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26.16.07.00.htm 26.16.07.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 16 LEAD Chapter 07 Lead in Drinking Water ― Public and Nonpublic Schools Authority: Environment Article, §6-1501―6-1502, Annotated Code of Maryland
26.16.07.01.htm 26.16.07.01. 01 Purpose.. This chapter requires public and nonpublic schools to test their drinking water outlets for lead contamination and establishes an ongoing program to minimize the risk of exposure to lead in the school’s drinking water and establishes an action level of 20 parts per billion (ppb) for lead in drinking water in school buildings.
26.16.07.02.htm 26.16.07.02. 02 Scope.. This chapter establishes requirements and standards for lead monitoring in occupied public and nonpublic school buildings serving prekindergarten through grade 12 students where drinking water to the building is provided by a public water system. This chapter does not apply to a public or nonpublic school that is regulated as a public water system in accordance with the requirements of COMAR 26.04.01.
26.16.07.03.htm 26.16.07.03. 03 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Action level” means the level of lead which, if exceeded, requires the school to complete steps including remedial action, notification, and follow-up sampling.2) “Bottled water” means water that is intended for human consumption and that is sealed in bottles or other containers and meets the National Primary Drinking Water regulations for all regulated contaminants.
26.16.07.04.htm 26.16.07.04. 04 Applicability and Authority.. A. This chapter applies to the testing of drinking water from drinking water outlets in occupied public or nonpublic school buildings, except as noted in §B of this regulation.B. This chapter does not apply to a public or nonpublic school if the school’s water system is classified as a public water system and is already subject to testing for lead under COMAR 26.04.01.06-2.C. Each school shall establish that it:.
26.16.07.05.htm 26.16.07.05. 05 Waivers.. A. The Department, in consultation with MSDE, may grant a waiver from the testing required under this regulation if a school submits a written request for a waiver, using a form generated by the Department, along with the required documentation that:1) The following two conditions have been met:. a) All drinking water outlets in the school building were tested, no more than 5 years before the effective date of this regulation, for the presence of lead in a manner that
26.16.07.06.htm 26.16.07.06. 06 Testing Requirements.. A. All public and nonpublic schools that are not classified as a public water system and have not been granted a waiver shall conduct initial testing for the presence of lead in every drinking water outlet located in an occupied public or nonpublic school building. Bathroom and classroom sinks not clearly signed as not a drinking water outlet are subject to testing under this section.B. Testing shall be prioritized as follows:. 1) Drinking water outlets
26.16.07.07.htm 26.16.07.07. 07 Standard Sampling Method.. A. Schools shall collect samples in accordance with the following procedures:. 1) Collect 250 mL first-draw samples in prelabeled sampling bottles.. 2) Collect samples from the cold water tap.. 3) If the outlet has an aerator, leave the aerator in place during sampling.. 4) If the outlet has a filter, sample without the filter.. 5) Determine if one chiller serves more than one fountain; if it does, collect first-draw samples fr6) Follow all laboratory
26.16.07.08.htm 26.16.07.08. 08 Response to Samples Indicating Elevated Levels of Lead.. After being notified by the laboratory of an elevated level of lead in a drinking water outlet, schools shall:A. Within 24 hours, prevent all physical access to water from the drinking water outlet until the problem is mitigated;B. Within 5 school days, collect a flushed sample from each outlet for which the first-draw sample result exceeded 20 ppb of lead;C. Have the flush sample analyzed by a certified laboratory; and.
26.16.07.09.htm 26.16.07.09. 09 Notification Requirements Following Detection of Elevated Levels of Lead.. A. The school shall provide a notice of all lead sample results with an elevated level of lead to:. 1) The parent or legal guardian of each student attending the school within 10 school days of the school’s receipt of the laboratory report; and2) Teachers and other employees within 10 school days of the school’s receipt of the laboratory report.B. Notice shall be posted on the school website wi
26.16.07.10.htm 26.16.07.10. 10 Remedial Plan of Action.. A. If elevated levels of lead are found in any drinking water outlet, the school shall determine and document a remedial plan of action to permanently reduce the lead level or replace the outlet, plumbing, or service line contributing to the elevated level of lead.B. The school shall provide its remedial plan of action to the Department and MSDE within 30 school days of receiving laboratory results of first-draw testing indicating eleva
26.16.07.11.htm 26.16.07.11. 11 Reporting.. A. Every sample result of lead shall be reported to the Department, MSDE, and the appropriate local health department within 30 days after the samples were analyzed with the following information:1) The date and time the water was last used in the school building;. 2) The date and time of sample collection; and. 3) The specific tap tested;. 4) The sample collector name and contact information; and. 5) The school building address.. B. The school shall certi
26.16.07.12.htm 26.16.07.12. 12 Record Keeping.. Each school shall maintain the following records for a minimum of 10 years and make them available if requested by the Department or MSDE:A. Sampling plan that includes the location and types of all drinking water outlets;. B. Names and responsibilities of all individuals and/or laboratories involved in sampling and testing;C. Records related to sampling and testing, including date, type of sample, and results;. D. Immediate actions taken, by whom, and dates;.
26.16.07.9999.htm 26.16.07.9999. Administrative History Effective date: April 9, 2018 (45:7 Md. R. 347).
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