La. Admin. Code tit. 51 § IX-107

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

Section IX-107 - Classification of Growing Areas-Satisfactory Compliance [formerly paragraph 9:002-3]

A. This item will be satisfied when:

1. all actual and potential shellfish growing areas in the state of Louisiana are correctly designated with one of the following classifications on the basis of sanitary survey information: approved, conditionally approved, restricted or prohibited. Unclassified areas are managed as prohibited;

2. an area classified as prohibited will be established adjacent to all identified actual or potential pollution discharges, including sewage treatment plants outfall, which have a direct or indirect impact and, which have been determined to be of a significant nature in the growing area;

a. the determination of the size of the area to be classified as prohibited adjacent to each outfall shall including the following minimum criteria:

i. the volume flow rate, location of discharge, performance of the wastewater treatment plant and microbial quality of the effluent;

ii. the decay rate of the contaminants of public health significance in the wastewater discharge;

iii. the wastewater's dispersion and dilution, and the time of waste transport to the area where shellstock may be harvested; and

iv. the location of shellstock resources, classification of adjacent waters and identifiable landmarks and boundaries.

3. an upward revision of an area classification shall be supported by an adequate sanitary survey report. This report shall include a written analysis of the data and shall be part of the growing area central file. The reopening of an area temporarily closed because of an emergency, the failure to meet the performance standards for a conditional area, or the presence of biotoxins shall be supported by appropriate data showing that the original classification criteria are met, and documented by a written record in the central file of the Molluscan Shellfish Program, Office of Public Health, Department of Health;

4. maps showing the boundaries and classification of each shellfish growing area are maintained in the central file by the Molluscan Shellfish Program, Office of Public Health, Department of Health;

5. maps showing the boundaries and status (opened or closed) of each shellfish growing area are posted at designated locations. These locations are listed in the Louisiana Register, Vol. 13, pages 413-415.

La. Admin. Code tit. 51, § IX-107

Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:1292 (June 2002), Amended LR 481846 (7/1/2022), Amended LR 482135 (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.