15A N.C. Admin. Code 18A.3401

Current through Register Vol. 38, No. 24, June 17, 2024

Section 18A .3401 - DEFINITIONS

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 02B .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.

15A N.C. Admin. Code 18A .3401

Authority G.S. 113-134; 113-221.3; 143B-289.52;
Eff. February 1, 2004;
Readopted Eff. April 1, 2021.

Authority G.S. 130A-233.1;
Eff. 2/1/2004.

Readopted by North Carolina Register Volume 35, Issue 17, March 1, 2021 effective 4/1/2021.