Under the provisions of IDAPA 58.01.16, Wastewater Rules, sewer expansions such as major collection and interceptor sewer projects, whether approved for construction by the Idaho Department of Environmental Quality (DEQ) or by a qualified licensed professional engineer (QLPE), require a facility plan or a facility plan update unless the existing approved facility plan covers the entire scope of the proposed extension. Facility plans are currently not required for minor or routine collection system projects. However, the determination of classification as major or minor collection interceptor sewer projects is currently made by DEQ based on review of the owner's recommended classification.  In 2005 the Idaho Legislature revised Idaho Code § 39-118 to allow sewer main extensions to be approved for construction by a QLPE without prior review by DEQ (2005 Senate Bill 1220). The requirement for an updated facility plan may preclude QLPE-approved sewer main extensions.  A requirement by DEQ that all portions of the system affected by the sewer main extension must be in compliance with the current rules, even though the system has sufficient capacity in the new service area, may also preclude QLPE-approved sewer main extensions.

DEQ is proposing this rule revision to allow a QLPE or DEQ review engineer to approve construction of a simple sewer main extension without first providing DEQ with an updated facility plan, provided that the sewer system has sufficient capacity to service the area served by the sewer main extension.  The rules define a simple sewer main extension as a new or replacement wastewater main(s) that will be connected by gravity, without the use of pumps or lift stations, to existing wastewater collection facilities that have the capacity to carry the additional wastewater flow.  The objective of this rulemaking is to modify the recently updated Wastewater Rules so that the engineering community can approve simple sewer main extensions as intended by 2005 Senate Bill 1220 as codified at Idaho Code § 39-118. 

The following list sets out the major issues included in the proposed rules:

1. Add and/or revise definitions (Section 010) and revise rule sections as necessary;
2. Revise Sections 400 and 401, review of plans and specifications;
3. Add new Section 409, Demonstration of Technical, Financial, and Managerial Capacity;
4. Modify the content of facility plans and preliminary engineering reports contained in Sections 410 and 411, respectively;
5. Clarify the requirements for operation and maintenance manuals (Section 425);
6. Clarify Subsection 430.02.o., Non-Potable Pipelines in Relation to Potable Water Pipelines;
7. Streamline the rules for private municipal wastewater treatment plants (Section 455);
8. Revise the lagoon separation distance requirement and clarify seepage testing requirements (Section 493);
9. Add requirements for septage transfer stations (Section 519);
10. Clarify operating criteria for public wastewater systems; and
11. Add new Section 660, Waivers.

This proposed rule also includes any necessary corrections that are typographical and nonsubstantive in nature (e.g., making corrections for consistency with other sections in this rule chapter, IDAPA 58.01.08, Idaho Rules for Public Drinking Water Systems, and other DEQ rules).  These proposed changes were made based on feedback from the regulated community and DEQ staff who routinely use the rules.

DEQ received no public comments; however, the definition of "reasonably accessible" has been revised for clarification purposes (Subsection 010.68).  The remainder of the rule has been adopted as proposed.