Idaho Admin. Code r. 58.01.03.006

Current through September 2, 2024

Section 58.01.03.006 - INSTALLER'S REGISTRATION PERMIT AND SERVICE PROVIDER CERTIFICATION

01.Permit and Certification Required. Every installer and service provider shall secure from the Director an installer's registration permit. Service providers must also obtain a service provider's certification. Two (2) types of installer permits and one (1) type of service provider certification are available.

a. A standard and basic alternative system installer's registration permit is required to install all individual systems not listed under Subsection 006.01.b.

b. A complex alternative system installer's registration permit is required to install evapotranspiration systems, ETPSs, lagoon systems, large soil absorption systems, pressure distribution systems, proprietary wastewater treatment systems, intermittent sand filters, sand mounds, or other systems as may be specified by the Director.

c. A service provider certification is required to perform operation, maintenance, or monitoring of ETPSs and any other Director-identified complex alternative systems.

02.Examination. The initial issuance of the installer's permit and service provider certification shall be based on the completion of an examination, with a passing score of seventy percent (70%) or more, of the applicant's knowledge of the principles set forth in these rules and the applicable sections of the Technical Guidance Manual. The examinations will be prepared, administered and graded by the Director. The installer examination and service provider examination shall be separate exams.

03.Permits and Certifications Required Annually. Registration permits and service provider certifications expire annually on the first (1st) day of January, and all permits and certifications issued thereafter will be issued for the balance of the calendar year. Additionally, installers and service providers shall attend at least one (1) refresher course approved by the state of Idaho, Department of Environmental Quality, every three (3) years. Individuals holding both a complex installer registration permit and service provider certification shall attend one refresher course for the complex installer registration permit and another course for the service provider certification. Installer and service provider refresher courses are not interchangeable.

04.Contents of Application.

a. Applications for installer permits and service provider certifications shall:

i. Be in writing:

ii. Be signed by the applicant or by an officer or authorized agent of a corporation:

iii. Contain the name and address of the applicant; and

iv. Indicate whether the permit is to be for;

(1) Installation of standard and basic alternative systems;

(2) Installation of standard, basic and complex alternative systems; or

(3) Installation of standard, basic and complex alternative systems and certification as a service provider; and

v. Contain the expiration date of the bond required by Subsection 006.05.

b. Additionally, for applicants seeking certification as a service provider, the application shall also contain documentation of manufacturer specific training, as required by Subsection 006.06.a.

05.Bond Required. At the time of application, all applicants, including those seeking a service provider certification, shall deliver to the Director a bond in a form approved by the Director in the sum of five thousand dollars ($5,000) for a standard and basic alternative system installer's registration permit, or in the sum of fifteen thousand dollars ($15,000) for standard, basic and complex alternative system installer's registration permit. The bond will be executed by a surety company duly authorized to do business in the state of Idaho and must run concurrent with the installer's registration permit. The bond shall be approved by the Director and must guarantee the installer or service provider's faithful performance of all work undertaken under the provisions of the installer's registration permit or service provider certification, or both. Any person who suffers damage as the result of negligent or wrongful acts of the installer or service provider or by the installer or service provider's failure to competently perform any of the work agreed to be done under the terms of the registration permit or certification shall, in addition to other legal remedies, have a right of action on the bond for all damages not exceeding five thousand dollars ($5,000) for standard and basic alternative systems or fifteen thousand dollars ($15,000) for complex alternative systems or required operation, maintenance, or monitoring by certified service providers. The maximum liability of the surety and/or sureties on the bond, regardless of the number of claims filed against the bond, shall not exceed the sum of five thousand dollars ($5,000) for standard and basic alternative systems or fifteen thousand dollars ($15,000) for complex alternative systems or required operation, maintenance, or monitoring by certified service providers.

06.Service Provider Responsibilities. All certified service providers who provide operation, maintenance, or monitoring for any complex alternative system are responsible for compliance with each of these rules that are relevant to those services. Additionally, each certified service provider shall:

a. Obtain documentation of the completed manufacturer-specific training of each manufactured and packaged treatment system for which the service provider intends to provide operation, maintenance, or monitoring. Proper documentation includes a certificate or letter of training completion provided by the manufacturer and an expiration date of the manufacturer's certification. If a system manufacturer is no longer in business, that manufacturer-specific training is not required;

b. Maintain a comprehensive list of real property owners who contracted with the certified service provider including the current real property owner name, service property address, real property owner contact address, and subsurface sewage disposal permit number. This list shall be provided to the Director as part of the annual operation, maintenance, and monitoring reports for individual real property owners;

c. Notify the system owner in writing of any improper system function that cannot be remedied during the time of operation, maintenance, and monitoring services; and

d. Submit all operation, maintenance, and monitoring records in the form of an annual report for each individual real property owner for whom the service provider agrees to fulfill the real property owner's operation, maintenance, or monitoring responsibilities required in Subsection 009.03. The annual reports are to be provided to the Director by the timeframe specified in the TGM for the specific complex alternative system for which operation, maintenance, or monitoring is required.

07.Exemption. An installer's permit shall not be required for:

a. Any person, corporation, or firm constructing a central or municipal subsurface sewage disposal system if that person, corporation, or firm is a licensed public works contractor as provided in Title 54, Chapter 19, Idaho Code, is experienced in the type of system to be installed and is under the direction of a professional engineer licensed in the state of Idaho; or

b. Owners installing their own standard or basic alternative systems.

08.Application Fee. All applications shall be accompanied by payment of the fee specified in IDAPA 58.01.14, Section 120, "Rules Governing Fees for Environmental Operating Permits, Licenses, and Inspection Services".

09.Grounds for Revocation. Failure to comply with these rules shall be grounds for revocation of the permit or the certification, or both.

10.Transfer from Non-Profit Operation and Maintenance Entity to Certified Service Provider.

a. Real property owners who want to install ETPSs must retain a permitted installer and certified service provider. An easement granting general access to a non-profit operation and maintenance entity is no longer required for ETPS installation permits.

b. Beginning July 1, 2017, real property owners who had ETPSs installed are not required to be members of non-profit operation and maintenance entities. To meet the operation, maintenance, and monitoring requirements of their ETPSs, real property owners shall retain a certified service provider for their existing ETPSs.

Idaho Admin. Code r. 58.01.03.006

Effective March 31, 2022