La. Admin. Code tit. 51 § XIII-725
Current through Register Vol. 50, No. 11, November 20, 2024
Section XIII-725 - Mechanical Waste Water Treatment Plants [formerly Section VI of Appendix A]A. [Formerly paragraph A:6.1 of Appendix A] Mechanical wastewater treatment plants are small plants capable of providing primary and secondary treatment of sanitary sewage. All are considered to be aerobic treatment units.B. [Formerly paragraph A:6.2 of Appendix A] An individual mechanical plant will be permitted where individual sewerage systems would currently be permitted under prevailing rules as set forth in this Part of the state sanitary code. Sewage loading criteria for determining the average daily design flow and organic loading are contained in Chapter 15 of this Part.C. [Formerly paragraph A:6.3 of Appendix A] An individual mechanical plant will be permitted in lieu of a conventional septic tank system (septic tank/absorption field) only in accordance with the provisions of §511. B of this Code, and where a conventional septic tank system could not be permitted.D. [Formerly paragraph A:6.4 of Appendix A] Permitted individual mechanical plants shall strictly comply with National Sanitation Foundation International Standard, NSF 40-1996 for Residential Wastewater Treatment Systems (Class I Systems) as revised May 1996 and published by NSF International, P.O. Box 130140, Ann Arbor, Michigan 48113-0140 USA, and as has been approved by the American National Standards Institute, 11 West 42nd Street, New York, New York 10036 as standard ANSI/NSF 40-1996, revised May 28, 1996.E. [Formerly paragraph A:6.5 of Appendix A] All individual mechanical plants currently approved for installation in Louisiana as of the effective date of these regulations shall not be required to meet the requirements of §725. D until March 1, 2001. Until March 1, 2001, plants shall continue to comply with the standards under which they were approved. Effective March 1, 2001, all plants shall comply with the standard as stated in §725 DF. [Formerly paragraph A:6.6 of Appendix A] In addition to evidence of strict compliance with NSF International Standard NSF 40-1996 (Class I Systems), and ANSI/NSF 40-1996 (Class I Systems), as are specified in §725. D of this Code, the following Department of Health and Hospitals/Office of Public Health (DHH/OPH) requirements shall also apply. 1. Testing/Evaluation (General) a. All certifications of individual mechanical plants shall be conducted by an American National Standards Institute (ANSI) accredited certification program testing/evaluation facility authorized for such purpose(s). Verification of such certification shall be provided to DHH/OPH, subject to acceptance by DHH/OPH of such verification, as prerequisite to consideration of any individual mechanical (residential) plant for permitting in Louisiana.b. Evidence of acceptance by DHH/OPH of an ANSI accredited testing/evaluation facility, for purpose of testing/evaluation of individual mechanical (residential) plant(s) for permitting in Louisiana shall be demonstrated upon execution of an appropriate Memorandum of Understanding (MOU), or other, similar contractual instrument, subject to terms and conditions as may be imposed by DHH/OPH-said MOU to be between DHH/OPH and the testing/evaluation facility.c. Successful completion of testing/evaluation of an individual mechanical (residential) plant in accordance with applicable provisions of this Code, having been properly tested/evaluated and certified by an appropriate facility, shall serve to allow the DHH/OPH authorization of an individual mechanical (residential) plant for permitting purposes in Louisiana for a period not to exceed seven years from the date of such DHH/OPH authorization, or until such time as an appropriate revision to the prevailing testing/evaluation standard for such purposes may become revised. Such authorization of an individual mechanical (residential) plant for permitting purposes in Louisiana shall be in the form of a written license by DHH/OPH to a manufacturer of such individual mechanical (residential) plant(s), subject to compliance with applicable provisions of this Code-such license to be valid for the specified period, annually renewable, and suspendable/revocable by DHH/OPH in accordance with license revocation procedures as specified in §735 F2. Licensing a. In addition to evidence of compliance of an individual mechanical (residential) plant having been properly tested/evaluated and certified by an appropriate facility, certain additional requirements shall serve as a basis for licensing by DHH/OPH of such individual mechanical (residential) plant in Louisiana. These additional requirements shall apply, as appropriate, to the manufacturer and/or manufacturer representative, agent, sub-manufacturer or other