§ 167.17 Classifications.
RCNY § 167.17
The Department shall assign to each bathing beach one of the classifications listed below based on the evaluation and evidence of information provided by water quality data, sanitary and safety survey, site condition or historical information.
(a)Class A: Open for Swimming and Bathing. All of the following conditions shall be considered in order for a beach to be classified as open and approved for swimming and bathing: (1) Bathing beach water quality standards are in accordance with 24 RCNY Health Code § 167.13.
(2)Sanitary and safety surveys conducted pursuant to 24 RCNY Health Code § 167.25 are satisfactory to the Department; and (3) The epidemiological history is satisfactory to the Department. No repeated complaints/reports of illness/injury received from the public or from owners/operators of bathing beaches.
(b)Class B: Under Advisory – Not Recommended for Swimming and Bathing. When any of the following conditions is present, a bathing beach/facility shall be under advisory, notifying the public of the likelihood of polluted water and recommending that the public avoid swimming in the water to prevent contracting a swimming related illness: (1) Rainfall intensities exceed the preemptive standards/threshold of New York City Wet Weather Advisories, as issued by the Department before each bathing season.
(c)Class C: Closed – Temporarily Restricted for Swimming and Bathing. When one or a combination of any of the following conditions exist, the beach may be closed for bathing.
(1)Water quality standards exceed the standards set forth in 24 RCNY Health Code § 167.13; or (2) Epidemiological data indicates a significant incidence of related illnesses or repeated complaints/reports of illness/injury received from beach patrons; or (3) Sanitary and Safety Survey/Investigation: A sanitary and safety survey or an investigation reveals the presence of floatable debris, medical/infectious waste, toxic contaminants, petroleum products or other contamination on the beach, or there is evidence of sewage and wastewater discharge in sufficient quantities that will adversely affect the quality of the beach water; or (4) Presence of public health hazards as illustrated in 24 RCNY Health Code § 167.09. If a bathing beach is closed due to unsatisfactory water quality sampling data, the beach shall remain closed to the public until appropriate sampling shows that the water quality meets the standards prescribed in 24 RCNY Health Code § 167.13(a). When a bathing beach is closed pursuant to 24 RCNY Health Code § 167.17(c), no one shall be allowed in the water and the beach must not be reopened without the express written permission of the Department. If a beach operator temporarily closes a beach voluntarily, the operator may reopen the beach when the conditions that led to the closing have been corrected.
