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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 ENROLLED
SENATE BILL NO. 425
BY SENATORS CORTEZ, BROOME, DORSEY-COLOMB, JOHNS, MILLS AND
THOMPSON AND REPRESENTATI VE ORTEGO
AN ACT1
To enact R.S. 33:42 and R.S. 40:4.15, relative to water and sewer systems; to provide2
relative to the operation and maintenance of certain water and sewer systems; to3
provide relative to required standards, including but not limited to chlorination and4
other standards; to provide for the failure to satisfy such standards and the effects of5
such failure; to authorize certain actions by a political subdivision; to provide certain6
definitions, terms, conditions, and procedures; to provide for certain rulemaking; and7
to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 33:42 is hereby enacted to read as follows: 10
§42. Privately owned public water supply and sewer systems; failure to meet11
certain standards; effects12
A. The provisions of this Section shall apply to any political subdivision13
within a parish having a population greater than two hundred thousand but less14
than two hundred and thirty thousand according to the latest federal census.15
B. A privately owned public water supply or sewer system provider16
serving the residents of a political subdivision as set forth in this Section shall17
comply with all applicable standards set forth in law and regulation, including18
standards relative to chlorination and iron and manganese control of drinking19
water and disinfection of waste water discharged in compliance with such sewer20
system provider's permit, rules, regulations, and laws governing the operation21
of such sewer system provider.22
C.(1) In addition to any other penalty or liability authorized by law that23
may be imposed upon a privately owned public water supply or sewer system24
provider that fails to meet applicable standards, a political subdivision may by25 SB NO. 425 ENROLLED
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words in boldface type and underscored are additions.
ordinance adopt a remediation charge to be imposed upon such a system1
operating therein in accordance with such conditions and in such an amount as2
the political subdivision determines in order to implement the provisions of this3
Section.4
(2) A privately owned public water supply or sewer system provider that5
is penalized by the state or political subdivision within which it operates at least6
two separate times within a consecutive twelve-month period due to failure to7
comply with applicable laws and regulations relative to water supply or8
wastewater treatment and discharge shall, upon the request of the governing9
authority of the political subdivision, transfer such system to the political10
subdivision for just compensation or be subject to receivership pursuant to R.S.11
30:2075.3 or R.S. 40:5.9. Such a transfer shall be subject to applicable rules,12
regulations, and laws governing the transfer of a permit, license, or certificate13
for a privately owned public water supply or sewer system provider and shall14
be subject to approval by the Public Service Commission.15
D. The Department of Health and Hospitals shall provide technical16
assistance concerning iron and manganese issues to privately owned public17
water supply providers to pursue possible solutions such as installing new wells18
with greater depths and to assist impacted populations to resolve their drinking19
water issues.20
E. Privately owned public water supply providers that have on-site21
water filtration systems shall be required to maintain and utilize such systems.22
Any privately owned public water supply provider that fails to maintain and23
utilize any such system shall be subject to a fine by the Department of Health24
and Hospitals of one thousand dollars per day until the system is maintained25
and utilized.26
F. The provisions of this Section shall not apply to any privately owned27
public water supplier or sewer system provider who, on January 1, 2014,28
conducted operations in three or fewer parishes. This Section shall apply to any29
privately owned public water supplier or sewer system provider who, on30 SB NO. 425 ENROLLED
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January 1, 2014, conducted operations in more than three parishes.1
Section 2. R.S. 40:4.15 is hereby enacted to read as follows:2
§4.15. Water systems; iron and manganese control3
The office of public health of the Department of Health and Hospitals4
shall promulgate and adopt rules in accordance with the Administrative5
Procedure Act to implement iron and manganese control requirements for6
water systems.7
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: