Finalized in 1989, the Total Coliform Rule (TCR) was designed to protect public
health against microbial contamination in finished drinking water through the detection of total
coliforms and fecal coliforms or E. coli in routine monitoring. While total coliform bacteria are not
pathogens, they were thought to be indicators of potential contamination of the water supply
through inadequate disinfection or breach of the system. The TCR is up for revision and one
aspect that needs amending is the requirement that total coliform positive samples, with no
evidence of fecal coliform or E. coli, trigger an MCL violation and public notification. When a utility or the health department suspects an unsafe
water situation, a boil water advisory is issued and the public is alerted immediately; a TCR
violation does not rise to this level. Four class action lawsuits for TCR violations have been filed
and are proceeding through the state court system in Louisiana. Two of these lawsuits are
discussed in greater detail in this paper; one has been decided, a second is pending trial, and two have not
moved beyond the filing step.
Two of the water districts involved, Ward II Water in Baton Rouge and Water District 5 in Lake
Charles, had monthly MCL violations based on >1 TC positive sample because they collect <40
samples/month. Repeat samples were negative for TC and there is no indication in either
system that the TC positive was anything other than a random event. There was no reported
increase in gastrointestinal disease, school or work absenteeism, emergency room or doctor
visits, or other factors associated with a waterborne disease outbreak. Plaintiffs' lawyers
published ads in newspapers and went door-to-door to gather >3000 individuals in each lawsuit
claiming health effects based on the public notification language. While the plaintiffs' claims
seem weak, defending these lawsuits has been very expensive for these small systems. The two cases that have proceeded to court are: Schumate et al vs Ward II Water District
(W2W), and Edwards and Abney vs Calcasieu Parish Police Jury and District No. 5 Ward 3
(CPPJ). Both are class action lawsuits with ~3000 plaintiffs. This paper summarizes these two cases.
| Edition : | Vol. - No. |
| File Size : | 1
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| Number of Pages : | 3 |
| Published : | 11/01/2007 |
