances that does not require any emergency response on the part of public sector responders. This would include a weapons of mass destruction threat or suspicion that is clearly a hoax without requiring additional analysis. (3-31-22)
b. Level 1 - An incident involving any response, public or private, to an incident involving hazardous substances that can be contained, extinguished, or abated using resources immediately available to the responders having jurisdiction. A weapons of mass destruction threat or suspicion that requires local response to determine whether or not it is life threatening. A Level 1 incident presents little risk to the environment or public health with containment and clean up. (3-31-22)
c. Level 2 - An incident involving hazardous substances that is beyond the capabilities of the first responders on the scene, and may be beyond the capabilities of the public sector response agency having jurisdiction. Level 2 incidents may require the services of a state of Idaho Regional Response Team, or other state/federal assistance. This would include a weapons of mass destruction (WMD) threat or incident that involves explosives, release of toxic material, release of radioactive material or release of organisms that can be analyzed and stabilized using resources that exist within the state of Idaho. This level may pose immediate and long-term risk to the environment and public health and could result in a local declaration of disaster. (3-31-22)
d. Level 3 - An incident involving weapons of mass destruction/hazardous substances that will require multiple state of Idaho Regional Response Teams or other resources that do not exist within the state of Idaho. These incidents may require resources from state and federal agencies and private industry. Level 3 incidents generally pose extreme, immediate and long-term risk to the environment and public health. (3-31-22)
05. Idaho Hazardous Materials/WMD Incident Command and Response Support Plan. A plan that has the primary purpose of providing effective, coordinated emergency response support to local government by state, federal and private agencies for incidents involving the release of hazardous substances in the state of Idaho. (3-31-22)
a. This plan may be activated independently of the Idaho Emergency Operations Plan. (3-31-22)
b. Authority for implementation of this plan is derived from the Idaho Hazardous Substance Emergency Response Act (Section 39-7101, Idaho Code), the Idaho Environmental Protection and Health Act (Section 39-101 et seq., Idaho Code), the Hazardous Waste Management Act (Section 39-4401 et seq., Idaho Code), Protection from Radioactive Materials (Section 39-3005, Idaho Code), and the Idaho Homeland Security Act of 2004 (Section 46-1001 et seq. Idaho Code). (3-31-22)
06. Idaho Regional Response Teams. Teams authorized by the state of Idaho which are trained and equipped to respond to incidents. These teams are based in local departments and respond outside local jurisdictional boundaries upon approval of the Office of Emergency Management. These teams include Regional Hazardous Materials Response Teams (RRT’s) as well as Regional Bomb Squads (RBS’s). The Idaho Regional Response Teams are responsible to the local Incident Commander. (3-31-22)
07. Incident Command System (ICS)/National Incident Management System (NIMS). (3-31-22)
a. The Incident Command System (ICS) is a widely used and understood emergency management tool. It is used by local, state, and federal agencies and the military. Use of the ICS for hazardous substance incidents is required by the Emergency Planning and Community Right to Know Act (EPCRA), Occupational Safety and Health Administration (OSHA) rules, and the National Fire Protection Association (NFPA). It has been adopted by the National Fire Academy as the model system for the fire service. It is also the policy of the state of Idaho that the ICS will be used in response to hazardous substance incidents. (3-31-22)
b. NIMS is a system mandated by Homeland Security Presidential Directive 5 that provides a consistent nationwide approach for federal, state, local and tribal governments, as well as the private-sector and nongovernmental organizations to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents, regardless of cause, size or complexity. NIMS builds on the ICS and the proven principles of unified command. (3-31-22)
08. Incident Commander. The designated local emergency response official responding to an incident. This person must be fully trained and knowledgeable in the ICS. Normally, the Incident Commander will be the local fire chief or law enforcement officer. A local jurisdiction, based on its local plan and resource assessment, may request that Idaho State Police assume incident command, particularly for incidents on U.S. Interstates and state-numbered routes, including rights-of-way. The Incident Commander is in overall charge of all efforts at the scene. (3-31-22)
09. Local Emergency Planning Committee (LEPC). A committee made up of local officials, citizens, and industry representatives charged with development and maintenance of emergency response plans for the local emergency planning district as per EPCRA requirements. Planning procedures include hazardous substance inventories, compilation and coordination of fixed facility emergency response plans, hazardous substance response training, and assessment of local response capabilities. (3-31-22)
