Current through August 31, 2023
No person shall proceed, or cause to proceed, with construction
of a new public wastewater system, a new private municipal treatment plant, a
new wastewater treatment facility, or a new privately owned wastewater pumping
station until it has been demonstrated to the Department that the wastewater
system will have adequate technical, financial, and managerial capacity, as
defined in Section 010 of these
rules. 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
400.03 of these rules. The
Department shall issue in writing its approval of the new system capacity
demonstration. (3-31-22)
01.
Technical Capacity. In order to meet this requirement, the public
wastewater system shall submit documentation to demonstrate the following:
(3-31-22)
a. The system meets the relevant
design, construction, and operating requirements of these rules;
(3-31-22)
b. A plan is in place to
deal with emergencies; (3-31-22)
c.
A plan exists for replacement or improvement of infrastructure as necessary;
and (3-31-22)
d. The system has
trained personnel with an understanding of the technical and operational
characteristics of the system. (3-31-22)
02.
Financial Capacity. A
demonstration of financial capacity must include, but is not limited to, the
following information: (3-31-22)
a.
Documentation that organizational and financial arrangements are adequate to
construct and operate the wastewater 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; (3-31-22)
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 (3-31-22)
c. Adequate fiscal controls must be
demonstrated. (3-31-22)
d. For
private municipal wastewater treatment plants, a performance bond, maintenance
bond, or cash reserve of one (1) year of operation and maintenance costs is
required to ensure continuous and adequate operation and maintenance.
(3-31-22)
03.
Managerial Capacity. In order to demonstrate adequate managerial
capacity, the owner or operator of a new wastewater system shall submit at
least the following information to the Department: (3-31-22)
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; (3-31-22)
b. The name, address, and telephone number of
the person who will be accountable for ensuring that the wastewater system is
in compliance with these rules; (3-31-22)
c. The name, address, and telephone number of
the responsible charge operator; (3-31-22)
d. A description of the manner in which the
wastewater system will be managed. Information such as by-laws, restrictive
covenants, articles of incorporation, or procedures and policy manuals which
describe the management organizational structure shall be provided;
(3-31-22)
e. A recommendation of
staff qualifications, including training, experience, certification or
licensing, and continuing education; (3-31-22)
f. An explanation of how the wastewater
system will establish and maintain effective communications and relationships
between the wastewater system management, its customers, professional service
providers, and any applicable regulatory agencies; and (3-31-22)
g. Evidence of planning for future growth,
equipment repair and maintenance, and long term replacement of system
components. (3-31-22)
04.
Consolidation. In demonstrating new system capacity, the owner of
the proposed new system must investigate the feasibility of obtaining
wastewater service from an established public wastewater 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 wastewater users, and
protection of public health. (3-31-22)
