Testing for Lead in School Drinking Water

 

 

N.J.A.C. 6A:26-12.4 Safe drinking water

(a) The rules in this subchapter for the provision of safe drinking water shall apply to all
New Jersey public school districts, charter schools, renaissance schools, jointure
commissions, educational services commissions, approved private schools for students
with disabilities acting under contract to provide educational services on behalf of New
Jersey public school districts, State-funded early childcare facilities pursuant to N.J.A.C.
6A:13A, and receiving schools as defined by N.J.A.C. 6A:14-7.1(a). Throughout this
subchapter, “district board of education” refers to the governing authority for all of the
entities identified in this subsection, unless otherwise indicated.

(b) District boards of education shall assure the availability of potable drinking water through
sanitary means in school facilities or upon school grounds in accordance with the Safe
Drinking Water Act, N.J.S.A. 58:12A-1 et seq., the rules promulgated pursuant thereto,
N.J.A.C. 7:10 and 6A:26-6, Planning and Construction Standards for School Facilities.
156

(c) Testing of school drinking water quality shall be in accordance with the Safe Drinking
Water Act, N.J.S.A. 58:12A-1 et seq., the rules promulgated pursuant thereto, N.J.A.C.
7:10 and 6A:26-6, Planning and Construction Standards for School Facilities.

(d) All district boards of education shall conduct lead sampling and analysis, as described in
(d)1 and 2 below, in all drinking water outlets to which a student or staff member has, or
may have, access, in each school facility, other facility, or temporary facility, as those
terms are defined in this chapter. Any district board of education granted an extension of
time to conduct initial testing beyond the July 13, 2017, deadline shall complete the
initial testing no later than July 13, 2018. District boards of education that completed
initial testing prior to July 13, 2017, shall perform follow-up testing in accordance with
the schedule in (g) below.

1. Sampling shall be conducted in accordance with a lead sampling plan, which shall
include:

i. A plumbing survey for each facility that identifies how water enters and
flows through each facility, the types of plumbing materials used in the
facility, such as the service line, piping, solder, fixtures, drinking water
outlets where students or staff have or may have access, and point of use
treatment, such as drinking water filters;
ii. The names and responsibilities of all individuals involved in sampling;
and
iii. The following sampling procedures:

(1) Samples shall be taken after water has sat, undisturbed in the
school pipes for at least eight hours but no more than 48 hours
before the sample is taken.
(A) 24-hour school facilities shall collect first-draw samples at
drinking water outlets following a stagnation time that
would likely result in the longest standing time;
(2) At least eight hours prior to sampling, signs shall be posted to
indicate that water shall not be used and access to the buildings
subject to the sampling shall be restricted to all but authorized staff
members;
(3) Existing aerators, screens, and filters shall not be replaced or
removed prior to or during sampling; and
(4) All samples shall be collected in pre-cleaned high-density
polyethylene (HDPE) 250 milliliter (mL) wide-mouth single-use
rigid sample containers that are properly labeled.

2. Analysis of samples shall be conducted as follows:

i. Analysis shall be conducted by a certified laboratory to analyze for lead in
drinking water;
ii. The laboratory shall use an approved analytical method pursuant to the
Federal Safe Drinking Water Act at 40 CFR 141.23(k)(1); and
iii. Sample analysis shall be conducted in accordance with a Quality
Assurance Project Plan (QAPP), which shall be signed by the district
board of education, the certified laboratory, and the individual responsible
for conducting sampling. The QAPP shall include the identification of
analytical methods, chain of custody procedures, data validation and
reporting processes, detection limits, reporting to three significant figures,
field blanks, and quality control measures required by the certified
method.

 

3. The Department, in consultation with the Department of Environmental
Protection (DEP), will develop a technical guidance manual to assist district
boards of education in complying with the sampling and analysis requirements of
this subchapter.

