Current through Register Vol. 50, No. 9, September 20, 2024
A. Containment.
At the earliest possible time, the director shall direct and supervise efforts
to accomplish the containment of the emergency.
B. Identification of Pesticide. The pesticide
or pesticides involved in the emergency shall be identified. Efforts to
identify the pesticide(s) shall include, but not be limited to the following:
1. labels of containers of the pesticides or
other substances involved shall be consulted;
2. the point source or non-point source shall
be investigated and if determined, the relevant records and storage areas of
that source examined;
3. all
emergency reports shall be reviewed by the director's staff;
4. if indicated, an investigation shall be
made relative to any recalled, suspended or canceled pesticides;
5. samples shall be obtained at the earliest
possible time and analyzed in accordance with procedures approved by the
Association of Official Analytical Chemists and/or other methods approved by
the U.S. Environmental Protection Agency.
C. Reporting Requirements. If it is
reasonably believed that a pesticide emergency has taken place, all appropriate
requirements for reporting to the department shall be complied with, according
to §2903
D. Investigation. In
investigating any possible or known pesticide emergencies, the following
information shall be sought and recorded:
1.
the date, time and location of the incident;
2. the date and time the incident was
reported to the department;
3. the
department employee receiving the report;
4. from whom the report was
received;
5. who initiated the
investigation, along with the date, time and place the investigation was
initiated;
6. the identity and
location of any witness(es);
7. the
time, place and circumstances under which each witness' statement was taken and
whether such statement was confirmed;
8. the time, description and location of any
samples taken;
9. the time,
description and location of any other physical evidence; and
10. any information obtained, including that
obtained through the inspection of records relevant to causation, identity of
pesticide, containment, clean-up, and disposal.
E. Remediation
1. At the earliest possible time, the
director shall develop a written plan for clean-up and disposal of pesticide
waste as necessary to accomplish remediation of the emergency. In developing
said plan, the director shall consider at a minimum, the following information
if ascertainable:
a. the location of the land
where the pesticide(s) was applied;
b. the year, month, date and time the
pesticide(s) was applied;
c. the
product name(s) used on the registered label, and the scientific
name(s);
d. the inert ingredients
contained in the pesticide(s);
e.
the United States Environmental Protection Agency and state registration
numbers of the pesticide(s) that were applied;
f. the crop and site to which the
pesticide(s) was applied;
g. the
amount of pesticide(s) applied per acre, or other appropriate
measure;
h. the concentration of
pesticide(s) that was applied as well as concentrations in the soil and water
to indicate extent of contamination;
i. the applicator's business name, if
any;
j. the applicator's name,
address, and telephone number;
k.
if applied aerially, the direction and velocity of the wind at the time the
pesticide(s) were applied; and
l.
possible hazards to human health that may result from the release considering
both direct and indirect effects of the pesticide(s) application.
2. The director shall issue
appropriate remedial orders as are necessary to accomplish the plan for
clean-up and disposal.
F. Health Related Complaints. Any complaint
involving a health-related emergency shall be handled according to the
agreement entered into between the department and the Louisiana Department of
Health and Hospitals.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
3:3203(A).
