N.J. Admin. Code § 8:26-8.8

Current through Register Vol. 56, No. 21, November 4, 2024

Section 8:26-8.8 - Closure and reopening of bathing beaches

(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.

N.J. Admin. Code § 8:26-8.8

Amended by 50 N.J.R. 481(b), effective 1/16/2018