10. Regional Response Team (RRT). See Idaho Regional Response Teams. (3-31-22)
11. Reimbursable Costs. The total eligible expenses arising from response to a hazardous substance incident. Such costs generally include, but are not limited to, all state and local government expenses that result from the assessment and emergency phases of the response activity. Emergency response costs do not include clean-up or disposal costs of hazardous substances, except as may be reasonably necessary and incidental to preventing a release or threat of release of a hazardous substance or in stabilizing the emergency response incident. (3-31-22)
12. Responsible Party or Spiller. Any person who owns, controls, transports, or causes the release, or threat of release of a hazardous substance which is involved in a hazardous substance incident shall be strictly liable for the costs arising out of the response. (3-31-22)
13. State Communications. The communications center for state hazardous substance emergency response. State Communications can be reached by calling 1-800-632-8000 or 208-846-7610. Notification of State
Communications is the first step in initiating the Idaho Hazardous Materials/WMD Incident Command and Response Support Plan. (3-31-22)
14. State Emergency Response Teams. See Idaho Regional Response Teams. (3-31-22)
15. State On-Scene Coordinator (SOSC). To ensure coordination during a significant incident, the state of Idaho will provide a State On-Scene-Coordinator (SOSC). The SOSC will facilitate the formation of a unified command during a significant incident. Under Unified Command, the Idaho SOSC can assist by acquiring resources, advising on response issues, and coaching the jurisdiction in overall scene management. The SOSC will coordinate with responding state agencies and be the principal state spokesperson in the unified command as an advocate for all state interests. In this role, the SOSC effectively represents the interests of the state of Idaho and its citizens. The Idaho SOSC will be appointed by the Director, Office of Emergency Management or his designee. (3-31-22)
01. A.G. Office of the State Attorney General. (3-31-22)
02. CERCLA. Comprehensive Environmental Response, Compensation, and Liability Act. (3-31-22)
03. CFR. Code of Federal Regulations. (3-31-22)
04. HMTA. Hazardous Materials Transportation Act. (3-31-22)
05. NIMS. National Incident Management System. (3-31-22)
06. NFPA. National Fire Protection Act. (3-31-22)
07. OEM. Office of Emergency Management. (3-31-22)
08. OSHA. Occupational Safety and Health Administration. (3-31-22)
09. RBS. Idaho Regional Bomb Squads. (3-31-22)
10. WMD. Weapons of Mass Destruction. (3-31-22)
012. -- 099. (RESERVED)
01. Designation of Regional Response Teams. Each RRT shall be capable of responding to hazardous substance emergencies within their jurisdiction or, when approved by the state of Idaho Military Division, Office of Emergency Management, in their region, or other state regions. (3-31-22)
02. Location of Regional Response Teams.
| Area of Idaho | Primary Response Counties | Designation | Team Location – Headquarters |
|---|---|---|---|
| Region 1 | Benewah, Bonner, Boundary, Kootenai, Shoshone | RRT1 Spokane Bomb Squad | Kootenai County Fire and Rescue Spokane Police and Sheriff's Office |
| Area of Idaho | Primary Response Counties | Designation | Team Location – Headquarters |
|---|---|---|---|
| Region 2 | Clearwater, Idaho, Latah, Lewis, Nez Perce | RRT2 Explosive response covered by Spokane and RBS3 | Lewiston Fire Department |
| Region 3 | Adams, Canyon, Gem, Owyhee, Payette, Washington (Gem response may come from Boise for access time) | RRT3 RBS3 | Nampa/Caldwell Fire Department Nampa Police Department |
| Region 4 | Ada, Boise, Camas, Elmore, Valley (Gem response for access time) | RRT4 RBS4 | Boise Fire Department Boise Police Department |
| Region 5 | Blaine, Cassia, Gooding, Jerome, Lincoln, Minidoka, Twin Falls (Minidoka and Cassia may come from Southeast for access time) | RRT 3, 4, 6, 7 RBS5 | RRTs 3, 4, 6, 7 Twin Falls Police Department |
| Region 6 | Bannock, Bear Lake, Butte, Bingham, Caribou, Franklin, Oneida, Power (Minidoka and Cassia responses for access time) | RRT6 Explosive response covered by RBS5 and RBS7 | Pocatello Fire Department |
| Region 7 | Bonneville, Clark, Custer, Fremont, Jefferson, Lemhi, Madison, Teton | RRT7 RBS7 | Idaho Falls Fire Department Idaho Falls Police Department |
(3-31-22)
03. Primary Jurisdiction of Regional Response Teams. See Subsection 100.02 of these rules. (3-31-22)
04. Activation of Regional Response Teams. (3-31-22)
a. The party requesting the assistance must: (3-31-22)
i. Contact State Communications at 1-800-632-8000, or (208-846-7610). (3-31-22)
ii. State their name; (3-31-22)
iii. State their location; (3-31-22)
iv. Provide a description of the incident; and (3-31-22)
v. Provide a description of the type of assistance requested. (3-31-22)
b. RRTs must be activated by the Military Division when responding outside their jurisdiction by calling Idaho State Communications Center at 800-632-8000, or (208) 846-7610. This will initiate a conference call, if appropriate, with the appropriate state and local agencies. (3-31-22)
c. If the request is for assistance with a drug lab response, the requester must call State Communications and provide the following: (3-31-22)
i. That the request is for a drug lab response; (3-31-22)
