Testing for Lead in Drinking Water - Public and Nonpublic Schools

Maryland law (Chapter 386, 2017) requires all occupied public and nonpublic schools, serving children in prekindergarten to grade 12, that receive drinking water from a public utility to test for the presence of lead in all drinking water outlets. The testing is coordinated by the Maryland Department of the Environment (MDE) in consultation with the Maryland State Department of Education (MSDE).

Testing is to be conducted once every three years and must be performed during the regular school year while school is in session. The testing is phased in based on the age of the students and the age of the school buildings with the first round of testing to be completed by July 1, 2018, for schools serving students in prekindergarten through grade 5 and/or with school buildings built before 1988.

The regulations allow schools to apply for a deferral of the initial testing by either 12 months or 3 years, and schools may also waive out of testing if specific criteria are met, as set forth in law.

When outlets used for drinking, food preparation, or cooking are found to have elevated levels of lead in the water, schools are required to prevent access to these outlets within 24 hours.

For a detailed description of the requirements, please see MDE’s Testing Requirements and Related Documents.

Frequently Asked Questions (FAQs)

What is the effective date of this law?

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.

Which schools are covered by this law?

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

Which schools are not covered by this law?

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.

Does the law apply to childcare facilities?

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

What are schools required to do?

Schools that are subject to this law must test for the presence of lead in all drinking water outlets, and complete all required follow-up actions if there are outlets with lead levels exceeding the State's Action Level.

What is the Action Level for lead in drinking water under this law?

The State's current Action Level (AL) for lead in drinking water in schools receiving water from public utilities is 5 parts per billion (ppb) in 250 milliliter (mL) first-draw sample. This AL became effective on June 1, 2021. The previous AL for lead was 20 ppb based on the EPA guidance in effect when the regulations became effective on April 9, 2018.

When must schools conduct testing?

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

When must initial testing occur?

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

	Youngest Students in Grades Pre-Kindergaten-5	Youngest Students in Grades 6-8	Youngest Students in Grades 9-12
Building constructed before 1988	July 1, 2018	July 1, 2018	July 1, 2018
Building constructed in 1988 or later	July 1, 2018	July 1, 2019	July 1, 2020
Building constructed after the effective date of the regulations	Within 12 months of date of occupancy

Can schools defer the initial testing?

Yes. The regulation provides for deferral of initial testing under specific conditions. MDE, in consultation with MSDE, may grant a deferral not to exceed 12 months from the initial due date if a school has a plan in place for testing all drinking water outlets, as well as a plan detailing actionable steps to be taken if elevated levels of lead are found in a sample from any drinking water outlet. Also, in consultation with MSDE, MDE may grant a school a deferral not to exceed three years from the initial due date if the school has completed testing for all drinking water outlets in the school in accordance with the regulations, and no test results exceed the previous Action Level (AL) of 20 ppb.

Can schools waive out of testing?

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 interior 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.

Who can collect samples?

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.

Who can analyze samples?

The samples must be analyzed by a laboratory certified by the State of Maryland to perform Metals 1 (lead and copper) analysis.

[back to top ↑]

Announcements

Click here to see all Annoucements...

Latest Annoucements

IMPORTANT: Lead Samples Collected July 2, 2022, to July 1, 2023 ONLY – Submission of Water Test Results and Related Documents

Date: August 23, 2023

This email outreach was sent to remind the school of the September 15, 2023, deadline to report to MDE the results of standard/routine samples that were collected during the 2022-2023 school year.

Click to see more…

IMPORTANT REMINDER: Reducing the Risk of Drinking Water Quality Problems at Schools to Protect Your Students and Staff

Date: August 11, 2023

This email outreach was sent to remind schools about flushing stagnant water in the school's plumbing system to avoid potential water quality problems during the opening week of the new school year.

Click to see more…

IMPORTANT: Lead Testing in Water in Schools - October 1, 2022 REPORTING Deadline (for Samples Collected Between July 2, 2021, and July 1, 2022)

Date: September 1, 2022

This email outreach was sent to remind the school of the October 1, 2022, reporting deadline for routine sample collection for the 2021-2022 school year.

Click to see more…

Click here to see all Annoucements...

[back to top ↑]

Status of Implementation

Summary of Results

As of August 1, 2023, MDE has received and verified a total of 79,746 first-draw lead sample results from 24 public school systems, 247 nonpublic schools, and 17 charter schools.