associated entity, as appropriate, involved in the manufacture, marketing, sale, installation and/or maintenance of such (any) individual mechanical (residential) plant(s) in Louisiana. Further, with respect to the testing/evaluation facility which may have certified the individual mechanical plants being in compliance with the testing/evaluation standard contained herein, certain additional requirements, for licensing purposes, shall apply.b. These additional requirements are specified as follows.i. Testing/Evaluation Facility Responsibilities (a). In addition to providing testing/evaluation services with respect to individual mechanical (residential) plants scheduled for manufacture, marketing, sale, installation and maintenance in Louisiana, the testing/evaluation facility shall also serve to provide oversight liaison services both to the manufacturer of the individual mechanical (residential) plant, as well as to DHH/OPH. However, DHH/OPH communication with the testing facility will be at the OPH Program Manager level, or higher. While it is recognized that the testing/evaluation facility may exercise its fiduciary right to exact such fees or other reimbursement costs as appropriate from a manufacturer (client), under no circumstances may the testing/evaluation facility exact such fees or other reimbursement costs from DHH/OPH in order to compensate for any of these regulatory requirements. Accordingly, the following requirements shall be included in the MOU.(b). It shall be required that all individual mechanical (residential) plant manufacturers will be inspected annually by the testing/evaluation facility having certified the related individual mechanical (residential) plant and that DHH/OPH shall be, upon request, furnished with copies of all reports of such inspections, which shall include at a minimum the verification (or reverification) of all "forms" used in the manufacture (or sub-manufacture) of individual mechanical (residential) plants.(c). It shall be required that a representative number, up to 4 but in, no case more than 10 percent, of all manufacturers authorized sub-manufacturers of individual mechanical (residential) plants will be inspected annually by the testing/evaluation facility having certified the related individual mechanical (residential) plant and that a report shall be retained by the testing/evaluation facility and shall, upon request by DHH/OPH, make such information available to DHH/OPH, which shall include at a minimum the verification of service records for all related individual mechanical (residential) plant installations and availability of stand-by parts.(d). It shall be required that a representative number of installations in Louisiana, but in no case less than 10, of all individual mechanical (residential) plants manufactured by manufacturers and their respective sub-manufacturers will be inspected annually by the testing/evaluation facility having certified the related individual mechanical (residential) plant and that a report shall be retained by the testing/evaluation facility and shall, upon request by DHH/OPH, make such information available to DHH/OPH, which shall include at a minimum the verification (or re-verification) that individual mechanical (residential) plants and their respective installation(s) are in conformity with the plans and specifications as are reflected in the testing/evaluation report which was approved for the related individual mechanical (residential) plant.(e). It shall be required that copies of all inspection/audit reports conducted by a testing/evaluation facility with regard to a client-related manufacturer (or sub-manufacturer) of individual mechanical (residential) plants will be retained by the testing/evaluation facility and shall, upon request by DHH/OPH, make such information available to DHH/OPH upon completion of said report(s).(f). It shall be required that copies of all reports of non-compliance and/or reports of complaint(s) investigations by a testing/ evaluation facility with respect to a client-related manufacturer (or sub-manufacturer) of individual mechanical (residential) plant(s) will be retained by the testing/evaluation facility and shall, upon request by DHH/OPH, make such information available to DHH/OPH upon completion of said report(s).(g). It shall be required that any modification(s) to an individual mechanical (residential) plant, once certified by an ANSI accredited testing/evaluation facility, shall be subject to re-evaluation by the testing/evaluation facility and that written acceptance of the change by the ANSI accredited testing/evaluation facility shall be received by the manufacturer prior to incorporating the change; this information also to be transmitted to DHH/OPH.