ARTICLE I IN GENERAL   (Return to Table of Contents)

1. Food Service Operator, as used in this Section, shall mean any person who manufactures, prepares, serves or offers for sale any food or beverage product to the public.
2. Food Service Operation as used herein shall mean any building, place or mobile unit used for the purpose of manufac­ture, preparation or service of any food product or beverage to the public.
   1. It shall be unlawful for any food service operator to be issued or sold an occupational license or alcoholic beverage license unless and until such food service operator provides the issuing or selling Parish agency, with valid proof of a permit from the Parish Health Unit to operate at the same address for which license is being requested.
   2. It shall be unlawful for any food service establishment to be operated without a valid permit from the Parish Health Unit.
   3. It shall be unlawful for any food service operator to continue the food service operation for which the permit from the Parish Health Unit has been revoked. Either verbal or written notification of permit revocation shall be considered as sufficient notification.
   4. It shall be the duty of the Sheriff to immediately close any food service establishment found to be operating without a permit from the Parish Health Unit or who continues to operate after their permit for such food service operation has been revoked by the Director of the Health Unit or his authorized representative and to prefer charges against the food service operator responsible for such unlawful operation. (Ord. No. 517, Bk. 7, P. 6)

The Parish, through its officers, agents or employees, shall have exclusive jurisdiction, civil and criminal, over the enforce­ment of all Parish Ordinances which regulate Health and Sanitation within the Parish unless otherwise specially provided for in the regulatory Ordinance. (Ord. No. 1143, adopted 04/24/80)

EDITORIAL NOTE: Ord. No. 1143, adopted 04/24/80 (by the Council), was nonamendatory of the Code; hence inclusion herein was at the discretion of the Municipal Code Corp, further copied with new edition.

EDITORIAL NOTE: This section amended by authority of Ord. No. 88-992, which re-adopted Ordinance No. 87-824 adding new Sections 11-003.01 through 11-003.03 dealing with the penalty for non-compliance with the provisions of Sec. 11.003.00, the empower­ment of inspectors to serve citations, and the defini­tion of citations. Further reference LSA R.S. 33:4776, Act No. 388 of the 1988 Louisiana State Legisla­ture.

STATE REFERENCE: LSA R.S. 33:4776

(a) (1) It shall be unlawful for the owner of any lot, place or area within all subdivisions, within one hundred feet (100 ) of all homes, business places or establish­ments and within one hundred feet (100 ) of the exterior right-of-way limits of all state high­ways and parish roads or streets in the Parish of St. Tammany, or the agent of such owner, to permit on such lot, place or area, or upon any sidewalk abutting same, any weeds, grass, or deleteri­ous unhealthful growths over fifteen inches (15") in height, trash, debris, refuse, discarded or noxious mat­ter, that may be growing, lying or located there­on.

(2) It shall be unlawful for the owner of any lot, place or area located on Lake Pontchartrain or any water­way which has a current flow and is designated as a river or bayou on any official map of the State of Louisiana or any other body of water, depression or bed, whether or not there is a current flow present or water present within its bank, when such stream is identifiable on any official map of the State of Louisiana and the directional course of said stream indicates a discharge of water into Lake Pontchartrain, to deposit or place, or to permit the deposition or placement on such lot, place or area, or upon any river bank or seashore, adjoining own­er s lot, place or area any fill material comprised, ei­ther entirely or partly, of asphaltic and/or as­bestos roofing shin­gles. (Amend­ment added by Ord. No. 90-1290, adopted 06/21/90)

(b) The St. Tammany Parish Police Jury, or its duly authorized representative, is hereby authorized and empowered to notify, in writing, the owner of any lot, place or area within the Parish of St. Tammany, or the agent of such owner, to cut, destroy and/or remove any such weeds, grass or deleterious, unhealthful growths over fifteen inches (15") in height, trash, debris, refuse, discarded or noxious matter, found growing, lying or located on such owner s property, or upon the sidewalk abutting same; or, to remove any fill material, comprised in whole, or in part of asphaltic and/or asbestos roofing shingles deposited or placed on such owner s lot, place, or area, or upon any river bank or seashore adjoining owner s lot, place or area located on Lake Pontchartrain or any waterway which has a current flow and is designated as a river or bayou on any official map of the State of Louisi­ana or any other body of water, depression or bed, whether or not there is a current flow present or water present within its bank, when such stream is identifiable on any official map of the State of Louisiana and the directional course of said stream indicates a discharge of water into Lake Pontchartrain; provided that such written notice shall be by Registered Mail, addressed to said owner, or agent of said owner, at his last known address. (amended by Ord. No. 90-1290, adopted 06/21/90)