Of the 79,746 first-draw lead samples, 3,720 (4.66%) samples exceeded 20 ppb (i.e., previous Action Level effective through May 31, 2021): 1,788 (2.24%) were from drinking water outlets (i.e., consumption outlets), 1,931 (2.42%) were from non-consumption outlets, and 1 (0.001%) was from outlets with unknown use (i.e., a use determination could not yet be made).

Of the 79,746 first-draw lead samples, 12,452 (15.61%) samples exceeded 5 ppb (i.e., current Action Level effective June 1, 2021): 7,634 (9.57%) were from drinking water outlets (i.e., consumption outlets), 4,816 (6.04%) were from non-consumption outlets, and 2 (0.003%) were from outlets with unknown use (i.e., a use determination could not yet be made).

The following tables present the above information in greater detail and will be updated as more data become available.

Summary of First-Draw Sample Results for Public Schools

Summary of First-Draw Sample Results for Nonpublic Schools

Summary of First-Draw Sample Results for Charter Schools

[back to top ↑]

Summary of Deferrals and Waivers

Deferrals of Initial Testing

MDE has received 706 applications for a twelve-month deferral from initial testing, and, in consultation with MSDE, has granted approval to 702 applications. The remaining 4 applications did not meet the requirements for approval. MDE has received 122 applications for three-year deferrals in initial testing; no three-year deferrals were granted.

It is important to note that schools can no longer apply to defer the initial testing since all of the initial testing deadlines have passed.

Summary of Deferrals -- Update in progress

Waivers

As of August 1, 2023, MDE has received 253 applications for waivers from testing; 61 have been approved, 116 did not meet the strict requirements for approval, and the remaining 76 are under review at this time.

Summary of Waivers -- Update in progress

[back to top ↑]

Annual Report to the Governor and the Maryland General Assembly

Period ending July 1, 2022

Period ending July 1, 2021

Period ending July 1, 2020

Period ending July 1, 2019

Period ending July 1, 2018

[back to top ↑]

School Resources - Testing Requirements

Guidance Materials

Overall

Sampling

Lead Sample Collection Instructions

Signage

Rules and Example Signage for Outlets

EPA’s 3Ts and MDE’s Links to Guidance on Flushing

[back to top ↑]

Reporting Test Results

When submitting test results and/or supporting documentation via email, please name the documents using the following format: Name of form_name of school.

All documents related to test results should be sent to MDE at:

testresults.leadschoolwater@maryland.gov

Or via mail at:

MDE Water Supply Program
1800 Washington Blvd, Suite 450
Baltimore, Maryland 21230

For reporting to local agencies and other State agencies, please refer to Reporting of Lead Sampling Results.

Standard/Routine Sampling
For each standard/routine sampling event, the following documents should be submitted to MDE:

Laboratory Results Reporting Form (EDD) - ALL test results (non-elevated AND elevated) must be included and reported on the EDD -- must be submitted electronically
Sample Collection Form

Additional copies of Page 2

Laboratory Report (see example)

Chain of Custody (COC) Form should be included

Floor Plan with unique Outlet ID indentified (see example)
Lead Sample Summary Certification Form
[back to top ↑]

Forms Related to Elevated Lead Sample Results
If your school has outlets with elevated lead results found during a standard/routine sampling event, the following forms should be submitted to MDE:

Important Notice: Elevated Lead Sample Result(s) Template
Certification for Elevated Lead Sample Result (s) Notice
Remedial Plan of Action Form -- must be submitted electronically
Completion of Remediation Form -- must be submitted electronically
[back to top ↑]

Follow-Up Sampling

For each follow-up sampling event (including required flush samples and follow-up post-remediation samples), the following documents should be submitted to MDE:

Laboratory Results Reporting Form (EDD) - ALL test results (non-elevated AND elevated) must be included and reported on the EDD -- must be submitted electronically
Sample Collection Form

Additional copies of Page 2

Laboratory Report (see example)

Chain of Custody (COC) Form should be included
[back to top ↑]

School IDs

Public School Construction (PSC) #s

To find the PSC # of your school, hover over "Facilities & Maintenance" from the menu bar and select "Facility Inventory". Then select "Public Record Access" and use the search tool to find your school.

Nonpublic School IDs

Click on the county in which your school is located. Schools are listed alphabetically with the corresponding ID number.

Church Exempt School IDs
List of Approved Montessori Schools

[back to top ↑]

Law and Regulations

[back to top ↑]

Applying for Waivers

If submitting waiver application(s) via email, please name the forms using the following format: Name of form_name of school

Waiver Application Type 1 - Prior Testing

Schools should not apply for Waiver Application Type 1 - Prior Testing until after they submitted all required documents to MDE and received a confirmation email from MDE that the review of test results and all requirements have been completed.