Idaho Admin. Code r. 58.01.16.409

Current through September 2, 2024

Section 58.01.16.409 - FACILITY AND DESIGN STANDARDS FOR MUNICIPAL WASTEWATER TREATMENT OR DISPOSAL FACILITIES: DEMONSTRATION OF TECHNICAL, FINANCIAL, AND MANAGERIAL CAPACITY

No person shall proceed, or cause to proceed, with construction of a new public wastewater system, a new private municipal treatment plant, a new wastewater treatment facility, or a new privately owned wastewater pumping station until it has been demonstrated to the Department that the wastewater system will have adequate technical, financial, and managerial capacity, as defined in Section 010 of these rules. Demonstration of capacity shall be submitted to the Department prior to or concurrent with the submittal of plans and specifications, as required in Section 39-118, Idaho Code, and Subsection 400.03 of these rules. The Department shall issue in writing its approval of the new system capacity demonstration.

01.Technical Capacity. In order to meet this requirement, the public wastewater system shall submit documentation to demonstrate the following:

a. The system meets the relevant design, construction, and operating requirements of these rules;

b. A plan is in place to deal with emergencies;

c. A plan exists for replacement or improvement of infrastructure as necessary; and

d. The system has trained personnel with an understanding of the technical and operational characteristics of the system.

02.Financial Capacity. A demonstration of financial capacity must include, but is not limited to, the following information:

a. Documentation that organizational and financial arrangements are adequate to construct and operate the wastewater system in accordance with these rules. This information can be provided by submitting estimated construction, operation, and maintenance costs, letters of credit, or other access to financial capital through public or private sources and, if available, a certified financial statement;

b. Demonstration of revenue sufficiency, that includes, but is not limited to, billing and collection procedures; a proposed rate structure which demonstrates the availability of operating funds; revenues for depreciation and reserves; and the ability to accrue a capital replacement fund. A preliminary operating budget shall be provided; and

c. Adequate fiscal controls must be demonstrated.

d. For private municipal wastewater treatment plants, a performance bond, maintenance bond, or cash reserve of one (1) year of operation and maintenance costs is required to ensure continuous and adequate operation and maintenance.

03.Managerial Capacity. In order to demonstrate adequate managerial capacity, the owner or operator of a new wastewater system shall submit at least the following information to the Department:

a. Clear documentation of legal ownership and any plans that may exist for transfer of that ownership upon completion of construction or after a period of operation;

b. The name, address, and telephone number of the person who will be accountable for ensuring that the wastewater system is in compliance with these rules;

c. The name, address, and telephone number of the responsible charge operator;

d. A description of the manner in which the wastewater system will be managed. Information such as by-laws, restrictive covenants, articles of incorporation, or procedures and policy manuals which describe the management organizational structure shall be provided;

e. A recommendation of staff qualifications, including training, experience, certification or licensing, and continuing education;

f. An explanation of how the wastewater system will establish and maintain effective communications and relationships between the wastewater system management, its customers, professional service providers, and any applicable regulatory agencies; and

g. Evidence of planning for future growth, equipment repair and maintenance, and long term replacement of system components.

04.Consolidation. In demonstrating new system capacity, the owner of the proposed new system must investigate the feasibility of obtaining wastewater service from an established public wastewater system. If such service is available, but the owner elects to proceed with an independent system, the owner must explain why this choice is in the public interest in terms of environmental protection, affordability to wastewater users, and protection of public health.

Idaho Admin. Code r. 58.01.16.409

Effective March 31, 2022