(c) Upon failure, neglect or refusal of any such owner, or agent of such owner to cut, destroy and/or remove such weeds, grass or deleterious, unhealthful growths over fifteen inches (15") in height, trash, debris, refuse, discarded or noxious matter, growing, lying or located upon such owner s property, or upon the sidewalk abutting same, or, to remove any fill materi­al, comprised in whole, or in part of asphaltic and/or asbestos roofing shingles deposit­ed or placed on such owner s lot, place, or area, or upon any river bank or seashore adjoining owner s lot, place or area located on Lake Pontchartrain or any waterway which has a current flow and is designated as a river or bayou on any official map of the State of Louisiana or any other body of water, depression or bed, whether or not there is a current flow present or water present within its bank, when such stream is identifiable on any official map of the State of Louisiana and the directional course of said stream indicates a discharge of water into Lake Pontchar­train, within ten (10) days after receipt of the written notice provided for in the Section 11-003.00 subparagraph (b), or within ten (10) days after the date of such notice, in the event the same is returned to the St. Tammany Parish Police Jury by the Post Office Department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, or agent, the St. Tammany Parish Police Jury, or its duly autho­rized representative, is hereby authorized and empowered to order by Parish forces or by contract and to pay for the cut­ting, destroy­ing and/or removal of such weeds, grass, or delete­rious, un­healthful growths over fifteen inches (15") in height, trash, debris, refuse, discarded or noxious matter or to remove any fill material comprised in whole, or in part of asphaltic and/or asbestos roofing shingles. (amended by Ord. No. 90-1290, adopted 06/21/90)

(d) Whenever the St. Tammany Parish Police Jury, or its duly authorized representative, has paid for the cutting, destroying and/or removing of such weeds, grass, or deleterious, unhealthful growths over fifteen inches (15") in height, trash, debris, refuse, discarded or noxious matter, or removing any fill material, comprised in whole, or in part of asphaltic and/or asbestos roofing shingles as set forth in Section 11-003.00, sub­paragraph (c), the actual cost thereof, plus accrued interest at the rate of eight percent (8%) per annum from the date of the comple­tion of said work, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the Sheriff and Ex-Officio Tax Collector for the Parish of St. Tammany, if not paid by such owner prior thereto, which said charge shall be due and payable by said owner at the time of payment of such tax bill. (Amended by Ord. No. 90-1290, adopted 06/21/90)

(e) If the full amount due the Parish of St. Tammany is not paid by such owner within ten (10) days after the cutting, destroy­ing and/or removing of such weeds, grass, or deleterious, unhealth­ful growths over fifteen inches (15") in height, trash, debris, refuse, discarded or noxious matter, or removing any fill material, comprised in whole, or in part of asphaltic and/or asbestos roofing shingles as set forth in Section 11-003.00, subparagraphs (c) and (d); then, and in that case, the St. Tammany Parish Police Jury, or its authorized representative, shall cause to be recorded in the Mortgage Office of the Parish of St. Tammany, a sworn statement showing the cost and expense incurred for the work and the date, place or property on which said work was done, and the recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collec­tion, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes, and, further, shall be subject to a delinquent penalty of ten percent (10%) in the event same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent, sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been properly and satisfactorily done, and shall be full notice to every person concerned that the amount of that statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.

(Ord. No. 87-824, adopted 06/18/87; amended by Ord. No. 88-992, adopted 10/20/88: amended by Ord. No. 90-1290, adopted 06/21/90.

In addition to the above remedies, violations of the provisions of this Section, or failure to comply with any of its requirements, shall constitute a misdemeanor. Any person who violates this Section or fails to comply with any of its requirements shall upon conviction therefore be fined not less than Fifty Dollars ($50.00) per day, and in addition, shall pay all cost and expenses involved in the case; however, the maximum of aggregated fines are not to exceed Five Hundred Dollars ($500.00). Each day such violation continues shall be considered as a separate offense all in accor­dance with Section 1-008.00 of the Code of Ordinances of St. Tammany Parish, Louisiana. (added by Ord. No. 88-992, adopted 10/20/88)

The Director of Permits and Inspections, the Director of Development and all persons appointed as acting inspectors of the Parish of St. Tammany are empowered to serve a citation upon persons charged with violations of any provision contained in this Ordinance or to post a notice of violation at the place of viola­tion. (added by Ord. No. 88-992, adopted 10/20/88)

As used in this Section, the term "citation" shall mean a written or printed notice served upon the person charged with a violation. Such citation shall include, but may not be limited to, the following information:

(1) The name of the person[s] creating the violation or the owner or person in charge of the premises at which the violation occurs.

