15A NCAC 18A .0906      RESTRICTED AREAS

(a)  Shellfish growing waters may be classified as restricted if:

(1)           a sanitary survey indicates there are no significant point sources of pollution; and

(2)           levels of fecal pollution, human pathogens, or poisonous or deleterious substances are at such levels that shellstock can be made safe for human consumption by either relaying or depuration.

(b)  Relaying of shellfish shall be conducted in accordance with all applicable rules, including 15A NCAC 03K and 15A NCAC 18A .0300.

(c)  Depuration of shellfish shall be conducted in accordance with all applicable rules, including 15A NCAC 03K and 15A NCAC 18A .0300 and .0700.

(d)  For shellfish growing waters classified as restricted and used as a source of shellstock for depuration, the microbiological survey, as set forth in Rule .0903(c)(3) of this Section, shall indicate the bacteriological water quality does not exceed the following standards based on results generated using the systematic random sampling strategy:

(1)           a median fecal coliform most probable number (MPN) or geometric mean MPN of 88 per 100 milliliters;

(2)           a median fecal coliform colony-forming units (CFU) or geometric mean CFU of 88 per 100 milliliters;

(3)           an estimated 90^th percentile of 260 MPN per 100 milliliters for a five-tube decimal dilution test; or

(4)           an estimated 90^th percentile of 163 CFU per 100 milliliters for a membrane filter membrane-Thermotolerant Escherichia coli (mTEC) test.

History Note:        Authority G.S. 113-134; 113-182; 113-221.2; 143B-289.52;

Eff. June 1, 1989;

Readopted Eff. May 1, 2021.