reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 3 - Water Quality Standards › Section XII-353 - Disinfection of New Water Supplies [formerly paragraph 12:020-2]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pumps, pipes,
				wells, tanks and other parts of new systems shall be thoroughly disinfected by
				the use of chlorine or chlorine compounds before being placed in use. The rate
				of application of chlorine shall be in such proportion to the rate of water
				entering the pipe or other appurtenances that the chlorine dose applied to the
				water shall be at least 50 mg/l. Chlorinated water shall be retained long
				enough to destroy non-spore-forming bacteria. The period shall be at least
				three hours and preferably longer, as may be directed. After the chlorine
				treated water has been retained for the required time, the chlorine residual at
				pipe extremities and at other representative points shall be at least 5 mg/l.
				If the residual is less than 5 mg/l, the disinfection procedure shall be
				repeated until a 5 mg/l residual is obtained, as required above.
B. [formerly paragraph 12:020-3] Large
				storage tanks may be disinfected by washing down the interior of the tank with
				a chlorine solution having at least 200 mg/l available chlorine and then
				washing the interior of the tank with potable water and wasting the wash
				water.
C. [formerly paragraph
				12:020-4] Water from new systems, or from new parts of existing systems, shall
				not be furnished for consumer's use until tests performed by a laboratory which
				is certified by the state heath officer have shown the new system or new part
				of the system to be free from contamination by coliform bacteria (following EPA
				approved procedures prescribed in
Standard Methods for the Examination
				of Water and Wastewater
, Nineteenth Edition). Samples shall not be
				collected from the new facilities until such new facilities have been
				disinfected as prescribed in §353. A above, and the chlorinated water
				thoroughly flushed from the system.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  36:254 (B)(7),
				  R.S.
				  40:4 (A)(8), and
				  R.S.
				  40:5 (5)(6).
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 3 - Water Quality Standards › Section XII-355 - Mandatory Disinfection [formerly paragraph 12:021-1]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Routine, continuous disinfection is
				required of all public water systems.
1.
				Where a continuous chloramination (i.e., chlorine with ammonia addition) method
				is used, water being delivered to the distribution system shall contain a
				minimum concentration of 0.5 mg/l of chloramine residual (measured as total
				chlorine).
2. Where a continuous
				free chlorination method is used, water being delivered to the distribution
				system shall contain a minimum concentration of free chlorine residual in
				accordance with the following table.
Table 355.A.2
pH Value
Free Chlorine Residual
up to 7.0
0.5 mg/l
7.0 to 8.0
0.6 mg/l
8.0 to 9.0
0.8 mg/l
over 9.0
1.0 mg/l
a. Table
				355.A.2 does not apply to systems using chloramines.
b. pH values shall be measured in accordance
				with the methods set forth in §1105. D of this Part.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 3 - Water Quality Standards › Section XII-357 - Minimum Disinfection Residuals [formerly paragraph 12:021-2]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Disinfection
				equipment shall be operated to maintain disinfectant residuals in each finished
				water storage tank and at all points throughout the distribution system at all
				times in accordance with the following minimum levels:
1. a free chlorine residual of 0.5 mg/l;
				or
2. a chloramine residual
				(measured as total chlorine) of 0.5 mg/l for those systems that feed
				ammonia.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 3 - Water Quality Standards › Section XII-358 - Treatment Technique Requirement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless holding a valid variance from
				mandatory disinfection, each public water system using ground water as its
				source of water supply shall incur a treatment technique violation when it
				fails to comply with the minimum residual disinfectant concentration (0.5 mg/l
				free chlorine or total chlorine) in more than 5.0 percent of the samples
				collected each month from the distribution system for any two consecutive
				months. Upon the determination that a treatment technique violation has
				occurred, the public water system shall provide tier 2 public notification in
				accordance with §1907
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:4(A)(8)(13) and
				  R.S.
				  40:5(2)(3)(5)(6)(17)(20).
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 3 - Water Quality Standards › Section XII-359 - Other Methods of Disinfection [formerly paragraph 12:021-3]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Where chlorination is not used as the
				primary disinfectant, chlorine or chloramines shall be used as the secondary
				disinfectant to provide the residuals required in §357. A of this Part. Other
				methods shall be evaluated on a case-by-case basis by the state health
				officer.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:4 (A)(8) and
				  R.S.
				  40:5 (5)(6).