(2) The date and place of violation.

(3) A short description of the violation followed by the number and Section of the Code of Ordinances of St. Tammany Parish, Louisiana or Supplements thereto and/or the number and Section of the Ordinance provision vio­lated.

(4) The date and place at which the person[s] shall appear and a notice that if the person does not respond to the citation a warrant shall be issued for such person(s) s arrest.

(5) A notice that the person charged may be represented by counsel, that he may plead guilty or not guilty, and that he has a right to a court hearing.

(Ord. No. 88-992, adopted 10/20/88)

Cross Reference: Chapter 14 - Nuisances, Sec. 14-009.00

STATE REFERENCE: LSA R.S. 33:4776, Act No. 388 of the 1988 Louisiana State Legislature.

ARTICLE II ST. TAMMANY PARISH MOSQUITO ABATEMENT DISTRICT   (Return to Table of Contents)

The boundaries of the Mosquito Abatement District are hereby expanded to be coextensive with the boundaries of the Parish of St. Tammany, State of Louisiana, and to comprise and embrace all of the area within the Parish.

(Ord. No. 86-726, adopted 10/16/86, Ord. No. 93-1851, adopted 10/21/93, Ord. 99-3217, adopted 12/16/99, Ord. 01-0254, adopted 02/01/2001; amended Ord. 01-0401, adopted 12/06/2001)

STATE REFERENCE: LSA R.S. 33:7721, Power to create Mosquito Abatement District.

The Mosquito Abatement District herein created is hereby named and shall be known as the "St. Tammany Parish Mosquito Abatement District. Its corporate domicile shall be Slidell, Louisiana, at which domicile it may be sued and serviced of citation made on the Chairman, and in his absence, upon the Director. (Ord. No. 462, Bk. 6, P. 284, amended by Ord. No. 08-1824, adopted 05/01/2008)

The Mosquito Abatement District herein shall be governed by a Board of five (5) members to be known as Commissioners, who shall be qualified electors in the District. There shall be four (4) appointments by the Parish Council. There shall be one (1) member nominated and appointed by the Parish President. Terms of office of the Commissioners shall run concurrent with those of the appointing authorities. (Ord. No. 462, Bk. 6, P. 284; amended by Ord. No. 00-0157, adopted 06/01/2000; amended Ord. 01-0254, adopted 02/01/2001; amended by Ord. No. 08-1824, adopted 05/01/2008)

STATE REFERENCE: LSA R.S. 33:7723, Board Required

The Mosquito Abatement District herein created shall have and enjoy all of the powers, privileges and rights conferred upon such Districts by the Constitution and Laws of the State, and the Parish of St. Tammany. (Ord. No. 462, Bk. 6, P. 284; amended by Ord. No. 08-1824, adopted 05/01/2008)

STATE REFERENCE: LSA R.S. 33:7724 et seq, Powers of Board and District.

Any tower/structure within the St. Tammany Parish Mosquito Abatement District and measuring more than one hundred sixty-five (165) feet in height shall be required to install a light atop said structure in order to identify its location and ensure the safety of all aircraft.

On new structures, a grace period of thirty (30) days, from the date construction is completed, will be allowed for compliance with the lighting requirement.

"Light" shall mean an electric device equivalent to a beacon or similar apparatus to provide sufficient illumination, from dusk to dawn, for aircraft pilots to identify the location and height of such structures.(Ord. No. 97-2711, adopted 08/21/97; amended by Ord. No. 08-1824, adopted 05/01/2008)

ARTICLE III HAZARDOUS SUBSTANCES AND WASTES   (Return to Table of Contents)

EDITORIAL NOTE: Ord. No. 81-269, adopted 09/17/81 was specifically amendatory of the Code of Ordinances by adding provisions desig­nated as 15-41 through 15-52, which provisions were redesignated by the Municipal Code Corp. with the city s [Parish s] permission as 11-31 through 11-35 for purposes of classification.

1. Close Proximity: It is declared that for the purposes of this Article, "close proximity" shall mean a distance of One Thousand (1,000 ft.) feet from the waterline or watermark of any herein designated stream, river or lake, at its highest recorded floodstage or tide, provided further, that any such facility designated in Section hereof shall be prohibited where upon certification by the St. Tammany Parish Engineer, any spill or runoff from such facility can or will gravitate at any time in the future to a stream, river or lake without regard to the distance to be traveled or the anticipated concentration or strength of the substance once it mixes with or enters the waters of any stream, river or lake.
2. Hazardous, Dangerous And/Or Toxic Substances: For the purposes of this Article, "hazardous, dangerous and/or toxic substances" shall be those substances, chemicals, compositions or agents which are identified as any one or combination of the following substances:
   1. Pesticides including insecticides, herbicides, fungi­cides, and rodenticide;
   2. Phenolic compounds;
   3. Polynuclear aromatic hydrocarbons (PAH);
   4. Elements limited to arsenic, cadmium, chromium, lead, mercury, selenium and thallium.

