La. Admin. Code tit. 51 § IX-105

Current through Register Vol. 50, No. 11, November 20, 2024

Section IX-105 - Sanitary Surveys of Growing Areas-Satisfactory Compliance [formerly paragraph 9:002-2]

A. This item will be satisfied when the following requirements are met.

1. Before an area is classified as approved, conditionally approved, or restricted, a sanitary survey shall be completed. The survey is a report completed prior to allowing harvesting from the area.

2. Each sanitary survey report shall identify and evaluate all actual and potential sources of pollution which may affect the growing area; determine the distance of such sources to the growing area; assess the effectiveness and reliability of sewage treatment systems; and ascertain the presence of poisonous or deleterious substances, e.g., industrial, and agricultural wastes, pesticides or radionuclides. The presence and location of small sources of pollution such as boats which might contribute direct fresh fecal matter and poisonous or deleterious substances to the area shall be evaluated. The presence of domestic, wild animal, or migrating bird populations shall be considered for possible adverse effects upon water quality. Offshore growing areas located in the vicinity of ocean dump sites shall be evaluated for biological and chemical wastes and radiological materials. Other environmental health factors that may affect the quality of the shellfish resources should also be evaluated in the sanitary survey report.

3. Each sanitary survey report shall evaluate any meteorological and hydrodynamic effects and geographic characteristics that may affect the distribution of pollutants over the growing area. These factors shall be assessed to determine their maximum effect on water quality.

4. Each sanitary survey report shall include the collection of growing area water samples and their analysis for bacteriological quality. The number and location of sampling stations selected shall be adequate to produce the data necessary to effectively evaluate all point and non-point pollution sources. Recommended that sampling stations shall be established to evaluate all freshwater discharges into the growing area. The collection of samples shall form a profile reflecting adverse meteorological, hydrographic, seasonal, and point source, and geographic pollution conditions to assure the requirements for classifying growing areas as approved (§109), conditionally approved (§111), or restricted (§113) are met.

5. The sanitary survey shall be maintained on an annual basis in order to assure that data is current and sanitary conditions are unchanged. If actual or potential pollution sources impact upon the area, it is necessary to annually update sanitary survey data including the field review of pollution sources and the collection of at least five water quality samples from each stations selected to accurately represent shellfish sanitation in the area under consideration.

6. The sanitary survey shall be reviewed and the growing area classification reevaluated at least every three years to assure the accurate classification of each growing area. The reevaluation shall include, at a minimum, an examination of the Oyster Water Monitoring Program's bacteriological database of at least the last five prior years. The minimum number of samples required within the five-year database is 15. For a harvesting area to be classified as approved, the requirements of §109 must be met. For a harvesting area to be classified as conditionally approved, the requirement of §111 must be met. For an area to be classified as restricted, the requirements of §113 shall be met.

7. A report shall be prepared for each sanitary survey and each reevaluation. Reports shall contain an analysis of the sanitary survey data, and a determination that the area classification conforms with the applicable criteria.

8. Areas classified as approved, conditionally approved, or restricted that do not comply with the sanitary requirements of the designated classification shall be immediately reclassified to the appropriate category.

9. The central sanitary survey file shall contain all information related to the classification of each area including sanitary survey reports, updated sanitary survey data, and reevaluation reports.

La. Admin. Code tit. 51, § IX-105

Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:1292 (June 2002), Amended by the Department of Health, Office of Public Health, LR 481846 (7/1/2022), Amended LR 482134 (8/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:4.A.(1), R.S. 40:5.A(2)(3)(5)(7)(9)(15)(17)(19)(20) and R.S. 40:5.3.