State: PJ not authorized to adjust law

A representative from the state told the police jury Wednesday that the parish is not authorized to allow exemption from state law.

Louisiana Department of Public Health Regional Director Dane Thibodeaux attended the Jeff Davis Police Jury meeting Wednesday to address a request for an exemption on a state law around the size requirements on a septic system for a potential coffee shop in the Lacassine area.

The owners of the Louisiana Spirits facility are considering opening a coffee shop in the historic home located next to the business. In late October, visitor center manager Adam Carter requested the approval of an exception for a state-mandated septic system requirement by Jeff Davis Police Jurors Wednesday.

“We are asking for an exception or even a grace period,” Carter said. “The parish is asking us to install a massive septic system for a operation of this size. The inspector said there is no problem with giving us the permit if the police jury approves.”

Police jury attorney David Bruchhaus said in October that because it is a state requirement, the jury would have to introduce a resolution allowing for the exception pending state approval. However, Thibodeaux told the jurors Wednesday night that they do not have the authority to approve the exemption request from Bayou Rum to adjust the size of the septic system.

Thibodeaux explained that while parish law governs plumbing and grease trap requirements, the sewer system is under the authority of the state.

“There is no authority for the police jury to give a variance to a state law,” Thibodeaux said. “There are some cases where a parish can enact stricter laws than the state code requires in the interest of public health, but you can’t lessen the state code minimum requirements.”

Currently the sewer system in place at the historic home has a capacity of 500 gallons per day (GDP), Carter said. Currently the rum distillery place uses a tank with a capacity of 3,500 GDP. The threshold goes up to 2,500 GDP for anything with more than 20 occupants, Carter said.

There is no authority for the police jury to give a variance to a state law.”
– Regional Health Director Dane Thibodeaux

Thibodeaux said that the food waste from the coffee shop would include more than just coffee and water.

“There is more to it than this,” Thibodeaux said. “Nowadays it is not just coffee, many places use caramel, cream and other dairy. Fats and sugars can cause a lot of problems such as clogged lines and can back up the sewer system and make it hard for us to treat. The grease trap is in place to keep the grease from commingling with the waste in the sewer system.”

Thibodeaux said that the size requirements could be adjusted by the state if the capacity or other criteria change for the coffee shop.

“The last thing we want to do is handcuff someone,” Thibodeaux said. “When they started, the requirement was over 3,000 gallons and now it is down below 1,500 gallons. We can use commercial control valves to tweak the system if necessary. We would be doing Bayou Rum a big disservice by allowing the variance. They are going to have to be tested by the Department of Environmental Quality and if they bust their limits, they will have to pay some penalties.”