New Jersey Administrative Code › Title 8 - HEALTH › Chapter 26 - PUBLIC RECREATIONAL BATHING › Subchapter 8 - ENFORCEMENT PROCEDURES › Section 8:26-8.8 - Closure and reopening of bathing beaches

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a bathing beach
				water sample exceeds the microbiological water quality standards set forth at
N.J.A.C. 8:26-7.18
, the
				following actions shall be taken:
1. The certified
				laboratory and bathing beach owner or operator shall notify the health authority by
				telephone, fax, or other method specified by the health authority, within one hour,
				but not later than 2:00 P.M., that the unsatisfactory microbiological sample result
				was obtained.
2. Health authorities
				participating in the Cooperative Coastal Monitoring Program (CCMP) shall then notify
				the Department of Health and the Department of Environmental Protection of the
				unsatisfactory microbiological sample result within 30 minutes.
3. Health authorities not participating in the
				CCMP shall also notify the Department of an unsatisfactory microbiological sample
				result within 24 hours.
4. Resampling of
				the bathing beach water shall be conducted within 24 hours.
i. Sampling points for resamples shall be
				clustered around the areas from which the unsatisfactory sample was obtained and
				shall be approved by the health authority as specified at
N.J.A.C.
				8:26-7.6(b)
.
ii. When resampling CCMP ocean stations, the
				health authority shall resample the station that first exceeded the standard and
				bracket locations to either side of that station.
iii. When resampling CCMP bay stations, the health
				authority shall resample the station that first exceeded the standard and locations
				at the outer limits of the bathing area.
5. A sanitary survey of the area shall be
				conducted by the health authority and the owner or operator of the bathing beach.
				This sanitary survey shall be designed to identify the source(s) of pollution. This
				survey shall include a survey of nearby point and non-point sources of
				pollution.
6. Within two hours of
				receiving notice that a bathing beach water sample exceeds the microbiological water
				quality standards set forth at
N.J.A.C. 8:26-7.18
, the bathing beach owner or operator shall take the following action:
i. Post a sign at all beach entrances and both
				ends of the beach saying:
ADVISORY
A water sample collected from this beach within the past 24 hours
				  indicates bacteria levels over the recreational bathing standard.
Beaches remain open and additional samples have been collected.
				  Resample results will be available tomorrow.
You may view all test results online at
www.njbeaches.org
or by calling the health
				  department at ____________
Bacteria levels change with the weather, tides, and currents. They
				  are usually highest near storm water pipes, especially during and after
				  rainfall.
You can reduce your risk of illness avoiding contact with water in
				  or near storm water pipes.
(1) The sign
				shall include the date of posting and the telephone number of the local health
				authority.
(2) The sign shall be on
				metal, plastic, laminated paper, or heavy paper stock.
ii. Post a notice of the exceedance on the owner
				or operator's website, and link to the Department of Environmental Protection's
				Cooperative Coastal Monitoring Program's (CCMP) website, if
				applicable.
7. If the result
				of the microbiological water quality resample does not meet the microbiological
				water quality standards set forth at
N.J.A.C.
				8:26-7.18
, or if the sanitary survey
				discloses any condition which may present an imminent hazard to public health or
				safety, the bathing beach shall immediately be closed for swimming and bathing.
i. The local health authority shall notify, within
				30 minutes, the Department of Health and the Department of Environmental Protection
				of closings of bathing beaches which are monitored in the CCMP.
ii. For non-CCMP monitored bathing beaches, the
				local health authority shall notify the Department of Health of a beach closing
				within 24 hours.
iii. Within one hour of
				receiving the results of the resample, the bathing beach owner or operator shall
				take the following actions:
(1) Post a sign at all
				beach entrances and both ends of the beach saying:
ADVISORY
A water sample collected from this beach within the past 24 hours
				  indicates bacteria levels exceeding the recreational bathing water quality
				  standard.
Beaches are CLOSED for swimming and bathing activities and
				  additional samples have been collected. Resample results will be available
				  tomorrow.
If the resample is below recreational bathing water quality
				  standard, the advisory will be removed. If the resample is above the water quality
				  bacteria standard the beach will remain CLOSED.
You may view all test results online at
www.njbeaches.org
or by calling the health
				  department at ____________
Bacteria levels change with the weather, tides, and currents. They
				  are usually highest near storm water pipes, especially during and after
				  rainfall.
You can reduce your risk of illness avoiding contact with water in
				  or near storm water pipes.
(A) The
				internationally recognized "No swimming" pictogram shall be included on the
				sign.
(B) The sign shall include the
				date of posting and the telephone number of the local health authority.
(C) The sign shall be on metal, plastic, laminated
				paper, or heavy paper stock.
(2) Post a notice of the beach closing on the
				owner or operator's website, and link to the Department of Environmental
				Protection's CCMP website, if applicable.
8. If the microbiological water quality sampling
				results indicate that an area exceeds the bathing beach microbiological water
				quality standards as a consequence of certain environmental conditions (such as
				rainfall), that bathing beach shall be kept closed for a certain amount of time as
				specified by the health authority following those environmental conditions to enable
				the water quality to improve.
i. Past sampling data
				can be used to determine how long the bathing beach should be kept closed.
ii. If environmental conditions, such as heavy
				rainfall, cause sewage and/or stormwater infrastructure failures, such as effluent
				discharging from manholes, bathing beaches having the potential to be affected shall
				be closed or sampled at the discretion of the health authority.
iii. For bathing beaches that have been closed
				more than 50 percent of the time over the course of a year after an environmental
				event, such as rainfall, the bathing beach owner or operator shall take the
				following action:
(1) Post a permanent sign at all
				beach entrances and both ends of the beach saying:
"Warning! Rainfall causes the water quality at the beach to exceed
				  microbiological water quality standards. Water contact may cause illness. No
				  swimming or bathing is allowed for ___ hours after the rain has stopped to enable
				  the rainfall-caused water pollution to dissipate."
(A) The internationally recognized "No swimming"
				pictogram shall be included on the sign.
(B) The sign shall include the date of posting and
				the telephone number of the local health authority.
(C) The sign shall be on metal, plastic, laminated
				paper, or heavy paper stock.
(D) The
				number of hours posted on the sign prohibiting swimming or bathing shall be
				determined by testing experience indicating the length of time typically needed for
				rainfall-caused water pollution to dissipate.
(2) Post a notice of the beach closing on the
				owner or operator's website, and link to the Department of Environmental
				Protection's CCMP website, if applicable.
9. A bathing beach shall not be re-opened until
				the sanitary survey and appropriate sampling shows that the water quality meets the
				microbiological water quality standards set forth at
N.J.A.C.
				8:26-7.18
, and physical water quality
				standards set forth at
N.J.A.C. 8:26-7.20
.
i. If a prior sanitary survey has
				identified the source of the pollution, a new sanitary survey does not have to be
				conducted.
ii. The local health
				authority shall notify, within one hour, the Department of Health and the Department
				of Environmental Protection when a bathing beach has been reopened.