(h). In the event that the original testing/evaluation facility no longer conducts testings/evaluations and certifications of individual mechanical (residential) plants for a specific manufacturer, it will be the responsibility of the testing/evaluation facility to insure an orderly transfer of the documentation supporting certification to the manufacturer for transmittal to another ANSI accredited testing/evaluation facility at the manufacturers choice.ii. Manufacturer/Sub-Manufacturer Responsibilities(a). In addition to other, related requirements of this code as pertain to the manufacture, marketing, sale, installation and maintenance of individual mechanical (residential) plant(s) in Louisiana, the manufacturer (or sub-manufacturer, or installer, as appropriate) of an individual mechanical plant shall also be responsible for insuring compliance with the following.(b). It shall be required that the manufacturer/sub-manufacturer shall annually inspect at least 10 percent of its authorized installers in Louisiana of certified individual mechanical (residential) plants (products) and shall provide written reports of such inspections, which shall minimally address certain matters specified by DHH/OPH, both to the testing/evaluation facility of record as well as to DHH/OPH.(c). It shall be required that the manufacturer/sub-manufacturer(s) installers of individual mechanical (residential) plant(s) must maintain a current list of all sales/installations of individual mechanical (residential) plants and shall, upon request by DHH/OPH, make such information (i.e., name, address of purchaser, date of sale, etc.) available to DHH/OPH.(d). It shall be required that manufacturers/sub-manufacturers/installers, as appropriate must provide a minimum two-year service policy to the purchaser of each individual mechanical (residential) plant purchased/ installed at no additional cost, with verification provided to DHH/OPH and the purchaser, of such service policy provision. The initial policy shall contain provisions for four inspection/service visits (scheduled once every six months over the two-year period) during which electrical, mechanical, and other applicable components are inspected, adjusted, and serviced. The initial service policy shall also contain provisions for an effluent quality inspection consisting of a visual assessment of color, turbidity, and scum overflow, and an olfactory assessment for odor.(e). It shall be required that the manufacturers/sub-manufacturers/installers, as appropriate must make available (subject to the purchaser's right of refusal) an extended service/maintenance agreement with terms comparable to those in the initial service policy, in writing.(f). The manufacturer/sub-manufacturer shall insure that the individual mechanical (residential) plant and its component parts are properly and easily identified.(g). The manufacturer/sub-manufacturer shall secure such license(s) as may be required by other, applicable provisions of this code for purpose(s) of manufacture, marketing, sale, installation and/or maintenance of individual mechanical (residential) plant(s) in Louisiana-such license(s) requirement(s) to include, at a minimum as condition of licensure, the verifiable imposition of such insurance, bonding and related requirements as may become stipulated by DHH/OPH for purpose(s) of such related business activities conducted in Louisiana.(h). Manufacturers shall specifically authorize the ANSI accredited testing/evaluation facility to release to DHH/OPH all of the documentation outlined in terms Subclauses i.(a)-(h) above.3. Certification a. Licensing will be based on a two phase certification process, as follows. i. Initial Certification. Consisting of evidence of successful completion of the herein prescribed testing of an individual mechanical (residential) plant, by the appropriate ANSI accredited testing/evaluation facility conjunctive with an actual onsite physical inspection and audit of all plant manufacturer (company) and sub-manufacturer facilities and production locations by the appropriate ANSI accredited testing facility.ii. Continuing Certification. Consisting of evidence of an annual re-certification, re-inspection and re-audit by the ANSI accredited testing/evaluation facility of all plant manufacturers (company) and sub-manufacturer facilities and production locations, as well as an evaluation of a representative number (no less than four) of all manufacturers authorized distributors and plants (units/models) sold and installed, with report(s) of such evidence available to DHH/OPH upon request.G. [Formerly paragraph A:6.7 of Appendix A] Persons proposing to sell individual mechanical plants for installation in Louisiana shall submit an evaluation report indicating compliance with ANSI/NSF Standard Number 40 and obtain approval from the *Department of Health and Hospitals, Office of Public Health, P.O. Box 60630, New Orleans, LA 70160, prior to selling/installing plants in the state. The compliance evaluation report shall be prepared by an ANSI certified testing laboratory as required in §725 F, and shall include positive identification of all owners, officers, agents, stockholders, contractors, sub-contractors, as may be in any manner or by any means associated with the entity seeking a permit. 