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Individual/Subsurface Sewage Disposal: Docket No. 58-0103-1901

Rulemaking initiated in response to challenges made in enforcing and updating portions of the Technical Guidance Manual for Individual Subsurface Sewage Disposal Systems (TGM).

Status of Rulemaking

Pending rule revisions included in Omnibus Docket No. 58-0000-2100 adopted as temporary rules with an effective date of July 1, 2021.

Overview

This rulemaking was initiated in response to challenges made in enforcing and updating portions of the Technical Guidance Manual for Individual Subsurface Sewage Disposal Systems (TGM). The rules currently only specify the requirements for standard individual/subsurface sewage disposal systems to be installed in Idaho, while leaving the majority of the requirements for alternative/proprietary systems in the TGM.  Currently, if a standard system cannot be installed on a parcel, an alternative system may be permitted if it is approved by the Director and in accordance with the recommendations of the Technical Guidance Committee as documented in the TGM.

This proposed rule revises the Individual/Subsurface Sewage Disposal System Rules and Rules for Cleaning of Septic Tanks, IDAPA 58.01.03, by adding into the rules requirements applicable to facilitate the permitting, design, and construction activities for alternative and/or proprietary systems currently in the TGM. The proposed rule also clarifies the operation and maintenance requirements currently required for all systems as well as service provider responsibilities and provides the basis under which approved systems may be revoked or amended.

Negotiated Rulemaking Meeting Schedule

No additional negotiated rulemaking meetings are scheduled.

Method for Participating and Submitting Comments

Those interested in participating in the negotiated rulemaking process are encouraged to attend the scheduled meeting via telephone and video conferencing. Individuals interested in participating should contact Paula Wilson.

For those who cannot participate by attending the meeting, public comment opportunities will be made available throughout the rulemaking process.

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

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Proposed Rule   Comment Deadline
Notice of Rulemaking – Proposed Rule   9/30/20
Negotiated Rule Documents and Meeting Presentations Date Posted Date of Meeting Discussion Written Comment Deadline

Negotiated Rule Draft No. 5

8/24/20

N/A

This draft includes revisions based on review by the Division of Financial Management for compliance with Executive Order No. 2020-01, Zero-Based Regulation, and has been formatted for publication as a proposed rule.

Negotiated Rule Draft No. 4 7/23/20 N/A DEQ is not requesting public comments on this draft. The next comment period will commence upon publication of the proposed rule in the Idaho Administrative Bulletin on September 2, 2020. Proposed rule comment deadline September 30, 2020.
Negotiated Rule Draft No. 3 3/25/20 4/2/20 4/14/20
Negotiated Rule Draft No. 2 12/2/19 12/12/19 1/9/20
Preliminary Draft Rule (Draft No. 1) 9/4/19 9/18/19 10/2/19
Individual/Subsurface Sewage Disposal Rules Negotiated Rulemaking July 10, 2019  DEQ PowerPoint Presentation 7/10/19 7/10/19 7/24/19
A preliminary draft rule was not posted for public review prior to the first meeting. The first meeting has been scheduled for the purpose of discussing amendments to the Individual/Subsurface Sewage Disposal Rules, IDAPA 58.01.03, to address
alternative systems, and setting a path forward.

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CommentSubmitted byDate Received
Comment on Proposed RulePublic Health District 47/28/20
Comment on Negotiated Rule Draft No. 3Fred Vengrouskie, Maple Leave Environmental Services, on behalf of Eljen Corporation4/7/20
Comment on Negotiated Rule Draft No. 3Public Health District 43/26/20
Comment on Negotiated Rule Draft No. 2Public Health District 412/17/19
Comment on Preliminary Draft Rule (Draft No. 1)South Central Public Health District (SCPHD)10/2/19
Comment on Preliminary Draft Rule (Draft No. 1)Public Health Districts 2 & 410/2/19
Comment on Preliminary Draft Rule (Draft No. 1)Dick Bachelder on behalf of Infiltrator Water Technologies and Presby Environmental10/2/19
Comment on Preliminary Draft Rule (Draft No. 1)Fred Vengrouskie on behalf of Eljen Corporation9/18/19
Comment on 7/10/19 meeting presentation Stuart Crane 7/24/19
Comment on 7/10/19 meeting presentationEnvironmental Health Directors Working Group7/24/19
Comment on 7/10/19 meeting presentationClark Filip, Public Health  Idaho North Central District7/10/19
CommentSteve Butler, Civil Engineer, Blaine County7/2/19

07/01/21

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