South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-58.11 - Control of Lead and Copper
Section 61-58.11.N - Monitoring for Lead in Schools and Child Care Facilities

Universal Citation: SC Code Regs 61-58.11.N

Current through Register Vol. 48, No. 9, September 27, 2024

All community water systems must conduct directed public education and lead monitoring at the schools and child care facilities they serve if those schools or child care facilities were constructed prior to January 1, 2014, or the date the state adopted standards that meet the definition of lead free in accordance with Section 1417 of the Safe Drinking Water Act, as amended by the Reduction of Lead in Drinking Water Act, whichever is earlier. Water systems must conduct lead sampling at elementary schools and child care facilities they serve once and on request of the facility thereafter. Water systems shall also conduct lead sampling at secondary schools they serve on request. The provisions of this section do not apply to a school or child care facility that is regulated as a public water system. The provisions in paragraph (1) of this section apply until a water system samples all the elementary schools and child care facilities they serve once as specified in paragraph (3) of this section. Thereafter, water systems shall follow the provisions as specified in paragraph (7) of this section.

(1) Public Education to Schools and Child Care Facilities

(a) By the compliance date specified in R.61-58.11.B(1)(c), each water system must compile a list of schools and child care facilities served by the system.

(b) Each water system must contact elementary schools and child care facilities identified by the system in paragraph (1)(a) of this section to provide:
(i) Information about health risks from lead in drinking water on at least an annual basis consistent with the requirements of R.61-58.11.G(1);

(ii) Notification that the water system is required to sample for lead at elementary schools and child care facilities, including:
(A) A proposed schedule for sampling at the facility;

(B) Information about sampling for lead in schools and child care facilities (EPA's 3Ts for Reducing Lead in Drinking Water Toolkit, EPA-815-B-18-007 or subsequent EPA guidance); and

(C) Instructions for identifying outlets for sampling and preparing for a sampling event thirty (30) days prior to the event.

(c) The water system must include documentation in accordance with R.61-58.11.L(9) if an elementary school or child care facility is non-responsive or otherwise declines to participate in the monitoring or education requirements of this section. For the purposes of this section, a school or child care facility is non-responsive after the water system makes at least two (2) separate good faith attempts to contact the facility to schedule sampling with no response.

(d) The water system must contact all secondary schools in paragraph (1)(a) of this section on at least an annual basis to provide information on health risks from lead in drinking water and how to request lead sampling as specified in paragraph (7)(a) of this section.

(2) Lead Sampling in Schools and Child Care Facilities

(a) Five (5) samples per school and two (2) samples per child care facility at outlets typically used for consumption shall be collected. Except as provided in paragraphs (2)(a)(i) through (vi) of this section, the outlets shall not have point-of-use (POU) devices. The water system shall sample at the following locations:
(i) For schools: two (2) drinking water fountains, one (1) kitchen faucet used for food or drink preparation, one (1) classroom faucet or other outlet used for drinking, and one (1) nurse's office faucet, as available.

(ii) For child care facilities: one (1) drinking water fountain and one (1) of either a kitchen faucet used for preparation of food or drink or one (1) classroom faucet or other outlet used for drinking.

(iii) If any facility has fewer than the required number of outlets, the water system must sample all outlets used for consumption.

(iv) The water system may sample at outlets with POU devices if the facility has POU devices installed on all outlets typically used for consumption.

(v) If any facility does not contain the type of faucet listed above, the water system shall collect a sample from another outlet typically used for consumption as identified by the facility.

(vi) Water systems must collect the samples from the cold water tap subject to the following additional requirements:
(A) Each sample for lead shall be a first-draw sample;

(B) The sample must be two hundred fifty milliliters (250 ml) in volume;

(C) The water must have remained stationary in the plumbing system of the sampling site (building) for at least eight (8) hours but no more than eighteen (18) hours; and

(D) Samples must be analyzed using acidification and the corresponding analytical methods in R.61-58.11.K.

(b) The water system, school or child care facility, or other appropriately trained individual may collect samples in accordance with paragraph (2)(a) of this section.

(3) Frequency of Sampling at Elementary Schools and Child Care Facilities

(a) Water systems shall collect samples from at least twenty percent (20%) of elementary schools served by the system and twenty percent (20%) of child care facilities served by the system per year, or according to a schedule approved by the Department, until all schools and child care facilities identified under paragraph (1)(a) of this section have been sampled or have declined to participate. For the purposes of this section, a water system may count a refusal or non-response from an elementary school or child care facility as part of the minimum twenty percent (20%) per year.

