Lead Testing in School Drinking Water 10 NYCRR Subpart 67-4

On September 6, 2016, Governor Cuomo signed into law a bill passed by the New York State Legislature (A10740/S8158). • The law requires all public school districts and Boards of Cooperative Educational Services (BOCES) to test all potable water outlets for lead contamination, and to take action if lead levels exceed 5 micrograms per liter (µg/L) or parts per billion (ppb).

Monitoring

Action Level lowered from 15 ppb to 5 ppb • Compliance monitoring will be every 3 years (previously every 5 years) • “Lead-free” buildings no longer exempt from testing requirements

Response

All water provided to school staff/students in response to an outlet being taken out of service must be free of charge

Reporting

Schools must now include copies of lab reports of the lead testing results on their websites

“First-draw” Samples

Any sample collected for compliance under Subpart 67-4 must be a “first-draw” sample. First-draw sample: ▪ A water sample collected from a cold water outlet before any water is used from that outlet ▪ Water must be motionless in pipes for a minimum of 8 - 18 hours before sample collection ▪ This timeframe represents water that would be consumed during normal operating conditions on any school day. ▪ Recommended sampling times ▪ While school is in session; not during or immediately after weekends, vacations or routine flushing programs; ▪ following normal operation of school(e.g. Tuesday – Saturday mornings)

The NYSDOH has prepared a presentation that clearly explains the law and your compliance requirements.

Lead Testing Program Review and Updates

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