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Committee approves rewrite of septic (IDAPA 58.01.03) rules; setbacks and tank, bonding changes highlighted
Summary
The Senate Resources & Environment Committee voted to approve a DEQ rewrite of IDAPA 58.01.03, updating Idaho's on-site wastewater (septic) rules and moving some technical guidance into rule.
The Senate Resources & Environment Committee voted to approve DEQ's proposed rewrite of IDAPA 58.01.03, a comprehensive update to Idaho's on-site wastewater (septic) rules, after a presentation and questions from Mary Ann Nelson, surface and wastewater division administrator for the Idaho Department of Environmental Quality (DEQ).
Nelson told the committee the rewrite was undertaken under the governor's zero-based regulation review. She said DEQ removed archaic language, reduced chapter word counts by more than 1,000 words, and moved some technical guidance into rule where provisions are requirements rather than guidance. "Protecting public health and the environment, wastewater has to be properly treated and disposed of," Nelson said as she summarized the docket.
Key substantive changes described in the presentation include revisions to definitions (adding terms such as absorption bed, drain field, minimum tank capacity), simplification of permitting and approval processes, a new minimum septic tank capacity increased from 750 gallons to 1,000 gallons, and an increase in bonding requirements for installers and service providers from $5,000 to $10,000 (with higher bonds noted for more complex projects). Nelson also described a reduction in some separation distances between drain fields and surface waters or utilities, a change DEQ staff said reflects updated technical understanding and recent research on nutrient movement.
Committee members asked about specific items: Senator Taylor asked whether the committee had discussed moving away from concrete tanks; Nelson said plastic tanks are already approved in the technical guidance manual. Senator Burton Shaw asked why bonding increased; Nelson replied it was to reflect inflation and higher replacement/repair costs, not a documented increase in faulty installations. Nelson explained the Technical Guidance Committee (TGC) meets quarterly and that some TGM (technical guidance manual) elements were moved into rule after review.
Action: Senator Hart moved to approve docket 58-0103-2301; Senator Harris seconded. The committee voice vote was recorded as aye and the rule passed.
The transcript records that DEQ conducted negotiated rulemaking with health district representatives, the attorney general's office, trade representatives, and the public; the draft was presented to DEQ's Board of Environmental Quality and approved on Nov. 14, 2024, before committee review. DEQ staff noted the revised rule removes a previously undocumented 300-foot setback in favor of updated, case-by-case setbacks supported by research and TGC review.
No amendments were recorded during committee action. Nelson indicated she would stand for further questions and follow-ups but the committee motion approved the rule as presented.
