ENROLLED
ACT No. 439
2016 Regular Session
HOUSE BILL NO. 670
BY REPRESENTATIVE HENSGENS
1 AN ACT
2 To enact R.S. 33:3887.7 and R.S. 40:1281.26, relative to sewerage systems and districts; to
3 provide for consolidation and mergers; to provide for a temporary waiver of sanitary
4 code requirements for individual sewerage systems in certain jurisdictions; to
5 authorize enforcement by the jurisdiction; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 33:3887.7 is hereby enacted to read as follows:
8 §3887.7. Individual sewerage districts; consolidation and merger.
9 A sewerage district located wholly within the boundaries of a parish with a
10 population between one hundred twenty thousand and one hundred sixty thousand
11 according to the latest federal decennial census shall be able to merge or consolidate
12 itself into another sewerage district wholly located within the same parish according
13 to the procedure provided for in Article VI, Section 16 of the Constitution of
14 Louisiana.
15 Section 2. R.S. 40:1281.26 is hereby enacted to read as follows:
16 §1281.26. Individual sewerage systems; temporary waiver; enforcement
17 A. The Department of Health and Hospitals, office of public health, shall
18 temporarily waive applicable requirements of LAC 51:XIII.101 et seq. regarding
19 individual sewerage systems during the construction of a community sewerage
20 system for properties located within the boundaries of any parish with a population
21 between six thousand eight hundred and six thousand nine hundred according to the
22 latest federal decennial census.
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1 B. The temporary waiver of individual sewerage system regulations for
2 properties within a qualifying jurisdiction pursuant to Subsection A of this Section
3 shall be granted only under the following conditions:
4 (1) All permits and authorizations issued by the Department of Health and
5 Hospitals, office of public health, for new or existing onsite sewerage treatment shall
6 become invalid upon completion of a community sewerage treatment system.
7 (2) The property owner or designated agent shall sign an agreement
8 acknowledging that the waiver is temporary and that the owner shall be required to
9 connect to the community sewerage system upon its availability.
10 (3) Each waiver shall require five thousand feet of contiguous property, with
11 a current property survey by a Louisiana registered land surveyor, and a minimum
12 of four property corners that are visibly staked.
13 (4) Only one habitable structure shall be authorized for parcels of property
14 meeting the requirements set forth in Paragraph (3) of this Subsection.
15 (5) Permits for new individual sewerage treatment systems shall be
16 contingent upon adherence to Paragraphs (3) and (4) of this Subsection, and shall
17 require the installation of an aerobic treatment unit that includes the appropriate
18 required effluent reduction field.
19 (6) Authorization or approvals to use permitted existing individual sewerage
20 treatment systems shall be contingent upon the owner's providing the Department of
21 Health and Hospitals, office of public health, with written and signed documentation
22 from a Louisiana licensed sewerage installer or maintenance provider which declares
23 the system is operable and will function as designed.
24 (7) Individual sewerage systems that produce a discharge shall be required
25 to provide appropriate effluent disinfection prior to effluent reduction field.
26 C. The parish or any municipality within the parish may provide appropriate
27 enforcement mechanisms to discourage citizens owning property within the
28 boundaries of the parish from doing any of the following:
29 (1) Connecting multiple habitable structures to an individual sewerage
30 system.
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1 (2) Allowing an individual sewerage system to cause or create a nuisance or
2 public hazard.
3 (3) Refusing to connect to the community sewerage system after its
4 availability.
5 (4) Refusing to properly abandon an individual sewerage system upon
6 connection to the new completed community sewer system.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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