La. Admin. Code tit. 51 § XII-101

Current through Register Vol. 50, No. 11, November 20, 2024
Section XII-101 - Definitions [formerly paragraph 12:001]
A. Unless otherwise specifically provided herein, the following words and terms used in this Part of the Sanitary Code, and all other Parts which are adopted or may be adopted, are defined for the purposes thereof as follows.

Abandoned Well- a water well that has been permanently discontinued; has had its pumping equipment permanently removed; is in such a state of disrepair that it cannot be used to supply water and/or has the potential for transmitting surface contaminants into the aquifer; poses potential health or safety hazards or the well is in such a condition that it cannot be placed in service.

Auxiliary Intake- any piping connection or other device whereby water may be secured from a source other than that normally used.

Average Daily Demand during the Month of Maximum Water Use-the largest volume of flow anticipated to occur during a calendar month, expressed as a daily average.

Back Siphonage- a form of backflow caused by negative or subatmospheric pressure within a water system.

Backflow-

a. a flow condition, induced by a differential pressure, that causes the flow of water or other liquid into the distribution pipes of a potable water supply from any source or sources other than its intended source; or
b. the backing up of water through a conduit or channel in the direction opposite to normal flow.

Backflow Preventer- a device for a potable water supply pipe to prevent the backflow of water of questionable quality into the potable water supply system.

Boil Notice- an official order authorized by the state health officer to the owner/users of a specific water supply, directing that water from that supply be boiled according to directions, or otherwise disinfected prior to human consumption.

By-Pass- any system of piping or other arrangement whereby the water may be diverted around any part or portion of a water supply or treatment facility.

Category-a group of physical, chemical, or radiological parameters associated with drinking water for which laboratory certification is offered under the laboratory certification program.

Certification Fee- the annual charge assessed laboratories requesting certification from the Department of Health and Hospitals to provide the needed chemical (organic, inorganic and radiological) analytical support for the public water systems.

Certified Chemical Laboratory/Drinking Water-a laboratory me eting the requirements contained within the laboratory certification regulations and which has been officially certified by the state health officer to analyze and report compliance monitoring sample results for one or more physical, chemical, or radiological parameters associated with drinking water. Certification may be obtained on a parameter by parameter basis only.

Committee of Certification- the committee, created by R.S. 40:1141-1151, responsible for certification of waterworks operators and sewerage works operators.

Community Water Supply- a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

Community Water System-community water supply.

Contaminant- any physical, chemical, biological, or radiological substance or matter in water.

Cross Connection-

a. a physical connection through which a supply of potable water could be contaminated or polluted; or
b. a connection between a supervised potable water supply and an unsupervised supply of unknown potability.

Drain- any pipe which carries waste water or water-borne waste in a building drainage system.

Drainage System- (drainage piping) includes all the piping within public or private premises, which conveys sewage, rain water, or other liquid wastes to a point of disposal, but does not include the mains of a public sewer system or a private or public sewage treatment plant.

Engineer of Record-the Louisiana licensed professional engineer responsible for the submission of plans and specifications for an installation to be permitted by the state health officer under this Part.

Ground Water- subsurface water occupying the saturation zone from which wells and springs are fed. In a strict sense the term applies only to water below the water table.

Hospital-see LAC 51:XIX.101.

Human Consumption-the use of water by humans for drinking, cooking, bathing, showering, hand washing, dishwashing, or maintaining oral hygiene.

Interconnection- a physical connection between two water supply systems.

Laboratory Certification Manual- the reference book which contains the Department of Health and Hospitals' regulations governing laboratory certification and standards of performance for laboratories conducting drinking water analyses for public water supplies in the state of Louisiana.

Laboratory Certification Program-a program carried out by the Department of Health and Hospitals, Office of Public Health to certify commercially and publicly owned laboratories to perform compliance monitoring analyses for public water systems and other potable water supply systems in accordance with the National Primary Drinking Water Regulations and this Part. The cost of the program will be recouped from the laboratories requesting certification.

Laboratory Certification Regulations-the regulations which govern laboratory certification and standards of performance for laboratories conducting drinking water analyses for public water systems and other potable water supply systems in the state of Louisiana. Such regulations are housed in LAC 48:V.Chapter 80.

Laboratory Certification Program-a program carried out by the Department of Health and Hospitals, Office of Public Health to certify commercially and publicly owned laboratories to perform compliance monitoring analyses for public water systems and other potable water supply systems in accordance with the National Primary Drinking Water Regulations and this Part. The cost of the program will be recouped from the laboratories requesting certification.

Laboratory Requesting Certification- an uncertified laboratory which has submitted an acceptable application and appropriate fee(s) for the category in which it desires certification.

