S.C. Code Regs. § § 61-47.B

Current through Register Vol. 48, No. 10, October 25, 2024

Section 61-47.B - GROWING AREA SURVEY AND CLASSIFICATION

1. Sanitary Survey. A sanitary survey of shellfish growing areas shall be conducted by the Department, and each area shall be classified prior to its approval for shellfish harvesting. Sanitary Surveys and reports will be conducted and prepared consistent with the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish.

2. Classification of Growing Area. Shellfish growing areas shall be identified and assigned harvesting classifications of approved, conditionally approved, restricted, conditionally restricted, or prohibited. The assigned classification will be based upon a sanitary survey conducted by the Department. Growing areas for which a sanitary survey has not been completed shall be classified as prohibited. The Department may also designate a growing area as a closed area and prohibit harvesting when it determines that conditions have occurred that may potentially render shellfish unsafe for human consumption.

3. Approved Area. Growing areas shall be classified approved when the sanitary survey concludes that fecal material, pathogenic microorganisms, and poisonous or deleterious substances are not present in concentrations that would render shellfish unsafe for human consumption. Approved classifications shall be determined upon a sanitary survey that includes water samples collected from stations in the designated area adjacent to actual or potential sources of pollution. For waters sampled under adverse pollution conditions, the median fecal coliform Most Probable Number (MPN) or the geometric mean MPN shall not exceed fourteen per one hundred milliliters, nor shall more than ten percent of the samples exceed a fecal coliform MPN of forty-three per one hundred milliliters (per five tube decimal dilution). For waters sampled under a systematic random sampling plan, the geometric mean fecal coliform MPN shall not exceed fourteen per one hundred milliliters, nor shall the estimated ninetieth percentile exceed an MPN of forty three per one hundred milliliters (per five tube decimal dilution). Computation of the estimated ninetieth percentile shall be determined using National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish methodology.

4. Conditionally Approved Area.

(a) Growing areas may be classified conditionally approved when they are subject to temporary conditions of actual or potential pollution. When such events are predictable, as in non-point source pollution from rainfall runoff or discharge of a major river, a management plan describing conditions under which harvesting will be allowed shall be adopted by the Department prior to classifying an area as conditionally approved. Where appropriate, the management plan for each conditionally approved area shall include performance standards for sources of controllable pollution (e.g., wastewater treatment and collection systems), evaluation of each source of pollution, and means of rapidly closing and subsequently reopening areas to shellfish harvesting. Memorandums of agreements shall be a part of these management plans where appropriate.

(b) Shellfish shall not be directly marketed from a conditionally approved area until conditions for an approved classification have been met for a period of time likely to ensure the shellfish are safe for consumption.

(c) Shellstock from conditionally approved areas that have been subjected to temporary conditions of actual or potential pollution may be relayed to approved areas for purification or depurated through controlled purification operations only by special permit issued by the Department.

5. Restricted Area.

(a) Growing areas shall be classified restricted when sanitary survey data show a moderate degree of pollution or the presence of deleterious or poisonous substances to a degree that may cause the water quality to fluctuate unpredictably or at such a frequency that a conditionally approved classification is not feasible. Shellfish may be harvested from areas classified as restricted only for the purposes of relaying or depuration and only by special permit issued by the Department and under Department supervision.

(b) The suitability of restricted areas for harvesting of shellstock for relay or depuration purposes may be determined through the use of comparison studies of background tissue samples with post-process tissue samples, as well as other process verification techniques deemed appropriate by the Department.

(c) For restricted areas to be utilized as a source of shellstock for depuration, or as source water for depuration, the fecal coliform geometric mean MPN of restricted waters sampled under adverse pollution conditions shall not exceed eighty-eight per one hundred milliliters nor shall more than ten percent of the samples exceed a MPN of two hundred and sixty per one hundred milliliters for a five tube decimal dilution test. For waters sampled under a systematic random sampling plan, the fecal coliform geometric mean MPN shall not exceed eighty-eight per one hundred milliliters nor shall the estimated ninetieth percentile exceed an MPN of two hundred and sixty (five tube decimal dilution). Computation of the estimated ninetieth percentile shall be obtained using National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish methodology.