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 3 - Water Quality Standards › Section XII-361 - Implementation of Disinfection Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. A public water system not holding a
				disinfection variance on November 6, 2013 shall comply with the requirements of
				§355 A, §357, §367 C, and §367. G of this Part on the later of:
1. February 1, 2014; or
2. the expiration date of any additional time
				for compliance beyond February 1, 2014 granted by the state health officer. A
				request for additional time may be submitted in writing prior to February 1,
				2014 only, and shall provide detailed justification and rationale for the
				additional time requested. The state health officer may grant such additional
				time if significant infrastructure improvements are required to achieve
				compliance with said requirements.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 3 - Water Quality Standards › Section XII-363 - Revocation of Variances [formerly paragraph 12:021-5]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A variance from mandatory disinfection
				shall be revoked when a public water system has a bacteriological MCL
				violation. When a variance is revoked, the system shall install mandatory
				continuous disinfection as stated in
				§355 of this Part within the times
				specified in a compliance schedule submitted to and approved by the state
				health officer. Such schedule shall be submitted within 10 days of receipt of
				notice of revocation.
B. Except for
				variances held by qualifying public water systems that comply with §361. B.3 of
				this Part or receive approval of an alternate plan under §361. B.4 of this
				Part, any variance concerning the mandatory disinfection requirements of
				§355 and/or
				§357 of this Part held by a public water
				system as of November 6, 2013 shall be automatically revoked on the later of:
1. February 1, 2014;
2. the expiration date of any additional time
				for compliance granted by the state health officer under §361. B.2 of this
				Part; or
3. the denial of a request
				for approval of an alternate plan submitted under §361. B.4 of this
				Part.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 3 - Water Quality Standards › Section XII-365 - Batch Disinfection [formerly paragraph 12:021-6]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The state health officer may allow batch
				disinfection for emergency purposes. Batch disinfection shall not be considered
				a method of continuous disinfection.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:4 (A)(8)(13) and
				  R.S.
				  40:5
				  (2)(3)(5)(6)(17)(20).
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 3 - Water Quality Standards › Section XII-367 - Disinfectant Residual Monitoring and Record Keeping [formerly paragraph 12:021-7]

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Disinfectant Residual Monitoring in Treatment Plant. A public water system
				shall measure the residual disinfectant concentration in water being delivered
				to the distribution system at least once per day.
B. Disinfectant Residual Monitoring in
				Distribution System. A public water system shall measure the residual
				disinfectant concentration within the distribution system:
1. by sampling at the same points in the
				distribution system and at the same times that samples for total coliforms are
				required to be collected by the public water system under this Part;
2. by sampling at an additional number of
				sites calculated by multiplying 0.25 times the number of total coliform samples
				the public water system is required under this Part to take on a monthly or
				quarterly basis, rounding any mixed (fractional) number product up to the next
				whole number. These additional residual monitoring samples shall be taken from
				sites in low flow areas and extremities in the distribution system at regular
				time intervals throughout the applicable monthly or quarterly sampling period;
				and
3. by sampling at the site that
				represents the maximum residence time (MRT) in the distribution system at least
				once per day.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 3 - Water Quality Standards › Section XII-369 - Water Shall Be Provided [formerly paragraph 12:022-1]

Current through Register Vol. 50, No. 6, June 20, 2024
A. It shall be the duty of the owner or
				manager of any premises occupied as a residence, hotel, lodging house, tenement
				house, office building, shop, factory, or waiting room or depot of a railroad
				or other common carrier to provide a safe supply of potable water for human
				consumption and for sanitary purposes.
B. [formerly paragraph 12:022-2] In all cases
				where the owner or owners of the property or premises referred to in this Code
				shall not reside in the place where the property is situated, or when such
				property shall belong to an estate, succession or corporation, it shall be the
				duty of the agent, or representative of the owners thereof, or the persons who
				shall have charge of said property for the owners thereof, or who shall collect
				the rent of such premises, if the same is rented, to provide and furnish such
				premises with a safe and adequate potable water supply. In case such person
				shall fail or neglect to supply the same to such premises, within 15 days after
				due notice, he shall be in violation of the provisions of this Part.
C. [formerly paragraph 12:022-3] Each public,
				parochial and private school shall be provided with a potable water supply
				which is approved as to source, location, and distribution by the state health
				officer.
D. [formerly paragraph
				12:022-4] It shall be the duty of all employers to supply an adequate, safe,
				potable water supply for all employees.