Lead Free-

a. In general.
i. not containing more than 0.2 percent lead when used with respect to solder and flux; and
ii. not more than a weighted average of 0.25 percent lead when used with respect to the wetted surfaces of pipes, pipe fittings, plumbing fittings, and fixtures.
b. Calculation
i. The weighted average lead content of a pipe, pipe fitting, plumbing fitting, or fixture shall be calculated by using the following formula:
(a). For each wetted component, the percentage of lead in the component shall be multiplied by the ratio of the wetted surface area of that component to the total wetted surface area of the entire product to arrive at the weighted percentage of lead of the component. The weighted percentage of lead of each wetted component shall be added together, and the sum of these weighted percentages shall constitute the weighted average lead content of the product. The lead content of the material used to produce wetted components shall be used to determine compliance with Clause "a.ii." above. For lead content of materials that are provided as a range, the maximum content of the range shall be used.

Level 1 Assessment-an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and (when possible) the likely reason that the system triggered the assessment. Minimum elements include review and identification of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate; existing water quality monitoring data; and inadequacies in sample sites, sampling protocol, and sample processing. The system must conduct the assessment consistent with any State directives that tailor specific assessment elements with respect to the size and type of the system and the size, type, and characteristics of the distribution system.

Level 2 Assessment-an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and (when possible) the likely reason that the system triggered the assessment. A Level 2 assessment provides a more detailed examination of the system (including the system's monitoring and operational practices) than does a Level 1 assessment through the use of more comprehensive investigation and review of available information, additional internal and external resources, and other relevant practices. Minimum elements include review and identification of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate; existing water quality monitoring data; and inadequacies in sample sites, sampling protocol, and sample processing. The system must comply with any expedited actions or additional actions required by the State in the case of an E. coli MCL violation.

Listed-equipment or materials included in a list published by an approved nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of production of listed equipment or materials, and whose listing states either that the equipment or material meets nationally recognized standards or has been tested and found suitable for use in a specified manner. The means for identifying listed equipment may vary for each testing laboratory, inspection agency, or other organization concerned with product evaluation, some of which do not recognize equipment as listed unless it is also labeled. The water supplier should utilize the system employed by the listing organization to identify a listed product.

a. In respect to any solder, flux, pipes, pipe fittings, plumbing fittings, fixtures, and any other appurtenances which are claimed to be lead free, this defined term (listed) shall additionally include the requirement that all such solder, flux, pipes, pipe fittings, plumbing fittings, fixtures, and any other appurtenances have been certified to be lead free by an independent American National Standards Institute (ANSI)-accredited third party testing laboratory, inspection agency or other organization concerned with product evaluation.

Louisiana Water Well Rules, Regulations, and Standards- see LAC 56: I.

LSPC-Louisiana State Plumbing Code, i.e., Part XIV (Plumbing) of this Code (LAC 51:XIV) became null and void on January 1, 2016 per Act 836 of the 2014 Regular Legislative Session. See the Louisiana State Uniform Construction Code (LAC 17:I.Chapter 1) for state plumbing regulations.

Maximum Contaminant Level (MCL)- the highest permissible concentration of a substance allowed in drinking water as established by the U.S. Environmental Protection Agency.

National Primary Drinking Water Regulations-

a. drinking water regulations promulgated by the U.S. Environmental Protection Agency pursuant to applicable provisions of title XIV of the Public Health Service Act, commonly known as the "Safe Drinking Water Act,"42 U.S.C.A. § 300f et seq., and as published in the July 1, 2015 edition of the Code of Federal Regulations, Title 40, Part 141 ( 40 CFR 141), less and except:
i.40 CFR § 141.35 Reporting for unregulated contaminant monitoring results;
ii.40 CFR § 141.40 Monitoring requirements for unregulated contaminants;
iii. Subpart H-Filtration and Disinfection (40 CFR §§ 141.70-141.76);
iv. Subpart P-Enhanced Filtration and Disinfection-Systems Serving 10,000 or More People (40 CFR §§ 141.170-141.175);
v. Subpart T-Enhanced Filtration and Disinfection-Systems Serving Fewer Than 10,000 People ( 40 CFR §141 500-571); and
vi. Subpart X-Aircraft Drinking Water Rule ( 40 CFR §141 800-810).
b. when "Subpart H", "Subpart P", or "Subpart T" is used within the actual text of the drinking water regulations cited in Subparagraph "a." of this Paragraph (definition), "LAC 51:XII.Chapter 11" shall be substituted therein.

National Secondary Drinking Water Regulations (NSDWR)- regulations ( 40 CFR Part 143) promulgated by the U.S. Environmental Protection Agency pursuant to applicable provisions of P.L. 99-339, the "Safe Drinking Water Act," and as published in the Federal Register of July 19, 1979, pages 42,195-42,202 and April 2, 1986, page 11,412.

Non-Community Water Supply- a public water system that does not meet the criteria for a community water supply and serves at least 25 individuals (combination of residents and transients) at least 60 days out of each year. A non-community water supply is either a transient non-commu nity water supply or a non-transient non -community water supply.

Non-Transient Non-Community Water Supply- a public water system that is not a community system and regularly serves at least 25 of the same persons (non-residents) over six months per year.

Op erator- the individual, as determined by the committee of certification, in attendance, onsite of a water supply system and whose performance, judgment and direction affects either the safety, sanitary quality or quantity of water treated or delivered.

