Terms Used In Louisiana Revised Statutes 40:1281.9

  • Certificate: means a certificate of competency issued by the state health officer stating that the operator has met the requirements for the specified operator classification as defined by the state health officer under La. See Louisiana Revised Statutes 40:1281.1
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Operator: means the individual, as determined by the committee of certification, in attendance on site of a water supply system or a sewerage system and whose performance, judgment, and direction affects either the safety, sanitary quality, or quantity of water or sewage treated or delivered. See Louisiana Revised Statutes 40:1281.1
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Sewerage system: means a system of piping and appurtenances, including sewage treatment facilities, for collecting and conveying wastewater from source to discharge. See Louisiana Revised Statutes 40:1281.1
  • State health officer: means the secretary of the Louisiana Department of Health, hereinafter referred to as the "department" or his designee as provided in La. See Louisiana Revised Statutes 40:1281.1
  • Wastewater: means the spent water or sewage of a community containing the liquid or water-carried wastes from residences, commercial buildings, and institutions along with any groundwater, surface water, or storm water that may be commingled. See Louisiana Revised Statutes 40:1281.1
  • Water distribution system: means that portion of the water supply system in which water is conveyed from the water treatment plant or other supply point to the premises of the consumer. See Louisiana Revised Statutes 40:1281.1
  • Water supply system: means the system of pipes, structures and facilities through which water is obtained, treated and sold, distributed or otherwise offered to the public for household or other uses. See Louisiana Revised Statutes 40:1281.1

            A. On or after one year following the effective date of this Subpart, it shall be unlawful for any person, firm, or corporation, both municipal and private, operating a water supply system or sewerage system to operate same unless the competency of the operator is duly certified to by the state health officer under the provisions of this Subpart. Furthermore, it shall be unlawful for any person to perform the duties of an operator, as defined herein, without being duly certified under the provisions of this Subpart.

            B. Surface water systems shall have a certified operator present at all times while the treatment facility is in operation.

            C. The requirements of Subsection B of this Section shall not apply to systems which serve less than ten thousand persons and which utilize automated operation systems which monitor system operation, record all required readings, notify the operator in the event of a system upset or failure, and allow the operator to remotely control or shut down the system.

            D. The requirements of this Section shall not apply to municipal and public works contractors and other related classifications of contractor properly licensed by the Louisiana State Licensing Board for Contractors who construct water, sewer, or drainage line work. Such contractor shall not be required by any public entity to apply for or maintain a Class IV Certified Water System Operator Certificate or Wastewater Collection Operator Certificate as a condition of bidding, obtaining permits, or constructing water, sewer, or drainage line work.

            E. The Sewerage and Water Board of New Orleans shall be allowed to require their municipal and public works contractors and other related classifications of contractors properly licensed by the Louisiana State Licensing Board of Contractors who construct, install or repair water, sewer or drainage line work to successfully complete a course provided and approved by the Sewerage and Water Board of New Orleans or the Louisiana Department of Health, which includes, but is not limited to all of the following:

            (1) The practices involved in the installation and the rehabilitation of the wastewater collection system including gravity sewers, sewer service lines, sewer force mains and manholes.

            (2) Water distribution system including valves, a network of pipes, water service lines, meters and fire hydrants.

            Acts 1972, No. 538, §9; Acts 2005, No. 236, §1; Acts 2008, No. 112, §1; Acts 2008, No. 421, §1, eff. June 21, 2008; Acts 2008, No. 551, §1, eff. June 30, 2008; Redesignated from La. Rev. Stat. 40:1149 by HCR 84 of 2015 R.S.