Section 58.01.16.400 - REVIEW OF PLANS FOR MUNICIPAL WASTEWATER TREATMENT OR DISPOSAL FACILITIESPlans and specifications for municipal wastewater treatment or disposal facilities must comply with the facility and design standards set forth in Sections 410 through 599. If design issues are not addressed by the facility and design standards, then guidance documents, some of which are listed in Section 008, shall be used as guidance in the design and review of plans and specifications for municipal wastewater treatment or disposal facilities. See also Section 007.
01.Ownership. Documentation of the ownership and responsibility for operating the proposed system shall be made available to the Department prior to or concurrent with the submittal of plans and specifications as required in Subsection 400.03. The documentation must show the financial arrangements adequate to demonstrate the ability for construction and operation and maintenance of the system according to these rules. Documentation shall also include the name of the wastewater system; the name, address, and phone number of the wastewater treatment facility; and the name, address, and phone number of the responsible charge operator.02.Connection to Existing System. If the proposed project is to be connected to an existing wastewater system, a letter from the existing system must be submitted to the Department stating that the existing system will be able to provide services to the proposed project. The Department may require further documentation showing the ability of the existing system to provide service to the new system. This letter must be submitted prior to or concurrent with the submittal of plans and specifications as required in Subsection 400.03.03.Plan and Specification Review.a. Except as provided in Subsection 400.03.b., all plans and specifications for the construction of new sewage systems, sewage treatment plants or systems, other municipal wastewater treatment or disposal facilities, or for material modifications to existing sewage treatment plants or systems, municipal wastewater treatment or disposal facilities shall be submitted to the Department for review and approval before construction may begin and all construction shall be in substantial compliance therewith. This does not include plan and specifications for facilities for sludge disposal, but does include plans and specifications for treatment or storage of sludge. If construction does not commence within twelve (12) months of the Department's final approval of plans and specifications, the Department may require resubmittal of all or part of the plans and specifications for review. The Department shall review plans and specifications and endeavor to resolve design issues within forty-two (42) calendar days of submittal such that approval can be granted. If the Department and applicant have not resolved design issues within forty-two (42) calendar days or at any time thereafter, the applicant may file a written demand to the Department for a decision. Upon receipt of such written demand, the Department shall deliver a written decision to the applicant within no more than seven (7) calendar days explaining any reasons for disapproval. The Department shall maintain records of all written demands for decision made pursuant to Subsection 400.03.a. with such records including the final decision rendered and the timeliness thereof. No material deviation shall be made to the approved plans and specifications without the prior approval of the Department.b. Plans developed for simple wastewater main extensions, when such facilities will be owned and operated by a city, county, quasi-municipal corporation or regulated public utility, shall not require preconstruction approval by the Department, provided that such plans and specifications are reviewed and approved by a QLPE to verify compliance with the requirements of these rules prior to initiation of construction. At the discretion of the city, county, quasi-municipal corporation or regulated public utility, the plans addressed by this subsection may be referred to the Department for review and approval prior to initiation of construction. The Department has the authority to review plans and specifications approved by a QLPE and can require modifications if the plans and specifications do not meet facility and design standards. Any plans and specifications approved pursuant to Subsection 400.03.b. shall be transmitted to the Department at the time construction is authorized and shall be marked or stamped as "Approved for Construction." Along with the plans and specifications, the transmittal must include the items listed in Subsections 400.03.b.i. through 400.03.b.vii. The plans and specifications must be sealed, signed, and dated by the professional engineer in responsible charge of their preparation, and the approval or transmittal letter must be sealed, signed, and dated by the QLPE that is approving the plans and specifications.i. A statement that the author of the transmittal letter is the QLPE representing the city, county, quasi-municipal corporation or regulated public entity.ii. A statement that the extension project complies with the current facility plan or preliminary engineering report, or a statement that the sewer system/treatment facility has adequate capacity.iii. A statement from the city, county, quasi-municipal corporation or regulated public entity or its authorized agent that the wastewater system owner will serve the project.iv. A statement from the city, county, quasi-municipal corporation or regulated public entity or its authorized agent that the wastewater system owner will own and operate the