La. Admin. Code tit. 51 § IX-111

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

Section IX-111 - Conditionally Approved Areas-Satisfactory Compliance [formerly paragraph 9:002-5]

A. Growing areas that are subject to intermittent micro-biological pollution may be classified as conditionally approved. Shellfish growing areas that are subject to intermittent microbiological pollution may, at the discretion of the state health officer, be classified as conditionally approved when:

1. the factors, environmental and otherwise, which affect a growing area are known and predictable;

2. a current sanitary survey is on file with the Molluscan Shellfish Program;

3. data review of the factors indicates the area will meet approved area criteria;

4. statistical analysis shows the area to meet approved area classification under regulated factors;

5. statistical analysis shows the factor(s) to be a significant contributor to the microbiological pollution event.

B. If the growing area meets the requirements specified in §111. A 1-5, a conditional management plan will be developed. The conditional management plan will include, at a minimum, the following:

1. definition of the growing area by use of a map or verbal description. When a verbal description is used, a map will be included as part of the conditional management plan;

2. an evaluation of each known or potential source of pollution which may have a direct or indirect impact on the growing area as defined in §111. B 1;

3. criteria for opening and closing the defined area;

4. a patrol system to prevent illegal harvesting of shellfish;

5. an alert system for immediately notifying the Louisiana Department of Health and Hospitals, Office of Public Health and the Louisiana Department of Wildlife and Fisheries of an adverse change in the environmental conditions;

6. specified performance factors for the defined conditionally approved area;

7. random sampling schedule to ensure a cross section of all environmental and other factors are examined.

C. A conditionally approved area will be immediately closed to shellfish harvesting when the established criteria in the conditional management plan are not met. The management area will remain closed until:

1. the criteria established in the management plan area fully met;

2. a time period has elapsed to allow the natural depuration of the shellfish;

3. when determined as necessary by the state health officer, bacteriological and/or chemical analysis to verify shellfish growing water and/or shellfish meat quality.

D. If the proposed conditionally approved area is affected by a waste water discharge, the following will be included within the conditional management plan:

1. performance standards which, if not adhered to, represent a pollution threat to the management area;

2. effluent volume at average and peak flow;

3. identification of factors which cause plant failures;

4. an established reporting procedure of discharge failure;

5. an established monthly reporting procedure of discharge parameters;

6. the establishment of an immediate reporting procedure in the event of facility or collection system by-pass.

E. Reevaluation of Conditional Classification

1. The classification shall be reevaluated at least once each year. The reevaluation shall include:

a. evaluation of compliance with the management plan;

b. determination of adequacy of reporting of failure to meet performance standards;

c. review of cooperation of all parties involved;

d. evaluation of water quality in the growing area with respect to the bacteriological standards for its classification;

e. field inspection of critical pollution sources, where necessary; and

f. written findings, evaluations, and recommendations.

F. The purpose of the conditional management plan will be agreed upon by the Louisiana Department of Health and Hospitals and the Louisiana Department of Wildlife and Fisheries.

G. A conditional management plan will not become effective until the order establishing the conditional management area has been signed by:

1. the Louisiana State Health Officer;

2. the Secretary, Louisiana Department of Health and Hospitals; and

3. the Secretary, Louisiana Department of Wildlife and Fisheries. Such a statement will be included in all conditional management plans when the plan is being prepared or upon the review/reevaluation of the management plan. In the event the last signature is obtained after the stated effective date of the management plan, the conditional management plan will become effective seven days after the latest signature affixed to the order.

La. Admin. Code tit. 51, § IX-111

Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:1293 (June 2002), Amended LR 481847 (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.