2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 8A - Healthy Schools › Subchapter V - Environment › § 38–825.01a. Prevention of lead in drinking water in schools

§ 38–825.01a. Prevention of lead in drinking water in schools.
(a)(1) The Department of General Services ("DGS") shall:
(A) Locate all drinking water sources at each public school and install a barcode on each of the drinking water sources;
(B) Install a filter that reduces lead in drinking water on each drinking water source in each public school 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;
(C) Post a conspicuous sign near each water source at public schools that is not a drinking water source, which includes an image that clearly communicates that water from the water source should not be used for cooking, where applicable, or consumed;
(D) Provide an annual schedule for testing drinking water sources at each public school to the Chief Operating Officer of the District of Columbia Public Schools ("COO") for distribution to parents or guardians of children at each public school at the start of each school year;
(E) Test all drinking water sources at each public school for lead annually;
(F) If a test conducted pursuant to subparagraph (E) of this paragraph shows a lead concentration over 5 parts per billion:
(i) 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;
(ii) Determine, in writing, which remediation steps should be implemented to address the elevated lead concentration level;
(iii) Send the test result and remediation steps to the COO within 5 business days of receiving the test result;
(iv) Update the list described in subparagraph (G) of this paragraph within 5 business days of receiving the test result to reflect the test result and remediation steps; and
(v) Notify the COO and update the list described in subparagraph(G) of this paragraph within 5 business days of completion of the remediation steps required by sub-subparagraph (ii) of this subparagraph; and
(G) Publish on the DGS website a list of drinking water sources in each public school that describes, for each drinking water source:
(i) The date and results of the most recent lead test performed;
(ii) The date the current filter was installed;
(iii) The date when the filter will next be replaced;
(iv) The barcode identification number; and
(v) Any remediation steps that will be or have been taken.
(2) When the COO receives a test result, pursuant to paragraph (1)(e)(iii) of this subsection, or a notice of completion of remediation steps, pursuant to paragraph (1)(e)(v) of this subsection, the COO shall, within 2 business days of receiving such information, publish the information on the District of Columbia Public Schools website and send the information to parents or guardians of children attending the public school through email or other written communication.
(b)(1) Within 120 days of September 23, 2017, DGS shall provide a list of approved contractors, which may include employees or departments within DGS, to the Public Charter School Board ("PCSB"), from which public charter schools shall select a contractor to assist in meeting the requirements of paragraph (2) of this subsection.
(2) Each public charter school shall:
(A) Locate all drinking water sources at the public charter school and install a barcode on each of the drinking water sources;
(B) Install a filter that reduces lead in drinking water on each drinking water source in the public charter school 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 NSF/ANSI Standard 53 for Health Effects or NSF/ANSI Standard 61 for Health Effects;
(C) Post a conspicuous sign near each water source at the public charter school that is not a drinking water source, which includes an image that clearly communicates that water from the water source should not be used for cooking, where applicable, or consumed;
(D) Test all drinking water sources at the public charter school for lead annually;
(E) If a test conducted pursuant to subparagraph (D) of this paragraph shows a lead concentration over 5 parts per billion:
(i) 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;
(ii) Determine, in writing, which remediation steps should be implemented to address the elevated lead concentration level;
(iii) Send the test result and remediation steps to parents or guardians of children attending the public charter school through email or written communication within 5 business days of receiving the test result;
(iv) Update the list described in subparagraph (F) of this paragraph within 5 business days of receiving the test result to reflect the test result and remediation steps; and
(v) Notify parents or guardians of children attending the public charter school and update the list described in subparagraph (F) of this paragraph within 5 business days of completion of the remediation steps required by sub-subparagraph (ii) of this subparagraph; and
(F) Publish on the public charter school's website, or on the website of the public charter school's local education agency, a list of drinking water sources in the public charter school that describes, for each drinking water source:
(i) The date and results of the most recent lead test performed;
(ii) The date the current filter was installed;
(iii) The date when the filter will next be replaced;
(iv) The barcode identification number; and
(v) Any remediation steps that will be or have been taken.
(3)(A) Any contractor selected pursuant to paragraph (1) of this subsection shall, at times and in a manner to be determined by the PCSB, provide the public charter school that selected the contractor with written proof that the contractor's services complied with the requirements of this subsection.
(B) A public charter school shall provide proof of compliance with paragraph (2) of this subsection to the PCSB.
(4) After a public charter school provides proof of compliance to the PCSB, pursuant to paragraph (3)(B) of this subsection, the PCSB shall provide proof of compliance to DGS, in a manner to be prescribed by DGS.
(5)(A) If a contractor provides false or misleading proof of compliance under paragraph (3)(A) of this subsection, the Mayor shall, for a 5–year period:
(i) Remove the contractor from all DGS-approved contractor lists;
(ii) Prohibit the contractor from participating in the activities described in this subsection; and
(iii) Prohibit the contractor from conducting business with the District government.
(B) The penalty provided in this paragraph shall be in addition to any other penalty provided by law.
(6)(A) The Mayor, at a reasonable time, with reasonable notice, and upon presentation of appropriate credentials to, and with the consent of, the owner, operator, or person in charge, or the PCSB, pursuant to § 38-1802.11, may enter a public charter school to determine the public charter school's compliance with this subsection and inspect and copy any record, report, or other document or information related to compliance with this subsection.
(B) If a public charter school fails to consent under subparagraph (A) of this paragraph:
(i) The Mayor shall require the repayment of funds that were paid to the public charter school to cover the cost of complying with paragraph (2) of this subsection; and
(ii) The PCSB may revoke the public charter school's charter pursuant to § 38-1802.13(a)(1).
(7) A person aggrieved by an action of the Mayor taken pursuant to paragraph (5) or paragraph (6)(B)(i) of this subsection may appeal the action of the Mayor to the Office of Administrative Hearings pursuant to § 2-1831.03(b-14).
(8) The Mayor may impose civil infraction penalties, fines, and fees as sanctions for any violation of this subsection, pursuant to Chapter 18 of Title 2 ("Civil Infractions Act"). Enforcement and adjudication of an infraction shall be pursuant to the Civil Infractions Act.
(c) Nothing in this section 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 section in any civil, criminal, or administrative action against the District of Columbia.
(d) Within 120 days of the September 23, 2017, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this section.
(July 27, 2010, D.C. Law 18-209, § 501a; as added Sept. 23, 2017, D.C. Law 22-21, § 2(c), 64 DCR 7631; Nov. 13, 2021, D.C. Law 24-45, § 4242(b), 68 DCR 010163.)
Applicability
Section 7182 of D.C. Law 24-45 repealed section 11 of D.C. Law 22-21 removing the applicability provision impacting this section. Therefore the creation of this section by section 2(c) of Law 22-21 has been implemented.
Section 7019 of D.C. Law 22-168 amendeded section 11 of D.C. Law 22-21 removing the applicability restriction impacting this section. Therefore the amendments made to this section by D.C. Law 22-21 have been implemented, except for subsection (b) of section.
Applicability of D.C. Law 22-21: § 11 of D.C. Law 22-21 provided that the addition of this section by § 2(c) of D.C. Law 22-21 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 4242(b) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).
Editor's Notes
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.