Any such substance which is identified by a trade name, common name or names used to identify a category of such substan­ces, chemicals or agents shall apply to all such substances which have a substantial likeness or similarity in nature and use.

1. Lake, River, Stream: For the purpose of this Article, "lake shall mean any body of water designated or named as a lake on any official maps of the State of Louisiana. "River" shall mean any stream or body of water which has a current flow and designated as a river or bayou on any official map of the State of Louisiana. "Stream" shall mean any body of water, depression or bed whether or not there is a current flow present or water present within its banks, when such stream is identifiable on any official map of the State of Louisiana and the directional course of said stream indicates a discharge of water into any river as defined above or into tributaries of any river.
2. Storage Facility: For the purpose of this Article, "storage facility" is defined as any facility or part of a facility wherein any hazardous, dangerous or toxic substance as herein described comprises or accounts for a substantial part of the business or use of said facility regardless of whether the substance is marketed individually or incorporated into another product. (Ord. No. 81-269, adopted 09/17/81)

(1) To ensure effective enforcement of the herein provisions the St. Tammany Parish Department of Public Works shall have all administrative jurisdiction over the enforcement of this Article regarding review of all plans submitted by applicants and certification thereof.

(2) Any person, firm, company or corporation desiring to construct, use or maintain any facility described herein, where any of the identified chemicals, agents, composi­tions or substances are to be used, stored or transported within the Parish, shall make application to Department of Public Works for review and should said Department decide that the facility is in an area which will not allow any spill or runoff from such facility to gravitate hazardous, dangerous or toxic substances into any designated stream, river or lake, the Engineer shall so certify and upon certifica­tion, such facility can be commenced in construc­tion or use provided same complies with all other laws. All applica­tions for such certification shall be accom­panied by a true and accurate plan of the facility together with a map showing the exact geographical location of the proposed facility and said map shall show all ditches, drains, canals, streams, rivers and lakes within the vicinity of the proposed facility. (Ord. No. 81-269, 09/17/81)

It shall be unlawful for any person, company or corporation to construct, maintain or operate any storage facility, processing plant or facility, wood preservation facility or transportation terminal wherein any hazardous, dangerous and/or toxic substances are to be used as a manufactured substance or chemical, or as a processing or preserving agent in said facilities, or wherein hazardous, dangerous and/or toxic substances are to be stored or transferred, in, upon or in close proximity to any herein desig­nated waterway within the Parish of St. Tammany. (Ord. No. 81-269, adopted 09/17/81)

It shall be unlawful to construct any pipeline within the area defined in Section 11-031.00 above wherein said pipeline is intended to transfer or transport any prohibited hazardous, dangerous and/or toxic substance as designated herein through any area as defined herein. (Ord. No. 81-269, adopted 09/17/81)

1. A violation of any of the provisions of this Article shall constitute a misdemeanor and shall be punishable under Section 1-008.00 of the Code of Ordinances of St. Tammany Parish. For each day a violation occurs, the same shall constitute a separate offense regardless of whether said violation is of a continuing nature.
2. There is also established herein a civil remedy at law separate and apart from any criminal violations herein for the removal of any facility constructed in violation of this Article. The Parish of St. Tammany may petition any court of competent jurisdiction to have any such facility removed at the expense and costs of the owner thereof and any such petition shall not effect nor penalize any prosecution of criminal charges hereunder. (Ord. No. 81-269, adopted 09/17/81)

(a) Any fire protection district and any volunteer fire de­partment shall have the authority to charge any person causing or contributing to a discharge of a hazardous or nonhazardous material or substance the extraordinary expenses of undertaking any remedial actions necessary to contain, abate, clean up, restore, or remove the dis­ch­arge.

(b) The governing authority of any fire protection district assessing charges for remedial costs for actions taken in the cleaning up of any discharge of hazardous or nonhazar­dous material or substance as provided in this Section shall also have the authority to use any reasonable means to collect and enforce the collection of such costs.

(c) The governing authority of any fire protection district shall be entitled to recover the amount of said costs, together with all costs of court and reasonable attorney fees incurred in the enforcement of collection.

(Ord. No. 91-1537, adopted 12/19/91)

STATE REFERENCE: LSA R.S. 33:1974. CROSS REFERENCE: See Article I Chapter 8, Section 8-035.00 for similar provisions.

