Protecting Public Health and the Environment.

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

Rulemaking initiated in response to challenges made in enforcing and updating portions of the Technical Guidance Manual for Individual Subsurface Sewage Disposal Systems (TGM). This rule change will add a section to the rules to facilitate permitting, design, and construction activities for individual/subsurface sewage disposal systems in the state of Idaho by adding portions of the TGM into the rules. 

Status of Rulemaking

Negotiated rulemaking meeting April 2, 2020.

Rulemaking Documents Required by Idaho Administrative Procedure Act

Overview

This rulemaking has been initiated in response to challenges made in enforcing and updating portions of the Technical Guidance Manual for Individual Subsurface Sewage Disposal Systems (TGM). This rule change will add a section to the Individual/Subsurface Sewage Disposal System Rules, IDAPA 58.01.03, to facilitate permitting, design, and construction activities for individual/subsurface sewage disposal systems in the state of Idaho by adding portions of the TGM into the rules.

The rules only allow standard individual/subsurface sewage disposal systems to be installed in Idaho. 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. Additionally, IDAPA 58.01.03.004.09 states: “The manual maintained by the Technical Guidance Committee shall provide state-of-the art technical guidance on alternative sewage disposal components and systems, soil determination methodology and other information pertinent to the best management practices of individual and subsurface sewage disposal.”  Including portions of the TGM in the rules will help facilitate the permitting of alternative and/or proprietary individual/subsurface sewage disposal systems and will clarify the requirements applicable to these systems.

Method of Participation/Negotiated Rulemaking

Those interested in participating in the negotiated rulemaking process are encouraged to attend the meeting at one of the following locations.  The public may participate by telephone and web conferencing at any of the meeting locations or with individual connections. Individuals interested in participating by telephone and web conferencing should contact Paula Wilson by the date provided in the table below. For those who cannot participate by attending the meeting, written public comment opportunities will be made available throughout the negotiated rulemaking process. Any additional meeting dates will be posted below. To sign up for email notifications, contact Paula Wilson.

Negotiated Rulemaking Meeting Schedule

*ORIGINATING LOCATION – LIVE MEETING*
DEQ State Office
Conference Center
1410 N. Hilton, Boise, Idaho

April 2, 2020, 9 a.m. to 12:30 p.m. MDT

Contact Paula Wilson by March 26, 2020, to make arrangements for participation by telephone and web conferencing.
*TELEPHONE AND WEB CONFERENCE LOCATIONS*

DEQ Coeur d’Alene Regional Office
2110 Ironwood Parkway, Coeur d’Alene

DEQ Lewiston Regional Office
1118 F Street, Lewiston

DEQ Twin Falls Regional Office
650 Addison Avenue West, Suite 110
Twin Falls, Idaho

DEQ Pocatello Regional Office
444 Hospital Way #300, Pocatello

DEQ Idaho Falls Regional Office
900 N. Skyline, Suite B,
Idaho Falls

 

 

The meeting locations will be accessible to persons with disabilities, and language translators will be made available upon request. Requests for these accommodations must be made no later than five days prior to the meeting date. For arrangements, contact Paula Wilson.

Previous Meetings

December 12, 2019 - Agenda | Sign-in Sheets

September 18, 2019 - Agenda | Sign-in Sheets

July 10, 2019 - Agenda | Sign-in Sheets

Public Comment Opportunities

Submit all written comments by mail, fax or email to:

Paula Wilson
Idaho Department of Environmental Quality
1410 N. Hilton, Boise, ID  83706
Fax No. 208/373-0481, Paula.wilson@deq.idaho.gov

Draft Negotiated Rule and Meeting Presentations

Draft Negotiated Rule and Meeting Presentations Date Posted Date of Meeting Discussion Written Comment Deadline

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.

 

 

   

 

Written Public Comments

 Comment Submitted by Date Received
Comment on Negotiated Rule Draft No. 2 Public Health District 4 12/17/19
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 & 4 10/2/19
Comment on Preliminary Draft Rule (Draft No. 1) Dick Bachelder on behalf of Infiltrator Water Technologies and Presby Environmental 10/2/19
Comment on Preliminary Draft Rule (Draft No. 1) Fred Vengrouskie on behalf of Eljen Corporation 9/18/19
Comment on 7/10/19 meeting presentation  Stuart Crane  7/24/19
Comment on 7/10/19 meeting presentation Environmental Health Directors’ Working Group 7/24/19
Comment on 7/10/19 meeting presentation Clark Filip, Public Health – Idaho North Central District 7/10/19
Comment Steve Butler, Civil Engineer, Blaine County 7/2/19


Response to Comments/Negotiated Rulemaking

Document Date Posted
Response to Comments on Preliminary Draft Rule (Draft No. 1) - DEQ PowerPoint Presentation December 12, 2019 12/19/19
Response to Comments on 7/10/19 meeting presentation - DEQ PowerPoint Presentation September 18, 2019 9/18/19

 

 


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Staff Contacts

On-Site Wastewater Analyst
Vacant
DEQ State Office
Water Quality Division
1410 N. Hilton
Boise, ID 83706

Administrative Rules Coordinator
Paula Wilson
DEQ State Office
Attorney General's Office
1410 N. Hilton
Boise, ID 83706
(208) 373-0418
paula.wilson@deq.idaho.gov