§ 33:4065.3 — Powers of commission

Louisiana § 33:4065.3

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§4065.3. Powers of commission
A. The commission shall be authorized, subject to the approval of the governing
authority of Orleans Parish, to use any public street, road, servitude, or right-of-way in the
conduct of its business at no cost to the district.
B. The commission shall be authorized to direct the correction, addition, installation,
removal, relocation, adjustment, or upgrading of any individual, public, profit, nonprofit, or
not-for-profit sewerage or water system located in the district, in accordance with provisions
of the state sanitary code, other applicable parish ordinances, and state and local regulations.
If no action is taken after proper notice of such direction, the commission shall complete the
work directed and assess the owner or owners of such system or the owner or owners of the
property on which the system is located, or both, for the reasonable cost of such work.
Failure to pay such costs shall authorize the commission to file a lien on the property or
system, to assess fines against such owner or owners, or to seek injunctive relief to restrain
operation of such system. Subject to proper notice, any such lien filed on real property may
be added to the annual ad valorem tax bill of such owner or owners of such property. In
carrying out these powers, the commission is authorized to enter private and public
properties.
C. The commission shall be authorized to adopt rules and regulations relative to the
operation, maintenance, and connection of sewerage and water systems within the district,
including rules to prevent obstruction of, interference with, or damage to such systems. Such
rules and regulations shall be published in the official journal of Orleans Parish.
D. The commission shall have authority over all construction necessary or incidental
to the provision of sewage disposal and water in the district. Plans and specifications for
sewerage and water systems to be constructed in the district shall be submitted to and
approved by the commission prior to initiating such construction, and the conduct of such
construction shall be subject to inspection by the commission. Copies of any amendments
to plans and specifications for such systems shall also be submitted to the commission, and
the commission shall approve such amendments prior to operation of such systems.
E. The commission may perform such tasks relative to sewerage and water systems
as it may be authorized to perform by the Louisiana Department of Health, the Department
of Environmental Quality, and the Department of Conservation and Energy.
F. The commission is authorized to award contracts for construction or operation of
sewerage and water systems within the district. The commission may also establish rules for
awarding contracts in the event of emergency and extreme emergency.
G. The commission may establish a plumbing code for the district and monitor
licensed plumbing contractors operating within said district provided such code does not
conflict with any similar code established by the governing authority of Orleans Parish. The
commission may amend the plumbing code as necessary.
H. The commission shall have the authority to construct, purchase, own, maintain,
operate, and improve sewerage and water systems within the district.
I. In exercising its authority under this Subpart, the commission shall be subject to
the authority of the Louisiana Department of Health, the Department of Environmental
Quality, and the Department of Conservation and Energy.

Legislative History

Acts 1990, No. 950, §2, eff. July 25, 1990; Acts 1992, No. 1050, §2, eff. July 31, 1992; S.C.R. No. 165, 1992 R.S., eff. June 18, 1992; Acts 1999, No. 394, §1; Acts 1999, No. 1203, §1; Acts 2023, No. 150, §8, eff. Jan. 10, 2024.