Cortez (SB 425) Act No. 861
New law provides relative to privately owned public water supply or sewer system providers.
Provides that it shall 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.
Provides that a privately owned public water supply or sewer system provider serving the
residents of a political subdivision as set forth in the new law shall comply with all
applicable standards set forth in law and regulation, including standards relative to
chlorination and iron and manganese control of drinking water 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.
Further provides that in addition to any other penalty or liability authorized by law that may
be imposed upon a privately owned public water supply or sewer system provider that fails
to meet applicable standards, a political subdivision may by ordinance adopt a remediation
charge to be imposed upon such a system operating therein in accordance with such
conditions and in such an amount as the political subdivision determines in order to
implement new law.
Provides that a privately owned public water supply or sewer system provider that is
penalized by the state or political subdivision within which it operates at least two separate
times within a consecutive twelve-month period due to failure to comply with applicable
laws and regulations relative to water supply or wastewater treatment and discharge shall,
upon the request of the governing authority of the political subdivision, transfer such system
to the political subdivision for just compensation or be subject to receivership pursuant to
R.S. 30:2075.3 or R.S. 40:5.9. Such a transfer shall be subject to applicable rules,
regulations, and laws governing the transfer of a permit, license, or certificate for a privately
owned public water supply or sewer system provider and shall be subject to approval by the
Public Service Commission.
Provides that the Department of Health and Hospitals (DHH) shall provide technical
assistance concerning iron and manganese issues to privately owned public water supply
providers to pursue possible solutions such as installing new wells with greater depths and
to assist impacted populations to resolve their drinking water issues.
Further provides that privately owned public water supply providers that have on-site water
filtration systems shall be required to maintain and utilize such systems. Any privately owned
public water supply provider that fails to maintain and utilize any such system shall be
subject to a fine by DHH of $1,000 per day until the system is maintained and utilized.
Provides that it shall not apply to any privately owned public water supplier or sewer system
provider who, on January 1, 2014, conducted operations in three or fewer parishes. However,
it shall apply to any privately owned public water supplier or sewer system provider who, on
January 1, 2014, conducted operations in more than three parishes.
Requires that the office of public health of DHH promulgate and adopt rules in accordance
with the APA to implement iron and manganese control requirements for water systems.
Effective August 1, 2014.
(Adds R.S. 33:42 and R.S. 40:4.15)