Idaho State Statutes - Idaho Attorney Directory

The remedies specified in this section are
cumulative and nonexclusive.
(1) Monetary penalties.
(a) Any person who makes a materially false statement or representation
in any application, label, manifest, record, report, permit, endorsement
or other document filed, maintained, or used for the purpose of complying
with the provisions of this chapter shall be liable for a civil penalty
not less than fifty dollars ($50.00) nor to exceed ten thousand dollars
($10,000) for each separate violation.
(b) Any person who violates this chapter or any permit, standard,
regulation, condition, or requirement issued or promulgated pursuant to
this chapter shall be liable for a civil penalty not less than fifty
dollars ($50.00) nor to exceed ten thousand dollars ($10,000) for each
separate violation.
(c) The imposition or computation of monetary penalties shall take into
account the seriousness of the violation and good faith efforts to comply
with the law.
(2) Assessment of costs. Any person who violates any of the provisions of
this chapter or any permit, standard, regulation, condition, or requirement
issued or promulgated pursuant to this chapter may be assessed for:
(a) The state's cost for any nonroutine investigations, inspections,
monitoring, or surveys which lead to evidence of the violation;
(b) The state's costs, and the costs of any political subdivision
including city, county and fire protection districts, including the
reasonable value of attorneys' services, for preparing and litigating the
case;
(c) The state's cost, and the costs of any political subdivision
including city, county and fire protection districts, for impounding,
storing, and disposing of contaminated property and for the cleanup of a
hazardous material or hazardous waste discharge;
(d) Compensation for damages to publicly held resources including, but
not limited to land, water, recreational uses, wildlife, fish and aquatic
life to restore the resource to its highest immediately previous uses. Any
such suit for damages to publicly held resources may be brought only by
the attorney general or prosecuting attorney for the county in which the
violation occurred;
(e) Compensation for damages to privately held resources including, but
not limited to livestock, land, water, or other personal property, and
compensation for court costs allowed by law, reasonable attorney's fees
for trial preparation and trial of the case, and all other reasonable
costs of trial preparation and trial of the case;
(3) Payment to hazardous materials/hazardous waste transportation
enforcement account. Moneys recovered pursuant to subsections (1) and (2) (a),
(c) and (d) of this section shall be paid into the hazardous
material/hazardous waste transportation enforcement account created in section
49-2205, Idaho Code. Moneys recovered under subsection (2)(b) of this section
shall not be paid into this account but shall be paid to those who rendered
services and incurred costs in litigating the case.
(4) Restraining orders, injunctions and other relief. Any person who
violates any provision of this chapter or any permit, standard, regulation, or
requirement issued or promulgated pursuant to this chapter shall be subject to
injunctive relief or other relief deemed appropriate. Upon a showing to the
court that a violation is causing an imminent hazard to the public health, the
public safety, or to the environment, the attorney general or prosecuting
attorney need not allege or prove at any stage of the proceeding that long
term irreparable damage will occur should the injunction or order not be
issued or that the remedy at law is inadequate.

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