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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
|||| 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 Codeby 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 or17 systems, other waste treatment or disposal facilities, public water supply18 systems or public water treatment systems, complete and accurateof 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 modificationof 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 beprepared by a licensed professional engineer and 34 filed with the directordepartment 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 certifiedstamped 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 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