Louisiana Revised Statutes 3:3308 – Orders and communications
Terms Used In Louisiana Revised Statutes 3:3308
- Appropriate governmental agency: means any federal, state, or local agency which has jurisdiction over or expertise in the subject matter affected by this Part and includes but is not limited to the United States Department of Agriculture, the United States Environmental Protection Agency, the United States Geological Survey, the Department of Environmental Quality, the Louisiana Department of Health, the Department of Energy and Natural Resources, the Department of Wildlife and Fisheries, and the Department of Transportation and Development. See Louisiana Revised Statutes 3:3302
- Person: means an individual or any legal or commercial entity, including a corporation, business trust, partnership, limited liability company, association, or joint venture. See Louisiana Revised Statutes 3:1
- Waters of the state: means both the surface and the underground waters within the state of Louisiana including all rivers, streams, lakes, ground waters, and all other water courses and waters within the confines of the state, and all bordering waters and the Gulf of Mexico. See Louisiana Revised Statutes 3:3302
When the commissioner makes a determination under the provisions of La. Rev. Stat. 3:3306, the commissioner may take one or more of the following actions:
(1) The commissioner may issue appropriate protective orders to mitigate the further contribution to the accumulation of the pesticide or pesticides. The protective order may limit, restrict, or prohibit any application of a pesticide in the area where the application of the pesticide would contribute to the accumulation of the pesticide or pesticides.
(2) The commissioner may participate in issuing remedial orders directing any responsible person to take prompt remedial action to correct any situation in which any substance, action, or condition has caused or is causing any waters of the state to be affected. Each remedial order shall be issued in accordance with a cooperative agreement with the appropriate governmental agency entered into under the provisions of this Part.
(3) The commissioner may communicate his determination to any appropriate governmental agency.
(4) The commissioner may participate in issuing a public communication concerning the determination. Each public communication shall be issued in accordance with a cooperative agreement with the appropriate governmental agency entered into under the provisions of this Part.
Added by Acts 1988, No. 349, §1.