ii. The location, which must include, at a minimum, the county and city; (3-31-22) iii. The type of assistance requested; and (3-31-22) iv. The nature of the chemicals released. (3-31-22)
d. State communications will then page the OEMHS Haz Mat Duty Officer, provide the information, and request authorization for the RRT to respond. Upon authorization, State Communications will notify the appropriate RRT of the request for assistance and the authorization to respond. (3-31-22)
05. Reimbursable Costs -- Hazardous Substances. (3-31-22)
a. State emergency response teams and local emergency response agencies may submit claims within sixty (60) days of the termination of the incident, to the Military Division for reimbursement. Eligible documented costs, incurred as a result of their response to a hazardous substance incident, may be submitted. (3-31-22)
b. State emergency response teams and local emergency response agencies may submit claims within sixty (60) days of the termination of the incident, to the Military Division for reimbursement. The following documented costs, incurred as a result of their response to a hazardous substance incident may be submitted: (3-31-22)
i. Disposable materials and supplies acquired, consumed, and expended specifically for the purpose of the response; (3-31-22)
ii. Compensation of employees for the time and efforts devoted specifically to the response that are not otherwise provided for in the applicant's operating budget, (e.g., overtime pay for permanent fulltime and other than fulltime employees, recalled personnel or responding when out of jurisdiction); (3-31-22)
iii. Rental or leasing of equipment used specifically for the response (e.g., protective equipment or clothing, scientific and technical equipment); (3-31-22)
iv. Replacement costs for equipment owned by the applicant that is contaminated beyond reuse or repair, if the applicant can demonstrate that the equipment was a total loss and that the loss occurred as a result of the response (e.g., self-contained breathing apparatus irretrievably contaminated during the response); (3-31-22)
v. Decontamination of equipment contaminated during the response; (3-31-22)
vi. Special technical services required for the incident response (e.g., costs associated with the time and efforts of local and state personnel to recover the costs of response, and of technical experts/specialists not otherwise provided for by the local government); (3-31-22)
vii. Medical monitoring, treatment of response personnel, and rehabilitation costs as per 29 CFR 1910, 120; NFPA 1500; and NFPA 1584; and (3-31-22)
viii. Laboratory costs for purposes of analyzing samples taken during the response. (3-31-22)
c. Reimbursement for costs will not exceed the duration of the response. Reimbursements shall only be paid after the military division finds that the actions by the RRT, or the emergency response agency were taken in response to a hazardous substance incident as defined in this chapter. (3-31-22)
06. Liability for Response Costs - Non-Hazardous Substances. (3-31-22)
a. The spiller or transporter of non-hazardous substances shall be liable for the response costs of spills of non-hazardous substances when the spiller or transporter failed to comply with laws or regulations of the state or federal government which would have facilitated identification of the product as a non-hazardous substance. (3-31-22)
b. The person or entity requesting assistance in all other instances shall be liable for response costs to non-hazardous substances. (3-31-22)
101. -- 199. (RESERVED)
200. LERA (RULE 200).
01. Responsibility of Local Governments for Establishment of LERA. LERA means those persons or agencies designated under Section 39-7105, Idaho Code, by the city, or county to be the first response authority for hazardous substance incidents. (3-31-22)
02. LERA Powers and Duties. (3-31-22)
a. Respond: The LERA will provide response to all hazardous substances incidents in their jurisdiction and to any incidents that overlap jurisdictions in a fashion consistent with the Idaho Hazardous Materials/WMD Incident Command and Response Support Plan except as provided in a local emergency response plan. (3-31-22)
b. Initiate State Plan: The LERA may request state assistance consistent with the Idaho Hazardous Materials/WMD Incident Command and Response Support Plan through the State Communications Center. (3-31-22)
c. Right to Claim Reimbursement: The LERA may claim reimbursement or costs associated with a hazardous substance emergency directly from the spiller, shipper, transporter, property owner, occupant or party responsible for the hazardous substance incident or emergency. The LERA may, in the alternative, if the incident was reported to the State, submit claims to the Military Division within sixty (60) days after the termination of an incident for the reimbursement of documented costs listed in Section 39-7109, Idaho Code, incurred as a result of response to a hazardous substance incident. Reimbursement claims for those costs may not exceed the duration of the response. The LERA must provide a written incident report and any backup documentation to the Military Division containing the following information: (3-31-22)
i. Date and time of incident; (3-31-22) ii. Type of incident; (3-31-22) iii. Level of response required; (3-31-22) iv. Response action taken; (3-31-22) v. Time the incident commander declared the incident ended; (3-31-22) vi. Follow-up information; and (3-31-22) vii. Any other pertinent information such as responsible party etc. (3-31-22)
