15a ncac 18a .3405      RESCINDING A PENDING SWIMMING ADVISORY OR SWIMMING ADVISORY (effective april 1, 2021)

(a)  A pending swimming advisory shall be rescinded by the Division of Marine Fisheries via social media release when the resample collected meets the bacteriological limit set forth in Rule .3402(a)(2) of this Section.

(b)  A Tier I swimming area advisory shall be rescinded by the Division via social media and news release, including the removal of signs, when both of the following conditions are met:

(1)           the geometric mean has met the bacteriological limit set forth in Rule .3402(a)(1) of this Section; and

(2)           two consecutive weekly water samples meet the bacteriological limit set forth in Rule .3402(a)(2) of this Section.

(c)  A Tier II swimming area advisory shall be rescinded by the Division via social media and news release, including the removal of signs, after water samples meet the bacteriological limit set forth in Rule .3402(b) of this Section.

(d)  A swimming advisory resulting from a flood water discharge or the discharge of dredge material shall be rescinded by the Division via social media and news release, including the removal of signs, 24 hours after the discharge has ceased, to allow for tidal dispersion.

(e)  A swimming advisory resulting from a wastewater system failure shall be rescinded by the Division via social media and news release, including the removal of signs, when failure has been corrected and water samples collected meet the bacteriological limit set forth in Rule .3402(a)(2) of this Section.

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

Eff. January 1, 2004;

Readopted Eff. April 1, 2021.

15a ncac 18a .3405      RESCINDING A SWIMMING ADVISORY OR SWIMMING ALERT (effective until March 31, 2021)

(a)  A Tier I swimming area advisory shall be rescinded when two consecutive weekly water samples and the geometric mean meet the bacteriological limits in Rule 18A .3402(a) of this Section.  A swimming alert shall be rescinded within 24 hours of compliance with Rule 18A .3402(a)(2) of this Section.

(b)  A Tier II or Tier III swimming area advisory or alert shall be rescinded after water samples meet the bacteriological standard in Rule 18A .3402(b) or (c) of this Section.

(c)  A swimming advisory resulting from a point source discharge or the discharge of dredge material shall be rescinded 24 hours after the discharge has ceased.

(d)  When a swimming advisory or alert has been rescinded, the Division shall issue a press release to announce the lifting of the advisory or the alert and the sign(s) shall be removed immediately by the Division.

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

Eff. January 1, 2004.