The St. Tammany Parish Police Jury finds that the surreptitious disposal of hazardous materials, at other than an established site established by the Parish therefor to be regulated by the Depart­ment of Natural Resources constitutes a real danger to the life, health, property and public safety of the citizens of St. Tammany Parish, Louisiana.

The St. Tammany Parish Council recognizes the exclusive jurisdiction of the Louisiana Department of Natural Resources, or its successor, over the generation, transportation and/or disposal of hazardous wastes and that it has pre-empted the field pursuant to the Louisiana Hazardous Waste Control Law, Louisiana Statutes Annotated - Revised Statutes, Section [Title] 30:1131 et seq. (Ord. No. 82-502, adopted 12/16/82)

Hazardous wastes for the purpose hereof shall be any waste or combination of wastes, which because of its quantity, concentra­tion, physical, chemical or infectious character may:

1. Cause or significantly contribute to the mortality or an increase in serious irreversible or incapacitating reversible illness, or
2. Pose a substantial present or potential hazard to human health or the environment.

Same shall include, but are not necessarily limited to con­tainers of phosphorous, chlorine, nerve gas, bacterial or germ canisters, armed forces material designed for military purposes, including mines, bombs, tear gas in quantity, incendiaries, chemicals designed and stored for weed kills, fish kills, or which, if inadvertently deposited in water wells, water systems, rivers, streams or bayous would be dangerous to health or environment, and any others which may be listed presently or from time to time added to the list or register of hazardous wastes or by-products of the Louisiana Department of Natural Resources. (Ord. No. 82-502, adopted 12/16/82)

Pursuant to Louisiana Statutes Annotated - Revised Statutes, Section [Title] 33:1236(31) the Parish Police Jury is vested with the jurisdiction over the initial siting of facilities for the disposal of hazardous wastes and accordingly it is herewith Ordained and declared that presently no such site exists under Parish Ordinance and further that none shall be created hereunder unless by Parish Ordinance and after public hearing. (Ord. No. 82-502, adopted 12/16/82)

It shall be illegal for any entity, corporation, firm, associa­tion or individual to burn or release into the air or water of St. Tammany Parish any of such hazardous wastes or by-products. (Ord. No. 82-502, adopted 12/16/82)

Exempted herefrom shall be any military reservation or National Guard site within the Parish when the storage or use of such products is consonant with the military training and necessary for such training. (Ord. No. 82-502, adopted 12/16/82)

In an emergency the consent and written approval of the Sheriff of St. Tammany Parish and the Director of the St. Tammany Office of Civil Defense (or the Parish Office of Emergency Preparedness, as the case may be) must be first had and obtained so as to provide proper notice and alert to the citizens of St. Tammany Parish. (Ord. No. 82-502, adopted 12/16/82)

Any violation hereof shall constitute a misdemeanor and shall be punishable as is provided in Section 1-008.00 of the Code of Ordinances of St. Tammany Parish, Louisiana. (Ord. No. 82-502, adopted 12/16/82)

1. Disposal means the discharge, deposit, injection, dumping, spilling, leaking or placing of a material into or on any land or water so that such material, or any constituent thereof, may enter the environment or be emitted into the air or discharged into any waters, including groundwaters; or the incineration of any material, so that such material, is emitted into the air.
2. Storage means the containment of any material on a temporary basis.
3. Treatment means any method, technique or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any material, so as to neutralize such material or render it nonhazardous or nontoxic, safer for transport, amenable for recovery or storage, or reduced in volume. The term includes any activity or processing designed to change the physical form or chemical composition of material, to render it nonhazardous or nontoxic.
4. Polychlorinated Biphenyls (PCB and PCB s) are defined for the purpose of this Division as any chemical substance that is limited to the biphenyl molecule that has been chlorinated to varying degrees, or any combination of substances which contain such substances. The terms refer to any chemical substances and combinations of substances that contain greater than fifty (50) ppm (on a dry weight basis) or greater of PCB s and any container, piece of electrical equipment, item or other device or material which either deliberately or unintentionally contains, includes as a part of it, or has been in direct contact with any PCB or PCB s at a concentration of fifty (50) ppm or greater. Any chemical substances and combination of substances that contain less than fifty (50) ppm of PCB s because of any dilution shall be included as PCB and PCB s. Substances that are regulated by this Division include but are not limited to dielectric fluids, contaminated solvents, oils, waste oils, heat transfer fluids, hydraulic fluids, paints, sludges, slurries, dredge spoils, soils, materials contaminated as a result of spills, other chemical substances, or combinations of substances, including impurities and by-products, capacitors, transformers, contaminated containers, and any other contaminated item, device or material.
5. Area Of Special Concern means a school, day care center, nursing home, grain elevator, public building or auditorium, hospital, church or theater.
6. Area Of Special Environmental Concern means a flood hazard area or floodplain, wetland, surface or subsurface drinking water source in the Parish. All land below the ten-foot contour line shall be presumed to be a flood hazard area or wetland.