E. [formerly paragraph 12:022-5] Wherever a
				public water supply is available, no other supply shall be furnished for
				potable purposes to employees in any factory or industrial plant, or other
				place of business, unless such other supply is approved by the state health
				officer. If no public water supply is available, the water for potable purposes
				shall be of safe, sanitary quality approved by the state health officer. If the
				water supply for industrial or fire protection purposes is obtained entirely or
				in part from a source not approved for potable purposes, this supply shall be
				distributed through an independent piping system having no connection with the
				system carrying potable water. All faucets or other outlets furnishing water
				which is not safe for potable purposes shall be conspicuously so
				marked.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:4 (A)(4)(5)(8)(10) and
				  R.S.
				  40:5
				  (2)(3)(5)(6)(16)(17)(20).
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 3 - Water Quality Standards › Section XII-371 - Public Drinking Fountains [formerly paragraph 12:023-1]

Current through Register Vol. 50, No. 6, June 20, 2024
A. All public
				drinking fountains shall be designed and constructed in accordance with the
				provisions of the Louisiana State Plumbing Code (LSPC). Drinking fountains and
				coolers shall be constructed of lead free materials as specified in §335. B of
				this Part.
B. [formerly paragraph
				12:023-2] Water fountains and coolers shall be so constructed that the ice or
				other refrigerant used for cooling cannot come in contact with the
				water.
C. [formerly paragraph
				12:023-3] Where water coolers or supply tanks used for drinking water are not
				directly connected to the source of supply, arrangements for filling the
				containers shall be such as to prevent contamination of the water.
D. [formerly paragraph 12:023-4] The use of a
				common drinking cup is prohibited.
AUTHORITY NOTE:
				  Promulgated in accordance with the provisions of
				  R.S.
				  40:4.A(7)(8) and
				  40:5(5)(6).
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 3 - Water Quality Standards › Section XII-373 - Potable Water Loading Stations [formerly paragraph 12:024]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Portable hoses used for filling water
				containers shall be provided with a metal disk at the nozzle to prevent contact
				of nozzle with ground or floors. When not in use, the portable hoses shall be
				protected from dirt and contamination by storage in a tightly enclosed cabinet
				and shall have a cap to cover the nozzle.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:4 (A)(7)(8) and
				  R.S.
				  40:5 (5)(6).
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 3 - Water Quality Standards › Section XII-375 - Issuance of Emergency Boil Notices [formerly paragraph 12:025]

Current through Register Vol. 50, No. 6, June 20, 2024
A. An emergency
				boil notice, when it is deemed necessary to protect public health, shall be
				authorized only by the state health officer. Once implemented, said notice may
				be rescinded or cancelled only by the state health officer.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:4 (A)(8)(13) and
				  R.S.
				  40:5.
				  (2)(3)(5)(6)(17)(20).
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 3 - Water Quality Standards › Section XII-377 - Adoption by Reference [formerly paragraph 12:026]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The National Primary Drinking Water
				Regulations, as defined in
				§101 of this Part, are hereby
				incorporated by reference into this Part of the sanitary code and shall have
				the same force and effect of state law as any other Section of this Part just
				as if they had been fully published herein. Every public water system shall
				comply with the National Primary Drinking Water Regulations as defined herein.
				When the National Primary Drinking Water Regulations as defined herein and the
				state's own rules and/or regulations applicable to public water systems
				conflict, the state's own rules and/or regulations shall govern [e.g., the
				Louisiana Total Coliform Rule (Chapter 9 of this Part, formerly Appendix C)
				provisions shall govern when any of the federal Total Coliform Rule provisions
				are found to conflict].
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  36:254 (B)(7),
				  R.S.
				  40:4 (A)(8), and
				  R.S.
				  40:5
				  (2)(3)(5)(6)(17)(20).
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 4 - Community Water System Accountability Rule › Section XII-401 - Statement of Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Pursuant to Act 98 of the 2021 Regular Legislative Session, the LDH-OPH adopts
				a letter grade schedule for community water systems to provide an
				accountability process to support drinking water infrastructure sustainability
				for the citizens of Louisiana.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:4(A)(8),
				  R.S.
				  40:5.A.(2)(3)(5)(6)(17)(20) and
				  R.S.
				  40:5.9.1.
				  D.(1).
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 4 - Community Water System Accountability Rule › Section XII-403 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				requirements established in this Chapter are applicable to community water
				systems as defined in this Part and under
				R.S.
				40:5.8.
