2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 20 - Child Care Services and Facilities › Subchapter II - Child Development Facilities Regulation › § 7–2051. Prevention of lead in drinking water in child development facilities

§ 7–2051. Prevention of lead in drinking water in child development facilities.
(a)(1) The Department of Energy and Environment ("DOEE") shall provide a list of approved contractors to all child development facilities, from which child development facilities or DOEE shall select a contractor to assist in meeting the requirements of subsection (b) of this section.
(2) DOEE may assist child development facilities in meeting the requirements of subsection (b) of this section, including contracting on behalf of the child development facility for services.
(b) By September 31, 2019, each licensed child development facility or, where DOEE agrees to assist the child development facility with meeting the requirements of this subsection, DOEE shall:
(1) Locate all drinking water sources at the child development facility;
(2) Install a filter that reduces lead in drinking water on each drinking water source in the child development facility and maintain the filters, at a minimum, in a manner consistent with the manufacturer's recommendations. Filters or all of the filter's component parts shall be certified for lead reduction to the National Sanitation Foundation ("NSF")/American National Standards Institute ("ANSI") Standard 53 for Health Effects or NSF/ANSI Standard 61 for Health Effects;
(3) Post a conspicuous sign near each water source at the child development facility that is not a drinking water source, which includes an image that clearly communicates that the water source should not be used for cooking, when applicable, or consumed;
(4) Test all drinking water sources at the child development facility for lead annually;
(4A) Where the child development facility has a public-facing website, the child development facility shall post on the child development facility's website the results of testing undertaken pursuant to paragraph (4) of this subsection, by drinking water source, within 14 calendar days of the child development facility's receipt of the results, including the date and time of the testing, and any remediation planned pursuant to paragraph (5)(B) of this section;
(5) If a test conducted pursuant to paragraph (4) of this subsection shows a lead concentration over 5 parts per billion:
(A) Shut off the drinking water source as soon as possible but no later than 24 hours after receiving the test result and keep the drinking water source shut off until a subsequent test shows that the lead concentration level is not over 5 parts per billion;
(B) Determine, in writing, which remediation steps should be implemented to address the elevated lead concentration level;
(C)(i) Where DOEE has agreed to assist a child development facility with meeting the requirements of this subsection, DOEE shall send the test results and remediations steps to the child development facility within 5 business days of the agency receiving the test results; and
(ii) The child development facility shall send the test results and remediation steps to parents or guardians of children at the child development facility through email or written communication within 5 business days of receiving the test results;
(D)(i) Where DOEE has agreed to assist a child development facility with meeting the requirements of this subsection, DOEE shall send notice of the completion of the remediations steps identified pursuant to subparagraph (B) of this paragraph to the child development facility with 5 business days of their completion; and
(ii) The child development facility shall provide notice to parents and guardians of children at the child development facility:
(I) Where DOEE has agreed to assist the child development facility with meeting the requirements of this subsection, within 5 business days of the child development facility receiving notice from DOEE of the completion of the remediation steps required by subparagraph (B) of this paragraph; or
(II) Where DOEE has not agreed to assist the child development facility with meeting the requirements of this subsection, within 5 business days of the completion of the remediation steps required by subparagraph (B) of this paragraph; and
(E) Where the child development facility has a public-facing website, the child development facility shall post notice of the completion of any remediation, including the date of completion and the results of testing drinking water sources after the completion of the remediation, on the child development facility's website in a location accessible to the public within 5 days after providing notice to parents under subparagraph (D) of this paragraph.
(c)(1)(A) Any contractor selected pursuant to subsection (a) of this section shall, at times and in a manner to be determined by the Mayor, provide DOEE or the child development facility that selected the contractor with written proof that the contractor's service complied with the requirements of this section.
(B) Where applicable, DOEE shall provide a child development facility that DOEE provided with assistance under this section with a report or other information on actions taken pursuant to subsection (b) of this section, including providing written proof of compliance with this section that is provided to DOEE pursuant to subparagraph (A) of this subsection.
