Current through Register Vol. 50, No. 9, September 20, 2024
A. [Formerly
paragraph A:6.1 of Appendix A] Mechanical wastewater treatment plants are small
plants capable of providing primary and secondary treatment of sanitary sewage.
All are considered to be aerobic treatment units.
B. [Formerly paragraph A:6.2 of Appendix A]
An individual mechanical plant will be permitted where individual sewerage
systems would currently be permitted under prevailing rules as set forth in
this Part of the state sanitary code. Sewage loading criteria for determining
the average daily design flow and organic loading are contained in Chapter 15
of this Part.
C. [Formerly
paragraph A:6.3 of Appendix A] An individual mechanical plant will be permitted
in lieu of a conventional septic tank system (septic tank/absorption field)
only in accordance with the provisions of §511. B of this Code, and where a
conventional septic tank system could not be permitted.
D. [Formerly paragraph A:6.4 of Appendix A]
Permitted individual mechanical plants shall strictly comply with National
Sanitation Foundation International Standard, NSF 40-1996 for Residential
Wastewater Treatment Systems (Class I Systems) as revised May 1996 and
published by NSF International, P.O. Box 130140, Ann Arbor, Michigan 48113-0140
USA, and as has been approved by the American National Standards Institute, 11
West 42nd Street, New York, New York 10036 as standard ANSI/NSF 40-1996,
revised May 28, 1996.
E. [Formerly
paragraph A:6.5 of Appendix A] All individual mechanical plants currently
approved for installation in Louisiana as of the effective date of these
regulations shall not be required to meet the requirements of §725. D until
March 1, 2001. Until March 1, 2001, plants shall continue to comply with the
standards under which they were approved. Effective March 1, 2001, all plants
shall comply with the standard as stated in §725 D
F. [Formerly paragraph A:6.6 of Appendix A]
In addition to evidence of strict compliance with NSF International Standard
NSF 40-1996 (Class I Systems), and ANSI/NSF 40-1996 (Class I Systems), as are
specified in §725. D of this Code, the following Department of Health and
Hospitals/Office of Public Health (DHH/OPH) requirements shall also apply.
1. Testing/Evaluation (General)
a. All certifications of individual
mechanical plants shall be conducted by an American National Standards
Institute (ANSI) accredited certification program testing/evaluation facility
authorized for such purpose(s). Verification of such certification shall be
provided to DHH/OPH, subject to acceptance by DHH/OPH of such verification, as
prerequisite to consideration of any individual mechanical (residential) plant
for permitting in Louisiana.
b.
Evidence of acceptance by DHH/OPH of an ANSI accredited testing/evaluation
facility, for purpose of testing/evaluation of individual mechanical
(residential) plant(s) for permitting in Louisiana shall be demonstrated upon
execution of an appropriate Memorandum of Understanding (MOU), or other,
similar contractual instrument, subject to terms and conditions as may be
imposed by DHH/OPH-said MOU to be between DHH/OPH and the testing/evaluation
facility.
c. Successful completion
of testing/evaluation of an individual mechanical (residential) plant in
accordance with applicable provisions of this Code, having been properly
tested/evaluated and certified by an appropriate facility, shall serve to allow
the DHH/OPH authorization of an individual mechanical (residential) plant for
permitting purposes in Louisiana for a period not to exceed seven years from
the date of such DHH/OPH authorization, or until such time as an appropriate
revision to the prevailing testing/evaluation standard for such purposes may
become revised. Such authorization of an individual mechanical (residential)
plant for permitting purposes in Louisiana shall be in the form of a written
license by DHH/OPH to a manufacturer of such individual mechanical
(residential) plant(s), subject to compliance with applicable provisions of
this Code-such license to be valid for the specified period, annually
renewable, and suspendable/revocable by DHH/OPH in accordance with license
revocation procedures as specified in §735 F
2. Licensing
a. In addition to evidence of compliance of
an individual mechanical (residential) plant having been properly
tested/evaluated and certified by an appropriate facility, certain additional
requirements shall serve as a basis for licensing by DHH/OPH of such individual
mechanical (residential) plant in Louisiana. These additional requirements
shall apply, as appropriate, to the manufacturer and/or manufacturer
representative, agent, sub-manufacturer or other associated entity, as
appropriate, involved in the manufacture, marketing, sale, installation and/or
maintenance of such (any) individual mechanical (residential) plant(s) in
Louisiana. Further, with respect to the testing/evaluation facility which may
have certified the individual mechanical plants being in compliance with the
testing/evaluation standard contained herein, certain additional requirements,
for licensing purposes, shall apply.
