Idaho State Statutes - Idaho Attorney Directory

(1) Except as provided by subsection (2) of this
section, all plans and specifications for the construction of new sewage
systems, sewage treatment plants or systems, other waste treatment or disposal
facilities, public water supply systems or public water treatment systems or
for material modification or expansion to existing sewage treatment plants or
systems, waste treatment or disposal facilities, public water supply systems
or public water treatment systems, shall be submitted to and approved by the
director before construction may begin, and all construction shall be in
substantial compliance therewith. Material modifications are those that are
intended to increase system capacity or to alter the methods or processes
employed. The director shall review plans and specifications and endeavor to
resolve design issues within forty-two (42) days of submittal such that
approval can be granted. If the director and applicant have not resolved
design issues within forty-two (42) days or at any time thereafter, the
applicant may file a written demand to the director for a decision. Upon
receipt of such written demand, the director shall deliver a written decision
to the applicant within no more than seven (7) days explaining any reasons for
disapproval. The director shall maintain records of all written demands for
decision made pursuant to this subsection with such records including the
final decision rendered and the timeliness thereof. No material deviation
shall be made from the approved plans and specifications without the prior
approval of the director.
(2) Plans meeting the following standards shall not require
preconstruction approval by the director:
(a) Plans for dairy systems pursuant to section 37-401, Idaho Code.
(b) Plans developed to evidence compliance with storm water best
management practices.
(c) Plans developed for routine maintenance or equipment replacement
activities.
(d) Plans for sanitary sewer extensions, water main extensions, and storm
drain extensions, when such facilities will be owned and operated by a
city, county, quasi-municipal corporation or regulated public utility
where such city, county, quasi-municipal corporation or regulated public
utility provides for the review of such plans and specifications by a
qualified licensed professional engineer to verify compliance with
facility standards and approves construction plans prior to initiation of
construction. Any plans approved pursuant to this subsection shall be
transmitted to the director at the time construction is authorized along
with a statement that the plans comply with the facility standards and
that construction has been authorized by the public agency or public
utility. At the discretion of any city, county, quasi-municipal
corporation or regulated public utility, the plans addressed by this
subsection may be referred to the director for review and approval prior
to initiation of construction.
(3) Within thirty (30) days of the completion of construction of
facilities for which plans are required to be reviewed pursuant to subsection
(1) or subsection (2)(d) of this section, record plans and specifications
based on information provided by the construction contractor and field
observations made by the engineer or the engineer's designee depicting the
actual construction of facilities performed must be submitted to the director
by the engineer representing the public agency or regulated public utility, if
the resultant facilities will be owned and operated by a public agency or
regulated public utility, or by the design engineer or owner-designated
substitute engineer if the constructed facilities will not be owned and
operated by a public agency or regulated public utility. Such submittal by the
professional engineer must confirm material compliance with the approved plans
or disclose any material deviations therefrom. If construction does not
materially deviate from the original plans and specifications previously
provided to the department, the owner may have a statement to that effect
prepared by a licensed professional engineer and filed with the department in
lieu of submitting a complete and accurate set of record drawings.
(4) All plans and specifications submitted to satisfy the requirements of
subsection (1) of this section and all plans approved pursuant to subsection
(2)(d) of this section shall be in compliance with applicable facility and
design standards and conform in style and quality to regularly accepted
engineering standards. The department shall review plans to determine
compliance with applicable facility standards and engineering standards of
care. As long as the plans and specifications comply with applicable facility
and design standards, the department shall not substitute its judgment for
that of the owner's design engineer concerning the manner of compliance with
design standards. Except with respect to plans and specifications for
facilities addressed in subsection (5) of this section, and confined animal
feeding operations, the board may require that certain types of plans and
specifications must be stamped by registered professional engineers. If the
director determines that any particular facility or category of facilities
will produce no significant impact on the environment or on the public health,
the director shall be authorized to waive the submittal or approval
requirement for that facility or category of facilities.
(5) All plans and specifications for the construction, modification,
expansion, or alteration of waste treatment or disposal facilities for
aquaculture facilities licensed by the department of agriculture for both
commercial fish propagation facilities as defined in section 22-4601, Idaho
Code, and sport fish propagation facilities whether private or operated or
licensed by the department of fish and game and other aquaculture facilities
as defined in the Idaho waste management guidelines for aquaculture
operations, shall be submitted to and approved by the director of the
department of environmental quality before construction may begin and all
construction shall be in compliance therewith. The director shall review plans
and specifications within forty-five (45) days of submittal and notify the
owner or responsible party of approval or disapproval. In the event of
disapproval the director shall provide reasons for disapproval in writing to
the owner or responsible party. Plans and specifications shall conform in
style and quality to standard industry practices and guidelines developed
pursuant to this subsection. The director shall establish industry guidelines
or best management practices subcommittees composed of members of the
department, specific regulatory agencies for the industry, general public, and
persons involved in the industry to develop and update guidelines or best
management practices as needed. Within thirty (30) days of the completion of
the construction, modification, expansion or alteration of facilities subject
to this subsection, the owner or responsible party shall submit a statement to
the director that the construction has been completed and is in substantial
compliance with the plans and specifications as submitted and approved. The
director shall conduct an inspection within sixty (60) days of the date of
submission of the statement and shall inform the owner or responsible party of
its approval of the construction or in the event of nonapproval, the reasons
for nonapproval.

Click here to visit the Official Idaho State Statutes