Cleaning of Septic Tanks: Docket No. 58-0115-1901 - Temporary Rule
Rulemaking initiated to adopt and re-publish existing and previously approved and codified rule chapters under IDAPA 58 rules of the Department of Environmental Quality.
Status of Rulemaking
Temporary rule adopted by the Board on May 16, 2019. Effective June 30, 2019. IDAPA 58.01.15 is proposed to be combined with IDAPA 58.01.03. See proposed rule docket 58-0103-1902.
June 30, 2019 (temporary)
|May 2019 Board of Environmental Quality Meeting|
Rulemaking Documents Required by Idaho Administrative Procedure Act
In May 2019, the Idaho Board of Environmental Quality adopted a temporary rule for the reauthorization of previously approved and codified rule chapter IDAPA 58.01.15, Rules Governing the Cleaning of Septic Tanks. The temporary rule was effective June 30, 2019, and published in the Idaho Administrative Bulletin, Notice of Rulemaking – Adoption of Temporary Rule, July 3, 2019, Vol. 19-7.
When the temporary rule was adopted and then published in the Idaho Administrative Bulletin, it was DEQ’s intent to follow up with publication of a proposed rule. However, upon review of its administrative rules, DEQ determined that two rule chapters could be consolidated into a single chapter. Under Docket No. 58-0103-1902, DEQ proposes to combine IDAPA 58.01.15, Rules Governing the Cleaning of Septic Tanks, with IDAPA 58.01.03, Individual/Subsurface Sewage Disposal Rules, by moving IDAPA 58.01.15, Sections 003 and 004, into IDAPA 58.01.03 as new sections 050 and 051.
This rulemaking action is in response to Executive Order No. 2019-02, Red Tape Reduction Act, issued by Governor Little on January 21, 2019.
After consideration of public comments on proposed rule 58-0103-1902, DEQ intends to present the final proposal to the Board in November 2019 for adoption of a pending rule. The rule is expected to be final and effective upon adjournment of the 2020 legislative session if adopted by the Board and approved by the Legislature. Temporary rule IDAPA 58.01.15 will expire at that time.
Temporary Rule Justification
Pursuant to Section(s) 67-5226(1) and 67-5226(2), Idaho Code, the Governor has found that temporary adoption is appropriate for the following reasons:
These temporary rules are necessary to protect the public health, safety, and welfare of the citizens of Idaho and confer a benefit on its citizens. These previously approved and codified rules implement the duly enacted laws of the state of Idaho, provide citizens with the detailed rules and standards for complying with those laws, and assist in the orderly execution and enforcement of those laws. The expiration of these rules without due consideration and processes would undermine the public health, safety and welfare of the citizens of Idaho and deprive them of the benefit intended by these rules. The Department of Environmental Quality (DEQ) would not be able to fulfill its statutory obligations without these rules. These rules are central to DEQ’s mission to protect human health and the quality of Idaho’s air, land, and water.
Pursuant to Section 67-5220(2), Idaho Code, negotiated rulemaking was not feasible because of the need to adopt the rules as temporary, and because these existing chapters of IDAPA are being re-published and re-authorized. Negotiated rulemaking also is not feasible because of the need to implement these rules before they expire; the rules form the regulatory framework of the laws of this state and have been previously promulgated and reviewed by the Legislature pursuant to the Idaho Administrative Procedures Act, Chapter 52, Title 67, Idaho Code; and because engaging in negotiated rulemaking for all previously existing rules will inhibit the agency from carrying out its ability to serve the citizens of Idaho and to protect their health, safety, and welfare.