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

Proposed rule scheduled for publication in the Idaho Administrative Bulletin on September 2, 2020; comment deadline September 30, 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.

Negotiated Rulemaking Meeting Schedule

No additional meetings are scheduled.

Previous Meetings

April 02, 2020 - Agenda | Participant List

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. 4

7/23/20 NA

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.

 

 

   

 

Written Public Comments

 Comment Submitted by Date Received
Comment on Negotiated Rule Draft No. 3 Fred Vengrouskie, Maple Leave Environmental Services, on behalf of Eljen Corporation 4/7/20
Comment on Negotiated Rule Draft No. 3 Public Health District 4 3/26/20
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
Peter Adams
DEQ State Office
Water Quality Division
1410 N. Hilton
Boise, ID 83706
(208) 373-0464
Peter.Adams@deq.idaho.gov

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