B. For each active community water system
				(CWS), LDH-OPH shall determine and publish an annual letter grade and score in
				accordance with this Chapter. The CWS annual letter grade shall be based on the
				CWS final score calculated in accordance with §407 of this Part using the
				letter grade schedule standards specified in §405 of this Part.
1. The letter grades and scores published
				January 1, 2023 are preliminary and shall be finalized and republished no later
				than May 1, 2023 on the LDH-OPH website. For subsequent years starting in 2024,
				the final letter grades and scores shall be published on the LDH-OPH website by
				May 1 each year. The published letter grades and scores are not subject to
				change after May 1 until the next annual letter grade and score is
				published.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 4 - Community Water System Accountability Rule › Section XII-405 - Letter Grade Schedule

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				letter grade and score for community water systems shall be based on the
				following standards and point deductions.
1.
				For federal water quality violations history:
a. five points shall be deducted for each
				maximum contaminant level (MCL) violation incurred during the graded
				year;
b. five points shall be
				deducted for each Lead and Copper Rule treatment technique (TT) violation
				inclusive of failure to install corrosion control treatment or failure to
				maintain optimal water quality parameters for optimized corrosion control
				treatment incurred for the last monitoring period; and
c. an additional 10 points shall be deducted
				for noncompliance with an administrative order issued for MCL or TT
				violations.
d. the total points
				deducted for federal water quality violations shall not exceed 30.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 4 - Community Water System Accountability Rule › Section XII-407 - Calculation of Letter Grade and Score

Current through Register Vol. 50, No. 6, June 20, 2024
A. The score for each community water system
				shall be calculated per the following method:
1. Using the Letter Grade Schedule in §405 of
				this Part, sum the points deducted for each standard specified in §405.A 1-7.b
				and subtract the total point deduction from 100. Extra points can be added to
				the final score if granted per §405.B of this Part. See Table 407.A.1 (below)
				for an example of the grade score calculation.
Table 407.A.1
Letter Grade Score Calculation
							 Example
Grade Standards
Point Deductions
1. Federal Water Quality Violations
0
2. State Violations
2
3. Financial Sustainability
0
4. Operation and Maintenance Performance
3
5. Infrastructure Violations
0
6. Customer Satisfaction
5
7. Level of Secondary Contaminants
5
Total Point Deduction
15
Extra Points
5
Score = 100 - Total Point Deduction + Extra
							 Points
(Score = 100 - 15 + 5)
90
Letter Grade
A
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 4 - Community Water System Accountability Rule › Section XII-409 - Financial Sustainability Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Community water systems shall have a rate
				assessment or study performed every 5 years by a qualified entity approved by
				the state health officer. Qualified entities include, but are not limited to, a
				Louisiana licensed professional engineer, a certified public accountant (CPA),
				or the Louisiana Rural Water Association (LRWA).
1. A rate study shall include a rate analysis
				completion report containing the following:
a. the completed rate analysis;
b. the rate analysis summary letter that
				includes the rate analysis findings and recommendations to maintain
				sustainability; and
c.
				documentation that includes the dates that the rate analysis was presented to
				the legally responsible person for the community water system and the decision
				to implement or reject the rate analysis findings.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 4 - Community Water System Accountability Rule › Section XII-411 - Reporting Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Community water systems shall submit the following information to LDH-OPH in a
				format approved by LDH-OPH by January 31 of each year starting 2023 unless
				specified otherwise in this Section.
1. A rate
				study performed on or after April 20, 2017 and in accordance with §409.A of
				this Part along with the current water rates for the community water system and
				any documentation authorizing and adopting the last rate increase. Unless
				updated, a rate study is not required to be submitted every year.
2. The last annual report (as submitted to
				Louisiana Secretary of State) and the prior year financial report for the
				company owning the community water system, or a prior year audit report (as
				submitted to the Louisiana Legislative Auditor) for the political subdivision
				(e.g., municipality) over the community water system.
3. A demonstrated flushing plan with
				verification of implementation if directed by LDH-OPH to have a flushing
				program to mitigate poor water quality in the distribution system as required
				by Louisiana Revised Statutes 40:1281.12.
4. A complaint log containing all water
				related complaints received by the community water system for the previous
				calendar year as required by Louisiana Revised Statutes 40:1281.12.
