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Regular Session, 2013
SENATE CONCURRENT RESOLUTI ON NO. 59
BY SENATOR DONAHUE
SANITARY CODE. Directs the state health officer and the Department of Health and
Hospitals, office of public health, to provide for certain limitations relative to actions or rules
requiring modification of certain existing community water systems.
A CONCURRENT RESOLUTI ON1
To direct the state health officer and the Department of Health and Hospitals, office of2
public health, to provide for certain limitations relative to actions or rules requiring3
modification of certain existing community water systems.4
WHEREAS, it is imperative that the state health officer and the office of public5
health of the Department of Health and Hospitals work with water systems across this state6
to ensure the water systems are safe for public use and consumption; and7
WHEREAS, it is possible for the state health officer and the office of public health8
of the Department of Health and Hospitals to develop rules and regulations for water systems9
that provide for public safety in a cost-effective manner; and10
WHEREAS, the best way to provide for safe water systems is to develop rules and11
regulations for Louisiana that utilize and consider policies, rules, and regulations throughout12
the water system profession but are crafted in a manner that addresses the water systems13
within our state; and14
WHEREAS, such policies should not cause financial harm to parishes and operators15
of water systems, and eventually our residents, who will pay more than necessary for using16
the water systems; and17
WHEREAS, "National Primary Drinking Water Standards" are the maximum18 SCR NO. 59
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contaminant levels and the maximum residual disinfectant levels as defined in 40 CFR Part1
141 et seq.; and2
WHEREAS, "Ten State Standards" are the Recommended Standards for Water3
Works (2003 Edition) or any other edition promulgated by the Great Lakes-Upper4
Mississippi River Board of State and Provincial Public Health and Environmental Managers.5
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby6
direct the state health officer and the Department of Health and Hospitals, office of public7
health, to provide for certain limitations relative to actions or rules requiring modification8
of certain existing community water systems.9
BE IT FURTHER RESOLVED that neither the state health officer nor the office of10
public health of the Department of Health and Hospitals shall promulgate a rule or take11
action requiring the modification of an existing community water system in operation before12
August 1, 2013, unless the state health officer or the office of public health of the13
Department of Health and Hospitals demonstrates that such public water system is incapable,14
with proper operation and maintenance, of attaining compliance with the National Primary15
Drinking Water Standards without the modification.16
BE IT FURTHER RESOLVED that a sanitary survey of a public water system shall17
be conducted only to ensure compliance with the National Primary Drinking Water18
Standards and the state Sanitary Code requirements.19
BE IT FURTHER RESOLVED that the state health officer or the office of public20
health of the Department of Health and Hospitals shall classify as a significant deficiency21
only defects in design, operation, or maintenance, or a failure or malfunction of the sources,22
treatment, storage, or distribution systems that are causing the introduction of contamination23
into the water delivered to consumers.24
BE IT FURTHER RESOLVED that the state health officer and the office of public25
health of the Department of Health and Hospitals shall use the Ten State Standards only as26
a guide in the review of plans and specifications submitted in connection with an application27
for a permit for a new public water supply system or in connection with the modification of28
an existing public water system.29
BE IT FURTHER RESOLVED that a public water supply system permit shall be30 SCR NO. 59
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issued for a design that complies with the National Primary Drinking Water Standards,1
whether or not such design comports to the Ten State Standards.2
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the3
state health officer and the assistant secretary of the Department of Health and Hospitals,4
office of public health.5
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Donahue SCR No. 59
Directs the state health officer and the Department of Health and Hospitals, office of public
health, to provide for certain limitations relative to actions or rules requiring modification
of certain existing community water systems.