reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.260 - VARIANCES FROM WATER QUALITY STANDARDS

Current through August 31, 2023
Variances from meeting certain water quality standards may be
				granted by the Department provided they are consistent with the following
				requirements: (3-31-22)
01.
Procedure
. Individual variances are to be pollutant and discharger
			 specific, and shall be granted pursuant to the following: (3-31-22)
a. Prior to granting a variance, the
			 Department will publish notice of the Department's tentative determination to
			 grant a variance and will receive written comments for not less than thirty
			 (30) days after the date the notice is published. The notice will contain a
			 clear description of the impacts of the variance upon the receiving stream
			 segment. The Department will also provide an opportunity for oral presentation
			 of comments, if requested in writing within fourteen (14) days of the notice,
			 by twenty-five (25) persons, a political subdivision, or an agency.
			 (3-31-22)
b. The Department's final
			 variance decision may be appealed pursuant to IDAPA 58.01.23, "Contested Case
			 Rules and Rules for Protection and Disclosure of Records." The Department will
			 maintain and make available to the public an updated list of variances.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.275 - SITE-SPECIFIC SURFACE WATER QUALITY CRITERIA

Current through August 31, 2023
01.
Procedures for Establishing Site-specific Water Quality Criteria
. The
			 water quality criteria adopted in these standards may not always reflect the
			 toxicity of a pollutant in a specific water body. These criteria also represent
			 a limited number of the natural and human-made chemicals that exist in the
			 environment which may pose a threat to designated or existing beneficial uses.
			 Thus, it may be possible in some water bodies to develop new water quality
			 criteria or modify existing criteria through site-specific analyses which will
			 effectively protect designated and existing beneficial uses. (3-31-22)
a. The following are acceptable conditions
			 for developing site-specific criteria: (3-31-22)
i. Resident species of a water body are more
			 or less sensitive than those species used to develop a water quality criterion.
			 (3-31-22)
(1) Natural adaptive processes have
			 enabled a viable, balanced aquatic community to exist in waters where natural
			 background levels of a pollutant exceed the water quality criterion (i.e.,
			 resident species have evolved a greater resistance to higher concentrations of
			 a pollutant). (3-31-22)
(2) The
			 composition of aquatic species in a water body is different from those used to
			 derive a water quality criterion (i.e., more or less sensitive species to a
			 pollutant are present or representative of a water body than have been used to
			 derive a criterion). (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.278 - LOWER BOISE RIVER SUBBASIN, HUC 17050114 SUBSECTION 140.12

Current through August 31, 2023
01.
Boise River, SW-1 and SW-5 --
			 Salmonid Spawning and Dissolved Oxygen
. The waters of the Boise River
			 from Veterans State Park to its mouth will have dissolved oxygen concentrations
			 of six (6) mg/l or seventy-five percent (75%) of saturation, whichever is
			 greater, during the spawning period of salmonid fishes inhabiting those waters.
			 (3-31-22)
02.
Boise River,
			 SW-5 and SW-11a -- Copper and Lead Aquatic Life Criteria
. The
			 water-effect ratio (WER) values used in the equations in Subsection
			 210.02 for calculating copper
			 and lead CMC and CCC values shall be two and five hundred seventy-eight
			 thousandths (2.578) for dissolved copper and two and forty-nine thousandths
			 (2.049) for lead. These site-specific criteria shall apply to the Boise River
			 from the Lander St. wastewater outfall to where the channels of the Boise River
			 become fully mixed downstream of Eagle Island. (3-31-22)
03.
Indian Creek, SW-3a --
			 Site-Specific Criteria for Water Temperature
. A maximum weekly maximum
			 temperature of thirteen degrees C (13ºC) to protect brown trout and
			 rainbow trout spawning and incubation applies from October 15 through June 30.
			 (3-31-22)
04.
Boise River,
			 SW-5 and SW-11a -- Site-Specific Criteria for Water Temperature
. A
			 maximum weekly maximum temperature of thirteen degrees C (13ºC) to protect
			 brown trout, mountain whitefish, and rainbow trout spawning and incubation
			 applies from November 1 through May 30. (3-31-22)
05.
Point Source Thermal Treatment
			 Requirement
. With regard to the limitations set forth in Section
			 401 relating to point source
			 wastewater discharges, only the limitations of Subsections
			 401.01.a. and 401.01.b. and
			 the temperature limitation relating to natural background conditions shall
			 apply to discharges to any water body within the Lower Boise River Subbasin.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.280 - ROCK CREEK, CEDAR DRAW, DEEP CREEK AND BIG WOOD RIVER - CANAL SYSTEM