d. Local Planning: The LERA, as a member of the LEPC, should be an active participant in their jurisdictions emergency planning process. (3-31-22)
03. Training. Personnel responding to a hazardous substance emergency shall be trained, at a minimum, to the Hazardous Substance Operations level. In addition, all personnel must have training in the ICS and the NIMS set forth in the Idaho Hazardous Materials/WMD Incident Command and Response Support Plan. (3-31-22)
04. LERA Notification. (3-31-22)
a. Any spiller, shipper, transporter, property owner, occupant or other person with knowledge of a
hazardous substance incident shall notify the LERA of any spill or potential spill. (3-31-22)
b. Notification of the LERA may be through the local dispatch authorities or through the State Communications Center at 800-632-8000, or (208) 846-7610. The State Communications Center shall notify the Local Authority and the Military Division HAZMAT Duty Officer. (3-31-22)
c. The spiller, shipper, transporter, property owner, occupant or other person with knowledge of a hazardous substance incident notifying the LERA and State Communications Center shall provide their: (3-31-22)
i. Name; (3-31-22)
ii. Address and telephone number; (3-31-22)
iii. An address and telephone number where they can be reached for the duration of the incident. (3-31-22)
d. Such person shall remain available to the incident commander throughout the duration of the incident. (3-31-22)
201. -- 299. (RESERVED)
01. Submission of Claims and Forms. State RRTs and local emergency response agencies may submit claims within sixty (60) days of the termination of the incident to the State of Idaho, Military Division, for reimbursement of documented and reimbursable costs incurred as a result of their response to a hazardous or potentially hazardous substance incident. Reimbursable costs are those set forth in Section 39-7109, Idaho Code. (3-31-22)
02. Limitations for Seeking Reimbursement, Acceptance of Claims. Claims for reimbursement shall be submitted to the Military Division within sixty (60) days after termination of the hazardous substance incident for the State's determination of payment. Termination of the incident occurs when the Incident Commander declares the incident terminated. The Military Division will review the costs submitted and notify the response agency or agencies as to which costs disqualify for reimbursement within thirty (30) days of receipt. (3-31-22)
03. Claims Against Spiller or Other Responsible Party. (3-31-22)
a. Upon receipt and review of claims for reimbursement within sixty (60) calendar days after close of incident, the Military Division will compile a thirty (30) calendar day demand letter to the responsible party to be sent certified mail, as well as standard mail, with a copy of the complete packet. (3-31-22)
b. If responsible party does not respond or submit payment within thirty (30) calendar days of first letter, a ten (10) calendar day demand letter will be sent certified mail. (3-31-22)
c. If the responsible party has not responded to the ten-day letter; within ten (10) calendar days, a packet will be assembled for the A.G. This packet will include the entire file, and a letter to the A.G. explaining the steps taken and requesting their assistance in collecting the costs. (3-31-22)
d. If the responsible party does not respond to the A.G., upon their recommendation, the packet will be submitted to a Collection Agency. If the incident is submitted to a collection agency, the responsible party will incur additional costs. (3-31-22)
04. Cost Recovery, Deficiency Warrants. The Military Division is responsible for recovering documented and reimbursable costs incurred from the spiller. If a spiller is unknown, cannot be located, or refuses to pay upon demand, the Military Division will make recommendations as to payment to the Board of Examiners within one hundred twenty (120) days after termination of the hazardous substance incident. The Board of Examiners may authorize the issuance of deficiency warrants for the purpose of reimbursing reasonable and documented costs
associated with emergency response actions taken by response agencies. (3-31-22)
05. Civil Actions. It is the duty of the A.G. to commence any civil action brought by the Military Division pursuant to nonpayment from a spiller. At the request of the Military Division, a political subdivision of the state, or a local governmental entity that has responded to or contained a hazardous substance incident, the A.G. may commence a civil action on their behalf. (3-31-22)
301. DUTY TO COOPERATE (RULE 301).
01. Responding Agencies. Local emergency response authorities, first responders, and regional response teams shall cooperate with the Military Division and the A.G. in collecting and securing payment from the spiller or other responsible party. (3-31-22)
02. Cooperation Provided. Such cooperation includes, but is not limited to: (3-31-22) - a. Allowing lawsuits to be filed in the name of the local jurisdiction, LERA, or regional response team; (3-31-22) - b. Providing testimony and assistance in preparing for trial; (3-31-22) - c. Investigation; (3-31-22) - d. The collection of evidence, including securing photographs or videotape of the spill site; and (3-31-22) - e. Providing relevant test data. (3-31-22)
302. -- 999. (RESERVED)