5. The documentation for items listed in
				§405.B.1 of this Part if the community water system wants to receive extra
				points per §405 B
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 5 - Civil Penalty Assessment Rule [formerly appendix A] › Section XII-501 - Statement of Purpose [formerly section 1.1 of paragraph I of appendix A]

Current through Register Vol. 50, No. 6, June 20, 2024
A. This rule is
				intended to be a mechanism to secure rapid and full compliance with the
				requirements of the state sanitary code and other applicable laws and
				regulations relative to public water systems providing safe drinking water. It
				is not intended as a revenue gathering mechanism, and the Safe Drinking Water
				Program is not dependent upon any level of penalty revenue to balance its
				budget. It is based on the principle of reasonable enforcement guidelines to be
				vigorously implemented. As defined by
				R.S.
				40:5.9, penalties may be assessed only on the
				basis of non-compliance with corrective orders, rather than on the basis of the
				mere existence of a violation.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:5.9
				  (A)(4).
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 5 - Civil Penalty Assessment Rule [formerly appendix A] › Section XII-503 - General Provisions [formerly section 2.1 of paragraph II of appendix A]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Nothing herein
				shall be construed to prohibit the state health officer from modifying the
				contents of an administrative order if changes are warranted to ensure
				compliance with applicable laws and regulations or to allow for the practical
				ability to comply with the items so ordered. It is incumbent upon the person to
				whom the administrative order was issued to submit a written request for order
				modifications when, for instance, it is realized that compliance cannot be
				achieved within the time constraints specified in the order due to unforeseen
				problems or delays such as inclement weather conditions. Such requests shall be
				considered if the request is received by the state health officer not later
				than five days before the compliance deadline expires. In order to show proof
				and date of service, the person requesting any order modifications shall do so
				by at least one of the following methods:
1.
				use of the United States Postal Service via certified mail-return receipt
				requested, registered mail-return receipt requested, or express mail-return
				receipt requested;
2. transmission
				by facsimile machine will also be accepted; however, the state health officer
				shall be deemed not to have officially received a facsimile transmission until
				such time as the requester has received a written acknowledgment, via facsimile
				or mail, of receipt from the Office of Public Health. Said acknowledgment of
				receipt shall state the date when the Office of Public Health actually received
				the transmission and this date, regardless the sender's transmission date,
				shall be used in the determination of whether or not the time limit stated
				above was met. It is the responsibility of the sender to ask the Office of
				Public Health for a written acknowledgment of receipt of any facsimile
				transmissions which may be sent to the state health officer;
3. use of a private shipping service, such as
				United Parcel Service, Federal Express, etc., when such a service can provide a
				written receipt to the sender stating the date of delivery to the state health
				officer.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 5 - Civil Penalty Assessment Rule [formerly appendix A] › Section XII-505 - Calculation of Daily Penalties [formerly section 3.1 of paragraph III of appendix A]

Current through Register Vol. 50, No. 6, June 20, 2024
A.R.S.
				40:5.9(A) authorizes the
				state health officer to assess a civil penalty up to $3,000 a day for each day
				of violation and for each act of violation of a provision of an administrative
				compliance order.
B. [formerly
				section 3.2 of paragraph III of appendix A] For purposes of implementation of
				R.S.
				40:5.9, violation of one or more provisions
				of an administrative compliance order shall be handled as follows.
1. All violations for a given public water
				system shall be handled as a package (i.e., the statutory maximum daily penalty
				of $3,000 per day per violation will be handled as a maximum daily penalty of
				$3,000 per day per public water system regardless of the number of individual
				violations). The daily penalty assessment amount shall be based upon the most
				serious uncorrected violation. As the level of seriousness classification or
				the level of culpability associated with the most serious uncorrected violation
				in the package changes, the daily penalty assessment amount will be
				recalculated accordingly from that time forward and added to any previously
				calculated assessment amounts.
2.
				In lieu of the requirements of §505. B.1 above, the state health officer, at
				his sole discretion, is authorized to impose a penalty of no less than $1,000
				per day per violation for those public water systems serving more than 10,000
				individuals [see Fed. Reg.: April 28, 1999 (Volume 63, Number 81, page
				23,367)].
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 5 - Civil Penalty Assessment Rule [formerly appendix A] › Section XII-509 - Court Appeals [formerly section 5.1 of paragraph V of appendix A]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A person who is
				aggrieved by a final decision of the agency relative to penalty imposition may
				petition for judicial review according to the provisions of
				R.S.
				49:964 of the Administrative Procedure Act.
				Proceedings for review may be instituted by filing a petition in the Nineteenth
				Judicial District Court, Parish of East Baton Rouge, within 30 days after
				mailing of notice of the final decision by the agency. Copies of the petition
				shall be served upon the agency and all parties of record.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:5.9
				  (A)(4).
