Idaho State Statutes - Idaho Attorney Directory

(1) Notwithstanding the provisions of section 41-4912(1)(g), Idaho Code, an
owner or operator of a petroleum storage tank or tanks located on a site where
contamination is present may be eligible for insurance covering the petroleum
storage tanks located on that site if the contamination does not pose a threat
to public health, safety or the environment, or was not caused by or released
by or from the tank, or if multiple tanks are present on the site, any one (1)
of the tanks, for which insurance coverage is sought; provided, however, that
the trust fund shall not pay for any corrective action costs or compensation
to third parties for bodily injury or property damage arising from the prior
contamination present at the site.
(2) Any contamination caused by or released by or from the tank or tanks
which may migrate off-site; contaminate ground water; exceed federal or state
standards, guidelines, criteria or contaminant levels for ground water or
drinking water; or pose a fire, explosion or safety hazard may be deemed by
the administrator to present a threat to public health, safety or the
environment. An owner or operator of such petroleum storage tank or tanks will
not be eligible for insurance covering the petroleum storage tanks located on
that site unless the contamination has been cleaned up or a plan for cleanup
or removal approved pursuant to section 41-4912(1)(g), Idaho Code, is being
implemented.
(3) Contracts of insurance issued to an owner or operator of a petroleum
storage tank located on a site where contamination is present and where the
administrator has determined that the contamination does not pose a threat to
public health, safety or the environment, or was not caused by or released by
or from the tank or tanks shall exclude from coverage corrective action costs
and compensation to third parties for bodily injury or property damage arising
out of the prior contamination present at the site.

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