Idaho State Statutes - Idaho Attorney Directory

(1) Any person
who owns, controls, transports, or causes the release of a hazardous 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 hazardous substance involved taking into
consideration the characteristics of the hazardous 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.

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