Testing for Lead in Drinking Water - Public and Nonpublic Schools

House Bill 270 was signed into law on May 4, 2017.

The regulations (COMAR 26.16.07 Lead in Drinking Water - Public and Nonpublic Schools) became effective on April 9, 2018.

All occupied public and nonpublic schools serving children in pre-kindergarten to grade 12 that receive drinking water from a public utility.

Schools that have their own individual well(s) and are already required to test for lead under the federal Lead and Copper Rule are not covered.

The law does not apply to facilities that are solely licensed by the Maryland Office of Child Care, such as daycare centers.

All public and nonpublic schools, grades pre-K through 12, must test for the presence of lead in all drinking water outlets.

Testing is to be conducted once every three years and must be performed during the regular school year while school is in session.

Testing will be phased in based on age of construction of the school building and age of the students:

Yes. To apply for a deferral from initial sampling, a school must complete the application form developed by the Maryland Department of the Environment (MDE).

A school can request a deferral of no more than three years if all of the following criteria are met:

• Previous testing was conducted using sampling protocols that are consistent with those outlined in COMAR 26.16.07.07

• Sample analysis was performed by a state-certified laboratory

• All sample results were less than 20 ppb

A school can request a deferral of no more than 12 months if all of the following criteria are met:

• The school has a plan in place to test all drinking water outlets

• The plan includes actionable steps to be taken if elevated levels of lead are found in any of the drinking water outlets

Yes. A waiver indefinitely exempts a school from testing for lead in all drinking water outlets until the school no longer meets the conditions of the waiver. There are three types of waivers for which a school can apply:

• Type 1 - Prior Testing

  • No earlier than five years before the effective date of the regulations (April 9, 2018), the school has tested all drinking water outlets for the presence of lead in a manner that complies with the regulation;

  • A state-certified laboratory analyzed each of the test results; and

  • All test results are at a level of 5 ppb or lower.

• Type 2 - Bottled Water

  • Only bottled water is used for drinking water and in food preparation, including ice making, in the building; and

  • Occupants do not have access to water from any drinking water outlet.

• Type 3 - Lead-Free Building

  • The service line and plumbing connecting the school to the water main are lead-free as defined by Section 1417 of the Safe Drinking Water Act; and

  • All interor plumbing in the school is lead-free as defined by Section 1417 of the Safe Drinking Water Act; and

  • All drinking water outlets are lead-free as defined by the Annotated Code of Maryland, Business Occupations and Provisions Article, §§12-101, 12-605.1, and 12-605.2

Lead samples may be collected by school personnel, laboratories, or other parties. The person who collects the samples does not need to be a state-certified water sampler. However, the samples must be analyzed by a laboratory certified by the State of Maryland to perform Metals 1 (lead and copper) analysis.