Idaho Admin. Code r. 58.01.03.005

Current through September 2, 2024

Section 58.01.03.005 - PERMIT AND PERMIT APPLICATION

01.Permit Required. Except as specified in Subsection 005.02 it shall be unlawful for any person to cause or to perform the modification, repair or construction of any individual or subsurface sewage disposal system within the state of Idaho unless there is a valid installation permit authorizing that activity.

02.Exceptions to Permit Requirement. The activities listed in this subsection may be lawfully performed in the absence of a valid installation permit. They are, however, subject to all other relevant rules and regulations.

a. Portable nondischarging systems may be installed where needed as temporary blackwaste or wastewater systems if they are properly maintained and if they are of a design which has been approved by the Director.

b. Individual and subsurface systems may be repaired when needed as a result of clogged or broken solid piping or of malfunctions in an electrical or mechanical system. Such repair may not expand the system unless authorized by the Director.

03.Permit Application. The owner of the system or the owner's authorized representative shall make application to the Director in writing and in a manner or form prescribed by the Director.

04.Contents of Application. A permit application will be used to help determine if the proposed construction will be in conformance with applicable rules and regulations. Information required in the application may include, but is not limited to:

a. The name and address of the owner of the system and of the applicant, if different;

b. The legal description of the parcel of land;

c. The type of establishment served;

d. The maximum number of persons served, number of bedrooms, or other appropriate measure of wastewater flow;

e. The type of system;

f. The construction activity (new construction, enlargement, repair);

g. A scaled or dimensioned plot plan including, if needed, adjacent properties illustrating:

i. The location and size of all existing and proposed wastewater systems including disposal field replacement areas;

ii. The location of all existing water supply system features;

iii. The location of all surface waters;

iv. The location of scarps, cuts, and rock outcrops;

v. Land elevations, surface contours, and ground slopes between features of interest;

vi. Property lines, easements, and rights-of-way; and

vii. Location and size of buildings and structures.

h. The plans and specifications of the proposed system which include:

i. Diagrams of all system facilities which are to be made or fabricated at the site;

ii. The manufacturer's name and identification of any component approved pursuant to Sections 007 and 009; and

iii. List of materials.

i. Soil description and profile, groundwater data, percolation or permeability test results and/or a site evaluation report;

j. The nature and quantity of blackwaste and wastewater which the system is to receive including the basis for that estimate;

k. Proposed operation, maintenance, and monitoring procedures to insure the system's performance and failure detection;

l. Copies of legal documents relating to access and to responsibilities for operation, maintenance, and monitoring;

m. A statement from the local zoning or building authority indicating that the proposed system would not be contrary to local ordinances;

n. The signature of the owner of the proposed system and, if different, of the applicant; and

o. Any other information, document, or condition that may be required by the Director to substantiate that the proposed system will comply with applicable rules and regulations.

05.Basis for Permit Application Denial. The Director may deny a permit application if in the Director's judgment:

a. The application is incomplete, inaccurate, or misleading;

b. The system as proposed is not in compliance with applicable rules and regulations;

c. The system as proposed would, when put into use, be considered a failing system;

d. The design and description of a public system was not made by a professional engineer;

e. Public or central wastewater treatment facilities are reasonably accessible.

06.Notice of Denial. Upon denial of an application the Director shall notify the applicant of the reason for denial.

07.Issuance of Permit. When, in the opinion of the Director the system as proposed will be in conformance with applicable rules and regulations, the Director shall issue an "Individual and Subsurface System Installation Permit".

08.Application and Permit Valid for One Year. Unless otherwise stated on the application or permit, it shall become invalid if the authorized construction or activity is not completed and approved within one (1) year of the date of issuance.

09.Permit Renewal. At the discretion of the Director, a permit may be renewed one (1) or more times upon request by the applicant or owner provided that the request is received by the Director prior to the permit's date of expiration.

10.Immediate Effect of the Permit. A valid permit authorizes the construction of an individual or subsurface system and requires that the construction be conducted in compliance with plans, specifications, and conditions contained in the approved permit application. Any deviation from the plans, specifications, and conditions is prohibited unless it is approved in advance by the Director.

11.Cottage Site Facility Certification. A valid permit shall constitute certification and approval for the purposes of Section 39-3637, Idaho Code.

12.Existing Installation Permits. Individual and subsurface sewage disposal installation permits or other lot-specific approvals for systems issued prior to February 7, 1978, pursuant to Idaho Code Title 39, Chapter 1 and Title 39, Chapter 36, will become invalid one (1) year after written notice is given by the Director notifying the owner or holder of such a permit or approval that the permit or approval will no longer be valid unless construction or installation of the system provided for in the permit or approval is commenced within one (1) year after giving of the notice. This provision does not apply to certificates filed to satisfy a sanitary restriction pursuant to Section 50-1326, Idaho Code.

13.Abandonment May Be Required. The Director may require as a condition for issuing a permit that the system be abandoned by a specified date or under specific predetermined circumstances. The date or circumstances will be established before the issuance of the permit and be contained in the permit application. These conditions may relate to a specific date, dwelling density, completion of a municipal system or other circumstances relative to the availability of central sewerage system services.

14.Operation, Maintenance and Monitoring.

a. The Director may require as a condition of issuing a permit, that specific operation, maintenance, and monitoring procedures be observed. Those procedures will be contained in the installation permit.

b. All operation, maintenance, and monitoring requirements of installation permits including effluent sampling shall be perpetual unless:

i. The system is not installed;

ii. The system is removed, abandoned, or replaced; or

iii. The permit is amended or revoked by the Director.

c. If a system gains approval as described by the TGM, sampling requirements may be removed.

15.As-Built Plans and Specifications. The Director may require as a condition of issuing a permit, that complete and accurate record drawings and specifications depicting the actual construction be submitted to the Director within thirty (30) days after the completion of the construction. Alternately, if the construction proceeded in compliance with the approved plans and specifications, a statement to that effect may be submitted.

16.Permit Fee. All applications shall be accompanied by payment of the fee specified in IDAPA 58.01.14, Section 110, "Rules Governing Fees for Environmental Operating Permits, Licenses, and Inspection Services".

Idaho Admin. Code r. 58.01.03.005

Effective March 31, 2022