2005 Legislation
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SENATE BILL NO. 1220 – Sewage treatmnt/water supply, plans

SENATE BILL NO. 1220

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Bill Status



S1220................................................by JUDICIARY AND RULES
SEWAGE TREATMENT PLANTS - WATER SUPPLY SYSTEMS - Amends and adds to
existing law to revise provisions applicable to the review of plans and
specifications for the construction of new sewage treatment works and new
public water supply systems; to provide exceptions; and to provide for the
appointment of a committee of licensed professionals to assist the
Department of Environmental Quality in establishing facility standards and
design standards for new sewage systems, sewage treatment plants or
systems, other waste treatment or disposal facilities, public water supply
systems and public water treatment systems.
                                                                        
03/17    Senate intro - 1st rdg - to printing
03/18    Rpt prt - to Health/Wel
03/22    Rpt out - rec d/p - to 2nd rdg
03/23    2nd rdg - to 3rd rdg
03/24    3rd rdg - PASSED - 33-1-0, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Sweet, Werk, Williams
      NAYS -- Stennett
      Absent and excused -- (District 21 seat vacant)
    Floor Sponsor - Compton
    Title apvd - to House
03/24    House intro - 1st rdg - to Env
03/29    Rpt out - rec d/p - to 2nd rdg
03/30    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 66-0-4
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
      Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
      Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Rusche, Rydalch, Sali,
      Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, Roberts, Stevenson, Wills
    Floor Sponsor - Denney
    Title apvd - to Senate
03/30    To enrol - Rpt enrol - Pres signed
03/31    Sp signed - To Governor
04/06    Governor signed
         Session Law Chapter 321
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1220
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY; AMENDING SECTION  39-118,
  3        IDAHO  CODE,  TO  REVISE  PROVISIONS APPLICABLE TO THE REVIEW OF PLANS AND
  4        SPECIFICATIONS FOR THE CONSTRUCTION OF NEW SEWAGE TREATMENT WORKS AND  NEW
  5        PUBLIC  WATER SUPPLY SYSTEMS, WITH EXCEPTIONS; AND TO PROVIDE FOR APPOINT-
  6        MENT OF A COMMITTEE OF LICENSED PROFESSIONALS TO ASSIST THE DEPARTMENT  OF
  7        ENVIRONMENTAL  QUALITY IN ESTABLISHING FACILITY STANDARDS AND DESIGN STAN-
  8        DARDS FOR NEW SEWAGE SYSTEMS, SEWAGE TREATMENT PLANTS  OR  SYSTEMS,  OTHER
  9        WASTE  TREATMENT  OR  DISPOSAL  FACILITIES, PUBLIC WATER SUPPLY SYSTEMS OR
 10        PUBLIC WATER TREATMENT SYSTEMS.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION 1.  That Section 39-118, Idaho Code, be, and the  same  is  hereby
 13    amended to read as follows:
                                                                        
 14        39-118.  REVIEW  OF PLANS. (1) Except as provided for dairy systems pursu-
 15    ant to section 37-401, Idaho Code by subsection (2) of this section, all plans
 16    and specifications for the construction of new sewage systems,  sewage  treat-
 17    ment  plants  or systems, other waste treatment or disposal facilities, public
 18    water supply systems or public water treatment systems or for material modifi-
 19    cation or expansion to existing sewage  treatment  plants  or  systems,  waste
 20    treatment  or disposal facilities, public water supply systems or public water
 21    treatment systems, shall be submitted to and approved by the  director  before
 22    construction  may  begin, and all construction shall be in substantial compli-
 23    ance therewith. Material modifications are those that are intended to increase
 24    system capacity or to alter the methods or processes  employed.  The  director
 25    shall  review  plans  and specifications and endeavor to resolve design issues
 26    within forty-two (42) days of submittal such that approval can be granted.  If
 27    the  director  and  applicant have not resolved design issues within forty-two
 28    (42) days or at any time thereafter, the applicant may file a  written  demand
 29    to  the  director  for  a  decision.  Upon receipt of such written demand, the
 30    director shall deliver a written decision to the applicant within no more than
 31    seven (7) days explaining any reasons  for  disapproval.  The  director  shall
 32    maintain  records  of  all  written demands for decision made pursuant to this
 33    subsection with such records including the final  decision  rendered  and  the
 34    timeliness  thereof.  No  material  deviation  shall be made from the approved
 35    plans and specifications without the prior approval of the director.
 36        (2)  Plans   meeting   the   following   standards   shall   not   require
 37    preconstruction approval by the director:
 38        (a)  Plans for dairy systems pursuant to section 37-401, Idaho Code.
 39        (b)  Plans developed to evidence compliance with storm water best  manage-
 40        ment practices.
 41        (c)  Plans  developed  for  routine  maintenance  or equipment replacement
 42        activities.
 43        (d)  Plans for sanitary sewer extensions, water main extensions, and storm
                                                                        
