Protecting Public Health and the Environment.

Individual/Subsurface Sewage Disposal: Docket No. 58-0103-1901 - Proposed Rule

Rulemaking initiated in response to challenges made in enforcing and updating portions of the Technical Guidance Manual for Individual Subsurface Sewage Disposal Systems (TGM).

Status of Rulemaking

November 19, 2020 Board meeting: Presentation of rule package for adoption of a pending rule.

Rulemaking Documents Required by Idaho Administrative Procedure Act

Overview

This rulemaking was initiated in response to challenges made in enforcing and updating portions of the Technical Guidance Manual for Individual Subsurface Sewage Disposal Systems (TGM). The rules currently only specify the requirements for standard individual/subsurface sewage disposal systems to be installed in Idaho, while leaving the majority of the requirements for alternative/proprietary systems in the TGM. Currently, if a standard system cannot be installed on a parcel, an alternative system may be permitted if it is approved by the Director and in accordance with the recommendations of the Technical Guidance Committee as documented in the TGM.   

This proposed rule revises the Individual/Subsurface Sewage Disposal System Rules and Rules for Cleaning of Septic Tanks, IDAPA 58.01.03, by adding into the rules requirements applicable to facilitate the permitting, design, and construction activities for alternative and/or proprietary systems currently in the TGM. The proposed rule also clarifies the operation and maintenance requirements currently required for all systems as well as service provider responsibilities and provides the basis under which approved systems may be revoked or amended.

Negotiated Rulemaking Meeting Schedule

No additional meetings are scheduled.

Previous Meetings

April 02, 2020 - Agenda | Participant List

December 12, 2019 - Agenda | Sign-in Sheets

September 18, 2019 - Agenda | Sign-in Sheets

July 10, 2019 - Agenda | Sign-in Sheets

Public Comment Opportunities

Submit all written comments by mail, fax or email to:

Paula Wilson
Idaho Department of Environmental Quality
1410 N. Hilton, Boise, ID  83706
Fax No. 208/373-0481, Paula.wilson@deq.idaho.gov

Draft Negotiated Rule and Meeting Presentations

Draft Negotiated Rule and Meeting Presentations Date Posted Date of Meeting Discussion Written Comment Deadline

Notice of Rulemaking - Proposed Rule

9/02/20 NA

9/30/20

Negotiated Rule Draft No. 5

8/24/20 NA

This draft includes revisions based on review by the Division of Financial Management for compliance with Executive Order No. 2020-01, Zero-Based Regulation, and has been formatted for publication as a proposed rule.

Negotiated Rule Draft No. 4

7/23/20 NA

DEQ is not requesting public comments on this draft. The next comment period will commence upon publication of the proposed rule in the Idaho Administrative Bulletin on September 2, 2020.

Proposed rule comment deadline September 30, 2020.

Negotiated Rule Draft No. 3

3/25/20 4/2/20 4/14/20

Negotiated Rule Draft No. 2

12/2/19 12/12/19 1/9/20

Preliminary Draft Rule (Draft No. 1)

9/4/19 9/18/19 10/2/19

Individual/Subsurface Sewage Disposal Rules Negotiated Rulemaking July 10, 2019 – DEQ PowerPoint Presentation

7/10/19 7/10/19 7/24/19

A preliminary draft rule was not posted for public review prior to the first meeting. The first meeting has been scheduled for the purpose of discussing amendments to the Individual/Subsurface Sewage Disposal Rules, IDAPA 58.01.03, to address alternative systems, and setting a path forward.

 

 

   

 

Written Public Comments

 Comment Submitted by Date Received
Comment on Proposed Rule Public Health District 4 7/28/20
Comment on Negotiated Rule Draft No. 3 Fred Vengrouskie, Maple Leave Environmental Services, on behalf of Eljen Corporation 4/7/20
Comment on Negotiated Rule Draft No. 3 Public Health District 4 3/26/20
Comment on Negotiated Rule Draft No. 2 Public Health District 4 12/17/19
Comment on Preliminary Draft Rule (Draft No. 1) South Central Public Health District (SCPHD) 10/2/19
Comment on Preliminary Draft Rule (Draft No. 1) Public Health Districts 2 & 4 10/2/19
Comment on Preliminary Draft Rule (Draft No. 1) Dick Bachelder on behalf of Infiltrator Water Technologies and Presby Environmental 10/2/19
Comment on Preliminary Draft Rule (Draft No. 1) Fred Vengrouskie on behalf of Eljen Corporation 9/18/19
Comment on 7/10/19 meeting presentation  Stuart Crane  7/24/19
Comment on 7/10/19 meeting presentation Environmental Health Directors’ Working Group 7/24/19
Comment on 7/10/19 meeting presentation Clark Filip, Public Health – Idaho North Central District 7/10/19
Comment Steve Butler, Civil Engineer, Blaine County 7/2/19


Response to Comments/Negotiated Rulemaking

Document Date Posted
Response to Comments on Preliminary Draft Rule (Draft No. 1) - DEQ PowerPoint Presentation December 12, 2019 12/19/19
Response to Comments on 7/10/19 meeting presentation - DEQ PowerPoint Presentation September 18, 2019 9/18/19

 

 


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Staff Contacts

On-Site Wastewater Analyst
Peter Adams
DEQ State Office
Water Quality Division
1410 N. Hilton
Boise, ID 83706
(208) 373-0464
Peter.Adams@deq.idaho.gov

Administrative Rules Coordinator
Paula Wilson
DEQ State Office
Attorney General's Office
1410 N. Hilton
Boise, ID 83706
(208) 373-0418
paula.wilson@deq.idaho.gov