Louisiana Administrative Code
Title 51 - PUBLIC HEALTH-SANITARY CODE
Part XII - Water Supplies
Chapter 7 - Accompanying Guidelines to the Civil Penalty Assessment Rule [formerly Appendix B]
Section XII-707 - Classification of Violations [formerly section 4.1 of paragraph IV of appendix B]
Universal Citation: LA Admin Code XII-707
Current through Register Vol. 50, No. 9, September 20, 2024
A. The various types of violations which can occur are classified into three levels of seriousness based upon their public health risk. The three levels of seriousness are defined as follows.
1.
Imminent threat type violations are defined as those
violations considered to be of an acute risk to public health requiring an
immediate action or response by the owner and/or operator of a public water
system. Imminent threat type violations include, but are not limited to, the
following:
a. exceeding maximum contaminant
levels for nitrate;
b. exceeding
the maximum contaminant level for total coliform when fecal coliform or
E. coli is present in the water distribution system;
c. occurrence of a water-borne disease
outbreak in an unfiltered surface water system or an unfiltered ground water
system which is under the direct influence of surface water;
d. any violation specified by the state
health officer as posing an acute risk to human health;
e. failure to comply with any remedial
action(s) ordered in the context of an emergency order issued by the state
health officer, such as but not limited to boil notices;
f. failure to give public notification of an
acute violation (Tier 1-Acute) within the time frames allowed by law or duly
adopted rule.
2.
Priority threat
type violations are defined
as those violations considered to be of a moderate risk to public health but
which could result in an acute risk and therefore require an immediate action
or response by the owner and/or operator. Priority threat violations include,
but are not limited to, the following:
a.
exceeding the maximum contaminant level for total coliform;
b. failure to comply with a treatment
technique requirement;
c. failure
to comply with a variance or exemption schedule;
d. exceeding the maximum contaminant level
for a physical, radiological, or chemical (other than nitrate) contaminant. For
the purpose of clarification, a physical contaminant is defined as turbidity,
temperature, conductivity, color, taste, or odor;
e. failure to perform compliance monitoring
as required for any bacteriological, physical, radiological, or chemical
contaminant;
f. failure to utilize
either a laboratory certified by the Office of Public Health or an Office of
Public Health laboratory which has been certified by EPA for compliance
monitoring determination of any bacteriological, physical, radiological, or
chemical contaminant in drinking water when such contaminant determination is
required by law or duly adopted rule to be analyzed by an EPA or
state-certified laboratory;
g.
failure to perform proper testing procedures for turbidity, disinfectant
residual, temperature, pH, conductivity, alkalinity, calcium, silica,
orthophosphate, or any other parameter which is not required to be analyzed in
an EPA or state-certified laboratory but the results of which are required to
be reported to the state for compliance monitoring determinations;
h. failure to report the results of any test
measurement or analysis to the state within the time frame allowed by law or
duly adopted rule;
i. failure to
comply with any remedial action(s) ordered in the context of a non-emergency
order issued by the state health officer;
j. failure to give public notification of a
non-acute (Tier 1-Non-Acute) violation within the time frames allowed by law or
duly adopted rule.
3.
Non-imminent threat violations are defined as those violations
considered to be of a low risk to public health which do not require an
immediate response by the owner and/or operator. These include operational
deficiencies, facility deficiencies, and administrative deficiencies.
Non-imminent threat type violations include, but are not limited to, the
following:
a. failure to give public
notification of a monitoring violation, testing procedure violation, variance
grant or existence, or exemption grant or existence (Tier 2) within the time
frames allowed by law or duly adopted rule;
b. failure to comply with an operational or
maintenance requirement;
c. failure
to comply with design and construction standards as required by law or duly
adopted rule;
d. failure to submit
plans and specifications as required by law or duly adopted rule;
e. failure to comply with an operator
certification requirement;
f.
failure to submit to the state, within the time frames allowed by law or duly
adopted rule, a representative copy of each type of public notice distributed,
published, posted, and/or made available to the persons served by the system
and/or to the news media;
g.
failure to maintain records as prescribed by law or duly adopted rule, such as
but not limited to, bacteriological and chemical analyses.
AUTHORITY NOTE: Promulgated in accordance with R.S. 40:5.9 (A)(4).
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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