Code of Federal Regulations Title 7. Agriculture § 7.1214.104 Subagents

1. In addition to school districts already classified as a public water system under parts 141 and 142 of title 40 of the code of federal regulations, as such regulations may, from time to time, be amended, every school district and board of cooperative educational services shall conduct periodic first-drawn tap testing of potable water systems to monitor for lead contamination in each occupied school building under its jurisdiction as required by regulations promulgated pursuant to this section.  The testing shall be conducted and the results analyzed by an entity or entities approved by the commissioner.

2. Where a finding of lead contamination is made, the affected school district shall:  (a) continue first-drawn tap water testing pursuant to regulations promulgated pursuant to this section;  (b) provide school occupants with an adequate supply of safe, potable water for drinking as required by rules and regulations of the department until future tests indicate lead levels pursuant to regulations promulgated pursuant to this section;  and (c) provide parents or persons in parental relation to a child attending said school with written notification of test results as well as posting such test results on the school district's website.

3. First-drawn tap testing shall not be required for school buildings that have been deemed “lead-free” as defined by section 1417 of the federal safe drinking water act.

4. The commissioner, in consultation with the commissioner of education, shall promulgate regulations to carry out the provisions of this section.  Notwithstanding any other provision of law to the contrary, the regulations promulgated with regard to lead levels shall be consistent with the requirements for those school districts classified as a public water system under parts 141 and 142 of title 40 of the code of federal regulations as such regulations may, from time to time, be amended.

5. The commissioner may grant a waiver from the testing requirements of this section for certain school buildings, provided that, the school district has substantially complied with the testing requirements and has been found to be below lead levels as determined by regulations promulgated pursuant to this section for such buildings.

6. Each school district and board of cooperative educational services conducting testing pursuant to subdivision one of this section and each school district classified as a public water system under parts 141 and 142 of title 40 of the code of federal regulations, as such regulations may, from time to time, be amended, shall make a copy of the results of all such testing and any lead remediation plans available to the public on its website and any additional means as chosen by such district.  A copy of the results of all testing shall also be immediately transmitted to the department and state education department in a format to be determined by the commissioner and to the county department of health in the local jurisdiction of the school building.  The commissioner of education, in conjunction with the commissioner, shall publish a report biennially based on the findings from the tap water testing conducted according to the provisions of this section.  Such report shall be sent to the commissioner, the governor, the temporary president of the senate, and the speaker of the assembly and shall be made available on the department's and state education department's websites.