Current through August 31, 2023
01.
Rock Creek, Cedar Draw, and Deep
			 Creek
. For the purposes of water quality protection, the following
			 waterways are recognized as used by the Twin Falls Canal Company as spillways,
			 collection and conveyance facilities and such waterways shall also be protected
			 for those uses: Rock Creek from the intersection with the High Line Canal of
			 the Twin Falls Canal System to the mouth; Cedar Draw from the intersection with
			 the High Line Canal of the Twin Falls Canal System to the mouth, Deep Creek
			 from the intersection with the High Line Canal of the Twin Falls Canal system
			 to the mouth, all in Twin Falls County. (3-31-22)
02
Big Wood River -- Canal
			 System
. For the purposes of water quality protection, the following
			 waterway is also recognized as used by the North Side Canal Company for the
			 purposes of conveying canal water and shall also be protected for that use: Big
			 Wood River from the point of union with the North Side Canal System, located in
			 Section 31, T. 5 S.,
			 R. 15 E., Boise Meridian, downstream to the last irrigation diversion of the
			 North Side Canal Company from the Malad River located in Section
			 25, T. 6 S., R. 13 E., Boise
			 Meridian. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.283 - SPOKANE RIVER, SUBSECTION 110.12, HUC 17010305, UNITS P-3 AND P-4, SITE-SPECIFIC CRITERIA FOR AMMONIA

Current through August 31, 2023
The following criteria are to be met dependent upon the
				temperature, T (degrees C), and pH of the water body: (3-31-22)
01.
Acute Criterion (Criterion Maximum
			 Concentration (CMC))
. The one (1) hour average concentration of total
			 ammonia nitrogen (in mg N/L) is not to exceed, more than once every three (3)
			 years, the value calculated using the following equation:
Click
				here to view image
(3-31-22)
02.
Chronic Criterion (Criterion
			 Continuous Concentration (CCC))
. (3-31-22)
a. The thirty (30) day average concentration
			 of total ammonia nitrogen (in mg N/L) is not to exceed, more than once every
			 three (3) years, the value calculated using the following equation:
Click
				here to view image
(3-31-22)
b.
			 The highest four (4) day average within the thirty (30) day period should not
			 exceed two and five tenths (2.5) times the CCC. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.284 - SOUTH FORK COEUR D'ALENE SUBBASIN, SUBSECTION 110.09, HUC 17010302, AQUATIC LIFE CRITERIA FOR CADMIUM, LEAD AND ZINC

Current through August 31, 2023
The following criteria are to be met dependent upon the
				hardness, expressed as mg/l of calcium carbonate, of the water. Criterion
				maximum concentrations (CMC), one (1) hour average concentrations, and
				criterion continuous concentrations (CCC), four (4) day average concentrations,
				of the dissolved metals (in pg/l) are not to exceed, more than once every three
				(3) years, the values calculated using the following equations:
				(3-31-22)
01.
Cadmium
.
			 (3-31-22)
a. CMC = 0.973 x
			 e[(1.0166 x ln(hardness)) - 3.924]
			 (3-31-22)
b. CCC = [1.101672 - (ln
			 (hardness) x 0.041838] x e[(0.7852 x ln(hardness)) -
				3.490] (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.285 - SNAKE RIVER, SUBSECTION 140.13, HUC 17050115, UNIT SW1; AND SUBSECTION 140.19, HUC 17050201, UNITS SW1, SW2, SW3 AND SW4, SITE-SPECIFIC CRITERIA FOR WATER-COLUMN DISSOLVED OXYGEN

Current through August 31, 2023
A minimum of six and five-tenths (6.5) mg/l of water-column
				dissolved oxygen shall be met in the Snake River from the Idaho/Oregon border
				to Hell's Canyon Dam. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.286 - SNAKE RIVER, SUBSECTION 130.01, HUC 17060101, UNIT S1, S2, AND S3; SITE-SPECIFIC CRITERIA FOR WATER TEMPERATURE

Current through August 31, 2023
Weekly maximum temperatures (WMT) are regulated to protect fall
				chinook spawning and incubation in the Snake River from Hell's Canyon Dam to
				the confluence with the Salmon River from October 23 through April 15. Because
				the WMT is a lagged seven (7) day average, the first WMT is not applicable
				until the seventh day of this time period, or October 29. A WMT is calculated
				for each day after October 29 based upon the daily maximum temperature for that
				day and the prior six (6) days. From October 29 through November 6, the WMT
				must not exceed fourteen point five degrees C (14.5°C). From November 7
				through April 15, the WMT must not exceed thirteen degrees C (13°C).
				(3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.300 - GAS SUPERSATURATION

Current through August 31, 2023
01.
Applicability of Gas Supersaturation Standard
. The Director has the
			 following authority: (3-31-22)
a. To specify
			 the applicability of the gas supersaturation standard with respect to excess
			 stream flow conditions; and (3-31-22)
b. To direct that all known and reasonable
			 measures be taken to assure protection of the fishery resource; and
			 (3-31-22)
c. To require that
			 operational procedures or project modifications proposed for compliance for
			 dissolved gas criterion do not contribute to increased mortalities to juvenile
			 migrants or impose serious delays to adult migrant fishes.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.350 - RULES GOVERNING NONPOINT SOURCE ACTIVITIES

