La. Admin. Code tit. 51 § IX-115
Current through Register Vol. 50, No. 11, November 20, 2024
Section IX-115 - Prohibited Areas-Satisfactory Compliance [formerly paragraph 9:002-7]A. Louisiana state shellfish growing water areas shall be classified as prohibited if:1. no current sanitary survey exists; or2. sanitary survey determines a. the growing area is adjacent to a sewage treatment plant outfall or other point source of outfall with public health significance;b. pollution sources may unpredictably contaminate the growing area;c. the growing area is contaminated with fecal waste so that the shellfish may be vectors for disease microorganisms;d. the concentration of biotoxin is sufficient to cause a public health risk; ore. the area is contaminated with poisonous or deleterious substances cause the shellfish to be adulterated; or3. risk assessment determines shellstock are not safe for human consumption; or4. wastewater discharges are adjacent to sewage treatment plant outfall or any other point source outfall of public health significance. The determination of the size of the area to be classified as prohibited adjacent to each outfall shall include the following: a. the volume flow rate, location of discharge, performance of the wastewater treatment plant and the microbiological quality of the effluent;b. the decay rate of the contaminants of public health significance in the wastewater discharged;c. the wastewater's dispersion and dilution, and the time of waste transport to the area where shellstock may be harvested; andd. the location of the shellfish resources, classification of adjacent waters and identifiable landmarks or boundaries.B. No shellfish shall be taken from prohibited areas for human food use unless it is seed to be cultured in accordance with aquaculture requirements.La. Admin. Code tit. 51, § IX-115
Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:1294 (June 2002), Amended LR 481847 (7/1/2022), Amended LR 482136 (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.