A. The provisions of this section shall apply to all subsurface sewage disposal systems installed on any parcel located over the Rathdrum Prairie Aquifer.
B. The Board of County Commissioners and the Board of Health have determined that extensive use of subsurface wastewater disposal on parcels located over the Rathdrum Prairie Aquifer presents a threat to the public health by contamination of the Rathdrum Prairie Aquifer, which has been designated as a sole source aquifer by the U.S. Environmental Protection Agency (EPA) and as a sensitive resource aquifer by the Idaho Department of Environmental Quality (DEQ). Therefore, it is the intent of the Board of County Commissioners to adopt regulations which continue to govern subsurface sewage disposal which shall apply to all parcels located over the Rathdrum Prairie Aquifer.
C. Subsurface Sewage Disposal System Regulations:
1. All installations of subsurface sewage disposal systems must be made in compliance with applicable DEQ and Panhandle Health District No. 1 (PHD) rules.
2. A subsurface sewage disposal system for one (1) dwelling equivalent may be installed in accordance with paragraph (1) of this subsection if the system is on a single parcel of land of five (5.00) acres or larger in surface area and the total loading for that parcel does not exceed one (1) dwelling equivalent per five (5.00) acres, except where one (1) system is replacing another. Every parcel of land created after December 20, 1977, except as otherwise permitted in this section, shall maintain the dwelling equivalent(s) allowed for the original parcel of land existing on that date.
3. No subsurface sewage disposal system may be installed on any parcel of land of less than five (5.00) acres in surface area except under the following conditions:
a. A subsurface sewage disposal system for a single dwelling equivalent shall be permitted on parcels of land less than five (5.00) acres in size which were acquired or established prior to December 20, 1977, provided that such parcels comply with all other rules governing individual subsurface sewage disposal systems; or
b. Where one (1) subsurface sewage disposal system is replacing another with no increase in sewage loading.
4. On all developments subject to the provisions of subparagraph (a) of paragraph (3) of this subsection, all installations shall be done in coordination with local government planning, and approved by DEQ where applicable.
5. Upon notification by the PHD Health Officer, the owner of any parcel of land utilizing a subsurface sewage disposal system shall disconnect such system from any buildings on that parcel of land and connect the building sewer from the buildings to a collection and treatment system whenever it becomes available for service to that parcel.
D. The provisions of this section shall not apply to any parcel in which sewage disposal is provided by a municipal or community sewer system owned and operated by a duly organized city, sewer district, water and sewer district, or recreational water and sewer district. (Ord. 574, 3-22-2022; amd. Ord. 578, 9-8-2022)