(2) A child development facility shall, at times and in a manner to be determined by the Mayor, provide proof of compliance with this section to DOEE and the Office of the State Superintendent ("OSSE"); provided, where DOEE provides a child development facility with written proof of compliance pursuant to paragraph (1)(B) of this subsection, the child development facility shall provide that proof of compliance to OSSE where required to do so by OSSE.
(d) Where DOEE has not contracted with a contractor on behalf of the child development facility for services required under this subsection (b) of this section, after the child development facility provides proof of compliance to DOEE pursuant to subsection (c)(2) of this section and DOEE determines that the child development facility has complied with all the requirements of this section, DOEE shall:
(1) Compensate the contractor selected pursuant to subsection (a) of this section, pursuant to rules issued pursuant to subsection (i) of this section; and
(2) Notify the Office of the State Superintendent of Education ("OSSE") that the child development facility has complied with the requirements of this section.
(e)(1) If a contractor provides a false or misleading proof of compliance under subsection (c)(1) of this section, the Mayor shall, for a 5-year period:
(A) Remove the contractor from all DOEE-approved contractor lists;
(B) Prohibit the contractor from participating in the activities described in this section; and
(C) Prohibit the contractor from conducting business with the District government.
(2) The penalty provided in this subsection shall be in addition to any other penalty provided by law.
(3) A person aggrieved by an action of the Mayor taken pursuant to this subsection may appeal the action of the Mayor to the Office of Administrative Hearings pursuant to § 2-1831.03(b-14).
(f)(1) The Mayor may, at any reasonable time and with reasonable notice, and upon the presentation of appropriate credentials to, and with the consent of, the owner, operator, or person in charge:
(A) Enter a child development facility to determine compliance with this section; and
(B) Inspect and copy any record, report, or other document or information related to compliance with this section.
(2) If the Mayor is denied access to enter a child development facility or to inspect and copy records pursuant to paragraph (1) of this subsection, the Mayor may apply to the Superior Court of the District of Columbia for a search warrant.
(g)(1) OSSE, in consultation with DOEE, shall provide to the Mayor, the Council, and the Healthy Schools and Youth Commission, no later than June 30 of each year, a report on child development facility compliance with this section.
(2) DOEE shall post on the DOEE website, in a location accessible to the public, information received by DOEE as proof of compliance with this section, including, by drinking water source, the date, time, and location of testing, test results, planned remediation, the date of completion of the planned remediation, and the results of testing of drinking water sources after the completion of the planned remediation:
(A) For information regarding services conducted at child development facilities pursuant to this section provided to DOEE after February 23, 2023, within 30 days after receipt of a child development facility's proof of compliance under subsection (c) of this section; and
(B) For information regarding services conducted at child development facilities pursuant to this section provided to DOEE before February 23, 2023, within 120 days after February 23, 2023.
(h) Nothing in this subsection is intended to, or does, create a private right of action against any person or entity based upon compliance or noncompliance with its provisions. No person or entity may assert any claim or right as a beneficiary or protected class under this subsection in any civil, criminal, or administrative action against the District of Columbia.
(i) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this section.
(Apr. 13, 1999, D.C. Law 12-215, § 21a; as added Sept. 23, 2017, D.C. Law 22-21, § 5(b), 64 DCR 7631; Feb. 23, 2023, D.C. Law 24-255, § 2(b), 69 DCR 14637.)
Emergency Legislation
For temporary (90-day) creation of this section, see § 6132(b) of the Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).
For temporary (90-day) creation of this section, see § 6132(b) of the Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032).
Editor's Notes
Section 10 of D.C. Law 22-21 repealed §§ 6131 to 6134 of D.C. Law 22-33 before D.C. Law 22-33 became effective as law, which would have amended this section.
Section 9 of D.C. Law 22-21 provided that within one year after September 23, 2017, the Mayor shall host 4 community meetings open to the public on the implementation of D.C. Law 22-21 and notify the public about each meeting on the Department of General Services website at least one month before the meeting is held.