15A NCAC 02B .0221      TIDAL SALT WATER QUALITY STANDARDS FOR CLASS SA WATERS

In addition to the standards set forth in Rules .0220 and .0222 of this Section, the following water quality standards shall apply to tidal surface waters that are used for shellfishing for market purposes and that are classified SA.

(1)           The best usage of waters classified as SA shall be shellfishing for market purposes and any other usage specified by the "SB" or "SC" classification;

(2)           The best usage of waters classified as SA shall be maintained as specified in this Rule. In determining the safety or suitability of Class SA waters to be used for shellfishing for market purposes, the Commission shall consider the existing water quality of the area in relation to the standards to protect shellfishing uses, the potential contamination of the area from both point and nonpoint sources of pollution, and the presence of harvestable quantities of shellfish or the potential for the area to have harvestable quantities through management efforts of the Division of Marine Fisheries. Waters shall meet the current sanitary and bacteriological standards in 15A NCAC 18A .0400, which is hereby incorporated by reference, as adopted by the Commission for Public Health and shall be suitable for shellfish culture. Any source of water pollution that precludes any of these uses, on either a short‑term or a long‑term basis shall be deemed to violate a water quality standard. Waters shall not be classified SA without the written concurrence of the Division of Marine Fisheries.

(3)           The following water quality standards shall apply to Class SA Waters:

(a)           Floating solids, settleable solids, or sludge deposits: none attributable to sewage, industrial wastes, or other wastes;

(b)           Sewage: none;

(c)           Industrial wastes or other wastes shall not be allowed unless they are treated in accordance with the permit or other requirements established by the Division pursuant to G.S. 143-215.1; and

(d)           Organisms of the fecal coliform group shall meet the bacteriological standards in 15A NCAC 18A .0431(4).

History Note:        Authority G.S. 143‑214.1; 143‑215.3(a)(1);

Eff. October 1, 1995;

Amended Eff. May 1, 2007;

Readopted Eff. November 1, 2019.