Current through August 31, 2023
01.
Implementation Policy
. (3-31-22)
a. Nonpoint sources are the result of
			 activities essential to the economic and social welfare of the state. The a
			 real extent of most nonpoint source activities prevents the practical
			 application of conventional wastewater treatment technologies. Nonpoint source
			 pollution management, including best management practices, is a process for
			 protecting the designated beneficial uses and ambient water quality. Best
			 management practices should be designed, implemented and maintained to provide
			 full protection or maintenance of beneficial uses. Violations of water quality
			 standards which occur in spite of implementation of best management practices
			 will not be subject to enforcement action. However, if subsequent water quality
			 monitoring and surveillance by the Department, based on the criteria listed in
			 Sections 200,
			 210,
			 250,
			 251,
			 252, and
			 253, indicate water quality
			 standards are not met due to nonpoint source impacts, even with the use of
			 current best management practices, the practices will be evaluated and modified
			 as necessary by the appropriate agencies in accordance with the provisions of
			 the Administrative Procedure Act. If necessary, injunctive or other judicial
			 relief may be initiated against the operator of a nonpoint source activity in
			 accordance with the Director's authorities provided in Section
			 39-108, Idaho Code. In certain
			 cases, revision of the water quality standards may be appropriate.
			 (3-31-22)
b. As provided in
			 Subsections 350.01.a. and 350.02.a. for
			 nonpoint source activities, failure to meet general or specific water quality
			 criteria, or failure to fully protect a beneficial use, shall not be considered
			 a violation of the water quality standards for the purpose of enforcement.
			 Instead, water quality monitoring and surveillance of nonpoint source
			 activities will be used to evaluate the effectiveness of best management
			 practices in protecting beneficial uses as stated in Subsections
			 350.01.a. and 350.02.b.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.400 - RULES GOVERNING POINT SOURCE DISCHARGES

Current through August 31, 2023
01.
Implementation Policy
. (3-31-22)
a. As provided for in Subsection
			 080.01, and Sections
			 200,
			 210,
			 250,
			 251,
			 252,
			 253,
			 275, and
			 400 for point source discharges,
			 failure to meet general or specific water quality criteria is a violation of
			 the water quality standards. (3-31-22)
b. No unauthorized discharge from a point
			 source shall occur to waters of the state. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.401 - POINT SOURCE WASTEWATER TREATMENT REQUIREMENTS

Current through August 31, 2023
Unless more stringent limitations are necessary to meet the
				applicable requirements of Sections
				200 through
				300, or unless specific exemptions
				are made pursuant to Subsection
				080.02, wastewaters discharged
				into surface waters of the state must have the following characteristics:
				(3-31-22)
01.
Temperature
. The wastewater must not affect the receiving water
			 outside the mixing zone so that: (3-31-22)
a.
			 The temperature of the receiving water or of downstream waters will interfere
			 with designated beneficial uses. (3-31-22)
b. Daily and seasonal temperature cycles
			 characteristic of the water body are not maintained. (3-31-22)
c. If temperature criteria for the designated
			 aquatic life use are exceeded in the receiving waters upstream of the discharge
			 due to natural background conditions, then wastewater must not raise the
			 receiving water temperatures by more than three tenths (0.3) degrees C.
			 (3-31-22)
Note:
Submitted to EPA as a temporary rule
						  on July 20, 2011, and as a final rule on August 7, 2012 (docket 58-0102-1101).
						  This revision removed the numeric limits on point source induced changes in
						  receiving water temperature. Until EPA approves this revision, the previous
						  treatment requirements published in 2011 Idaho Administrative Code continue to
						  apply and are effective for CWA purposes. For more information, go to
http://www.deq.idaho.gov/epa-actions-on-proposed-standards
.
The previous treatment requirements published in 2011
						  Idaho Administrative Code are effective for CWA purposes until the date EPA
						  issues written notification that the revisions in Docket Nos. 58-0102-1101 or
						  58-0102-1803 have been approved.
c. If
			 temperature criteria for the designated aquatic life use are exceeded in the
			 receiving waters upstream of the discharge due to natural background
			 conditions, then wastewater must not raise the receiving water temperatures by
			 more than three tenths (0.3) degrees C above the natural background conditions.
			 (3-31-22)
Not effective for CWA purposes until the date EPA
						  issues written notification that the revisions in Docket No. 58-0102-1803 have
						  been approved.
d. If
			 temperature criteria for the designated aquatic life use are exceeded in the
			 receiving waters upstream of the discharge, then wastewater must not raise the
			 receiving water temperatures by more than three tenths (0.3) degrees C above
			 applicable numeric criteria. (3-31-22)
Not effective for CWA purposes until the date EPA
						  issues written notification that the revisions in Docket No. 58-0102-1803 have
						  been approved.
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.800 - HAZARDOUS AND DELETERIOUS MATERIAL STORAGE

Current through August 31, 2023
Hazardous and deleterious materials must not be stored,
				disposed of, or accumulated adjacent to or in the immediate vicinity of state
				waters unless adequate measures and controls are provided to insure that those
				materials will not enter state waters as a result of high water, precipitation
				runoff, wind, storage facility failure, accidents in operation, or unauthorized
				third party activities. (3-31-22)
01.
Criteria to Be Evaluated
. Measures and controls will be judged by
			 the Department on the basis of the following: (3-31-22)
a. Potential of a given occurrence; and
			 (3-31-22)
b. The potential injury
			 to beneficial uses presented by the nature and quantity of the material and on
			 the physical design of the facility. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.849 - OIL FILLED ELECTRIC EQUIPMENT

