La. Admin. Code tit. 7 § XXIII-2907

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

Section XXIII-2907 - Response to Emergency

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.

La. Admin. Code tit. 7, § XXIII-2907

Promulgated by the Department of Agriculture and Forestry, Agricultural and Environmental Sciences, LR 18:247 (March 1992), amended LR 20:641 (June 1994), amended by Department of Agriculture and Forestry, Office of Agricultural and Environmental Sciences, Advisory Commission on Pesticides, LR 37:3486 (December 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:3203(A).