15A N.C. Admin. Code 18A.3403

Current through Register Vol. 38, No. 24, June 17, 2024
Section 18A .3403 - PUBLIC NOTICE OF INCREASED HEALTH RISKS IN SWIMMING AREAS
(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.

15A N.C. Admin. Code 18A .3403

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.