Current through August 31, 2023
Releases of Dielectric Oil from oil filled electric equipment
				are subject to the following requirements: (3-31-22)
01.
Unauthorized Releases
. In
			 the case of an unauthorized release of dielectric oil to state waters or to
			 land such that there is a likelihood that it will enter state waters, the
			 persons in charge must: (3-31-22)
a. Stop
			 Continuing Releases. Make every reasonable effort to abate and stop a
			 continuing release. Provided however, that seepage normally associated with oil
			 filled electrical equipment occurring in substations or distribution facilities
			 with restricted access and not causing a threat to waters of the state is not
			 considered a continuing release. (3-31-22)
b. Contain Material. Make every reasonable
			 effort to contain released dielectric oil in such a manner that it will not
			 reach surface or ground water of the state. (3-31-22)
c. Department Notification Required. Notify
			 the Department or designated agent within forty-eight (48) hours of discovery
			 of any release over twenty-five (25) gallons, or any release causing a threat
			 to waters of the state, from any piece of electrical equipment.
			 (3-31-22)
d. Collect, Remove, and
			 Dispose. Collect, remove, and dispose of the released dielectric oil and any
			 contaminated media in a manner approved by the Department. (3-31-22)
e. Compliance with Section
			 852. If collection, removal, and
			 disposal cannot be accomplished within thirty (30) days after discovery of a
			 release, the persons in charge shall comply with Section
			 852. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.850 - HAZARDOUS MATERIAL SPILLS

Current through August 31, 2023
In the case of an unauthorized release of hazardous materials
				to state waters or to land such that there is a likelihood that it will enter
				state waters, the responsible persons in charge must: (3-31-22)
01.
Stop Continuing Spills
. Make
			 every reasonable effort to abate and stop a continuing spill.
			 (3-31-22)
02.
Contain
			 Material
. Make every reasonable effort to contain spilled material in
			 such a manner that it will not reach surface or groundwaters of the state.
			 (3-31-22)
03.
Department
			 Notification Required
. Immediately notify the Department or designated
			 agent of the spills. (3-31-22)
04.
Collect, Remove and Dispose
. Collect, remove, and dispose of the
			 spilled material in a manner approved by the Department. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.851 - PETROLEUM RELEASE REPORTING, INVESTIGATION, AND CONFIRMATION

Current through August 31, 2023
01.
Reporting of Suspected Releases for
			 All Petroleum Storage Tank Systems
. Owners and operators of petroleum
			 storage tank (PST) systems shall report to the Department within twenty-four
			 (24) hours and follow the procedures in Subsection
			 851.03 for any of the following
			 conditions: (3-31-22)
a. The discovery by
			 owners and operators or others of a petroleum release at the PST site or in the
			 surrounding area other than spills and overfills described in Subsection
			 851.04, such as the presence of
			 free product or dissolved product in nearby surface water or ground water or
			 vapors in soils, basements, sewer or utility lines. (3-31-22)
b. Unusual operating conditions observed by
			 owners and operators such as the erratic behavior of product dispensing
			 equipment, the sudden loss of product from the PST system, or an unexplained
			 presence of water in the PST system, unless system equipment is found to be
			 defective but not leaking, and is immediately repaired or replaced.
			 (3-31-22)
c. Monitoring results
			 from a release detection method that indicate a release may have occurred
			 unless: (3-31-22)
i. The monitoring device is
			 found to be defective, and is immediately repaired, recalibrated or replaced,
			 and additional monitoring does not confirm the initial result; or
			 (3-31-22)
ii. In the case of
			 inventory control, a second month of data does not confirm the initial result.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.02 - WATER QUALITY STANDARDS › Section 58.01.02.852 - PETROLEUM RELEASE RESPONSE AND CORRECTIVE ACTION

Current through August 31, 2023
01.
Release Response
. Upon confirmation of a petroleum release in
			 accordance with Section
			 851 or after a release from the PST
			 system is identified in any other manner, owners and operators shall perform
			 the following initial response actions within twenty-four (24) hours: (3-31-22)
a. Identify and mitigate fire, explosion and
			 vapor hazards; (3-31-22)
b. Take
			 immediate action to prevent any further release of petroleum into the
			 environment; and (3-31-22)
c.
			 Report the release to the Department. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.03 - INDIVIDUAL/SUBSURFACE SEWAGE DISPOSAL RULES AND RULES FOR CLEANING OF SEPTIC TANKS › Section 58.01.03.000 - LEGAL AUTHORITY

Current through August 31, 2023
Title 39, Chapter 1 and Title 39, Chapter 36, Idaho Code,
				grants authority to the Board of Environmental Quality to adopt rules and
				standards to protect the environment and the health of the State, for the
				installation of cottage site sewage treatment facilities and for the issuance
				of pollution source permits. Title 39, Chapter 1, Idaho Code, grants to the
				Director the authority to issue pollution source permits; charges the Director
				to enforce all laws, rules, regulations, and standards relating to
				environmental protection and health, and those relating to the storage,
				handling and transportation of solids, liquids and gases which may cause or
				contribute to water pollution, and authorizes the Department of Environmental
				Quality to review for approval the plans and specifications for all proposed
				waste treatment facilities prior to their construction. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.03 - INDIVIDUAL/SUBSURFACE SEWAGE DISPOSAL RULES AND RULES FOR CLEANING OF SEPTIC TANKS › Section 58.01.03.001 - TITLE, SCOPE, CONFLICT AND RESPONSIBILITIES

