SLS 14RS-361 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 425
BY SENATORS CORTEZ, BROOME, DORSEY-COLOMB, JOHNS, MILLS AND
THOMPSON
WATER/SEWER OPERATORS. Provides relative to private water supply or sewer system
providers. (8/1/14)
AN ACT1
To enact R.S. 33:42, relative to water and sewer systems; to provide relative to the operation2
and maintenance of certain water and sewer systems; to provide relative to required3
standards, including but not limited to chlorination and other standards; to provide4
for the failure to satisfy such standards and the effects of such failure; to authorize5
certain actions by a political subdivision; to provide certain definitions, terms,6
conditions, and procedures; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 33:42 is hereby enacted to read as follows: 9
ยง42. Private water supply and sewer systems; failure to meet certain10
standards; effects11
A. The provisions of this Section shall apply to any political subdivision12
within a parish having a population greater than two hundred thousand but less13
than two hundred and thirty thousand according to the latest federal census.14
B. A private water supply or sewer system provider serving the residents15
of a political subdivision as defined in this Section shall comply with all16
applicable health standards set forth in law and regulation, including standards17 SB NO. 425
SLS 14RS-361 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
relative to chlorination of such private water supply or sewer system provider1
and disinfection of waste water discharged in compliance with such sewer2
system provider's permit, rules, regulations, and laws governing the operation3
of such sewer system provider, and shall require iron and manganese control4
for such water systems.5
(1) In addition to any other penalty or liability authorized by law that6
may be imposed upon a private water supply or sewer system provider who fails7
to meet applicable health standards, a political subdivision may by ordinance8
adopt a remediation charge to be imposed in accordance with such conditions9
and in such an amount as the political subdivision may determine.10
(2) The remediation charge shall be utilized by the political subdivision11
solely to ensure that the services provided by the private water supply or sewer12
system provider are in compliance with law and regulation, and that the health13
and safety of residents of the political subdivision are protected against harm.14
(3) In order to protect public health and safety, a private water supply15
or sewer system provider who within a consecutive twelve-month period is16
penalized by the state or political subdivision at least three separate times due17
to failure to comply with applicable laws and regulations concerning health18
standards shall forfeit such system to the political subdivision in addition to any19
other penalty. Such a forfeiture shall be subject to current rules, regulations,20
and laws governing the transfer of a permit, license, and certificate for a private21
water supply or sewer system provider.22
The original instrument was prepared by Jerry G. Jones. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Cathy R. Wells.
DIGEST
Cortez (SB 425)
Proposed law provides relative to private water or sewer system providers.
Proposed law provides that the provisions of proposed law will apply to any political
subdivision within a parish having a population greater than 200,000 but less than 230,000
according to the latest federal census. SB NO. 425
SLS 14RS-361 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law requires that a private water supply or sewer system provider serving the
residents of a political subdivision as defined in the proposed law to comply with all
applicable health standards set forth in law and regulation, including standards relative to
chlorination of such private water supply or sewer system provider and disinfection of waste
water discharged in compliance with such sewer system provider's permit, rules, regulations,
and laws governing the operation of such sewer system provider. Also requires the private
water supply system provider to have iron and manganese controls for such water systems.
Proposed law provides that in addition to any other penalty or liability authorized by law that
may be imposed upon a private water supply or sewer system provider who fails to meet
applicable health standards, a political subdivision may by ordinance adopt a remediation
charge to be imposed in accordance with such conditions and in such an amount as the
political subdivision may determine.
Proposed law provides that the remediation charge shall be utilized by the political
subdivision solely to ensure that the services provided by the private water supply or sewer
system provider are in compliance with law and regulation, and that the health and safety
of residents of the political subdivision are protected against harm.
Proposed law provides that in order to protect public health and safety, a private water or
sewer system provider who within a consecutive 12-month period is penalized by the state
or political subdivision at least three separate times due to failure to comply with applicable
laws and regulations concerning health standards shall forfeit such system to the political
subdivision in addition to any other penalty. Proposed law further provides that any
forfeiture is subject to current rules, regulations, and laws governing the transfer of a permit,
license, and certificate for a private water supply or sewer system provider.
Effective August 1, 2014.
(Adds R.S. 33:42)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Local and Municipal
Affairs to the original bill
1. Adds requirement of iron and manganese controls.
Senate Floor Amendments to engrossed bill
1. Adds requirement for disinfection of discharged waste water.
2. Provides for transfer of a permit, license, and certificate for a private water
supply or sewer system provider if such system is forfeited.
3. Makes technical changes.