b. These additional requirements are
specified as follows.
i. Testing/Evaluation
Facility Responsibilities
(a). In addition to
providing testing/evaluation services with respect to individual mechanical
(residential) plants scheduled for manufacture, marketing, sale, installation
and maintenance in Louisiana, the testing/evaluation facility shall also serve
to provide oversight liaison services both to the manufacturer of the
individual mechanical (residential) plant, as well as to DHH/OPH. However,
DHH/OPH communication with the testing facility will be at the OPH Program
Manager level, or higher. While it is recognized that the testing/evaluation
facility may exercise its fiduciary right to exact such fees or other
reimbursement costs as appropriate from a manufacturer (client), under no
circumstances may the testing/evaluation facility exact such fees or other
reimbursement costs from DHH/OPH in order to compensate for any of these
regulatory requirements. Accordingly, the following requirements shall be
included in the MOU.
(b). It shall
be required that all individual mechanical (residential) plant manufacturers
will be inspected annually by the testing/evaluation facility having certified
the related individual mechanical (residential) plant and that DHH/OPH shall
be, upon request, furnished with copies of all reports of such inspections,
which shall include at a minimum the verification (or reverification) of all
"forms" used in the manufacture (or sub-manufacture) of individual mechanical
(residential) plants.
(c). It shall
be required that a representative number, up to 4 but in, no case more than 10
percent, of all manufacturers authorized sub-manufacturers of individual
mechanical (residential) plants will be inspected annually by the
testing/evaluation facility having certified the related individual mechanical
(residential) plant and that a report shall be retained by the
testing/evaluation facility and shall, upon request by DHH/OPH, make such
information available to DHH/OPH, which shall include at a minimum the
verification of service records for all related individual mechanical
(residential) plant installations and availability of stand-by parts.
(d). It shall be required that a
representative number of installations in Louisiana, but in no case less than
10, of all individual mechanical (residential) plants manufactured by
manufacturers and their respective sub-manufacturers will be inspected annually
by the testing/evaluation facility having certified the related individual
mechanical (residential) plant and that a report shall be retained by the
testing/evaluation facility and shall, upon request by DHH/OPH, make such
information available to DHH/OPH, which shall include at a minimum the
verification (or re-verification) that individual mechanical (residential)
plants and their respective installation(s) are in conformity with the plans
and specifications as are reflected in the testing/evaluation report which was
approved for the related individual mechanical (residential) plant.
(e). It shall be required that copies of all
inspection/audit reports conducted by a testing/evaluation facility with regard
to a client-related manufacturer (or sub-manufacturer) of individual mechanical
(residential) plants will be retained by the testing/evaluation facility and
shall, upon request by DHH/OPH, make such information available to DHH/OPH upon
completion of said report(s).
(f).
It shall be required that copies of all reports of non-compliance and/or
reports of complaint(s) investigations by a testing/ evaluation facility with
respect to a client-related manufacturer (or sub-manufacturer) of individual
mechanical (residential) plant(s) will be retained by the testing/evaluation
facility and shall, upon request by DHH/OPH, make such information available to
DHH/OPH upon completion of said report(s).
(g). It shall be required that any
modification(s) to an individual mechanical (residential) plant, once certified
by an ANSI accredited testing/evaluation facility, shall be subject to
re-evaluation by the testing/evaluation facility and that written acceptance of
the change by the ANSI accredited testing/evaluation facility shall be received
by the manufacturer prior to incorporating the change; this information also to
be transmitted to DHH/OPH.
