SLS 20RS-528 ORIGINAL
2020 Regular Session
SENATE BILL NO. 228
BY SENATOR HENSGENS
WATER/SEWER OPERATORS. Provides relative to sewerage systems and districts.
(8/1/20)
1 AN ACT
2 To amend and reenact R.S. 33:3887.7 and R.S. 40:1281.26, relative to sewerage systems and
3 districts; to provide for individual sewerage district consolidation and merger; to
4 provide for individual sewerage systems; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 33:3887.7 is hereby amended and reenacted to read as follows:
7 §3887.7. Individual sewerage districts; consolidation and merger
8 A sewerage district located wholly entirely within the boundaries of a parish
9 with a population between one hundred twenty thousand and one hundred sixty
10 thousand according to the latest federal decennial census shall be able have the
11 ability to merge or consolidate itself into another sewerage district wholly entirely
12 located within the same parish according to the procedure provided for in Article VI,
13 Section 16 of the Constitution of Louisiana.
14 Section 2. R.S. 40:1281.26 is hereby amended and reenacted to read as follows:
15 §1281.26. Individual sewerage systems; temporary waiver; enforcement
16 A. The Louisiana Department of Health, office of public health, shall
17 temporarily waive applicable requirements of LAC 51:XIII.101 et seq. regarding
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 228
SLS 20RS-528 ORIGINAL
1 individual sewerage systems during the construction of a community sewerage
2 system for properties located within the boundaries of any parish with a population
3 between six thousand eight hundred and six thousand nine hundred according to the
4 latest federal decennial census.
5 B. The temporary waiver of individual sewerage system regulations for
6 properties within a qualifying jurisdiction pursuant to Subsection A of this Section
7 shall only be granted only under the following conditions:
8 (1) All permits and authorizations issued by the Louisiana Department of
9 Health, office of public health, for new or existing onsite sewerage treatment shall
10 become invalid upon at completion of a community sewerage treatment system.
11 (2) The property owner or designated agent shall sign an agreement
12 acknowledging that the waiver is temporary and that the owner shall be required to
13 connect to the community sewerage system upon its availability.
14 (3) Each waiver shall require five thousand feet of contiguous property, with
15 a current property survey by a Louisiana registered land surveyor, and a minimum
16 of four property corners that are visibly staked.
17 (4) Only one habitable structure shall be authorized for parcels of property
18 meeting the requirements set forth in Paragraph (3) of this Subsection.
19 (5) Permits for new individual sewerage treatment systems shall be
20 contingent upon adherence to Paragraphs (3) and (4) of this Subsection, and shall
21 require the installation of an aerobic treatment unit that includes the appropriate
22 required effluent reduction field.
23 (6) Authorization or approvals to use permitted existing individual sewerage
24 treatment systems shall be contingent upon the owner's providing the Louisiana
25 Department of Health, office of public health, with written and signed documentation
26 from a Louisiana licensed sewerage installer or maintenance provider which declares
27 the system is operable and will function as designed.
28 (7) Individual sewerage systems that produce a discharge shall be required
29 to provide appropriate effluent disinfection prior to effluent reduction field.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 228
SLS 20RS-528 ORIGINAL
1 C. The parish or any municipality within the parish may provide appropriate
2 enforcement mechanisms to discourage citizens owning property within the
3 boundaries of the parish from doing any of the following:
4 (1) Connecting multiple more than one habitable structures to an individual
5 sewerage system.
6 (2) Allowing an individual sewerage system to cause or create a public
7 nuisance or public hazard.
8 (3) Refusing to connect to the a community sewerage system after its
9 availability.
10 (4) Refusing to properly abandon an individual sewerage system upon
11 connection to the new completed community sewer system.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christine Arbo Peck.
DIGEST
SB 228 Original 2020 Regular Session Hensgens
Present law provides for the consolidation and merger of certain individual sewerage
districts. Proposed law retains present law and makes technical changes.
Present law provides for individual sewerage systems to be exempt from certain regulations
on a temporary basis and provides that a parish or municipality may provide appropriate
enforcement mechanisms to prohibit individual behaviors regarding connection to a
community water system. Proposed law retains present law and makes technical changes.
Effective August 1, 2020.
(Amends R.S. 33:3887.7 and R.S. 40:1281.26)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.