Permit- a written document issued by the state health officer through the Office of Public Health which authorizes construction and operation of a new water supply or a modification of any existing supply.

Person-a natural person, his heirs, executors, administrators, or assigns; and includes a firm, partnership, or corporation, its or their successors or assigns, the state of Louisiana or any of its political subdivisions, the United States government or any of its political subdivisions and any officer, employee and agent of one of those entities. Singular includes plural; male includes female.

Potable Water-water having bacteriological, physical, radiological, and chemical qualities that make it safe and suitable for human consumption.

Potable Water Supply- a source of potable water, and the appurtenances that make it available for use.

Private Water Supply- a potable water supply that does not meet the criteria for a public water supply.

Public Water Supply- public water system.

Public Water System- a system for the provision to the public of water for potable water purposes through pipes or other constructed conveyances, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. (A public water system is either a community water supply or a non-community water supply.) Such term includes:

a. any collection, treatment, storage, and distribution facilities under the control of the operator of such system and used primarily in connection with such system; and
b. any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system.

Reservoir- a natural or artificial lake or impoundment for storage of water (either raw or treated) used or proposed to be used for potable purposes.

Sanitary Survey-an onsite review of the water source, facilities, equipment, operation, maintenance, and monitoring compliance of a public water system to evaluate the adequacy of the system, its sources and operations and the distribution of safe drinking water.

Sanitary Well Seal- a suitable threaded, flanged, or welded water-tight cap or compression seal installed at the top of the well casing so as to prevent the entrance of contaminated water or other objectionable material into the well.

Service Connection- the pipe from the water main and/or water meter, water supply system or other source of water supply to the building or structure served.

Significant Deficiency-a defect in design, operation, or maintenance, or a failure or malfunction of the sources, treatment, storage, or distribution system that the state health officer determines to be causing, or has the potential for causing the introduction of contamination into the water delivered to consumers.

Source of Water Supply- any well, spring, cistern, infiltration gallery, stream, reservoir, pond, or lake from which, by any means, water is taken either temporarily or continuously for potable use.

Substantial Renovation- instances when new water treatment units are added to existing water treatment plants or non-serviceable portions of existing water treatment units are reconstructed. In addition, alterations or changes which increase plant capacity are included in this term.

Surface Water- derived from water sources on the surface of the earth such as streams, ponds, lakes, or reservoirs.

Ten State Standards-Repealed.

Tier 1 Public Notice-the form, manner, timing, and frequency required to notify the public of National Primary Drinking Water Regulations violations and/or situations (as well as violations and/or situations of §§913, 1139, 1317, 1507, and 1509) with a significant potential to have serious adverse effects on human health as a result of short -term exposure.

Tier 2 Public Notice-the form, manner, timing, and frequency required to notify the public of all other National Primary Drinking Water Regulations violations and/or situations (as well as violations and/or situations of §§913, 1139, 1317, 1507, and 1509) with a potential to have serious adverse effects on human health.

Tier 3 Public Notice-the form, manner, timing, and frequency required to notify the public for all other National Primary Drinking Water Regulations violations and/or situations (as well as violations and/or situations of §§913, 1139, 1317, 1507, and 1509) not included in Tier 1 Public Notice or Tier 2 Public Notice.

Transient Non-Community Water Supply- a non-community water supply that does not regularly serve at least 25 of the same persons over six months per year.

Treatment Technique Requirement- a treatment process/standard which has been established in lieu of a maximum contaminant level when, in the state health officer's judgment, it is not economically or technologically feasible to ascertain the level of a contaminant in water intended for potable purposes.

Vacuum Breaker- a device for relieving a vacuum or partial vacuum formed in a pipeline, thereby preventing back siphonage.

Water Supplier-a person who owns or operates a water supply system including, but not limited to, a person who owns or operates a public water system.

Water Supply System-the system of pipes or other constructed conveyances, structures and facilities through which water is obtained, treated to make it potable (if necessary), and then distributed (with or without charge) for human consumption or other use.

Water Well (Well)- an artificial excavation that derives water from the interstices of the rocks or soil which it penetrates.

La. Admin. Code tit. 51, § XII-101

Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:1318 (June 2002), amended LR 28:2513 (December 2002), LR 30:1194 (June 2004), LR 30:2326 (October 2004), LR 35:484 (March 2009), LR 35:1240 (July 2009), LR 38:2375 (September 2012), LR 38:2793 (November 2012), LR 38:3232 (December 2012), Amended by the Department of Health, Office of Public Health, LR 4384 (1/1/2017), Amended LR 44296 (2/1/2018), Amended by the Department of Health, Office of Public Health, LR 441251 (7/1/2018), effective 8/1/2018, Amended LR 481101 (4/1/2022).
The text in this Section will be effective on January 1, 2013.
AUTHORITY NOTE: Promulgated in accordance with R.S. 36:258(B), R.S. 36:254(B)(7), R.S. 40:4(A)(8), R.S. 40:4.13(D)(1)(2), R.S. 40:5(A) (2)(3)(5)(6)(17)(20), and R.S. 40:1281.8.