6. Conditionally Restricted Area.

(a) Growing areas may be classified conditionally restricted when they are subject to temporary conditions of actual or potential pollution. When such events are predictable, as in the malfunction of wastewater treatment facilities, non-point source pollution from rainfall runoff, discharge of a major river or potential discharges from dock or harbor facilities that may affect water quality, a management plan describing conditions under which harvesting will be allowed shall be prepared by the Department prior to classifying an area as conditionally restricted. Where appropriate, the management plan for each conditionally restricted area shall include performance standards for sources of controllable pollution, e.g., wastewater treatment and collection systems and an evaluation of each source of pollution, and description of the means of rapidly closing and subsequent reopening areas to shellfish harvesting. Memorandums of agreements shall be a part of these management plans where appropriate.

(b) Shellfish may be harvested from areas classified as conditionally restricted only for the purposes of relaying or depuration and only by permit issued by the Department and under Department supervision.

(c) For conditionally restricted areas to be utilized as a source of shellstock for depuration, the fecal coliform geometric mean MPN of conditionally restricted waters sampled under adverse pollution conditions shall not exceed eighty-eight per one hundred milliliters nor shall more than ten percent of the samples exceed a MPN of two hundred and sixty per one hundred milliliters for a five tube decimal dilution test. For waters sampled under a systematic random sampling plan, the fecal coliform geometric mean MPN shall not exceed eighty-eight per one hundred milliliters nor shall the estimated ninetieth percentile exceed an MPN of two hundred and sixty per one hundred milliliters (five tube decimal dilution). Computation of the estimated ninetieth percentile shall be obtained using National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish methodology.

7. Prohibited Area.

(a) Growing areas shall be classified prohibited if there is no current sanitary survey report or if the sanitary survey report or monitoring data show unsafe levels of fecal material, pathogenic microorganisms, or poisonous or deleterious substances in the growing area or otherwise indicate that such substances could potentially reach quantities that could render shellfish unfit or unsafe for human consumption.

(b) Harvesting of shellfish from prohibited areas for human consumption shall not be allowed by the Department. This item shall not be construed to prohibit seed hatchery or nursery operations, provided such operations comply with applicable provisions of this regulation.

(c) Shellfish may be depleted for non-food use from prohibited areas upon approval of the Department and under specified conditions as outlined in D.4.

(d) Growing areas receiving sewage treatment plant and other waste discharges shall be classified as prohibited. The following assumptions and criteria will be considered in determining the area that could be potentially impacted:

(1) Pollution Conditions;

(a) Flow rate;

(b) Sewage treatment plant performance;

(c) Location of shellfish resources.

(2) Dispersion, dilution, and time of travel;

(a) Current velocity and net transport velocity;

(b) Volume;

(c) Depth of water;

(d) Direction of travel and stratification;

(e) Location of discharge;

(f) Tidal characteristics;

(g) Receiving area geometry.

(3) Decay rate (bacteriological die-off);

(4) Bacteriological quality required;

(5) Adjacent harvest use classification;

(6) Identifiable landmarks for boundaries.

(e) Growing waters within and adjacent to marinas shall be classified as prohibited. The size and extent of closures within and adjacent to marinas shall be determined using a dilution analysis that incorporates the following assumptions:

(1) An occupancy rate of the marina;

(2) An assumed rate of boats that will discharge untreated waste;

(3) An occupancy rate of two (2) persons per boat;

(4) A rate of discharge of 2 x 10 to the ninth power fecal coliform per day;

(5) Wastes are completely mixed in and around the marina;

(6) The volume of water in the vicinity of the marina;

(7) A theoretical calculated fecal coliform level of fourteen (14) MPN per one hundred (100) milliliters.

(f) Nothing in this regulation shall be construed to require that a dilution analysis be conducted for any existing marina historically encompassed by a prohibited closure of one thousand (1000) feet; provided however, that in the event a request or application is made seeking authorization to increase the marina's potential boat occupancy rate, the Department shall calculate the prohibited closure area in accordance with B.7. (e).

(g) Any proposed or existing dry stack or fueling facility having effective docking space of two hundred and fifty (250) linear feet or less and providing moorage for ten (10) or less boats shall not constitute sole cause for classification or closure in accordance with item B.7. (e) of this Regulation.

S.C. Code Regs. § 61-47.B

Amended byState Register Volume 39, Issue No. 06, eff. 6/26/2015.