Current through Register Vol. 48, No. 07, July 26, 2024
Section 61-50.D - ANNUAL OPERATING CERTIFICATE1. Applicability. This section is applicable to all existing natural swimming areas that have previously been issued an initial operating certificate.2. Annual Operating Certificate. No natural swimming area may operate without receiving an annual operating certificate issued by the Department. Application for the certificate must be made utilizing a form supplied by the Department. Prior to receiving the certificate, requirements of paragraphs three (3) through five (5) listed below must be met. Additionally, it shall be verified that a minimum of one (1) satisfactory bacteriological sample has been collected in the swimming area. The criteria listed in paragraph 6(a) below shall be used to determine a satisfactory sample result. Samples used in determining issuance of the operating certificate shall be collected within two weeks of the beginning of facility operation. All samples collected during this two week time frame shall be submitted to or verified by the Department. When all of the above items have been deemed acceptable, the Department will issue an annual operating certificate. An operating certificate is not valid for more than one (1) year and expires not later than December thirty-one (31) on the year of the issuance of the certificate. Operating certificates are the property of the Department and must be returned to the Department if so requested.3. Swimming Area Delineation. All Natural Swimming Areas shall be required to define the perimeter of the swimming area by rope and buoy, natural barrier or other distinguishable method.4. Restroom Facilities. Functional restrooms must be provided within two-hundred (200) feet of the swimming area. Restroom facilities must be built in accordance with the local building codes.5. Signs. Facilities that do not utilize lifeguard protection during operating hours are required to post a sign(s) at entrances to the swimming area. The sign(s) must state as a minimum that "No lifeguards are on duty at this swimming area."6.Routine Monitoring. Routine monitoring shall be conducted by the facility owner or their designated agent. All samples collected must be analyzed by a certified laboratory in accordance with an EPA approved methodology resulting in the enumeration of E. coli bacteria using most probable number (MPN) methodology. The following single sample limit shall apply as the acceptable routine sample standard. a. E. coli sample: A single sample maximum of 349 MPN per 100 ml. b. Samples shall be collected in a location representative of the swimming area. No less than two sampling events shall be conducted every month while the swimming area is in operation. Sampling events shall occur no more than fourteen (14) days apart.c. The Department shall be notified by the facility owner or his/her designated agent should a sample result exceed the limit as established in paragraph 6(a) of this section. This notification must be received within 24 hours of an owner or his/her designated agent's knowledge of the exceeded sample limit.d. A copy of results from all samples collected shall be submitted to the Department by the end of every month.7. Closure. a. The facility owner or their designated agent shall immediately close the swimming area should sampling results exceed the sample standard as set forth in paragraph 6(a) of this section. The Department will verify that closure procedures have been followed, as necessary, in the above instance. Operation may be reinstated when the sample results return to an acceptable limit. The facility must keep a record of sampling results including written documentation of closure and reopening dates and times.b. When a scheduled time limit has been exceeded for compliance with any part of this regulation, the Department may immediately require closure of the natural swimming area.c. When a health hazard is identified by any dangerous contaminant or condition, the Department shall immediately require closure of the natural swimming area.Amended by State Register Volume 40, Issue No. 05, eff. 5/27/2016.