The purpose of this rulemaking is to provide for a revised method to estimate wastewater flow from single family dwellings that is more consistent with domestic water usage statewide. The proposed revisions would provide for a more refined soil classification system which will allow more precise sizing of drainfields. The rule would also provide a definition of "module" to assist understanding and applicability of the rule within the regulated community.

DEQ published notice of this negotiated rulemaking in the May 2008 issue of the Idaho Administrative Bulletin.  In the May 2008 notice, two meetings were scheduled.  The first meeting was held on May 22, 2008; the second meeting is scheduled for June 5, 2008.  The May 2008 notice included the following items as issues to be addressed during this negotiated rulemaking:

1. Add a definition for the term "module";
2. Revise the wastewater flow rates for single family dwellings; and
3. Refine the soil classification system from 3 to 6 soil types.

The purpose of publishing the amended notice is to notify the public that, in addition to the issues listed in the May 2008 notice, the Maximum Total Square Feet of Trench listed in the Subsurface Disposal Facility Table located in Subsection 009.04 will also be open for discussion and comment during this negotiated rulemaking.  If domestic wastewater flow rates are increased, the maximum allowable size for a standard drainfield must increase to be in balance with the increased wastewater flow rates.  

Local government, property owners, representatives of the building construction industry, and the public at large may be interested in participating in this rulemaking.  Upon conclusion of negotiations, DEQ intends to publish a proposed rule for public comment in the summer of 2008 and then present the final proposal to the Board of Environmental Quality for adoption of a pending rule in the fall of 2008. If adopted, the pending rule will be reviewed by the 2009 Idaho Legislature.

The negotiated draft rule can be obtained here or by contacting Paula Wilson at paula.wilson@deq.idaho.gov, (208)373-0418.  Anyone may submit written comments during this negotiated rulemaking to Paula Wilson by e-mail or fax to 373-0481.  For information regarding submission of written comments on subsequent drafts of the negotiated rule, and to receive the most recent version of the draft negotiated rule, contact Paula Wilson.

adm.idaho.gov/adminrules/bulletin/mstrtoc.htm

Notice of Negotiated Rulemaking - May 7, 2008

Amended Notice of Negotiated Rulemaking - June 4, 2008