(1) The United States Environmental Protection Agency has determined that:
(A) lead is a toxic metal that is harmful to human health;
(B) children are at a greater risk from lead exposure than adults; and
(C) there is no safe level of lead for children.
(2) MD Code, Environment, §§ 6-1501 and 6-1502 require public and nonpublic schools to:
(A) regularly test for lead in drinking water outlets located in each occupied school building;
(B) within 24 hours, prevent all physical access to water from a drinking water outlet with an elevated level of lead until the problem is mitigated; and
(C) report the results of all lead testing to the Maryland Department of the Environment.
(3) A lead level in a drinking water outlet greater than 5 parts per billion is a danger to children in public schools.
(b) Definitions. In this Section, the following words have the following meanings:
Action level means a level of lead in water, which if exceeded, requires a school to take remedial action, notification, and follow-up-sampling.
Director means the Director of the Department of Environmental Protection or the Director’s designee.
Drinking water outlet means a potable water fixture that is used for drinking or food preparation. A drinking water outlet includes:
(1) a water fountain, faucet, or tap that is used or potentially used for drinking or food preparation;
(2) an ice-making machine;
(3) a hot drink machine; and
(4) any sink that is known to be used for human consumption.
County lead limit means a lead concentration in drinking water of 5 parts per billion in a 250 milliliter first-draw.
Public school means a school operated by the Montgomery County Board of Education or a public charter school established by the Montgomery County Board of Education.
State regulations means the Code of Maryland Regulations, Title 26, Department of the Environment, Subtitle 16, Lead, Chapter 07, Lead in Drinking Water – Public and Nonpublic Schools, as amended.
(c) Action level. A public school must:
(1) complete all testing and reporting required by the State regulations;
(2) submit a copy of all test results and reports required by the State regulations to the Director; and
(3) take the remedial action, notification, and follow-up sampling required for an elevated level of lead under the State regulations for any drinking water outlet with a lead concentration that is greater than the County lead limit.
