La. Admin. Code tit. 51 § XII-503

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

Section XII-503 - General Provisions [formerly section 2.1 of paragraph II of appendix A]

A. Nothing herein shall be construed to prohibit the state health officer from modifying the contents of an administrative order if changes are warranted to ensure compliance with applicable laws and regulations or to allow for the practical ability to comply with the items so ordered. It is incumbent upon the person to whom the administrative order was issued to submit a written request for order modifications when, for instance, it is realized that compliance cannot be achieved within the time constraints specified in the order due to unforeseen problems or delays such as inclement weather conditions. Such requests shall be considered if the request is received by the state health officer not later than five days before the compliance deadline expires. In order to show proof and date of service, the person requesting any order modifications shall do so by at least one of the following methods:

1. use of the United States Postal Service via certified mail-return receipt requested, registered mail-return receipt requested, or express mail-return receipt requested;

2. transmission by facsimile machine will also be accepted; however, the state health officer shall be deemed not to have officially received a facsimile transmission until such time as the requester has received a written acknowledgment, via facsimile or mail, of receipt from the Office of Public Health. Said acknowledgment of receipt shall state the date when the Office of Public Health actually received the transmission and this date, regardless the sender's transmission date, shall be used in the determination of whether or not the time limit stated above was met. It is the responsibility of the sender to ask the Office of Public Health for a written acknowledgment of receipt of any facsimile transmissions which may be sent to the state health officer;

3. use of a private shipping service, such as United Parcel Service, Federal Express, etc., when such a service can provide a written receipt to the sender stating the date of delivery to the state health officer.

B. [formerly Section 2.2 of Paragraph II of Appendix A] Additionally, nothing herein shall be construed to mandate that the state health officer is required to assess penalties in the event of noncompliance with a provision of an administrative compliance order issued pursuant to R.S. 40:5.9; however, this rule is intended to delineate the procedure for calculating the monetary amount of the civil penalty assessment after the state health officer has decided to assess and impose penalties for noncompliance.

C. [formerly Section 2.3 of Paragraph II of Appendix A] When reference is made to a public water system herein, such reference is limited to an individual public water system uniquely identified by its own Public Water System Identification Number (PWS ID No.).

La. Admin. Code tit. 51, § XII-503

Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:1329 (June 2002).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:5.9 (A)(4).