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Public Health Law (PHL) §1110 - Lead Water Testing

New York State Laws and regulations require all public school districts and Boards of Cooperative Educational Services (BOCES) to test drinking water for lead contamination. They must also act when results from compliance sampling for lead exceed the actionable threshold. When results from compliance sampling/samples of any fixture exceed the lead action level (5 micrograms per liter), it must be immediately taken out of service until actions are taken to mitigate the lead levels. Schools must notify staff, parents, and guardians of students in writing when outlets exceed the action level indicating contamination. They also need to maintain remediation plans implemented and test results, including the full laboratory reports, on their website.

Plumbing materials may add lead to drinking water. The materials include pipes, new brass faucets, and fittings, as well as valves (including those advertised as lead-free). Water not consistently in use runs the risk of having higher lead levels if the plumbing contains lead. This is why it is important to identify and address elevated levels of lead in drinking water in schools as part of reducing a child’s overall exposure to lead in the environment.

Revisions to Public Health Law (PHL) §1110, which governs school potable water testing and standards, went into effect December 22, 2022. The key revisions to the law which will require changes to Subpart 67-4 include:

  • The revised action level of lead in drinking water is 5 parts per billion (ppb), reduced from 15 ppb.
  • School buildings deemed “lead-free” are no longer exempt from testing requirements.
  • Should it be necessary to provide water to school occupants following an outlet being taken out of service due to an action level exceedance, it must be provided free of charge.
  • Copies of lead sampling results including laboratory reports and any lead remediation plans must be made available to the public and posted on the school’s website.
  • Compliance testing will occur on a triennial (every 3 years) schedule.

 

For further information visit the NYS Health Department website

 


 

Lead Water Testing Reports can be found under Our District > Administration > Assistant Superintendent for Business > Audit Reports and Financial Statements