Protecting Public Health and the Environment.

Individual/Subsurface Sewage Disposal: Docket No. 58-0103-1902 - Proposed Rule

Rulemaking initiated to adopt and re-publish existing and previously approved and codified rule chapters under IDAPA 58 rules of the Department of Environmental Quality.

Status of Rulemaking

Presentation to the Idaho Board of Environmental Quality for adoption of a pending rule: November 14, 2019.

Effective Date

June 30, 2019 (temporary)

November 2019 Board of Environmental Quality Meeting – Pending Rule 
 May 2019 Board of Environmental Quality Meeting - Temporary Rule

Rulemaking Documents Required by Idaho Administrative Procedure Act

Overview

This rulemaking adopts and re-publishes the following existing and previously approved and codified rule chapters under IDAPA 58 rules of the Department of Environmental Quality:

IDAPA 58.01.03, Individual/Subsurface Sewage Disposal Rules

This rulemaking also includes revisions made to IDAPA 58.01.03 in response to Executive Order No. 2019-02, Red Tape Reduction Act, issued by Governor Little on January 21, 2019.  Upon review of its existing rules, DEQ determined that two rule chapters could be consolidated into a single chapter. DEQ proposes to combine IDAPA 58.01.15, Rules Governing the Cleaning of Septic Tanks, with IDAPA 58.01.03, Individual/Subsurface Sewage Disposal Rules, by moving IDAPA 58.01.15, Sections 003 and 004, into IDAPA 58.01.03 as new sections 050 and 051.

IDAPA 58.01.03 and IDAPA 58.01.15 were adopted by the Idaho Board of Environmental Quality in May 2019, effective June 30, 2019, and published in the Idaho Administrative Bulletin, July 3, 2019, Vol. 19-7. After consideration of public comments on this proposed rule, DEQ intends to present the final proposal to the Idaho Board of Environmental Quality (Board) in November 2019 for adoption of a pending rule.  The rule is expected to be final and effective upon adjournment of the 2020 legislative session if adopted by the Board and approved by the Legislature. Temporary rule IDAPA 58.01.15 will expire at that time.

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: (208) 373-0481, paula.wilson@deq.idaho.gov

Comment Deadline

September 25, 2019

Written Public Comments on Proposed Rule

Submitted by  Date Received
 No comments were received.  

Temporary Rule Justification

Pursuant to Section(s) 67-5226(1) and 67-5226(2), Idaho Code, the Governor has found that temporary adoption is appropriate for the following reasons:                                                       

These temporary rules are necessary to protect the public health, safety, and welfare of the citizens of Idaho and confer a benefit on its citizens. These previously approved and codified rules implement the duly enacted laws of the state of Idaho, provide citizens with the detailed rules and standards for complying with those laws, and assist in the orderly execution and enforcement of those laws. The expiration of these rules without due consideration and processes would undermine the public health, safety and welfare of the citizens of Idaho and deprive them of the benefit intended by these rules. The Department of Environmental Quality (DEQ) would not be able to fulfill its statutory obligations without these rules. These rules are central to DEQ’s mission to protect human health and the quality of Idaho’s air, land, and water.

Negotiated Rulemaking

Pursuant to Section 67-5220(2), Idaho Code, negotiated rulemaking was not feasible because of the need to adopt the rules as temporary, and because these existing chapters of IDAPA are being re-published and re-authorized. Negotiated rulemaking also is not feasible because of the need to implement these rules before they expire; the rules form the regulatory framework of the laws of this state and have been previously promulgated and reviewed by the Legislature pursuant to the Idaho Administrative Procedures Act, Chapter 52, Title 67, Idaho Code; and because engaging in negotiated rulemaking for all previously existing rules will inhibit the agency from carrying out its ability to serve the citizens of Idaho and to protect their health, safety, and welfare.


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Staff Contacts

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