1. [Formerly paragraph A.6.7-1 of Appendix A] Upon approval of an evaluation report by the Department of Health and Hospitals, Office of Public Health, the subject individual mechanical plant may be permitted for use in Louisiana. The Office of Public Health will maintain a list of licensed Manufacturers and respective individual mechanical plants permitted for sale/installation in the state.2. [Formerly paragraph A:6.7-2 of Appendix A] Any alteration or modification of an individual mechanical plant without the certification of the ANSI certified testing laboratory and subsequent approval of DHH-OPH shall constitute a violation of this Section and shall be grounds for suspension/revocation of any permit or license held by each person responsible for such changes, alterations or modifications.H. [Formerly paragraph A:6.8 of Appendix A] Licenses shall remain valid subject to the following. 1. No person involved with the testing facility either directly or indirectly, may become an owner, partner, or stockholder of any company holding any license to manufacture, submanufacture, install or maintain individual mechanical treatment plants in Louisiana within two years of the approval date of said plant by the Office of Public Health.2. Should a change of ownership occur, the manufacturer license for such plant shall be rescinded.3. The licensed Manufacturer shall submit to the Office of Public Health, not later than January 31 of each year, proof that they have secured general liability insurance in an amount of not less than $1,000,000.4. The licensed Manufacturer shall be responsible for assuring that their mechanical plants are sold only to licensed submanufacturers and installers in order to prevent the installation of their plants by unauthorized persons.I. [Formerly paragraph A:6.8-1 of Appendix A] Persons appealing the denial of their application under the Administrative Procedure Act shall post a cost bond prior to the scheduling of such hearing. The plaintiff shall forfeit the cost bond to the state when said appeal is denied by the hearing officer. The hearing officer is to determine the amount of the cost bond, on a per diem basis. The costs shall include room rental, hearing officer fees, court reporter fees, and transcript costs.J. [Formerly paragraph A:6.9 of Appendix A] Individual mechanical plants and all components must be installed in compliance with the minimum separation requirements for water wells and appurtenances as required in Part XII of this Code.K. [Formerly paragraph A:6.9-1 of Appendix A] Individual mechanical plants should be installed at least 10 feet from the property line.L. [Formerly paragraph A:6.10 of Appendix A] Determination of compliance with NSF Standard Number 40 requirements and/or additional related requirements provided for in this Subchapter shall be the responsibility and sole authority of the state health officer acting through the Office of Public Health.M. [Formerly Part B paragraph A:6.11 of Appendix A] Warranty/Maintenance/Service Provisions 1. The "Individual Mechanical Plant Initial Warranty Inspection/Service Report" must be submitted to the state health officer after each warranty/maintenance inspection is completed by the maintenance provider, and will become part of the permanent record for each system. A maintenance contract shall be offered to the owner after the initial two-year service contract expires in accordance with National Sanitation Foundation Standard Number 40 relating to Residential Wastewater Treatment Systems, adopted by the Board of Trustees of the National Sanitation Foundation (NSF), Ann Arbor, Michigan, as revised May 1996. The maintenance provider shall notify the state health officer whenever an extended service contract has been negotiated.2. [Formerly paragraph A:6.12 of Appendix A] The owner is responsible for perpetual maintenance of the sewerage system and components thereof. Proof of perpetual maintenance of the system shall be provided in the form of an extended service contract.La. Admin. Code tit. 51, § XIII-725
Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:1352 (June 2002). The address cited in §727. C has changed to:
Department of Health and Hospitals
Office of Public Health
Engineering Services Section
P.O. Box 4489
Baton Rouge, LA 70821-4489
AUTHORITY NOTE: Promulgated in accordance with R.S. 40:4(A)(6) and R.S. 40:5(9)(20).