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 58.01.03,
			 "Individual/Subsurface Sewage Disposal Rules and Rules for Cleaning of Septic
			 Tanks." (3-31-22)
02.
Scope
. The provisions of these rules establish limitations on the
			 construction and use of individual and subsurface sewage disposal systems and
			 establish the requirements for obtaining an installation permit and an
			 installer's registration permit. These rules apply to every individual and
			 every subsurface blackwaste and wastewater treatment system in Idaho. These
			 rules also establish general requirements for the handling, transportation and
			 disposal of septic tank wastes and for obtaining a septic tank pumping permit.
			 (3-31-22)
03.
Conflict of
			 Rules, Standards, and Ordinances
. In any case where a provision of these
			 rules is found to be in conflict with a provision of any state or local zoning,
			 building, fire, safety, or health regulation, standard or ordinance, the
			 provision that, in the judgment of the Director, establishes the higher
			 standard for the promotion and protection of the health and safety of the
			 people, shall prevail. (3-31-22)
04.
Responsibilities
. (3-31-22)
a. Every owner of real property is jointly
			 and individually responsible for: (3-31-22)
i.
			 Storing, treating, and disposing of blackwaste and wastewater generated on that
			 property. (3-31-22)
ii. Connecting
			 all plumbing fixtures on that property that discharge wastewaters to an
			 approved wastewater system or facility. (3-31-22)
iii. Obtaining necessary permits and
			 approvals for installation of individual or subsurface blackwaste and
			 wastewater disposal systems. (3-31-22)
iv. Abandonment of an individual or
			 subsurface sewage disposal system. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.03 - INDIVIDUAL/SUBSURFACE SEWAGE DISPOSAL RULES AND RULES FOR CLEANING OF SEPTIC TANKS › Section 58.01.03.002 - REFERENCED MATERIAL

Current through August 31, 2023
01.
NSF
			 International
. The NSF International (NSF) NSF/ANSI 40: Residential
			 Onsite Systems and NSF/ANSI 245: Nitrogen Reduction are referenced in these
			 rules. The NSF/ANSI 40 and NSF/ANSI 245 are available at
www.nsf.org/services/by-industry/water-wastewater/onsite-wastewater
.
			 (3-31-22)
02.
Technical
			 Guidance Manual for Individual Subsurface Sewage Disposal Systems (TGM)
.
			 The TGM is referenced in these rules and available at the Idaho Department of
			 Environmental Quality, Surface and Wastewater Division, 1410 N. Hilton, Boise,
			 ID 83706,
https://www.deq.idaho.gov
.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.03 - INDIVIDUAL/SUBSURFACE SEWAGE DISPOSAL RULES AND RULES FOR CLEANING OF SEPTIC TANKS › Section 58.01.03.003 - DEFINITIONS

Current through August 31, 2023
For the purposes of these rules, the following definitions
				apply. (3-31-22)
01.
Abandoned
			 System
. A system which has ceased to receive blackwaste or wastewater
			 due to diversion of those wastes to another treatment system or due to
			 termination of waste flow. (3-31-22)
02.
Alternative System
. Any
			 system for which the Department has issued design guidelines or which the
			 Director judges to be a simple modification of a standard system.
			 (3-31-22)
03.
Authorized or
			 Approved
. The state of being sanctioned or acceptable to the Director as
			 stated in a written document. (3-31-22)
04.
Blackwaste
. Human body
			 waste, specifically excreta or urine. This includes toilet paper and other
			 products used in the practice of personal hygiene. (3-31-22)
05.
Blackwater
. A wastewater
			 whose principal pollutant is blackwaste; a combination of blackwaste and water.
			 (3-31-22)
06.
Board
.
			 Idaho State Board Of Environmental Quality. (3-31-22)
07.
Building Sewer
. The
			 extension of the building drain beginning five (5) feet outside the inner face
			 of the building wall. (3-31-22)
08.
Central System
. Any system which receives blackwaste or wastewater
			 in volumes exceeding twenty-five hundred (2,500) gallons per day; any system
			 which receives blackwaste or wastewater from more than two (2) dwelling units
			 or more than two (2) buildings under separate ownership. (3-31-22)
09.
Construct
. To make, form,
			 excavate, alter, expand, repair, or install a system, and, their derivations.
			 (3-31-22)
10.
Director
. The Director of the Idaho Department of Environmental
			 Quality or the Director's designee or authorized agent. (3-31-22)
11.
Existing System
. Any system
			 which was installed prior to the effective date of these rules.
			 (3-31-22)
12.
Expand
.
			 To enlarge any nonfailing system. (3-31-22)
13.
Extended Treatment Package System
			 (ETPS)
. An advanced subsurface package sewage treatment product that
			 provides secondary wastewater treatment and/or tertiary wastewater treatment to
			 septic tank effluent. (3-31-22)
14.
Failing System
. Any system which exhibits one (1) or more of the
			 following characteristics: (3-31-22)
a. The
			 system does not meet the intent of these rules as stated in Subsection
			 004.01. (3-31-22)
b. The system fails to accept blackwaste and
			 wastewater. (3-31-22)
c. The system
			 discharges blackwaste or wastewater into the waters of the State or onto the
			 ground surface. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.03 - INDIVIDUAL/SUBSURFACE SEWAGE DISPOSAL RULES AND RULES FOR CLEANING OF SEPTIC TANKS › Section 58.01.03.004 - GENERAL REQUIREMENTS

