The Department of Environmental Quality (DEQ) has initiated this rulemaking to allow for the creation of a combined very small wastewater treatment and collection system classification for communities with 500 connections or less.  Operators struggle with obtaining the various licenses currently required for the different aspects of very small facility operation.  This difficulty in obtaining more than one license results in there being too few properly licensed operators.  This lack of properly licensed operators places the facilities in danger of being out of compliance with the rules that require they use the services of properly licensed operators.  Smaller systems, due to their relative simplicity of operation, are good candidates for operation by individuals with combined licenses.  Associated with this rulemaking is the need for the Idaho Bureau of Occupational Licenses (IBOL) to establish a very small wastewater system operator license.  DEQ is working with IBOL to coordinate rulemaking activities.

Cities, water and sewer districts, homeowner associations, private wastewater contractors, operators, the Association of Idaho Cities, the Idaho Rural Water Association, and the Pacific Northwest Clean Water Association – Idaho Sections (North Idaho, Southeast and Southwest Idaho Operator Sections) may be interested in commenting on this proposed rule.  The proposed rule text is in legislative format.  Language the agency proposes to add is underlined. Language the agency proposes to delete is struck out.  It is these additions and deletions to which public comment should be addressed.

After consideration of public comments, DEQ intends to present the final proposal to the Board of Environmental Quality at the October 2009 Board meeting for adoption as a pending rule.  The rule is expected to be final and effective upon the adjournment of the 2010 legislative session if adopted by the Board and approved by the Legislature. This rule was adopted as a temporary rule by the Board in February 2009 and is currently effective.

The text of the rule has been drafted based on discussions held and concerns raised during negotiations conducted pursuant to Idaho Code Section 67-5220 and IDAPA 58.01.23.810-815. On December 3, 2008, the Notice of Negotiated Rulemaking was published in the Idaho Administrative Bulletin, Vol. 08-12, pages 123 through 124, and a preliminary draft rule was made available for public review.  One meeting was held on December 16, 2008.  Members of the public participated in this negotiated rulemaking process by attending the meeting.