15A NCAC 18A .3403      PUBLIC NOTICE OF INCREASED HEALTH RISKS IN SWIMMING AREAS (effective April 1, 2021)

(a)  Tier I Swimming areas:

(1)           A pending swimming advisory shall be issued by the Division of Marine Fisheries if a water sample from a swimming area is equal to or exceeds the bacteriological limit set forth in Rule .3402(a)(2) of this Section during the swimming season.

(2)           A swimming advisory shall be issued by the Division if either of the following standards are exceeded during the swimming season:

(A)          Both the initial water sample and resample collected from a swimming area are equal to or exceed the bacteriological limit set forth in Rule .3402(a)(2) of this Section; or

(B)          The most recent five water samples collected within a 30-day period from a swimming area are equal to or exceed the bacteriological limit set forth in Rule .3402(a)(1) of this Section.

(b)  Tier II swimming areas:

(1)           A pending swimming advisory shall be issued by the Division if a water sample from a swimming area is equal to or exceeds the bacteriological limit set forth in Rule .3402(a)(2) of this Section during the swimming season.

(2)           A swimming advisory shall be issued by the Division if both the initial water sample and resample collected from a swimming area are equal to or exceed the bacteriological limit set forth in Rule .3402(a)(2) of this Section during the swimming season.

(c)  Signs posted pursuant to this Section shall be placed or erected in open view where the public may see the sign prior to entering the water.

(d)  Signs shall state the following:

ATTENTION: SWIMMING IN THIS AREA IS NOT RECOMMENDED. BACTERIA TESTING INDICATES LEVELS OF CONTAMINATION THAT MAY BE HAZARDOUS TO YOUR HEALTH. THIS ADVISORY AFFECTS WATERS WITHIN 200' OF THIS SIGN. OFFICE OF THE STATE HEALTH DIRECTOR.

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 .3403      PUBLIC NOTICE OF INCREASED HEALTH RISKS IN SWIMMING AREAS (effective until march 31, 2021)

(a)Tier I Swimming areas:

(1)           A swimming advisory shall be issued by the Division when samples of water from a swimming area exceeds a geometric mean of 35 enterococci per 100 milliliter during the swimming season.

(2)           A swimming alert shall be issued by the Division when a single sample of water from a swimming area exceeds 104 enterococci per 100 milliliter and does not exceed 500 enterococci per 100 milliliter during the swimming season.

(3)           A swimming advisory shall be issued by the Division when a sample of water from a swimming area exceeds a single sample of 500 enterococci per 100 milliliter during the swimming season.

(4)           A swimming advisory shall be issued by the Division when at least two of three concurrent water samples collected at a swimming area exceeds 104 enterococci per 100 milliliter during the swimming season.

(b)  Tier II swimming areas:

(1)           A swimming alert shall be issued by the Division when a single sample of water from a swimming area exceeds 276 enterococci per 100 milliliter and does not exceed 500 enterococci per 100 milliliter during the swimming season.

(2)           A swimming advisory shall be issued by the Division when a single sample of water from a swimming area exceeds 500 enterococci per 100 milliliter during the swimming season.

(c)  A Tier III swimming area with a water sample result of 500 enterococci per 100 milliliter or higher on the first sample shall be resampled the following day.  If the laboratory results of the second sample exceed 500 enterococci per 100 milliliter a swimming advisory shall be issued by the Division.

(d)  Signs posted pursuant to this Section shall be placed or erected in open view where the public may see the sign(s) prior to entering the water.

(e)  Signs shall convey the following:

ATTENTION: SWIMMING IN THIS AREA IS NOT RECOMMENDED.  BACTERIA TESTING INDICATES LEVELS OF CONTAMINATION THAT MAY BE HAZARDOUS TO YOUR HEALTH.  THIS ADVISORY AFFECTS WATERS WITHIN 200' OF THIS SIGN.  OFFICE OF THE STATE HEALTH DIRECTOR.

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

Eff. February 1, 2004.