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 7 - Accompanying Guidelines to the Civil Penalty Assessment Rule [formerly Appendix B] › Section XII-701 - Statement of Purpose [formerly section 1.1 of paragraph I of appendix B]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				these "Accompanying Guidelines to the Civil Penalty Assessment Rule" (Chapter 7
				of this Part) are as follows.
1. This rule is
				intended to provide guidance for Safe Drinking Water Program staff in making
				recommendations to the state health officer regarding the exact penalty
				assessment amounts for the seriousness of the violation(s) and the culpability
				of the owner and/or operator when it has been determined that a public water
				system has failed to comply with the directives of an administrative
				order.
2. Additionally, guidance
				relative to determining mitigated penalty amounts are also contained herein.
				Such mitigation guidance is applicable irrespective of the method used in the
				calculation of penalties, i.e., irrespective of whether §505. B.1 of the
				"Civil Penalty Assessment Rule" (Chapter 5 of this Part) was used.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 7 - Accompanying Guidelines to the Civil Penalty Assessment Rule [formerly Appendix B] › Section XII-703 - Seriousness of Violation [formerly section 2.1 of paragraph II of appendix B]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to
				§505. B and D of the "Civil Penalty Assessment Rule (Chapter 5 of this Part),
				the following penalty assessment levels shall apply towards the seriousness of
				the violation (public health risk) for the various classifications of
				violations described in §707. A of the "Accompanying Guidelines to the Civil
				Penalty Assessment Rule" (Chapter 7 of this Part).
1. Imminent threat (high risk) type
				violations shall be assessed at 100 percent of one-half of the maximum daily
				penalty amount.
2. Priority threat
				(moderate risk) type violations shall be assessed at 65 percent of one-half of
				the maximum daily penalty amount.
3. Non-imminent threat (low risk) type
				violations shall be assessed at 35 percent of one-half of the maximum daily
				penalty amount.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 7 - Accompanying Guidelines to the Civil Penalty Assessment Rule [formerly Appendix B] › Section XII-705 - Culpability of the Owner and/or Operator [formerly section 3.1 of paragraph III of appendix B]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to
				§505. B and D of the "Civil Penalty Assessment Rule" (Chapter 5 of this Part),
				the following penalty assessment levels shall apply towards the culpability
				(the level of blame for the occurrence and/or continuance of a violation
				including factors such as attitude as well as the nature and extent of the
				efforts to comply) of the owner and/or operator for the particular violation
				for which a seriousness penalty is assessed.
1. Culpability determined to be deliberate or
				intentional (a willful action or lack of action) shall be assessed at 100
				percent of one-half of the maximum daily penalty amount.
2. Culpability determined to be recklessness
				(wanton disregard of the consequences but proceeded with risk in mind) shall be
				assessed at 65 percent of one-half of the maximum daily penalty
				amount.
3. Culpability determined
				to be negligence (failure to prevent the violation due to indifference, lack of
				reasonable care, lack of diligence, etc.) shall be assessed at 35 percent of
				one-half of the maximum daily penalty amount.
4. Culpability determined to be non-existent
				(those cases where the operator and/or owner has acted reasonably, but the
				violation occurred anyway) shall be assessed at 0 percent of one-half of the
				maximum daily penalty amount, i.e., $0.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 7 - Accompanying Guidelines to the Civil Penalty Assessment Rule [formerly Appendix B] › Section XII-707 - Classification of Violations [formerly section 4.1 of paragraph IV of appendix B]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The various
				types of violations which can occur are classified into three levels of
				seriousness based upon their public health risk. The three levels of
				seriousness are defined as follows.
1.
