La. Admin. Code tit. 48 § V-1305

Current through Register Vol. 50, No. 11, November 20, 2024

Section V-1305 - Requirements for Fluoridation of a Public Water System

A. LAC 51:XII.105 of the Louisiana State Sanitary Code requires approval by the state health officer or his/her duly authorized representative for certain types of changes made in the treatment of water offered the public. The addition of the fluoride ion to water is covered by that regulation.

B. For any public water system desiring to fluoridate its water, a formal request shall be made to the state health officer for approval to install the necessary fluoridation equipment.

C. In accord with R.S. 40:5.11(B), each community water supply having at least 5,000 service connections and natural fluoride levels that are outside the optimal fluoride level/range as defined in §1101. B of this Subpart shall acquire, install, operate, and maintain a fluoridation system in order to maintain the optimal fluoride level/range in the water being produced and distributed.

NOTE: Exemptions. Any community water supply to which Subsection C of this Section applies shall be exempt from the requirements of Subsection C of this Section when either of the following is applicable.

1. The Department of Health and Hospitals (DHH) is unable to identify a source of sufficient funds available to the community water supply to cover the capital costs, any associated costs to cover the installation, and the funds necessary to cover the cost of purchasing sufficient fluoride source material required to properly fluoridate the system for a period of six months from the date of initial installation and operation; or,

2. A community water supply has never used fluoridation to adjust fluoride levels in its water and its finished water contains fluoride in amounts outside of the optimal fluoride level/range as defined in §1101. B of this Subpart, and a local election on such exemption has been called and held in accordance with R.S. 40:5.11(B), and a majority of the registered voters who cast a vote in said election approve such exemption.

D. Any community water system with less that 5,000 service connections that submits a formal request per Subsection B of this Section must enclose with that request a copy of the ordinance or resolution directing the fluoridation of the water system duly passed by the appropriate governing body.

La. Admin. Code tit. 48, § V-1305

Promulgated by the Department of Health and Human Resources, Office of Preventive and Public Health Services, LR 13:246 (April 1987), amended by the Department of Health and Hospitals, Office of Public Health, LR 36:70 (January 2010).

AUTHORITY NOTE: Promulgated in accordance with 45 CFR, Parts 16, 74, and 96; P.L. 97-35; 42 USC 2476; and R.S. 40:5.11(G).