15A NCAC 02B .0222      TIDAL SALT WATER QUALITY STANDARDS FOR CLASS SB WATERS

In addition to the standards set forth in Rule .0220 of this Section, the following water quality standards shall apply to tidal surface waters that are used for primary contact recreation as defined in Rule .0202 of this Section and that are classified SB.

(1)           The best usage of waters classified as SB shall be primary contact recreation and any other usage specified by the "SC" classification;

(2)           The best usage of waters classified as SB shall be maintained as specified in this Rule. In assigning the SB classification to waters intended for primary contact recreation, the Commission shall consider the relative proximity of sources of water pollution and the potential hazards involved in locating swimming areas close to sources of water pollution, and shall not assign this classification to waters in which such water pollution could result in a hazard to public health. The waters shall meet accepted sanitary standards of water quality for outdoor bathing places as specified in Item (3) of this Rule and shall be of sufficient size and depth for primary contact recreation purposes. 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.

(3)           The following water quality standards shall apply to Class SB waters:

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

(b)           Sewage, industrial wastes, or other wastes: none shall be allowed that are not treated to the satisfaction of the Commission. In determining the degree of treatment required for such waters discharged into waters that are to be used for bathing, the Commission shall consider the quantity and quality of the sewage and other wastes involved and the proximity of such discharges to the waters in this class. Discharges in the immediate vicinity of bathing areas shall not be allowed if the Director determines that the waste cannot be treated to ensure the protection of primary contact recreation;

(c)           Enterococcus, including Enterococcus faecalis, Enterococcus faecium, Enterococcus avium and Enterococcus gallinarium: not exceed a geometric mean of 35 enterococci per 100 ml based upon a minimum of five samples taken over a 30-day period. In accordance with Clean Water Act, 33 U.S.C. 1313 for the purposes of beach monitoring and notification, "Coastal Recreation Waters Monitoring, Evaluation and Notification" regulations (15A NCAC 18A .3400) are incorporated by reference including subsequent amendments and editions.

(4)           Wastewater discharges to waters classified as SB shall meet the reliability requirements specified in 15A NCAC 02H .0124. Discharges to waters where a primary contact recreational use is determined by the Director to be attainable shall be required to meet water quality standards and reliability requirements to protect this use concurrently with reclassification efforts.

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.