Imminent threat
type violations are defined as those
				violations considered to be of an acute risk to public health requiring an
				immediate action or response by the owner and/or operator of a public water
				system. Imminent threat type violations include, but are not limited to, the
				following:
a. exceeding maximum contaminant
				levels for nitrate;
b. exceeding
				the maximum contaminant level for total coliform when fecal coliform or
E. coli
is present in the water distribution system;
c. occurrence of a water-borne disease
				outbreak in an unfiltered surface water system or an unfiltered ground water
				system which is under the direct influence of surface water;
d. any violation specified by the state
				health officer as posing an acute risk to human health;
e. failure to comply with any remedial
				action(s) ordered in the context of an emergency order issued by the state
				health officer, such as but not limited to boil notices;
f. failure to give public notification of an
				acute violation (Tier 1-Acute) within the time frames allowed by law or duly
				adopted rule.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 7 - Accompanying Guidelines to the Civil Penalty Assessment Rule [formerly Appendix B] › Section XII-709 - Mitigation Guidance [formerly section 5.1 of paragraph V of appendix B]

Current through Register Vol. 50, No. 6, June 20, 2024
A.Section 507. C of
				the "Civil Penalty Assessment Rule" (Chapter 5 of this Part) allows the state
				health officer to mitigate penalties that have been imposed generally either
				upon proof that all of the provisions in the administrative compliance order
				have now been complied with or upon compliance with terms of a stipulation and
				agreed order. The following guidance will be used by the state health officer
				upon such mitigation proceedings.
1. When
				considering mitigation of the imposed penalty upon receipt of written
				application requesting such mitigation, the state health officer shall have the
				discretion to reduce the imposed penalty beginning at a reduction rate of 0
				percent up to no more than 90 percent. The ordinarily expected mitigation
				reduction rate shall be 50 percent of the assessed penalty for the first 60
				days of assessed penalty and an 80 percent reduction rate for penalties
				assessed beyond day 60. Using this procedure, if the end result of the
				calculated mitigated penalty amount is less than the minimum mitigation limits
				specified in §507. C of the "Civil Penalty Assessment Rule" (Chapter 5 of this
				Part), the minimum mitigation limits specified therein shall apply.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 9 - Louisiana Total Coliform Rule › Section XII-901 - Federal Regulations Adopted by Reference [formerly the preamble paragraph opening Appendix C]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				State of Louisiana, Louisiana Department of Health (LDH)-Office of Public
				Health (OPH) adopts the United States Environmental Protection Agency (USEPA)
				federal Total Coliform Regulations as published in the
Federal
				Register
, Volume 54, Number 124 Thursday, June 29, 1989. Pursuant to
				the definition of
national primary drinking water regulations
and the provisions of
				§377 of this Part, LDH-OPH adopts by
				reference the USEPA federal Revisions to the Total Coliform Rule (RTCR) as
				published in the
Federal Register
dated February 13, 2013
				(Volume 78, Number 30, pages 10346-10363). In addition, under
				§377 of this Part, LDH-OPH also adopts by
				reference certain USEPA minor corrections to the federal RTCR as published in
				the
Federal Register
dated February 26, 2014 (Volume 79,
				Number 38, pages 10668-10670). In order to clarify the state's discretionary
				decisions allowed by the federal requirements, the following is offered.
AUTHORITY NOTE:
				  Promulgated in accordance with R. S. 40: 4 (A)(8) and 40:5.A.
				  (3)(5)(6)(17)(20).
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 9 - Louisiana Total Coliform Rule › Section XII-905 - Coliform Repeat Compliance Monitoring [formerly Coliform Repeat Monitoring of Appendix C]

Current through Register Vol. 50, No. 6, June 20, 2024
A. If a routine
				sample is total coliform positive and the public water supply has their own
				certified laboratory, repeat samples shall be collected by the public water
				supply within 24 hours of being notified of the positive result. If the State
				collects and analyzes the samples, repeat samples shall be collected by the
				state within 24 hours of official notification. At least three repeat
				compliance samples shall be collected for each routine total coliform positive
				sample found.
B. For each routine
				total coliform positive sample, at least one repeat sample shall be collected
				from the sampling tap where the original total coliform positive sample was
				taken and at least one repeat sample shall be collected at a tap within five
				service connections upstream and at least one repeat sample shall be collected
				at a tap within five service connections downstream of the original sampling
				site.
C. The repeat samples shall
				be collected on the same day.
D. In
				a system with a single service connection, three 100 ml repeat samples shall be
				collected.
E. If total coliforms
				are detected in any repeat sample, the system shall collect another set of
				repeat samples from the same locations within 24 hours of being notified of the
				positive result. The system shall continue to collect additional sets of repeat
				samples until either total coliforms are not detected in one complete set of
				repeat samples or the system determines that a coliform treatment technique
				trigger under this Part has been exceeded as a result of a repeat sample being
				total coliform-positive and the State is notified.
AUTHORITY NOTE:
				  Promulgated in accordance with R. S. 40: 4 (A)(8) and
				  R.S.
				  40:5.A.
				  (3)(5)(6)(17)(20).
