Idaho Administrative Code
Title IDAPA 58 - Environmental Quality, Department of
Rule 58.01.08 - IDAHO RULES FOR PUBLIC DRINKING WATER SYSTEMS
Section 58.01.08.500 - FACILITY AND DESIGN STANDARDS: DEMONSTRATION OF TECHNICAL, FINANCIAL, AND MANAGERIAL CAPACITY OF PUBLIC DRINKING WATER SYSTEMS

Universal Citation: ID Admin Code 58.01.08.500

Current through August 31, 2023

No person shall proceed, or cause to proceed, with construction of a new or substantially modified community or nontransient, noncommunity drinking water system until it has been demonstrated to the Department that the water system will have adequate technical, financial, and managerial capacity, as defined in Section 003 of these rules. With the exception of water sources, demonstration of capacity shall be submitted to the Department prior to or concurrent with the submittal of plans and specifications, as required in Section 39-118, Idaho Code, and Subsection 504.03 of these rules. Plans and specifications for water sources may be submitted to the Department prior to demonstration of capacity for the water system. The Department shall issue its approval of the new system capacity demonstration in writing. (3-24-22)

01. Technical Capacity. In order to meet this requirement, the public water system shall submit documentation to demonstrate the following: (3-24-22)

a. The system meets the relevant design, construction, and operating requirements of these rules; (3-24-22)

b. The system has an adequate and consistent source of water; (3-24-22)

c. A plan is in place to protect the water source and deal with emergencies; (3-24-22)

d. A plan exists for replacement or improvement of infrastructure as necessary; and (3-24-22)

e. The system has trained personnel with an understanding of the technical and operational characteristics of the system. (3-24-22)

02. Financial Capacity. A demonstration of financial capacity must include but is not limited to the following information: (3-24-22)

a. Documentation that organizational and financial arrangements are adequate to construct and operate the public water system in accordance with these rules. This information can be provided by submitting estimated construction, operation, and maintenance costs, letters of credit, or other access to financial capital through public or private sources and, if available, a certified financial statement; (3-24-22)

b. Demonstration of revenue sufficiency, that includes but is not limited to billing and collection procedures; a proposed rate structure which demonstrates the availability of operating funds, revenues for depreciation and reserves, and the ability to accrue a capital replacement fund. A preliminary operating budget shall be provided; and (3-24-22)

c. Adequate fiscal controls must be demonstrated. (3-24-22)

03. Managerial Capacity. In order to demonstrate adequate managerial capacity, the owner or operator of a new drinking water system shall submit at least the following information to the Department: (3-24-22)

a. Clear documentation of legal ownership and any plans that may exist for transfer of that ownership upon completion of construction or after a period of operation; (3-24-22)

b. The name, address, and telephone number of the person who will be accountable for ensuring that the water system is in compliance with these rules; (3-24-22)

c. The name, address, and telephone number of the responsible charge operator; (3-24-22)

d. A description of the manner in which the water system will be managed. Information such as bylaws, restrictive covenants, articles of incorporation, or procedures and policy manuals which describe the management organizational structure shall be provided; (3-24-22)

e. A recommendation of staff qualifications, including training, experience, certification or licensing, and continuing education; (3-24-22)

f. An explanation of how the water system will establish and maintain effective communications and relationships between the water system management, its customers, professional service providers, and any applicable regulatory agencies; and (3-24-22)

g. Evidence of planning for future growth, equipment repair and maintenance, and long term replacement of system components. (3-24-22)

04. Submittal Form. The Department shall provide a standard form to be used in preparing a new system capacity demonstration. The submittal form and general guidance on how to prepare a new system capacity document is provided in, "How to Demonstrate Financial, Technical, and Managerial Capacity in New Public Water Systems." This document may be requested from the Department and is available on the DEQ website at http://www.deq.idaho.gov. (3-24-22)

05. Expanding Systems. A public water system which comes into existence as a result of growth in population or number of service connections within a previously unregulated system will be considered a new system under these rules and is subject to all design, construction and operating requirements herein. (3-24-22)

06. Consolidation. In demonstrating new system capacity, the owner of the proposed new system must investigate the feasibility of obtaining water service from an established public water system. If such service is available, but the owner elects to proceed with an independent system, the owner must explain why this choice is in the public interest in terms of environmental protection, affordability to water users, and protection of public health. (3-24-22)

07. Exclusion. New public water systems which are public utilities as defined in Sections 61-104 (Corporation), 61-124 (Water System), 61-125 (Water Corporation), and 61-129 (Public Utility), Idaho Code, must meet the regulatory requirements of the Idaho Public Utilities Commission (IPUC) in Chapter 1, Title 61, Idaho Code, Public Utilities Law, and IDAPA 31.01.01, "Rules of Procedure of the Idaho Public Utilities Commission." Such water systems will not be required to meet any requirements of this Section which are in conflict with the provisions and requirements of the IPUC. (3-24-22)

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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