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DEQ presents rewrite of on-site septic rules; committee approves IDAPA 58.01.03 revisions
Summary
The Department of Environmental Quality proposed a rewrite of on-site septic (subsurface sewage) rules to reduce regulatory burden, add clarity, update technical requirements, and move some technical guidance into rule. The committee approved the rulemaking after questions about setbacks, bonding, tank sizes and other changes.
The Idaho Department of Environmental Quality (DEQ) presented a comprehensive rewrite of rules governing on‑site decentralized wastewater disposal (IDAPA 58.01.03) and the Senate Environment and Energy Committee approved the proposed docket.
DEQ Surface and Wastewater Division Administrator Mary Ann Nelson summarized the rewrite as a 0‑based regulatory review intended to reduce regulatory burden, remove archaic language, simplify permitting, and move some requirements from the Technical Guidance Manual (TGM) into rule where they are de facto requirements. "The goal of this rule making is to perform a critical and comprehensive review of the entire chapter in an attempt to reduce overall regulatory burden, streamline various provisions, and increase clarity and ease of use," Nelson said.
Key substantive changes noted in the presentation include:
- Updating and consolidating definitions and removing duplicative language.
- Raising the minimum bond requirement for installers and service providers from $5,000 to $10,000 (and higher for more complex work), citing inflation and higher replacement costs.
- Increasing the minimum septic tank size in rule from 750 gallons to 1,000 gallons to reflect current industry practice.
- Requiring risers to the surface for all tanks installed moving forward.
- Reducing some setback distances between drain fields and features such as surface waters and double‑encased water lines; Nelson said Idaho’s prior 300‑foot setback, established in 1990, lacked documented justification and that the rule now aligns setbacks with updated scientific understanding and case‑by‑case evaluations through the TGM.
- Moving certain technical requirements from the TGM into rule and identifying other TGM elements that remain guidance, with the Technical Guidance Committee to continue periodic updates to the TGM.
Nelson said DEQ held two negotiated rulemaking sessions with health district representatives, the Attorney General’s Office, cities, sewer districts, industry, and other stakeholders; the draft rule was presented to and approved by DEQ’s Board of Environmental Quality on Nov. 14, 2024.
Committee members asked about the rationale for the setback change, the reason for higher bonds, and the change to minimum tank size. Nelson said the setbacks were revised based on recent research about nutrient movement and that bond increases reflect inflation and higher replacement costs rather than a rise in improper installations.
Senators moved and seconded a motion to approve the rulemaking; the committee approved the docket by voice vote.
