RS 40:1281.26

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RS 40:1281.26

§1281.26. Individual sewerage systems; temporary waiver; enforcement

A. The Louisiana Department of Health, office of public health, shall temporarily waive applicable requirements of LAC 51:XIII.101 et seq. regarding individual sewerage systems pending the construction of a community sewerage system for properties located within the boundaries of any parish with a population between six thousand eight hundred and six thousand nine hundred according to the latest federal decennial census.

B. The temporary waiver of individual sewerage system regulations for properties within a qualifying jurisdiction pursuant to Subsection A of this Section shall be granted only under the following conditions:

(1)All permits and authorizations issued by the Louisiana Department of Health, office of public health, for new or existing onsite sewerage treatment shall become invalid upon completion of a community sewerage treatment system.

(2)The property owner or designated agent shall sign an agreement acknowledging that the waiver is temporary and that the owner shall be required to connect to the community sewerage system upon its availability.

(3)Each waiver shall require five thousand square feet of contiguous property, with a current property survey by a Louisiana-registered land surveyor, and a minimum of four property corners that are visibly staked.

(4)Only one habitable structure shall be authorized for parcels of property meeting the requirements set forth in Paragraph

(3)of this Subsection.

(5)Permits for new individual sewerage treatment systems shall be contingent upon adherence to Paragraphs

(3)and

(4)of this Subsection, and shall require the installation of an aerobic treatment unit that includes the appropriate required effluent reduction field.

(6)Authorization or approvals to use permitted existing individual sewerage treatment systems shall be contingent upon the owner's providing the Louisiana Department of Health, office of public health, with written and signed documentation from a Louisiana licensed sewerage installer or maintenance provider which declares the system is operable and will function as designed.

(7)Individual sewerage systems that produce a discharge shall be required to provide appropriate effluent disinfection prior to effluent reduction field.

C. The parish or any municipality within the parish may provide appropriate enforcement mechanisms to prohibit persons who own property within the boundaries of the parish from doing any of the following:

(1)Connecting multiple habitable structures to an individual sewerage system. However, two recreational vehicles, as defined in Subsection D of this Section, may connect to one individual sewerage system if the system is permitted by the Louisiana Department of Health and the rated capacity of the system is not exceeded.

(2)Allowing an individual sewerage system to cause or create a nuisance or public hazard.

(3)Refusing to connect to the community sewerage system after its availability.

(4)Refusing to properly abandon an individual sewerage system upon connection to the new completed community sewer system.

D.(1) For purposes of this Section, "recreational vehicle" means a motorized or towable vehicle that combines transportation and temporary living quarters.

(2)For purposes of this Section, the term "recreational vehicle" shall not include a mobile home, a dwelling known commonly as a "Katrina cottage", a dwelling known commonly as a "tiny house", a movable house, or any other living quarters designed or intended to have the wheels removed in connection with placement on a lot or parcel of land.

Acts 2016, No. 439, §2; Acts 2021, No. 226, §1, eff. June 14, 2021.