1. A. When the commissioner has determined that there is a presence of pesticide wastes and that the pesticide wastes do not exceed promulgated federal or state standards, or when the commissioner determines that the concentrations of pesticides do not pose a threat or reasonable expectation of a threat to human health or to the environment, the commissioner may take one or more of the following actions:

   1. 1. issue appropriate orders to provide for proper disposal;
   2. 2. take such other action as the commissioner deems appropriate under circumstances.

2. B. When the commissioner has determined that there is a presence of pesticide wastes and that the pesticide wastes exceed promulgated federal or state standards, or when the commissioner determines that the concentrations of pesticides pose a threat or reasonable expectation of a threat to human health or to the environment, the commissioner may take one or more of the following actions:

   1. 1. issue appropriate protective orders to mitigate the further contribution to the accumulation of the pesticide or pesticide wastes;
   2. 2. issue remedial orders directing prompt remedial action to correct the offending situation;
   3. 3. communicate his determination to any appropriate governmental agency;
   4. 4. participate in issuing a public communication concerning the determination. Where a cooperative agreement exists, each public communication shall be issued in accordance with same;
   5. 5. take such other action as the commissioner deems appropriate under circumstances.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:3203 and R.S. 3:3271.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Agriculture and Forestry, Office of Agricultural and Environmental Science, LR 19:610 (May 1993), amended LR 19:1120 (September 1993), repromulgated by Department of Agriculture and Forestry, Office of Agricultural and Environmental Sciences, Advisory Commission on Pesticides, LR 37:3489 (December 2011).