(Ord. No. 85-381, adopted 14/18/85)

1. No facility for the treatment, storage or disposal of polychlorinated biphenyls may be located in an area of special environmental concern.<
2. No facility for the treatment, storage or disposal of PCB s may be located within one (1) mile of an area of special concern.
3. Any facility for the treatment, storage or disposal of PCB s located over an area of special environmental concern must be isolated from such area by a concrete slab two (2 ft.) feet or more thick with a vertical per­meabili­ty of less than 1 x 10 - 8 cm/sec.
4. Any facility for the treatment, storage or disposal of PCB s shall meet all local regulations and Ordinances applicable to the size and type of structure and the procedures conducted therein, as well as all applicable Federal and State laws and regulations in addition to the provisions of this Division.

(Ord. No. 85-381, adopted 04/18/85)

1. To ensure effective enforcement of the provisions of this Division, the Engineer shall have all administrative jurisdiction over the enforcement of this Division regarding review of all plans submitted by applicants and certification thereof.
2. Any person, firm, company or corporation desiring to construct, use or maintain any facility described herein, wherein any of the identified chemicals, agents, composi­tions or substances are to be used, stored or transported within the Parish shall make application to the Engine­er for review and should such Department decide that the facility is in an area which will not allow any spill or runoff from such facility to gravitate hazardous, danger­ous or toxic substances into any herein designated stream, river or lake, the Engineer shall so certify; and upon certification, such facility can be commenced in construc­tion or use provided that the same complies with all other laws. All applications for such certification shall be accompanied by a true and accurate plan of the facility, together with a map showing the exact geographi­cal location of the proposed facility; and the map shall show all ditches, drains, canals, streams, rivers and lakes within the vicinity of the proposed facility.

(Ord. No. 85-381, adopted 04/18/85)

Any person found by a court of competent jurisdiction to be in violation of this Division shall be fined not more than Five Hundred Dollars ($500.00) and/or imprisoned for not more than six (6) months for each violation. Any corporation, partnership or other legal entity found by a court of competent jurisdiction to be in violation of this Division shall be fined not more than Five Hundred Dollars ($500.00) per violation, and any officers of such a legal entity found by a court of competent jurisdiction to be knowingly in violation of this Division shall be fined not more than Five Hundred Dollars ($500.00) and/or imprisoned for not more than six (6) months for each violation. Each day s violation shall be construed as a separate offense. (Ord. No. 85-381, adopted 04/18/85)

It shall be unlawful for any person, group, company, corporation or organization to apply, use, or incorporate the use of any herbi­cide, including but not limited to, those registered with and/or approved by the U. S. Environmental Protection Agency or the Louisiana Department of Agriculture and Forestry, for the manage­ment, control, eradication or maintenance of weeds, grass, trees, shrubs, foliage, vegetation or other natural growth in any parish right-of-way, ditch, servitude, drainage area, roadside, road shoulder, green area, buffer zone, waterway, neutral ground or median in the unincorporated areas of St. Tammany Parish. (Ord. No. 93-1789, adopted 08/19/93)

CROSS REFERENCE: See also in Sections 15-005.00, .01, .03, and 15-00.05; see also in Sections 20-002.20 through 20-002.03.

a) Herbicide: Any substance, chemical, toxic, element or composi­tion thereof, commonly or professionally known, identi­fied as, or used, for the purpose of destroying, eradicating, eliminating, killing, stunting or preventing weeds or the growth thereof. (Ord. No. 93-1832, adopted 10/21/93)

b) Parish rights-of-way, etc.:

1) Right-of-Way: Any public way, street, road, alley, easement, servitude or access, which was dedicated to or acquired by the Parish to provide means of access to abutting properties; whether paved, improved or unimproved, including those areas dedicated for proposed or future uses.

2) Ditch: Natural or dedicated area which provides for the containment or flow of water from rain or adjacent drainage areas or waterways such as streams, creeks, ponds, lakes or rivers.

3) Servitude: A right-of-way through or across property belong­ing to another.

4) Easement: A designated right to use the property of another for specific purpose, i.e., drainage, utility easement.

5) Drainage Area: Area maintained for the purpose of channeling or prevent­ing accumu­lation of water from surrounding land.

