Variances

01. Technical Allowance. The Director may make a minor technical allowance to the dimensional or construction requirements for a standard system if the allowance: (7-1-25) a. Does not affect adjacent property owners or the public at large; (7-1-25) IDAHO ADMINISTRATIVE CODE IDAPA 58.01.03 – Individual/Subsurface Sewage Department of Environmental Quality Disposal & Cleaning of Septic Tanks Rules Section 011 Page 22 b. Does not violate the intent of the rules. (7-1-25) c. Does not conflict with any other rule, regulation, standard, or ordinance; and (7-1-25) d. Changes to a dimensional requirement is not more than ten percent (10%) unless otherwise provided for in the TGM. (7-1-25) 02. Variance Petition. A petition for rule variance must be filed with the Director and include the following detailed statements describing: (7-1-25) a. The facts upon which the variance is requested including a description of the intended use of the property, the estimates of the quantity of blackwaste or wastewater to be discharged, and a description of the existing site conditions; (7-1-25) b. The reason petitioner believes that compliance with the provision from which variance is sought would impose an arbitrary or unreasonable hardship, and a list of the injury the variance would impose on the public; and (7-1-25) c. The precise extent of the relief sought. (7-1-25) 03. Public Notice. When filing a petition, evidence must also be submitted showing all property owners within three hundred (300) feet of the affected site were notified fifteen (15) days before filing the petition. (7-1-25) 04. Petition Objections. Any person may file with the Department, within twenty-one (21) days after the filing the petition, a written objection to the grant of the variance. A copy of the objection must be provided by the Department to the petitioner. (7-1-25) 05. Investigation and Decision. After investigating the variance petition and considering the views of persons who might be adversely affected by the grant of the variance, the Director will, within sixty (60) days after the filing of the petition, make a decision regarding the petition. The Department will provide the decision to the petitioner, including: (7-1-25) a. A description of the efforts made by the Director to investigate the facts as alleged and to obtain and summarize the views of persons who might be affected; (7-1-25) b. A statement of the degree to which, if at all, the Director disagrees with the facts as alleged in the petition; and (7-1-25) c. Allegations of any other facts believed relevant to the disposition of the petition. (7-1-25) 06. Limitations on Decision. No technical allowance or variance will be granted unless: (7-1-25) a. Adequate proof is shown by the petitioner that compliance would impose an arbitrary or unreasonable hardship; (3-31-22) b. The technical allowance or variance rendered is consistent with the recommendations of the TGC or TGM in use at the time of the petition; and (7-1-25) c. The Director has determined that the approval of the technical allowance or variance will not violate the intent of the rules. (7-1-25)