New Jersey Administrative Code
Title 6A - EDUCATION
Chapter 26 - EDUCATIONAL FACILITIES
Subchapter 12 - SAFETY REQUIREMENTS FOR SCHOOL FACILITIES
Section 6A:26-12.4 - Safe drinking water

Universal Citation: NJ Admin Code 6A:26-12.4

Current through Register Vol. 56, No. 6, March 18, 2024

(a) The rules in this subchapter for the provision of safe drinking water shall apply to all New Jersey public school districts, charter schools, renaissance schools, jointure commissions, educational services commissions, approved private schools for students with disabilities acting under contract to provide educational services on behalf of New Jersey public school districts, State-funded early childcare facilities pursuant to N.J.A.C. 6A:13A, and receiving schools as defined by N.J.A.C. 6A:14-7.1(a) . Throughout this subchapter, "district board of education" refers to the governing authority for all of the entities identified in this subsection, unless otherwise indicated.

(b) District boards of education shall assure the availability of potable drinking water through sanitary means in school facilities or upon school grounds in accordance with the Safe Drinking Water Act, N.J.S.A. 58:12A-1 et seq., the rules promulgated pursuant thereto, N.J.A.C. 7:10 and 6A:26-6, Planning and Construction Standards for School Facilities.

(c) Testing of school drinking water quality shall be in accordance with the Safe Drinking Water Act, N.J.S.A. 58:12A-1 et seq., the rules promulgated pursuant thereto, N.J.A.C. 7:10 and 6A:26-6, Planning and Construction Standards for School Facilities.

(d) All district boards of education shall conduct lead sampling and analysis, as described in (d) 1 and 2 below, in all drinking water outlets to which a student or staff member has, or may have, access, in each school facility, other facility, or temporary facility, as those terms are defined in this chapter. Any district board of education granted an extension of time to conduct initial testing beyond the July 13, 2017, deadline shall complete the initial testing no later than July 13, 2018. District boards of education that completed initial testing prior to July 13, 2017, shall perform follow-up testing in accordance with the schedule in (g) below.

1. Sampling shall be conducted in accordance with a lead sampling plan, which shall include:
i. A plumbing survey for each facility that identifies how water enters and flows through each facility, the types of plumbing materials used in the facility, such as the service line, piping, solder, fixtures, drinking water outlets where students or staff have or may have access, and point of use treatment, such as drinking water filters;

ii. The names and responsibilities of all individuals involved in sampling; and

iii. The following sampling procedures:
(1) Samples shall be taken after water has sat, undisturbed in the school pipes for at least eight hours but no more than 48 hours before the sample is taken. (A) 24-hour school facilities shall collect first-draw samples at drinking water outlets following a stagnation time that would likely result in the longest standing time;

(2) At least eight hours prior to sampling, signs shall be posted to indicate that water shall not be used and access to the buildings subject to the sampling shall be restricted to all but authorized staff members;

(3) Existing aerators, screens, and filters shall not be replaced or removed prior to or during sampling; and

(4) All samples shall be collected in pre-cleaned high-density polyethylene (HDPE) 250 milliliter (mL) wide-mouth single-use rigid sample containers that are properly labeled.

2. Analysis of samples shall be conducted as follows:
i. Analysis shall be conducted by a certified laboratory to analyze for lead in drinking water;

ii. The laboratory shall use an approved analytical method pursuant to the Federal Safe Drinking Water Act at 40 CFR 141.23(k)(1); and

iii. Sample analysis shall be conducted in accordance with a Quality Assurance Project Plan (QAPP), which shall be signed by the district board of education, the certified laboratory, and the individual responsible for conducting sampling. The QAPP shall include the identification of analytical methods, chain of custody procedures, data validation and reporting processes, detection limits, reporting to three significant figures, field blanks, and quality control measures required by the certified method.

3. The Department, in consultation with the Department of Environmental Protection (DEP), will develop a technical guidance manual to assist district boards of education in complying with the sampling and analysis requirements of this subchapter.