6) Roadside/Road Shoulder: Natural or dedicated areas which are parallel, contiguous to, abut, adjoin, border, edge, connect or approach any public right-of-way, street or highway.

7) Median/Neutral Ground: The area dividing or separating a roadway and not used for right of passage.

(Ord. No. 93-1832, adopted 10/21/93)

CROSS REFERENCE See also in Sections 15-005.00, .01, .03, and 15-00.05; see also in Sections 20-002.20 through 20-002.03.

Exempt herefrom are hand held manual pump sprayers up to a maximum three (3) gallon capacity. (Ord. No. 93-1832, adopted 10/21/93)

CROSS REFERENCE: See also in Sections 15-005.00, .01, .03, and 15-00.05; see also in Sections 20-002.20 through 20-002.03.

A violation of the provisions of this article [Division] shall constitute a misdemeanor and shall be punishable under Section 1-008.00 of the Code of Ordinances of St. Tammany Parish. For each day a violation occurs, the same shall constitute a separate offense regardless of whether said violation is of a continuing nature. (Ord. No. 93-1832, adopted 10/21/93)

CROSS REFERENCE: See also in Sections 15-005.00, .01, .03, and 15-00.05; see also in Sections 20-002.20 through 20-002.03.

ARTICLE IV DISCHARGE OF SEWAGE INTO WATER BODIES OR WITHIN FLOOD PRONE AREAS   (Return to Table of Contents)

Camp: Any structure, floating or foundation-secured, used temporarily or occasionally as a dwelling; not used as a residence.

Flood Prone: Any area which is regularly subject to flooding, as determined by United States Geological Survey or the Corps of Engineers.

Individual Mechanical Plant: Any individual sewage system which employs aerobic bacterial action which is maintained by mechanical aeration.

Individual Sewage System: Any system of piping (excluding building plumbing), treatment device or other facility that conveys, stores, treats or disposes of sewage on the property where it originates, and which utilizes the individual sewage system technology as prescribed in Section 11-072.00, "Permits."

Marine Sanitation Device (MSD): Any device designed for the handling, storage and/or disposal of domestic waste (sewage) generated aboard a vessel or camp.

Permit: A written document issued by the State Health Officer which authorizes the installation, construction and operation of an individual mechanical plant, individual sewage system or marine sanitation device or a modification of the existing system which affects the performance of the system.

Residence: Any structure occupied customarily or most of the time as a dwelling, a place of primary residence.

Secondary Treatment Standard: A sewage affluent water quality standard which prescribes a maximum thirty-day average concentra­tion of biological oxygen demand (five-day) of thirty milligrams per liter (30 mg/l), a maximum seven-day average con­centration of biological oxygen demand (five-day) of forty-five milligrams per liter (45 mg/l), and a maximum daily average concentration of biologi­cal oxygen demand (five-day) of sixty milligrams per liter (60 mg/l). The daily average concentration shall be based on at least three (3) affluent portions collected at time intervals no shorter than one (1) hour each and combined in a flow-weighted composite. The thirty (30) day average, seven-day average, and the daily average are the arithmetic means of the values for all effluent samples collected in each period.

Septic Tank System: Any individual sewage system which consists of a septic tank flowed by an acceptable method of septic tank effluent treatment or disposal. A Conventional Septic Tank System is a septic tank followed by a subsurface absorption field.

Sewage: Human or domestic waste, except household consumer refuse, including conveying liquid from residences, buildings, industrial establishments, or other places, together with such groundwater, surface water, storm water, and other wastes as may be present.

Sewage System: Any or all of the various components, including piping, plumbing, pumping and treatment facilities comprising a system designed for the collection and/or treatment and/or disposal of sewage.

(Ord. No. 84-209, adopted 09/20/84)

CROSS REFERENCE NOTE: See Chapter 21, Article I entitled "Performance Standards for Developments with Central Sewage and/or Water Facilities", Sections 21-001.00 - 21-006.00 of this Code.

All individuals who own, rent, lease, operate or manage any occupied premises, public or private, where people live, work, or congregate in a flood prone area shall provide for sewage disposal in compliance with this Article. The contents or effluent from any water closet, sink, lavatory, bathtub, shower drain, kitchen fixture and/or appliance, laundry fixture and/or appliance, vault, privy, leaching pit, chemical toilet or any personal hygiene fixture or appliance not aforementioned, or septic tank, or from any portion of any individual sewage system shall not be discharged directly or indirectly into any street, gutter, ditch, watercourse, water shed, slough, body of water, or onto the surface of the ground except where appropriate permits have been obtained. (Ord. No. 84-209, adopted 09/20/84)

