The commissioner must decide what action to take when pesticide levels in state waters exceed standards or threaten health or the environment, and must adopt rules for how those determinations are made.
§3306. Determinations A. When the commissioner determines that the concentrations of pesticides in any of the waters of the state exceed promulgated federal or state standards, or when the commissioner determines that the concentrations of pesticides in any of the waters of the state pose a threat or reasonable expectation of a threat to human health or to the environment, the commissioner shall determine the appropriate action to be taken under the provisions of this Part. B. The commissioner shall adopt rules to establish procedures for making determinations under the provisions of Subsection A of this Section. C. The determinations made under Subsection A of this Section shall be based on scientific and technical information, including but not limited to information from the following sources or concerning the following subjects: (1) The history of the levels of concentration of the pesticide or pesticides, based on scientifically valid monitoring studies. (2) The gravity of the threat to human health or to the environment. (3) Standards for contamination levels promulgated by appropriate governmental agencies. (4) Information published or made available by appropriate governmental agencies. (5) Information published or made available by pesticide manufacturers. (6) Information published or made available by institutions of higher education. (7) The availability of alternative pesticides. (8) The availability of alternative methods of application of the pesticide. (9) The economic impact of limiting, restricting, or prohibiting the use of the pesticide. (10) The purpose or purposes for which the affected waters are used. (11) Other criteria established by the commissioner by rule. Added by Acts 1988, No. 349, §1.