(e) The district board of education, or its designee, shall complete a review of final laboratory results within 72 hours of receipt. Within 24 hours after the district board of education, or its designee, has reviewed the final laboratory results, the district board of education shall:

1. Make the test results of all water samples publicly available at the school facility in accordance with (f) below and make the results from the most recent required Statewide testing available on the district board of education's website; and

2. If any results exceed the permissible lead action level, provide written notification to the parents/guardians of all students attending the facility, facility staff, and the Department. This written notification shall also be posted on the district board of education's website and shall include a description of the following:
i. Measures taken by the district board of education, or its designee, to immediately end use of each drinking water outlet where water quality exceeds the permissible lead action level;

ii. Any additional remedial actions taken or planned by the district board of education;

iii. The measures taken to ensure that alternate drinking water has been made available to all students and staff members at the school(s) where the water outlet(s) is located; and

iv. Information regarding the health effects of lead.

(f) The district board of education's test results of all water samples shall remain publicly available in accordance with the timeline established by the Department of the Treasury in the Records Retention Schedule under record series number 0021-0000, which is available at http://www.nj.gov/treasury/revenue/rms/pdf/m700104_001.pdf.

(g) Notwithstanding the results or date of any prior testing, all district boards of education shall continue to test drinking water outlets as provided below in the designated Statewide required testing year, which shall be every third school year beginning with the 2021-2022 school year and subsequently occurring in the 2024-2025 school year:

1. By no later than June 30 of the designated Statewide required testing year, all district boards of education shall test all drinking water outlets. Sampling shall be prioritized, such that buildings and facilities that previously had outlets with results above the action level or identified in the plumbing profile as high risk for lead shall be sampled first in accordance with the sampling plan; and

2. All district boards of education shall sample for lead after the replacement of any drinking water outlet or any other alteration to plumbing or service lines that may impact lead levels at the outlet.

(h) If district boards of education test drinking water outlets for lead more frequently than the three-year cycle set forth at (g)1 above, the notification requirements set forth in (e) and (f) above shall apply.

1. District boards of education that test drinking water outlets more frequently in accordance with (h) above shall make the most recent results for each facility available on the district board of education's website.

(i) All district boards of education shall submit to the Department by June 30 each year a statement of assurance that lead testing was completed in accordance with this section, that notifications were provided consistent with this section, and that alternate drinking water continues to be made available to all students and staff in accordance with this section.

(j) District boards of education may request an exemption from the testing requirements set forth in (d) above if they can demonstrate that they do not use any drinking water outlets for consumption or food preparation in any of their facilities. District boards of education seeking an exemption pursuant to this provision shall submit an application to the Department documenting that no drinking water outlets are used in their facilities and the provisions for an alternative source of drinking water. A district board of education that receives an exemption from the Department from testing pursuant to this subsection shall make available for public inspection at the school facility and on the district board of education's website, if applicable, confirmation that the district board of education is exempt from testing. No later than June 30 of each Statewide required testing school year as set forth in (g) above, a district board of education shall either begin testing procedures in accordance with (g) above or reapply for an exemption under this subsection.

(k) All district boards of education shall be eligible to be reimbursed for the water supply testing and analysis conducted pursuant to (g) above after July 1, 2021, as approved by the Department and subject to available funds. To be eligible to receive reimbursement, the district board of education shall complete and submit to the Department a reimbursement application on a form, or in a format, supplied by the Department. The Department will make the reimbursement application available on its website. Nonpublic schools that conducted testing in accordance with (g) above after July 1, 2021, may submit a reimbursement application to the Department, approval of which is subject to available funds. A school district that conducts additional testing in a year other than the Statewide required testing school year as set forth in (g) above shall not be eligible for reimbursement.

(l) A district board of education's failure to comply with any requirement in this section may result in any of the following:

1. The district board of education's disqualification for reimbursement pursuant to (k) above;

2. The Department's initiation of an investigation by the Office of Fiscal Accountability and Compliance; and

3. The Commissioner's withholding of State aid pursuant to N.J.A.C. 6A:2-1.2.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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