Idaho Admin. Code r. 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.
(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)
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. (3-31-22)
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: (3-31-22)
a. The name and
address of the owner of the system and of the applicant, if different;
(3-31-22)
b. The legal description
of the parcel of land; (3-31-22)
c.
The type of establishment served; (3-31-22)
d. The maximum number of persons served,
number of bedrooms, or other appropriate measure of wastewater flow;
(3-31-22)
e. The type of system ;
(3-31-22)
f. The construction
activity (new construction, enlargement, repair ); (3-31-22)
g. A scaled or dimensioned plot plan
including, if needed, adjacent properties illustrating: (3-31-22)
i. The location and size of all existing and
proposed wastewater systems including disposal field replacement areas;
(3-31-22)
ii. The location of all
existing water supply system features; (3-31-22)
iii. The location of all surface waters;
(3-31-22)
iv. The location of
scarps, cuts, and rock outcrops; (3-31-22)
v. Land elevations, surface contours, and
ground slopes between features of interest; (3-31-22)
vi. Property lines, easements, and
rights-of-way; and (3-31-22)
vii.
Location and size of buildings and structures. (3-31-22)
h. The plans and specifications of the
proposed system which include: (3-31-22)
i.
Diagrams of all system facilities which are to be made or fabricated at the
site; (3-31-22)
ii. The
manufacturer's name and identification of any component approved pursuant to
Sections 007 and
009; and (3-31-22)
iii. List of materials.
(3-31-22)
i. Soil
description and profile, groundwater data, percolation or permeability test
results and/or a site evaluation report; (3-31-22)
j. The nature and quantity of blackwaste and
wastewater which the system is to receive including the basis for that
estimate; (3-31-22)
k. Proposed
operation, maintenance, and monitoring procedures to insure the system 's
performance and failure detection; (3-31-22)
l. Copies of legal documents relating to
access and to responsibilities for operation, maintenance, and monitoring;
(3-31-22)
m. A statement from the
local zoning or building authority indicating that the proposed system would
not be contrary to local ordinances; (3-31-22)
n. The signature of the owner of the proposed
system and, if different, of the applicant; and (3-31-22)
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.
(3-31-22)
05.
Basis
for Permit Application Denial. The Director may deny a permit
application if in the Director 's judgment: (3-31-22)
a. The application is incomplete, inaccurate,
or misleading; (3-31-22)
b. The
system as proposed is not in compliance with applicable rules and regulations;
(3-31-22)
c. The system as proposed
would, when put into use, be considered a failing system ; (3-31-22)
d. The design and description of a public
system was not made by a professional engineer; (3-31-22)
e. Public or central wastewater treatment
facilities are reasonably accessible. (3-31-22)
06.
Notice of Denial. Upon
denial of an application the Director shall notify the applicant of the reason
for denial. (3-31-22)
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". (3-31-22)
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. (3-31-22)
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. (3-31-22)
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. (3-31-22)
11.
Cottage Site Facility
Certification. A valid permit shall constitute certification and
approval for the purposes of Section
39-3637, Idaho Code.
(3-31-22)
12.
Existing
Installation Permit s. 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.
(3-31-22)
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. (3-31-22)
14.
Operation, Maintenance and
Monitoring. (3-31-22)
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. (3-31-22)
b. All operation, maintenance, and monitoring
requirements of installation permits including effluent sampling shall be
perpetual unless: (3-31-22)
i. The system is
not installed; (3-31-22)
ii. The
system is removed, abandoned, or replaced; or (3-31-22)
iii. The permit is amended or revoked by the
Director . (3-31-22)
c. If
a system gains approval as described by the TGM, sampling requirements may be
removed. (3-31-22)
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.
(3-31-22)
Notes
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