7. Where lots of "record" (i.e., lots created by
formal subdivision prior to July 28, 1967) are combined
(in accord with the definition of a subdivision) to create a
new, larger, single lot, and no re-subdivision of the
property is involved. On July 20, 2002 and thereafter, in
no case shall the newly created lots have less than 50
feet of frontage or be less than 5,000 square feet in area.
8. For single lots or sites, regardless of size,
remaining in substantially developed previously
established subdivisions, when, in the opinion of the
state health officer, a hazard to the public health will not
result.
9. For single lots or sites, regardless of size, when
the installation of an individual sewerage system is
proposed in order to renovate or replace a pre-existing
sewerage system. Such installation may be allowed
when, in the opinion of the state health officer, a public
health hazard or nuisance will not result. This provision
shall apply to the renovation or replacement of pre-
existing systems only and shall not be utilized to
circumvent other requirements, particularly those
relative to minimum lot size for new residences and
subdivision development, of this code.
C. [Formerly paragraph 13:011-3] Effective October
20, 2000, this rule applies to new individual sewerage
system installations, upgrades and/or modifications to
existing systems required as a result of an investigation
by the Office of Public Health (OPH) into an allegation
that a violation of Part XIII of the Louisiana sanitary code
has occurred or is occurring, and has the potential for
causing harm or creating a nuisance to the general public
(R.S. 40:1154). Such individual sewerage systems with a
capacity up to and including 1,500 gpd, that produce
treated effluent, and which, by design, do not
significantly reduce the amount of off-site effluent, shall
be followed by an effluent reduction system constructed
as described in Chapter 7 Subchapter B, §§731 and 733
of this Part.
D. [Formerly paragraph 13:011-4] The state health
officer may consider for approval, on an individual basis,
proposals for developments that are of a unique nature,
such as a development over water, or irregular
configuration, where individual sewage disposal is
proposed, where the development, by its very nature
(e.g., where commonly or jointly owned property is
involved), is clearly not addressed by the current
considerations of this Code.
AUTHORITY NOTE: Promulgated in accordance with R.S. 40:4(A)(6),
R.S. 40:5(9)(20), and R.S. 40:1154(A).
HISTORICAL NOTE: Promulgated by the Department of
Health and Hospitals, Office of Public Health, LR 28:1345 (June
2002), amended LR 28:1591 (July 2002).
Chapter 7. Individual Sewerage
Systems
[formerly Chapter 13 Subpart D]
Subchapter A. General Requirements
§701. Permits
[formerly paragraph 13:012-1]
A. A person shall not install, cause to be
installed, alter subsequent to installation, or operate
an individual sewerage system of any kind without
first having obtained a permit from the state health
officer. No person shall install, cause to be installed,
or alter subsequent to installation an individual
sewerage system of any kind except in accordance
with the plans and specifications for the installation
which have been approved as a part of a permit
issued by the state health officer. Such permits shall
be issued in a two-stage process in accordance with
§701.B and C.
B. [Formerly paragraph 13:012-2] Upon receipt
of a request for such permit, and approval of plans
and specifications for the proposed individual
sewerage system (which shall accompany any such
request for permit), a temporary permit, authorizing
the installation of said system, may be issued. Any
such temporary permit shall be in writing and shall
not be issued until, with respect to the property and
its surroundings, the state health officer has
determined that connection to a community-type
sewerage system is not feasible, and that the
condition of the soil, drainage patterns, the lot
size/dimensions, and other related factors are such
that the construction and use of properly designed
individual sewerage facilities are not likely to create
a nuisance or public health hazard.
C. [Formerly paragraph 13:012-3] A final permit
approving the installation, shall be issued only upon
verification that the individual sewerage system has
been installed in compliance with this code. The
verification of such installation shall be determined
by means of an on-site inspection conducted by a
representative of the state health officer and/or in
the form of a completed "Certification by Installer"
form submitted to the state health officer by the
licensed installer. The installer shall notify the
appropriate local Parish Health Unit prior to the
installation of an individual sewerage system. The