(h). In
the event that the original testing/evaluation facility no longer conducts
testings/evaluations and certifications of individual mechanical (residential)
plants for a specific manufacturer, it will be the responsibility of the
testing/evaluation facility to insure an orderly transfer of the documentation
supporting certification to the manufacturer for transmittal to another ANSI
accredited testing/evaluation facility at the manufacturers choice.
ii. Manufacturer/Sub-Manufacturer
Responsibilities
(a). In addition to other,
related requirements of this code as pertain to the manufacture, marketing,
sale, installation and maintenance of individual mechanical (residential)
plant(s) in Louisiana, the manufacturer (or sub-manufacturer, or installer, as
appropriate) of an individual mechanical plant shall also be responsible for
insuring compliance with the following.
(b). It shall be required that the
manufacturer/sub-manufacturer shall annually inspect at least 10 percent of its
authorized installers in Louisiana of certified individual mechanical
(residential) plants (products) and shall provide written reports of such
inspections, which shall minimally address certain matters specified by
DHH/OPH, both to the testing/evaluation facility of record as well as to
DHH/OPH.
(c). It shall be required
that the manufacturer/sub-manufacturer(s) installers of individual mechanical
(residential) plant(s) must maintain a current list of all sales/installations
of individual mechanical (residential) plants and shall, upon request by
DHH/OPH, make such information (i.e., name, address of purchaser, date of sale,
etc.) available to DHH/OPH.
(d). It
shall be required that manufacturers/sub-manufacturers/installers, as
appropriate must provide a minimum two-year service policy to the purchaser of
each individual mechanical (residential) plant purchased/ installed at no
additional cost, with verification provided to DHH/OPH and the purchaser, of
such service policy provision. The initial policy shall contain provisions for
four inspection/service visits (scheduled once every six months over the
two-year period) during which electrical, mechanical, and other applicable
components are inspected, adjusted, and serviced. The initial service policy
shall also contain provisions for an effluent quality inspection consisting of
a visual assessment of color, turbidity, and scum overflow, and an olfactory
assessment for odor.
(e). It shall
be required that the manufacturers/sub-manufacturers/installers, as appropriate
must make available (subject to the purchaser's right of refusal) an extended
service/maintenance agreement with terms comparable to those in the initial
service policy, in writing.
(f).
The manufacturer/sub-manufacturer shall insure that the individual mechanical
(residential) plant and its component parts are properly and easily
identified.
(g). The
manufacturer/sub-manufacturer shall secure such license(s) as may be required
by other, applicable provisions of this code for purpose(s) of manufacture,
marketing, sale, installation and/or maintenance of individual mechanical
(residential) plant(s) in Louisiana-such license(s) requirement(s) to include,
at a minimum as condition of licensure, the verifiable imposition of such
insurance, bonding and related requirements as may become stipulated by DHH/OPH
for purpose(s) of such related business activities conducted in
Louisiana.
(h). Manufacturers shall
specifically authorize the ANSI accredited testing/evaluation facility to
release to DHH/OPH all of the documentation outlined in terms Subclauses
i.(a)-(h) above.
3. Certification
a. Licensing will be based on a two phase
certification process, as follows.
i. Initial
Certification. Consisting of evidence of successful completion of the herein
prescribed testing of an individual mechanical (residential) plant, by the
appropriate ANSI accredited testing/evaluation facility conjunctive with an
actual onsite physical inspection and audit of all plant manufacturer (company)
and sub-manufacturer facilities and production locations by the appropriate
ANSI accredited testing facility.
ii. Continuing Certification. Consisting of
evidence of an annual re-certification, re-inspection and re-audit by the ANSI
accredited testing/evaluation facility of all plant manufacturers (company) and
sub-manufacturer facilities and production locations, as well as an evaluation
of a representative number (no less than four) of all manufacturers authorized
distributors and plants (units/models) sold and installed, with report(s) of
such evidence available to DHH/OPH upon request.