                                           2
                                                                        
  1        drain extensions, when such facilities will be owned  and  operated  by  a
  2        city,  county,  quasi-municipal  corporation  or  regulated public utility
  3        where such city, county, quasi-municipal corporation or  regulated  public
  4        utility  provides  for  the  review  of such plans and specifications by a
  5        qualified licensed professional engineer to verify compliance with  facil-
  6        ity  standards and approves construction plans prior to initiation of con-
  7        struction. Any plans approved pursuant to this subsection shall be  trans-
  8        mitted to the director at the time construction is authorized along with a
  9        statement  that the plans comply with the facility standards and that con-
 10        struction has been authorized by the public agency or public  utility.  At
 11        the  discretion  of any city, county, quasi-municipal corporation or regu-
 12        lated public utility, the  plans  addressed  by  this  subsection  may  be
 13        referred  to  the  director for review and approval prior to initiation of
 14        construction.
 15        (3)  Within thirty (30) days of the completion  of  construction,  altera-
 16    tion,  or  modification  of any new sewage systems, sewage treatment plants or
 17    systems, other waste treatment or disposal  facilities,  public  water  supply
 18    systems or public water treatment systems, complete and accurate of facilities
 19    for which plans are required to be reviewed pursuant to subsection (1) or sub-
 20    section  (2)(d)  of  this  section,  record  plans and specifications based on
 21    information provided by the construction  contractor  and  field  observations
 22    made by the engineer or the engineer's designee depicting the actual construc-
 23    tion, alteration, or modification of facilities performed must be submitted to
 24    the  director by the engineer representing the public agency or regulated pub-
 25    lic utility, if the resultant facilities will be owned and operated by a  pub-
 26    lic  agency  or  regulated public utility, or by the design engineer or owner-
 27    designated substitute engineer if the constructed facilities will not be owned
 28    and operated by a public agency or regulated public utility. Such submittal by
 29    the professional engineer must confirm material compliance with  the  approved
 30    plans  or disclose any material deviations therefrom. If construction does not
 31    materially deviate from the original plans and specifications previously  sub-
 32    mitted  for  approval, provided to the department, the owner may have a state-
 33    ment to that effect shall be prepared by a licensed professional engineer  and
 34    filed  with the director department in lieu of submitting a complete and accu-
 35    rate set of record drawings.
 36        (24)  All plans and specifications submitted to satisfy  the  requirements
 37    of  subsection (1) of  this section and all plans approved pursuant to subsec-
 38    tion (2)(d) of this section shall be in compliance  with  applicable  facility
 39    and  design  standards  and conform in style and quality to regularly accepted
 40    engineering standards. The department shall review plans to determine  compli-
 41    ance  with applicable facility standards and engineering standards of care. As
 42    long as the plans and  specifications  comply  with  applicable  facility  and
 43    design standards, the department shall not substitute its judgment for that of
 44    the  owner's  design  engineer concerning the manner of compliance with design
 45    standards. Except with respect to  plans  and  specifications  for  facilities
 46    addressed  in  subsection  (35)  of  this section, and confined animal feeding
 47    operations, the board may require that certain types of plans  and  specifica-
 48    tions  must  be certified stamped by registered professional engineers. If the
 49    director determines that any particular facility  or  category  of  facilities
 50    will produce no significant impact on the environment or on the public health,
 51    the  director  shall be authorized to waive the submittal or approval require-
 52    ment for that facility or category of facilities.
 53        (35)  All plans and specifications  for  the  construction,  modification,
 54    expansion,  or  alteration of waste treatment or disposal facilities for aqua-
 55    culture facilities licensed by the department of agriculture for both  commer-
                                                                        
                                           3
                                                                        
  1    cial  fish  propagation  facilities as defined in section 22-4601, Idaho Code,
  2    and sport fish propagation facilities whether private or operated or  licensed
  3    by the department of fish and game and other aquaculture facilities as defined
  4    in  the Idaho waste management guidelines for aquaculture operations, shall be
  5    submitted to and approved by the director of the department  of  environmental
  6    quality before construction may begin and all construction shall be in compli-
  7    ance  therewith.  The  director  shall review plans  and specifications within
  8    forty-five (45) days of submittal and notify the owner or responsible party of
  9    approval or disapproval. In the event of disapproval the director  shall  pro-
 10    vide  reasons  for  disapproval  in writing to the owner or responsible party.
 11    Plans and specifications shall conform in style and quality to standard indus-
 12    try practices and guidelines developed pursuant to this subsection. The direc-
 13    tor shall establish industry guidelines or best management  practices  subcom-
 14    mittees  composed  of  members of the department, specific regulatory agencies
 15    for the industry, general public, and persons  involved  in  the  industry  to
 16    develop  and  update guidelines or best management practices as needed. Within
 17    thirty (30) days of the completion of the construction,  modification,  expan-
 18    sion  or  alteration  of  facilities  subject to this subsection, the owner or
 19    responsible party shall submit a statement to the director that the  construc-
 20    tion  has  been  completed and is in substantial compliance with the plans and
 21    specifications as submitted  and  approved.  The  director  shall  conduct  an
 22    inspection  within  sixty (60) days of the date of submission of the statement
 23    and shall inform the owner or responsible party of its approval  of  the  con-
 24    struction or in the event of nonapproval, the reasons for nonapproval.
                                                                        
 25        SECTION  2.  The Director of the Department of Environmental Quality shall
 26    appoint a committee of  licensed  professional  engineers  who  are  regularly
 27    engaged  in  the  design  of  facilities regulated by Section 39-118(1), Idaho
 28    Code, to assist the Department of Environmental Quality in establishing facil-
 29    ity standards and design standards for such facilities.  Such standards  shall
 30    be adopted no later than June 30, 2006.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                           RS15163C3


This legislation defines the responsibility of the
Department of Environmental Quality to review and approve plans
for sewer and water systems.



                          FISCAL NOTE

There is no fiscal impact to the general fund.




Contact
Name:  Rep. Lawerence Denney
       Sen. Dick Compton
Phone: (208) 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1220