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Committee approves rewrite of septic rules to streamline permitting and update technical requirements
Summary
The committee approved DEQ’s rewrite of IDAPA rules governing on-site wastewater (septic) systems, which updates definitions, raises installer bonds, increases minimum tank sizes and reduces some setback distances while moving parts of the technical guidance manual into rule.
The committee approved a comprehensive rewrite of Idaho Administrative Procedure Act (IDAPA) rules governing on-site decentralized wastewater disposal, moving several technical guidance elements into rule and updating design and permitting requirements.
Mary Ann Nelson, Surface and Wastewater Division Administrator for the Department of Environmental Quality (DEQ), told the committee the rewrite was done under the governor’s 0-based regulation review and aims to “reduce overall regulatory burden, streamline various provisions, and increase clarity and ease of use.” She said the department reduced the chapter’s word count by more than 1,000 words and removed archaic language such as the word “shall.”
Key changes presented include revised and consolidated definitions (for example, alternative and standard systems), simplified septic-tank approval processes, elimination of some requirements for large septic tanks, consolidation of tank-cleaning provisions, simplification of permitting for service providers and relocation of certain technical guidance manual (TGM) provisions into rule. Nelson said the TGM will continue as a product of the technical guidance committee and be used to apply site-specific adjustments.
The rule increases bond requirements for installers and service providers from $5,000 to $10,000 and raises the minimum single-tank capacity referenced in rule to 1,000 gallons, reflecting what Nelson called “standard industry practice.” The rewrite also requires risers to the surface for newly installed tanks and removes several duplicative subsections.
DEQ proposed a substantive reduction in the setback distance between drain fields and some features, including surface waters and double-encased water lines; Nelson said the department reviewed neighboring states’ rules and newer research on nutrient transport and concluded the prior 300-foot setback in the 1990 rulemaking lacked documented justification. She told the committee the revised setback values reflect “our increased understanding and have been allowed on a case by case basis by the TGC based on the TGM.”
Committee members asked clarifying questions about the move of material from the TGM into rule, the effect on the definition of wastewater (Nelson said there was no substantive change; the definition now points to the wastewater chapter), the increase in installer bond amounts (Nelson cited inflation and higher replacement costs), and whether concrete tanks are being phased out (Nelson said plastic tanks are approved in the TGM and that concrete tanks can be problematic in some cases).
A motion to approve the rule (docket 58-01-03-2301) was made and seconded; the committee approved the docket by voice vote.
The rewrite affects permitting and technical requirements implemented by local health districts under contract with DEQ. DEQ said the TGM will still guide site-specific and engineering decisions but that several requirements previously only in guidance will now be codified in rule, which will put them within the formal rulemaking and legislative review process.
