La. Admin. Code tit. 51 § XII-1101

Current through Register Vol. 50, No. 9, September 20, 2024

Section XII-1101 - General Requirements

A. Although this Chapter is titled the "Surface Water Treatment Rule" (SWTR), it is comprised of the adoption of all the following individual rules:

1. the Louisiana Surface Water Treatment Rule (LSWTR) adopted on March 20, 1991 (see LR 17:271);

2. the May 20, 2000 rule (see LR 26:1036) that repealed obsolete turbidity monitoring rules (these obsolete rules pre-dated the newer turbidity monitoring rules contained in the LSWTR);

3. the Louisiana Interim Enhanced Surface Water Treatment Rule (LIESWTR) adopted on December 20, 2002 (LR 28:2513);

4. the Louisiana Long Term 1 Enhanced Surface Water Treatment Rule (LLT1ESWTR) adopted on July 20, 2009 (LR 35:1239); and

5. the Long Term 2 Enhanced Surface Water Treatment Rule (LT2ESWTR) adopted by reference on September 20, 2012.

a. Pursuant to the definition of national primary drinking water regulations (as defined in this Part) and the provisions of §377 of this Part, the Department of Health and Hospitals (DHH) Office of Public Health (OPH) adopts by reference the United States Environmental Protection Agency (USEPA) federal Long Term 2 Enhanced Surface Water Treatment Rule (LT2ESWTR) as published in the Federal Register dated January 5, 2006 (Volume 71, Number 3, pages 653-786). In addition, under §377 of this Part, DHH-OPH also adopted by reference certain USEPA technical corrections to the federal LT2ESWTR. The applicable technical corrections were published in the Federal Register dated January 30, 2006 (Volume 71, Number 19, page 4968) and in the Federal Register dated February 6, 2006 (Volume 71, Number 24, page 6136).

B. For public water systems using surface water or groundwater under the direct influence of surface water (GWUDISW), this Chapter establishes or extends treatment technique requirements in lieu of maximum contaminant levels for the following microbial contaminants: Giardia lamblia (cysts), viruses, heterotrophic plate count bacteria, Legionella, turbidity, and Cryptosporidium oocysts.

C. Each supplier using an approved surface water as its source of water supply shall provide multibarrier treatment necessary to reliably protect users from the adverse health effects of microbiological contaminants and to comply with the requirements and performance standards prescribed in this Chapter.

D. Unless the Department of Health and Hospitals, hereinafter referred to as DHH, determines that a shorter time limit is necessary due to an emergency situation or the finding of a significant deficiency, a supplier shall, within 90 days from the date of notification by DHH that a treatment plant using surface water or GWUDISW as its source of water supply does not meet the requirements of this Chapter, submit for DHH approval a plan and schedule to bring its system into compliance.

E. If the supplier disagrees with the DHH's notification issued pursuant to §1101. D of this Part, then the supplier shall submit in writing reasons and evidence for its disagreement as soon as possible but not later than 30 days from the receipt of the notification unless an extension of time to meet this requirement is requested and granted by the DHH. In cases when DHH's notification involves an emergency situation or the finding of a significant deficiency, the supplier shall submit in writing reasons and evidence for its disagreement as soon as possible but not later than 14 days from the receipt of such notification.

La. Admin. Code tit. 51, § XII-1101

Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:1335 (June 2002), amended LR 28:2514 (December 2002), LR 35:1241 (July 2009), LR 38:2376 (September 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:4 (A)(8) and R.S. 40:5 (2)(3)(5)(6)(17)(20).