(b) All elementary schools and child care facilities must be sampled at least once in the five (5) years following the compliance date in R.61-58.11.B(1)(c).

(c) After a water system has completed one (1) required cycle of sampling in all elementary schools and child care facilities, a water system must sample at the request of an elementary school or child care facility in accordance with paragraph (7) of this section.

(d) A water system must sample at the request of a secondary school as specified in paragraph (7) of this section. If a water system receives requests from more than twenty percent (20%) of secondary schools identified in paragraph (1)(a) of this section in any of the five (5) years following the compliance date in R.61-58.11.B(1)(c), the water system may schedule the requests that exceed twenty percent (20%) for the following year and is not required to sample an individual secondary school more than once in the five (5)-year period.

(4) Alternative School and Child Care Lead Sampling Programs

(a) If mandatory sampling for lead in drinking water is conducted for schools and child care facilities served by a community water system due to state or local law or program, the Department may exempt the water system from the requirements of this section by issuing a written waiver:
(i) If the sampling is consistent with the requirements in paragraphs (2) and (3) of this section; or

(ii) If the sampling is consistent with the requirements in paragraphs (2)(a)(i) through (vi) and (3) of this section and it is coupled with any of the following remediation actions:
(A) Disconnection of affected fixtures;

(B) Replacement of affected fixtures with fixtures certified as lead free; and

(C) Installation of POU devices; or

(iii) If the sampling is conducted in schools and child care facilities served by the system less frequently than once every five (5) years and it is coupled with any of the remediation actions specified in paragraph (4)(a)(ii) of this section; or

(iv) If the sampling is conducted under a grant awarded under Section 1464(d) of the SDWA, consistent with the requirements of the grant.

(b) The duration of the waiver may not exceed the time period covered by the mandatory or voluntary sampling and will automatically expire at the end of any twelve (12)-month period during which sampling is not conducted at the required number of schools or child care facilities.

(c) The Department may issue a partial waiver to the water system if the sampling covers only a subset of the schools or child care facilities served by the system as designated under paragraph (1)(a) of this section.

(d) The Department may issue a written waiver applicable to more than one (1) system (e.g., one (1) waiver for all systems subject to a statewide sampling program that meets the requirements of paragraph (4) of this section).

(5) Confirmation or Revision of Schools and Child Care Facilities in Inventory

A water system shall either confirm that there have been no changes to its list of schools and child care facilities served by the system developed pursuant to paragraph (1)(a) of this section, or submit a revised list at least once every five (5) years.

(6) Notification of results

(a) A water system must provide analytical results as soon as practicable but no later than thirty (30) days after receipt of the results to the school or child care facility, along with information about remediation options.

(b) A water system must provide analytical results annually to:
(i) The local and state health department; and

(ii) The Department in accordance with R.61-58.11.L(9).

(7) Lead Sampling in Schools and Child Care Facilities on Request

(a) A water system must contact schools and child care facilities identified in paragraph (1)(a) of this section on at least an annual basis to provide:
(i) Information about health risks from lead in drinking water;

(ii) Information about how to request sampling for lead at the facility; and

(iii) Information about sampling for lead in schools and child care facilities (EPA's 3Ts for Reducing Lead in Drinking Water Toolkit, EPA-815-B-18-007, or subsequent EPA guidance).

(b) A water system must conduct sampling as specified in paragraph (2) of this section when requested by the facility and provide:
(i) Instructions for identifying outlets for sampling and preparing for a sampling event at least thirty (30) days prior to the event; and

(ii) Results as specified in paragraph (6) of this section.

(c) If a water system receives requests from more than twenty percent (20%) of the schools and child care facilities identified in paragraph (1)(a) of this section in a given year, the water system may schedule sampling for those that exceed twenty percent (20%) for the following year. A water system is not required to sample an individual school or child care facility more than once every five (5) years.

(d) If voluntary sampling for lead in drinking water is conducted for schools and child care facilities served by a community water system that meets the requirements of this section, the Department may exempt the water system from the requirements of this section by issuing a written waiver in accordance with paragraph (4) of this section.

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