Louisiana Revised Statutes 30:2075.3 – Receivership for sewerage systems
Terms Used In Louisiana Revised Statutes 30:2075.3
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: means any individual, municipality, public or private corporation, partnership, firm, the United States Government, and any agent or subdivision thereof or any other juridical person, which shall include, but not be limited to, trusts, joint stock companies, associations, the state of Louisiana, political subdivisions of the state of Louisiana, commissions, and interstate bodies. See Louisiana Revised Statutes 30:2004
- Public sanitary sewerage system: means a privately or publicly owned system intended to provide for the collection, conveyance, or treatment of waste water and other sewage for the public or such facilities owned by the public, if the system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year. See Louisiana Revised Statutes 30:2073
- Secretary: means the secretary of the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A.(1) In any civil action brought against the owner or operator of a public sanitary sewerage system to enforce the requirements of this Subtitle or rules promulgated pursuant thereto, the court may, on its own motion or upon application of the secretary, appoint a receiver to collect the assets of the public sanitary sewerage system, collect any records relating to the current operation and users of the public sanitary sewerage system, operate and maintain the public sanitary sewerage system, and to otherwise assist the court in adjudicating the issues before the court. Application by the secretary shall not be subject to any bond requirement.
(2) The court shall place the public sanitary sewerage system in receivership upon finding any of the following:
(a) The system has been abandoned by the operator and no provisions have been made for the continued operation of the system by a qualified operator, or for providing the sewerage system’s users with another system to collect, convey, or treat sewerage emanating from the users’ facilities.
(b) Service by the system to its users has ceased, or cessation of such service is imminent.
(c) The operator of the system has failed or refused to comply with an emergency order issued pursuant to La. Rev. Stat. 30:2025(C)(1) or La. Rev. Stat. 30:2050.8 within twenty-four hours of notice of such order.
(d) Such other circumstances that indicate that receivership is necessary to ensure uninterrupted sewage treatment or protection of public health or the environment.
(e) The operator of the system has failed to provide or maintain a bond or other financial security, when required by La. Rev. Stat. 30:2075.2.
(3)(a) The court may, on ex parte application of the secretary, pending trial, do the following:
(i) Appoint a temporary receiver with the same bond requirements as for a receiver.
(ii) Enjoin the owner and the operator of the system, and their agents, officers, or assigns, from interfering with the takeover of the system and its operation by the temporary receiver.
(iii) Order the owner and the operator of the system to provide to the temporary receiver the names and addresses of the system’s customer, and the rates approved by the Public Service Commission.
(iv) Order and direct customers of the system to make payments for using the system directly to the temporary receiver.
(b) The court may continue the above orders upon the appointment of a receiver.
(4) The temporary receiver and the receiver shall have the powers set forth in La. Rev. Stat. 12:152(B) applied mutatis mutandis to the operation and business of the public sanitary sewerage system that is the subject of the receivership.
(5) The receiver, if a private person, shall execute a bond to assure the proper performance of the receiver’s duties in an amount to be set by the court.
(6) The receiver, if a political subdivision that currently owns or operates a sanitary sewerage system, or if a local governmental subdivision, may be appointed by the court without any bond requirement.
(7) The receiver shall maintain separate financial records showing the income and expenses of the system and provide the court and the system’s owner or operator with same and an accurate statement of the condition of the system periodically as required by the court. The court may require an independent audit of such financial statements.
(8) The receiver shall carry out the orders specified and directed by the court until discharged.
(9) The court may dissolve the receivership upon a showing of good cause by the defendant, the receiver, or the secretary.
Acts 1997, No. 1461, §1; Acts 1999, No. 348, §1, eff. June 16, 1999; Acts 1999, No. 399, §1.