SECTION .3400 - COASTAL RECREATIONAL WATERS MONITORING, EVALUATION, AND NOTIFICATION

15A NCAC 18A .3401      DEFINITIONS (Effective April 1, 2021)

The following definitions shall apply to this Section:

(1)           "Division" means the Division of Marine Fisheries or its authorized agent.

(2)           "Enterococcus" means a gram positive coccoid-shaped bacteria that is found in the intestinal tracts of warm-blooded animals that include Enterococcus faecalis, Enterococcus faecium, Enterococcus avium, and Enterococcus gallinarium.

(3)           "Geometric mean" means the mean of "n" positive numbers obtained by taking the "n^th" root of the product of the numbers with at least five samples collected within a 30-day period.

(4)           "Pending swimming advisory" means a notification to the public that recommends no primary contact with the water in a designated swimming area when bacteriological limits are exceeded, but does not close a swimming area to the public. A pending swimming advisory shall include a public notification via social media release to notify the public of the risks of swimming in the area. A pending swimming advisory shall be followed by a resample that will determine if a swimming advisory will be issued.

(5)           "Point source discharge" means the discharge of liquids through a pipe, drain, ditch, or other conveyance into a swimming area.

(6)           "Primary contact" means an activity in water in which a person's head is partially or completely submerged.

(7)           "Resample" means a water sample that is collected by the Division of Marine Fisheries or its authorized agent after the results of the initial water sample collected are processed by the Division and the results are analyzed by the Division.

(8)           "Storm water discharge" means any natural or manmade conveyance of rainwater or the resultant runoff into coastal recreational waters.

(9)           "Swimming advisory" means a notification to the public that recommends no primary contact with the water in a designated swimming area when bacteriological limits are exceeded, but does not close a swimming area to the public. A swimming advisory shall include a sign posted at the site of the advisory and a public notification via social media and news release to notify the public of the risks of swimming in the area.

(10)         "Swimming area" means a coastal recreation area that is used for primary contact located within waters classified by the Division of Water Resources as SC, SA, or SB as set forth in 15A NCAC 02B .0220 through .0222, and is hereby incorporated by reference including subsequent amendments.

(11)         "Swimming season" means from April 1 through October 31 of each year.

(12)         "Tier I swimming area" means a swimming area used daily during the swimming season, including all oceanfront beaches that are monitored by the Division.

(13)         "Tier II swimming area" means a swimming area that is not used daily during the swimming season.

History Note:        Authority G.S. 113-134; 113-221.3; 143B-289.52;

Eff. February 1, 2004;

Readopted Eff. April 1, 2021.

15A NCAC 18A .3401      DEFINITIONS (Effective Until March 31, 2021)

The following definitions shall apply throughout Section 18A .3400 of this Subchapter:

(1)           "Enterococcus" means a gram positive coccoid-shaped bacteria that is found in the intestinal tracts of warm-blooded animals that include Enterococcus faecalis, Enterococcus faecium, Enterococcus avium, and Enterococcus gallinarium.

(2)           "Geometric mean" means the mean of "n" positive numbers obtained by taking the "n"^th root of the product of the numbers with at least five samples collected within a 30 day period.

(3)           "Point source discharge'" means the discharge of liquids through a pipe, drain, ditch or other conveyance into a swimming area.

(4)           "Primary contact" means an activity in water in which a person's head is partially or completely submerged.

(5)           "Storm water discharge" means any natural or manmade conveyance of rainwater or the resultant runoff into recreational waters.

(6)           "Swimming advisory" means a notification to the public that recommends no primary contact with the water in a specific area for public health reasons but does not close a swimming area to the public.  A swimming advisory shall include a sign posted at the site of the advisory and a press release to notify the public of the risks of swimming in the area.

(7)           "Swimming alert" means a notification to the public by media contact including a press release to warn the public of risks of swimming in an area that exceeds bacteriological swimming area levels.

(8)           "Swimming area" means a coastal recreation area that is used for primary contact located within waters classified by the Division of Water Quality as SA, SB, or SC.

(9)           "Swimming season" means from April 1 through October 31 of each year.

(10)         "Tier I swimming area" means a swimming area used daily during the swimming season, including any public access swimming area and any other swimming area where people use the water for primary contact, including all oceanfront beaches.

(11)         "Tier II swimming area" means a swimming area used an average of three days a week during the swimming season.

(12)         "Tier III swimming area" means a swimming area used an average of four days a month during the swimming season.

(13)         "Winter season" means from November 1 through March 31 of each year.

History Note:        Authority G.S. 130A-233.1;

Eff. February 1, 2004.