project after construction is complete.v. A statement by the QLPE that the plans and specifications are approved for construction.vi. A statement by the QLPE that the plans and specifications comply with the facility standards within these rules.vii. A statement recommending whether sanitary restrictions can be released or should remain in force.c. Subsections 400.03.c.i. through 400.03.c.vi. outline the projects which QLPEs may approve and which QLPEs may not approve.i. A QLPE may approve plans and specifications for simple wastewater main extensions that will be able to discharge to an existing wastewater system owned by a city, county, quasi-municipal corporation, or regulated public utility at the time the extension is approved for construction by the QLPE.ii. A QLPE may approve plans for simple wastewater main extensions which will discharge to an existing wastewater system owned by a city, county, quasi-municipal corporation, or regulated public utility, but are unable to connect to the system at the time the extension is approved for construction by the QLPE, provided sanitary restrictions remain in force for the proposed extension.iii. A QLPE may not approve plans and specifications which include mechanical systems such as lift stations or treatment works.iv. A QLPE may not approve plans and specifications for projects which the QLPE was the design engineer or otherwise involved in the design.v. A QLPE employed by a city, county, quasi-municipal corporation, or regulated public utility may approve a design that was prepared by a subordinate engineer or an engineer from a separate design group within the city, county, quasi-municipal corporation, or regulated public utility.vi. A QLPE who is not employed by a city, county, quasi-municipal corporation, or regulated public utility, but is retained by a city, county, quasi-municipal corporation, or regulated public utility for the purpose of plan and specification review may not approve projects designed by the company with which the QLPE is employed.04.Professional Engineer. Plans and specifications for construction, alteration or expansion of any sewage system, sewage treatment plant or system, or other municipal wastewater treatment or disposal facility shall be prepared by or under the supervision of an Idaho licensed professional engineer and shall bear the imprint of the engineer's seal. Construction shall be observed by an Idaho licensed professional engineer or a person under the supervision of an Idaho licensed professional engineer.05.Record Plans and Specification.a. Within thirty (30) calendar days of the completion of construction of facilities covered by Subsection 400.03, record plans and specifications based on information provided by the construction contractor and field observations made by the engineer or the engineer's designee depicting the actual construction of facilities performed, must be submitted to the Director by the engineer representing the city, county, quasi-municipal corporation or regulated public utility that owns the project, or by the design engineer or owner-designated substitute engineer if the constructed facilities will not be owned and operated by a city, county, quasi-municipal corporation or regulated public utility. Such submittal by the engineer must confirm material compliance with the approved plans and specifications or disclose material deviations therefrom. If the construction does not materially deviate from the approved plans and specifications, the owner may have a statement to that affect prepared by an Idaho licensed professional engineer and filed with the Department in lieu of submitting a complete and accurate set of record drawings.b. Record plans and specifications, or a statement submitted in lieu of record plans and specifications, must be sealed, signed, and dated by the professional engineer in responsible charge of their preparation.06.Compliance With Applicable Standards and Rules. All plans and specifications submitted to satisfy the requirements of Sections 400 through 599 or approved in compliance with Sections 400 through 599, shall be in compliance with the requirements of these rules and shall conform in style and quality to regularly accepted engineering standards. The Department shall review plans and specifications to determine compliance with these rules and engineering standards of care. If the plans and specifications comply with these rules and engineering standards of care, the Department shall not substitute its judgment for that of the owner's design engineer concerning the manner of compliance with these rules.07.Waiver of Approval Requirement. The Department may waive the plan and specification approval for any particular facility or category of facilities which will have no significant impact on the environment or on the public health.08.Requirement to Have Approved Plans and Specifications and Approval Letter On-site During Construction. It is the responsibility of the owner to maintain one (1) copy of the approved plans and specifications and the approval letter from the reviewing authority on-site during construction at all times.09.Construction Inspection Requirement. Except as provided in Subsection 400.03.b., no construction shall commence until all of the necessary approvals have been received from the Department. The owner shall provide for the inspection of the construction of a municipal wastewater treatment or disposal facility by an Idaho licensed professional engineer to the extent required to confirm material compliance with the approved plans and to produce accurate record documents as required by Subsection 400.05.Idaho Admin. Code r. 58.01.16.400