Current through August 31, 2023
01.
Intent of
			 Rules
. The Board, in order to protect the health, safety, and
			 environment of the people of the state of Idaho establishes these rules
			 governing the design, construction, siting and abandonment of individual and
			 subsurface sewage disposal systems. These rules are intended to ensure that
			 blackwastes and wastewater generated in the state of Idaho are safely contained
			 and treated and that blackwaste and wastewater contained in or discharged from
			 each system: (3-31-22)
a. Are not accessible
			 to insects, rodents, or other wild or domestic animals; (3-31-22)
b. Are not accessible to individuals;
			 (3-31-22)
c. Do not give rise to a
			 public nuisance due to odor or unsightly appearance; (3-31-22)
d. Do not injure or interfere with existing
			 or potential beneficial uses of the waters of the State.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.03 - INDIVIDUAL/SUBSURFACE SEWAGE DISPOSAL RULES AND RULES FOR CLEANING OF SEPTIC TANKS › Section 58.01.03.005 - PERMIT AND PERMIT APPLICATION

Current through August 31, 2023
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.
			 (3-31-22)
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. (3-31-22)
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. (3-31-22)
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. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.03 - INDIVIDUAL/SUBSURFACE SEWAGE DISPOSAL RULES AND RULES FOR CLEANING OF SEPTIC TANKS › Section 58.01.03.006 - INSTALLER'S REGISTRATION PERMIT AND SERVICE PROVIDER CERTIFICATION

Current through August 31, 2023
01.
Permit and Certification
			 Required
. Every installer and service provider shall secure from the
			 Director an installer's registration permit. Service providers must also obtain
			 a service provider's certification. Two (2) types of installer permits and one
			 (1) type of service provider certification are available. (3-31-22)
a. A standard and basic alternative system
			 installer's registration permit is required to install all individual systems
			 not listed under Subsection
			 006.01.b. (3-31-22)
b. A complex alternative system installer's
			 registration permit is required to install evapotranspiration systems, ETPSs,
			 lagoon systems, large soil absorption systems, pressure distribution systems,
			 proprietary wastewater treatment systems, intermittent sand filters, sand
			 mounds, or other systems as may be specified by the Director.
			 (3-31-22)
c. A service provider
			 certification is required to perform operation, maintenance, or monitoring of
			 ETPSs and any other Director-identified complex alternative systems.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.03 - INDIVIDUAL/SUBSURFACE SEWAGE DISPOSAL RULES AND RULES FOR CLEANING OF SEPTIC TANKS › Section 58.01.03.007 - SEPTIC TANKS DESIGN AND CONSTRUCTION STANDARDS

Current through August 31, 2023
01.
Materials
. New septic tanks
			 will be constructed of concrete, or other materials approved by the Director.
			 Steel tanks are unacceptable. (3-31-22)
02.
Construction Requirements
.
			 All septic tanks will be water tight, constructed of sound, durable materials
			 and not subject to excessive corrosion, decay, frost damage or cracking.
			 (3-31-22)
03.
Concrete Septic
			 Tanks
. New concrete septic tanks will at a minimum meet the following
			 requirements: (3-31-22)
a. The walls and floor
			 must be at least two and one-half (2 1/2) inches thick if adequately reinforced
			 and at least six (6) inches thick if not reinforced. (3-31-22)
b. Concrete lids or covers must be at least
			 three (3) inches thick and adequately reinforced. (3-31-22)
c. The floor and at least a six (6) inch
			 vertical portion of the walls of a poured tank must be poured at the same time
			 (monolithic pour). (3-31-22)
d.
			 Wall sections poured separately must have interlocking joints on joining edge.
			 (3-31-22)
e. All concrete outlet
			 baffles must be finished with an asphalt or other protective coating.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.03 - INDIVIDUAL/SUBSURFACE SEWAGE DISPOSAL RULES AND RULES FOR CLEANING OF SEPTIC TANKS › Section 58.01.03.008 - STANDARD SUBSURFACE DISPOSAL FACILITY DESIGN AND CONSTRUCTION

