Current through Register Vol. 50, No. 9, September 20, 2024
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.
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.
