2014 Louisiana Laws
Revised Statutes
TITLE 40 - Public Health and Safety
RS 40:4.13 - Water systems; National Primary Drinking Water Regulations; sanitary survey; use of Ten State Standards

§4.13. Water systems; National Primary Drinking Water Regulations; sanitary survey; use of Ten State Standards

A. Neither the state health officer nor the office of public health of the Department of Health and Hospitals shall promulgate a rule or take action requiring the modification of an existing community water system in operation before August 1, 2013, unless the state health officer or the office of public health of the Department of Health and Hospitals demonstrates that such public water system, with proper operation and maintenance, is incapable of attaining compliance with the National Primary Drinking Water Regulations without the modification. For the purposes of this Section, "National Primary Drinking Water Regulations" means such requirements defined in 40 CFR 141 and 40 CFR 142.16(b).

B.(1) A sanitary survey of a public water system shall be conducted only to ensure compliance with the National Primary Drinking Water Regulations and the state Sanitary Code requirements.

(2) The state health officer or the office of public health of the Department of Health and Hospitals shall classify as a significant deficiency only a defect in design, operation, or maintenance, or a failure or malfunction of the sources, treatment, storage, or distribution system that is causing, or may reasonably be expected to cause, the introduction of contamination into the water delivered to consumers.

C.(1) The state health officer and the office of public health of the Department of Health and Hospitals shall use the Recommended Standards for Water Works, the "Ten State Standards", promulgated by the Great Lakes-Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers only as a guide in the review of plans and specifications submitted in connection with an application for a permit for a new public water supply system or in connection with the modification of an existing public water system.

(2) A permit for a public water supply system that complies with the National Primary Drinking Water Regulations shall be issued, whether or not such design adheres to the Ten State Standards.

D.(1) The Louisiana Standards for Water Works Construction, Operation, and Maintenance Committee, hereinafter referred to as the "committee", shall be created within the Department of Health and Hospitals to develop and approve rules and regulations to repeal, revise, or replace LAC 51:XII Chapters 1 and 3. Such rules and regulations shall include but not be limited to rules and regulations for waterworks construction, operation, and maintenance and the list of significant deficiencies contemplated in Paragraph (B)(2) of this Section. The committee shall not repeal, revise, or replace LAC 51:XII Chapters 5 through 19, which shall continue to be revised as necessary by the state health officer in accordance with the Administrative Procedure Act.

(2) The office of public health of the Department of Health and Hospitals shall promulgate rules and regulations pursuant to the Administrative Procedure Act implementing the standards developed by the committee.

(3) The committee shall be appointed as follows:

(a) Three members appointed by the office of public health of the Department of Health and Hospitals.

(b) Two members appointed by the Louisiana Municipal Association.

(c) Two members appointed by the Louisiana Rural Water Association.

(d) Two members appointed by the Police Jury Association of Louisiana.

(e) Two members appointed by the Louisiana Engineering Society.

(f) Two members appointed by the Louisiana public water suppliers, the Southwest Section of the American Water Works Association.

(g) Two members appointed by the Louisiana public water suppliers, the National Association of Water Companies.

(h) Two members appointed by the Louisiana Section of the American Society of Civil Engineers.

(i) One member appointed by the Louisiana Environmental Action Network.

(4) The assistant secretary of the office of public health of the Department of Health and Hospitals shall appoint one of its two appointees to the committee to serve as chairman of the committee. The chairman shall call the first meeting no later than September 1, 2013. The committee shall meet monthly until the committee-approved rules and regulations are promulgated. Thereafter, the committee shall meet quarterly. Additional meetings may be called by the chairman. The chairman shall call additional meetings if requested in writing by at least nine committee members.

(5) Nine members of the committee physically present shall constitute a quorum and the presence of a quorum shall be required to transact the business of the committee.

(6) The meetings of the committee shall be subject to the Louisiana Open Meetings Law.

(7) The meetings of the committee shall be held at the Department of Health and Hospitals headquarters in Baton Rouge.

(8) The office of public health of the Department of Health and Hospitals shall provide administrative assistance to and serve as staff for the committee.

(9) The rules and regulations for the Louisiana Standards for Water Works Construction, Operation, and Maintenance shall not be promulgated until the proposed rules and regulations or changes thereto are approved by the Department of Health and Hospitals and approved by a majority vote of the committee.

E. The committee shall, at a minimum, approve rules and regulations pursuant to Subsection D of this Section necessary for the state of Louisiana to maintain drinking water program primacy from the United States Environmental Protection Agency. The Department of Health and Hospitals shall promulgate, pursuant to the Administrative Procedure Act, only such committee approved rules and regulations and only as necessary to secure or maintain such primacy.

Acts 2013, No. 292, §2, eff. June 14, 2013; Acts 2014, No. 488, §1, eff. June 5, 2014.