Current through August 31, 2023
01.
Standard Drainfield
. A
			 drainfield consisting of an effluent sewer, one (1) or more aggregate filled
			 trenches and a gravity flow wastewater distribution system. These standards
			 will be the basis of acceptable design and configuration. Overall dimensions of
			 a specific facility will depend upon site characteristics and the volume of
			 wastewater. (3-31-22)
02.
Site Suitability
. The area in which a standard drainfield is to be
			 constructed must meet the conditions stated in this subsection: (3-31-22)
a. Slope. The natural slope of the site will
			 not exceed twenty percent (20%). (3-31-22)
b. Soil types. Suitable soil types must be
			 present at depths corresponding with the sidewalls of the proposed drainfield
			 and at depths which will be between the bottom of the proposed drainfield and
			 any limiting soil layer (effective soil depth).
Design Soil
							 Group
Soil Textural
							 Classification
USDA Field Test Textural
							 Classification
Unsuitable
Gravel
10 Mesh
Coarse Sand
10-35 Mesh
Sand
A
Medium Sand
35-60 Mesh
Sand
Fine Sand
65-140 Mesh
Sand
Loamy Sand
Sand
B
Very Fine Sand
140-270 Mesh
Sand
Sandy Loam
Sandy Loam
Very Fine Loamy Sand
Sandy Loam
Loam
Silt Loam
Silt Loam
C
Silt
Silt Loam
Clay Loam
Clay Loam
Sandy Clay Loam
Clay Loam
Silty Clay Loam
Clay Loam
Unsuitable
Sandy Clay
Clay
Silty Clay
Clay
Clay
Clay
Clay soils with high shrink/swell potential
Clay
Organic mucks
Claypan, Duripan,
Hardpan
(3-31-22)
c.
			 Effective Soil Depths. Effective soil depths, in feet, below the bottom of the
			 drainfield must be equal to or greater than those values listed in the
			 following table.
EFFECTIVE SOIL DEPTHS
							 TABLE
Site
							 Conditions
Design
Soil
Group
Limiting
							 Layer
A
B
C
Impermeable Layer
4
4
4
Fractured Bedrock, Fissured Bedrock or Extremely
							 Permeable Material
6
4
3
Normal High Groundwater Level
6
4
3
Seasonal High Groundwater Level
1
1
1
(3-31-22)
d.
			 Separation Distances. The drainfield must be located so that the separation
			 distances given be maintained or exceeded according to the following Table:
Feature of
							 Interest
Soil Types
							 All
A
B
C
Public Water Supply
100
All Other Domestic Water Supplies including Springs
							 and Suction Lines
100
Water Distribution Lines:
Pressure
Suction
25
100
Permanent or Intermittent Surface Water other than
							 Irrigation Canals & Ditches
300
200
100
Temporary Surface Water and Irrigation Canals and
							 Ditches
50
Downslope Cut or Scarp:
Impermeable Layer Above Base
Impermeable Layer Below Base
75
50
50
25
50
25
Building Foundations:
Crawl Space or Slab
Basement
10
20
Property Line
5
(3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.03 - INDIVIDUAL/SUBSURFACE SEWAGE DISPOSAL RULES AND RULES FOR CLEANING OF SEPTIC TANKS › Section 58.01.03.009 - OTHER COMPONENTS

Current through August 31, 2023
01.
Design
			 Approval Required
. Commercially manufactured wastewater treatment
			 components and systems must not be used in the construction of a subsurface
			 sewage system unless their design is approved by the Director through the
			 recommendation of the TGC as directed in Section
			 004. The Department has developed
			 recommended standards and guidance for these systems in the TGM. Approval may
			 be limited to those locations or conditions for which achievement of standards
			 has been demonstrated. Commercially manufactured wastewater treatment
			 components and systems may include but are not limited to: (3-31-22)
a. ETPSs (e.g., aerobic treatment systems);
			 (3-31-22)
b. Proprietary wastewater
			 treatment systems (e.g., proprietary wastewater system technology with
			 specified sand); (3-31-22)
c.
			 Proprietary wastewater system technology (e.g., gravelless distribution
			 products); and (3-31-22)
d.
			 Proprietary non-discharging systems (e.g., individual wastewater incinerators,
			 composting toilets, or vault toilets). (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.03 - INDIVIDUAL/SUBSURFACE SEWAGE DISPOSAL RULES AND RULES FOR CLEANING OF SEPTIC TANKS › Section 58.01.03.010 - VARIANCES

Current through August 31, 2023
01.
Technical Allowance
. The
			 Director may make a minor technical allowance to the dimensional or
			 construction requirements of these rules for a standard system if: (3-31-22)
a. The allowance will not affect adjacent
			 property owners or the public at large; (3-31-22)
b. The allowance will not violate the
			 conditions of Subsection
			 004.01; and (3-31-22)
c. The allowance will not be in conflict with
			 any other rule, regulation, standard, or ordinance. (3-31-22)
d. The allowance to a dimensional requirement
			 is not more than ten percent (10%) of the requirements of these rules unless
			 otherwise provided for in the Technical Guidance Manual.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.03 - INDIVIDUAL/SUBSURFACE SEWAGE DISPOSAL RULES AND RULES FOR CLEANING OF SEPTIC TANKS › Section 58.01.03.011 - INSPECTIONS

Current through August 31, 2023
01.
One or More Inspections
			 Required
. Such inspection as are necessary to determine compliance with
			 any requirement or provision of these rules shall be required by the Director.
			 (3-31-22)
02.
Duty to
			 Uncover
. The permittee shall, at the request of the Director, uncover or
			 make available for inspection any portion or component of an individual or
			 subsurface sewage disposal system which was covered or concealed in violation
			 of these rules. (3-31-22)
03.
Advance Notice by Permittee
. If an inspection requires some type
			 of preparation, such as test hole excavation or partial construction of the
			 system, the applicant or permittee will notify the Director at least
			 forty-eight (48) hours in advance, excluding weekends and holidays, before the
			 time preparation will be completed. (3-31-22)
04.
Substantiating Receipts and
			 Delivery Slips
. The permittee shall upon request by the Director provide
			 copies of receipts, delivery slips or other similar documents to substantiate
			 the origin, quality, or quantity of materials used in the construction of any
			 individual or subsurface system. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.03 - INDIVIDUAL/SUBSURFACE SEWAGE DISPOSAL RULES AND RULES FOR CLEANING OF SEPTIC TANKS › Section 58.01.03.012 - VIOLATIONS AND PENALTIES