(e) The district board of education, or its designee, shall complete a review of final
laboratory results within 72 hours of receipt. Within 24 hours after the district board of
education, or its designee, has reviewed the final laboratory results, the district board of
education shall:

 

1. Make the test results of all water samples publicly available at the school facility
in accordance with (f) below and make the results from the most recent required
Statewide testing available on the district board of education’s website; and

2. If any results exceed the permissible lead action level, provide written notification
to the parents/guardians of all students attending the facility, facility staff, and the
Department. This written notification shall also be posted on the district board of
education’s website and shall include a description of the following:

i. Measures taken by the district board of education, or its designee, to
immediately end use of each drinking water outlet where water quality
exceeds the permissible lead action level;
ii. Any additional remedial actions taken or planned by the district board of
education;
iii. The measures taken to ensure that alternate drinking water has been made
available to all students and staff members at the school(s) where the
water outlet(s) is located; and
iv. Information regarding the health effects of lead.

(f) The district board of education’s test results of all water samples shall remain publicly
available in accordance with the timeline established by the Department of the Treasury
in the Records Retention Schedule under record series number 0021-0000, which is
available at https://www.nj.gov/treasury/revenue/rms/pdf/m700104_001.pdf.

 

(g) Notwithstanding the results or date of any prior testing, all district boards of education
shall continue to test drinking water outlets as provided below in the designated
Statewide required testing year, which shall be every third school year beginning with the
2021-2022 school year and subsequently occurring in the 2024-2025 school year:

1. By no later than June 30 of the designated Statewide required testing year, all
district boards of education shall test all drinking water outlets. Sampling shall be
prioritized, such that buildings and facilities that previously had outlets with
results above the action level or identified in the plumbing profile as high risk for
lead shall be sampled first in accordance with the sampling plan; and
2. All district boards of education shall sample for lead after the replacement of any
drinking water outlet or any other alteration to plumbing or service lines that may
impact lead levels at the outlet.

(h) If district boards of education test drinking water outlets for lead more frequently than the
three-year cycle set forth at (g)1 above, the notification requirements set forth in (e) and
(f) above shall apply.

1. District boards of education that test drinking water outlets more frequently in
accordance with (h) above shall make the most recent results for each facility
available on the district board of education’s website.

(i) All district boards of education shall submit to the Department by June 30 each year a
statement of assurance that lead testing was completed in accordance with this section,
that notifications were provided consistent with this section, and that alternate drinking
water continues to be made available to all students and staff in accordance with this
section.

 

(j) District boards of education may request an exemption from the testing requirements set
forth in (d) above if they can demonstrate that they do not use any drinking water outlets
for consumption or food preparation in any of their facilities. District boards of education
seeking an exemption pursuant to this provision shall submit an application to the
Department documenting that no drinking water outlets are used in their facilities and the
provisions for an alternative source of drinking water. A district board of education that
receives an exemption from the Department from testing pursuant to this subsection shall
make available for public inspection at the school facility and on the district board of
education’s website, if applicable, confirmation that the district board of education is
exempt from testing. No later than June 30 of each Statewide required testing school year
as set forth in (g) above, a district board of education shall either begin testing procedures
in accordance with (g) above or reapply for an exemption under this subsection.

(k) All district boards of education shall be eligible to be reimbursed for the water supply
testing and analysis conducted pursuant to (g) above after July 1, 2021, as approved by
the Department and subject to available funds. To be eligible to receive reimbursement,
the district board of education shall complete and submit to the Department a
reimbursement application on a form, or in a format, supplied by the Department. The
Department will make the reimbursement application available on its website. Nonpublic
schools that conducted testing in accordance with (g) above after July 1, 2021, may
submit a reimbursement application to the Department, approval of which is subject to
available funds. A school district that conducts additional testing in a year other than the
Statewide required testing school year as set forth in (g) above shall not be eligible for
reimbursement.

(l) A district board of education’s failure to comply with any requirement in this section may
result in any of the following:

1. The district board of education’s disqualification for reimbursement pursuant to
(k) above;
2. The Department’s initiation of an investigation by the Office of Fiscal
Accountability and Compliance; and
3. The Commissioner’s withholding of State aid pursuant to N.J.A.C. 6A:2-1.2.