G. [Formerly paragraph
A:6.7 of Appendix A] Persons proposing to sell individual mechanical plants for
installation in Louisiana shall submit an evaluation report indicating
compliance with ANSI/NSF Standard Number 40 and obtain approval from the
*Department of Health and Hospitals, Office of Public Health, P.O. Box 60630,
New Orleans, LA 70160, prior to selling/installing plants in the state. The
compliance evaluation report shall be prepared by an ANSI certified testing
laboratory as required in §725 F, and shall include positive identification of
all owners, officers, agents, stockholders, contractors, sub-contractors, as
may be in any manner or by any means associated with the entity seeking a
permit.
1. [Formerly paragraph A.6.7-1 of
Appendix A] Upon approval of an evaluation report by the Department of Health
and Hospitals, Office of Public Health, the subject individual mechanical plant
may be permitted for use in Louisiana. The Office of Public Health will
maintain a list of licensed Manufacturers and respective individual mechanical
plants permitted for sale/installation in the state.
2. [Formerly paragraph A:6.7-2 of Appendix A]
Any alteration or modification of an individual mechanical plant without the
certification of the ANSI certified testing laboratory and subsequent approval
of DHH-OPH shall constitute a violation of this Section and shall be grounds
for suspension/revocation of any permit or license held by each person
responsible for such changes, alterations or modifications.
H. [Formerly paragraph A:6.8 of
Appendix A] Licenses shall remain valid subject to the following.
1. No person involved with the testing
facility either directly or indirectly, may become an owner, partner, or
stockholder of any company holding any license to manufacture, submanufacture,
install or maintain individual mechanical treatment plants in Louisiana within
two years of the approval date of said plant by the Office of Public
Health.
2. Should a change of
ownership occur, the manufacturer license for such plant shall be
rescinded.
3. The licensed
Manufacturer shall submit to the Office of Public Health, not later than
January 31 of each year, proof that they have secured general liability
insurance in an amount of not less than $1,000,000.
4. The licensed Manufacturer shall be
responsible for assuring that their mechanical plants are sold only to licensed
submanufacturers and installers in order to prevent the installation of their
plants by unauthorized persons.
I. [Formerly paragraph A:6.8-1 of Appendix A]
Persons appealing the denial of their application under the Administrative
Procedure Act shall post a cost bond prior to the scheduling of such hearing.
The plaintiff shall forfeit the cost bond to the state when said appeal is
denied by the hearing officer. The hearing officer is to determine the amount
of the cost bond, on a per diem basis. The costs shall include room rental,
hearing officer fees, court reporter fees, and transcript costs.
J. [Formerly paragraph A:6.9 of Appendix A]
Individual mechanical plants and all components must be installed in compliance
with the minimum separation requirements for water wells and appurtenances as
required in Part XII of this Code.
K. [Formerly paragraph A:6.9-1 of Appendix A]
Individual mechanical plants should be installed at least 10 feet from the
property line.
L. [Formerly
paragraph A:6.10 of Appendix A] Determination of compliance with NSF Standard
Number 40 requirements and/or additional related requirements provided for in
this Subchapter shall be the responsibility and sole authority of the state
health officer acting through the Office of Public Health.
M. [Formerly Part B paragraph A:6.11 of
Appendix A] Warranty/Maintenance/Service Provisions
1. The "Individual Mechanical Plant Initial
Warranty Inspection/Service Report" must be submitted to the state health
officer after each warranty/maintenance inspection is completed by the
maintenance provider, and will become part of the permanent record for each
system. A maintenance contract shall be offered to the owner after the initial
two-year service contract expires in accordance with National Sanitation
Foundation Standard Number 40 relating to Residential Wastewater Treatment
Systems, adopted by the Board of Trustees of the National Sanitation Foundation
(NSF), Ann Arbor, Michigan, as revised May 1996. The maintenance provider shall
notify the state health officer whenever an extended service contract has been
negotiated.
2. [Formerly paragraph
A:6.12 of Appendix A] The owner is responsible for perpetual maintenance of the
sewerage system and components thereof. Proof of perpetual maintenance of the
system shall be provided in the form of an extended service contract.
The address cited in §727. C has changed to:
Department of Health and Hospitals
Office of Public Health
Engineering Services Section
P.O. Box 4489
Baton Rouge, LA
70821-4489
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
40:4(A)(6) and
R.S.
40:5(9)(20).