CROSS REFERENCE NOTE: See Chapter 21, Article I entitled "Performance Standards for Developments with Central Sewage and/or Water Facilities", Sections 21-001.00 - 21-006.00 of this Code.

a) The owner of any property which is situated in a marsh or swamp, or on, over, or contiguous to any river, stream, bayou, lake, or other waterway within or bordering the unincorporated portion of St. Tammany Parish, and on which there is located a residence, camp, or any other structure which is occupied customarily or occasionally as a dwelling, must connect the toilet facilities and other plumbing fixtures within the said residence, camp, or structure to a community-type sewage system where available, or to an individual sewage system specifically approved for the premises by the State Health Officer after determining that connection to a community-type sewage system is not feasible and that the installa­tion and operation of an individual sewage system will not create a nuisance or public health hazard. (Ord. No. 92-1676, adopted 11/19/92)

b) Violation of this section shall constitute a misdemeanor and shall be punishable in accordance with the provisions of Sec. 1-008.00 of this Code of Ordinances.

c) Enforcement of this Section shall be effected only by employees or agents of the Water Services Commission of St. Tammany Parish pursuant to the authority provided in R.S. 33:4064.1 et seq. (Ord. No. 92-1676, adopted 11/19/92)

d) For any existing residence, camp, or other structure subject to the provisions of paragraph a) of this Ordinance, the effective date for enforcement of said provisions shall be July 1, 1993. (Ord. No. 92-1676, adopted 11/19/92)

1. Camps: No person shall install, cause to be in­stalled, materially alter, or operate an individual sewage system of any kind without first having obtained a permit from the State Health Officer. No person shall install, cause to be installed, or materially alter an individual sewage 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 prior to the start of the installation or altera­tion. Any such permit shall be in writing and shall be issued only for marine sanitation devices. Detailed plans and specifications for each installation of an individual sewage system for which a permit is requested shall be submitted in advance for approval to the State Health Officer.
2. Residences: No person shall install, cause to be in­stalled, materially alter, or operate an individual sewage system of any kind without first having obtained a permit from the State Health Officer. No person shall install, cause to be installed, or materially alter an individual sewage 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 prior to the start of the installation or alter­ation. Any such permit shall be in writing and shall not be issued until the property and its surroundings have been inspected and it has been determined that connection to community-type sewage systems is not feasible, and that the condition of the soil, the natural drainage, the estimated population density, and other related factors are such that the construction and use of properly designed individual sewage facilities are not likely to create a nuisance or public health hazard. All permits for residences shall be for secondary sewage treatment only. Detailed plans and specifications for each installation of an individual sewage system for which a permit is requested shall be submitted in advance for approval to the State Health Officer.

(Ord. No. 84-209, adopted 09/20/84)

CROSS REFERENCE: See Chapter 21, Article I entitled "Performance Standards for Developments with Central Sewage and/or Water Facilities", Sections 21-001.00 - 21-006.00 of this Code.

Individual sewage systems shall be kept in service and in a serviceable condition sufficient to ensure compliance with the secondary treatment standard and to avoid creating or contributing to a nuisance to the public. (Ord. No. 84-209, adopted 09/20/84)

CROSS REFERENCE: See Chapter 21, Article I entitled "Performance Standards for Developments with Central Sewage and/or Water Facilities", Sections 21-001.00 - 21-008.00 of this Code.

Enforcement of this Article shall be the responsibility of the Parish Engineering in conjunction with the State Department of Health and Human Resources, the State Department of Environmental Quality and the Parish Health Unit as supportive enforcement activists. (Ord. No. 84-209, adopted 09/20/84)

Any individual, owner of premises and/or installer of sewage system shall both be responsible for violations of this Article and subject to the following penalty provisions:

1. First Offense: One Hundred Dollar ($100.00) fine and thirty-day abatement notice.
2. Second Offense And Each Offense Thereafter: Five Hundred Dollar ($500.00) fine and mandatory thirty-day sentence. Failure to abate within the thirty-day notice shall subject offenders to second offense penalties.

(Ord. No. 84-209, adopted 09/20/84)

CROSS REFERENCE: Chapter 21, Article I, entitled "Performance Standards for Developments with Central Sewage and/or Water Facilities", Sections 21-001.00 - 21-008.00, Code of Ordinances of St. Tammany Parish, Louisiana for Ord. No. 86-630, which stated legislative purpose is "to provide a Parish regulatory vehicle to insure that owner/developers properly install, operate and maintain sewage and water facilities provided in residential, commercial and industrial developments.

STATE REFERENCE : Act No. 934 of the 1986 Louisiana State Legislature being LSA R.S. 33:4064.1 through R.S. 33:4064.6.