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 9 - Louisiana Total Coliform Rule › Section XII-907 - Analytical and Reporting Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Compliance samples for total coliform and
Escherichia coli
(
E. coli
) shall be analyzed
				by a certified microbiology laboratory/drinking water. The microbiology
				laboratory shall be certified by the state health officer for each method (and
				associated contaminant(s)) used for compliance monitoring analyses under this
				Part.
B. Compliance samples shall
				be analyzed to determine the presence or absence of total coliforms and
E. coli;
a determination of density is not required. If a
				routine or repeat sample result is positive for total coliform, the sample
				shall also be analyzed for
E. coli
immediately.
C. For compliance samples, laboratories shall
				use a State-approved laboratory report that contains the following information:
1. public water system (PWS) name and
				State-assigned PWS ID number;
2.
				sample identification number;
3.
				State-assigned point of collection (POC) site ID No. and POC address;
4. sample type (e.g., routine, repeat,
				source, replacement, investigative or other special purpose sample);
5. date and time of collection;
6. disinfectant residual (specify free or
				total and units of measurement);
7.
				name of sampler/collector;
8. date
				and time of sample receipt by the laboratory;
9. any deficiency in the condition of the
				sample;
10. date and time analysis
				begins;
11. analytical
				technique/method used;
12. results
				of analysis;
13. any remarks
				[quality control failures, etc.]; and
14. name and signature of the analyst
				performing the analysis.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 9 - Louisiana Total Coliform Rule › Section XII-909 - Invalidation of Total Coliform Results [formerly Invalidation of Total Coliform Results of Appendix C]

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Analysis results may be invalidated under specified conditions, including:
1. the OPH acknowledges improper analysis
				occurred or background bacteriological interference was present;
2. the OPH determines the contamination is
				from an internal plumbing problem, not the distribution system;
3. the OPH concludes, and states in writing,
				that the result is due to some condition not related to water quality. This
				written conclusion must be signed by an OPH representative and made available
				to the public and EPA.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 9 - Louisiana Total Coliform Rule › Section XII-911 - Treatment Technique Triggers and Maximum Contaminant Level [formerly Total Coliform MCL of Appendix C]

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The following conditions are considered treatment technique triggers.
1. For systems collecting 40 or more
				distribution system samples per month, more than 5.0 percent of the monthly
				samples are total coliform positive.
2. For systems collecting less than 40
				distribution system samples per month, two or more samples per month are total
				coliform positive.
3. Failure to
				collect every required repeat sample following a total coliform positive
				sample.
4. An
E.coli
maximum contaminant level (MCL) violation occurs as
				specified below:
a. a coliform-positive
				original sample that is also positive for
E. coli
is followed
				by a coliform-positive repeat sample;
b. a coliform-positive original sample
				followed by a coliform-positive repeat sample is also positive for
E.
				coli
;
c. failure to take
				all repeat samples following an
E. coli
positive routine
				sample; or
d. failure to test for
E. coli
on any repeat total coliform positive
				sample.
5. A second
				occurrence of conditions under Paragraph 1, 2 or 3 of this Subsection within a
				rolling 12-month period.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 9 - Louisiana Total Coliform Rule › Section XII-912 - Assessment Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Assessments shall be conducted in accordance with the requirements of the
				National Primary Drinking Water Regulations as amended by this Chapter after
				exceeding any of the treatment technique triggers described in
				§911 of this Part.
1. A Level 1 assessment shall be conducted if
				the system exceeds one of the treatment technique triggers described in
				Paragraph 1, 2, or 3 of §912 A
a. A Level 1
				assessment shall be conducted by an operator or operators holding a current
				license issued by the state health officer for water production, water
				treatment and water distribution in the class level (or higher) required for
				the population served by the system in accordance with the requirements of LAC
				48:V.Chapter 73.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 9 - Louisiana Total Coliform Rule › Section XII-913 - Public Notification [formerly Public Notification of Appendix C]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Public
				notification (PN) shall be provided in accord with the requirements of the
				National Primary Drinking Water Regulations, as amended under Chapter 19 of
				this Part. In accordance with the NPDWRs, public water systems shall provide a
				Tier 1 PN for an
E. coli
MCL violation, a Tier 2 PN for a
				treatment technique requirement violation for failure to conduct assessments or
				corrective actions, and a Tier 3 PN for a monitoring violation or a reporting
				violation.
1. If a replacement sample cannot
				be analyzed and give a readable result, the public water supply will be
				assessed a monitoring violation and must give appropriate public
				notification.