Current through August 31, 2023
01.
Failure
			 to Comply
. All individual and subsurface sewage disposal systems shall
			 be constructed and installed according to these rules. Failure by any person to
			 comply with the permitting, licensing, approval, installation, or variance
			 provisions of these rules shall be deemed a violation of these rules.
			 (3-31-22)
02.
System
			 Operation
. No person shall discharge pollutants into the underground
			 water of the state of Idaho through an individual or subsurface sewage disposal
			 system unless in accordance with the provisions of these rules.
			 (3-31-22)
03.
Violation a
			 Misdemeanor
. Pursuant to Section
			 39-117, Idaho Code, any person who
			 willfully or negligently violates any of the provisions of these rules shall be
			 guilty of a misdemeanor. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.03 - INDIVIDUAL/SUBSURFACE SEWAGE DISPOSAL RULES AND RULES FOR CLEANING OF SEPTIC TANKS › Section 58.01.03.050 - CLEANING OF SEPTIC TANKS - GENERAL REQUIREMENTS

Current through August 31, 2023
All persons, firms or corporations operating any tank truck or
				any other device or equipment used or intended to be used for the purpose of
				pumping or cleaning septic tanks and/or transporting or disposing of human
				excrement, shall conform with the following requirements. (3-31-22)
01.
Equipment to Be Watertight
.
			 The tank or transporting equipment shall be watertight and so constructed as to
			 prevent spilling or leaking while being loaded, transported and/or unloaded.
			 (3-31-22)
02.
Equipment to Be
			 Cleanable
. The tank or transporting equipment shall be constructed in
			 such a manner that every portion of the interior and exterior can be easily
			 cleaned and maintained in a clean condition at all times while not in actual
			 use. (3-31-22)
03.
Disposal
			 Methods
. Disposal of excrement from septic tanks shall be by the
			 following methods only: (3-31-22)
a.
			 Discharging to a public sewer; (3-31-22)
b. Discharging to a sewage treatment plant;
			 (3-31-22)
c. Burying under earth in
			 a location and by a method approved by the Department of Environmental Quality:
			 (3-31-22)
d. Drying in a location
			 and by a method approved by the Department of Environmental Quality.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.03 - INDIVIDUAL/SUBSURFACE SEWAGE DISPOSAL RULES AND RULES FOR CLEANING OF SEPTIC TANKS › Section 58.01.03.051 - CLEANING OF SEPTIC TANKS - PERMIT REQUIREMENTS

Current through August 31, 2023
All persons operating septic tank pumping equipment shall
				obtain a permit from the Idaho Department of Environmental Quality for the
				operation of such equipment. Permits shall be renewed annually. Applications
				for renewal of permits shall be made on or before March 1 of each year.
				(3-31-22)
01.
Permit Application
			 Contents
. Applications for permits shall submit the following
			 information on forms prepared by the Department: (3-31-22)
a. Number of tank trucks operated by owner;
			 (3-31-22)
b. Vehicle license number
			 of each tank truck; (3-31-22)
c.
			 Name and address of owner and/or operator of equipment; (3-31-22)
d. Name and address of business, if different
			 from Subsection 051.01.c.; (3-31-22)
e. Methods of disposal to be used in all
			 areas of operation; (3-31-22)
f.
			 Location of all disposal sites used by applicant; (3-31-22)
g. A complete basis of charges made for
			 payment of the work performed. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.03 - INDIVIDUAL/SUBSURFACE SEWAGE DISPOSAL RULES AND RULES FOR CLEANING OF SEPTIC TANKS › Section 58.01.03.996 - ADMINISTRATIVE PROVISIONS

Current through August 31, 2023
Persons may be entitled to appeal agency actions authorized
				under these rules pursuant to IDAPA 58.01.23, "Contested Case Rules and Rules
				for Protection and Disclosure of Records". (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.03 - INDIVIDUAL/SUBSURFACE SEWAGE DISPOSAL RULES AND RULES FOR CLEANING OF SEPTIC TANKS › Section 58.01.03.997 - CONFIDENTIALITY OF RECORDS

Current through August 31, 2023
Information obtained by the Department under these rules is
				subject to public disclosure pursuant to the provisions of Title 74, Chapter 1,
				Idaho Code, and IDAPA 58.01.21, "Rules Governing the Protection and Disclosure
				of Records in the Possession of the Department of Environmental Quality."
				(3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.05 - RULES AND STANDARDS FOR HAZARDOUS WASTE › Section 58.01.05.000 - LEGAL AUTHORITY

Current through August 31, 2023
Under Chapters 44 and 58, Title 39, Idaho Code, the Idaho
				Legislature has granted the Board of Environmental Quality the authority to
				promulgate these rules. (3-24-22)