This rulemaking has been initiated to provide flexibility to the Department of Environmental Quality (DEQ) in its use of loan fees to meet statewide planning needs, to reduce administrative burden on a majority of wastewater loan recipients, and to achieve administrative efficiency.
The preliminary draft rule will include the following proposed revisions:
- Allow for funding to certain individuals to help address nonpoint source water pollution [Subsections 005.09., 005.24. and 005.34.].
- Make possible a reduced administrative burden by utilizing federal allowances that allow for flexibility in requiring federal consultations for certain loans [Subsection 042.08 .].
- Expand the use of wastewater loan fees to allow fees to supplement planning grants [Section 032.].
- In a very limited set of circumstances, allow for 30 year repayment periods (when DEQ purchases or refinances existing debt obligations) [Subsection 050.05.h.].
- Adopt existing state wastewater planning grant priority list scoring process so that the planning grants and the loans can be scored by the same criteria [Subsection 020.02].
- Align the definitions of "Point Source" and "Nonpoint Source Pollution" to clarify how loan applications should be classified [Subsections 005.23 and 005.27].
This rulemaking will also include any necessary corrections that are typographical and nonsubstantive in nature (e.g., making corrections for consistency with IDAPA 58.01.20, Rules for Administration of Drinking Water Loan Program, and other DEQ rules).
Cities, counties, districts, engineering firms, public health districts, soil conservation districts, nonprofit organizations (conservation/environmental/ agricultural), Association of Idaho Cities, Association of Idaho Counties, individual property owners and associations that own and operate wastewater treatment facilities or engage in or are considering nonpoint source projects may be interested in participating in this rulemaking. Some or all would have an interest in the ability of individuals to qualify for loans to address nonpoint source issues, reduction of administrative burden on the majority of loan applicants, and the expansion of the use of fees to meet increasing planning costs.
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. |
