NJDOE Testing for Lead in School Drinking Water Oct 29, 2016

Testing for Lead in School Drinking Water On July 13, 2016, the State Board of Education adopted regulations regarding testing for lead in drinking water in public schools throughout New Jersey. The regulations require testing for lead in all drinking water outlets within 365 days of the effective date of the regulations, which was July 13, 2016. In accordance with the regulations, schools may only seek reimbursement for costs incurred after the effective date of the regulations .

Testing for Lead in School Drinking Water Who is included? School districts Charter schools Renaissance schools Jointure commissions Educational services commission 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, Receiving schools as defined by N.J.A.C. 6A:14-7.1(a)

Testing for Lead in School Drinking Water Eligible Expenses Collection of samples Cost of an outside service provider like the testing lab Cost for district employees Must include details on individuals completing this work, salary levels and specific hours of work. This will be subject to audit Testing and analysis by a certified lab For all initial samples Flush samples - only for if the initial sample exceeded This follows the US EPA 3Ts guidelines All “Blanks” which are required 1 per building

Testing for Lead in School Drinking Water Reimbursement Process We are limited to $10 million We do not know if this will be adequate to cover all eligible costs While we will be accepting reimbursement requests at any time we will not be processing them until Spring 2017 at the earliest Before reimbursements can be processed we must determine whether there is adequate funding for all districts’ costs If there is not, reimbursement amounts will be paid on a pro rata basis.

Testing for Lead in School Drinking Water Reimbursement Process One single reimbursement per “district” Submit when all testing is completed Submitted to your Dept of Education County Office Details of the actual submission process are still being developed Must include copies of the certified laboratory’s invoice(s) breaking out the cost per sample for sample collection, testing and analysis. If the lab will be doing sample collection this can be included in the “cost per sample” with a statement saying “the cost per sample includes collection and testing”. Reimbursement Request will include a signed Statement of Assurance

Testing for Lead in School Drinking Water

Accounting Details Descriptions of new accounts from the draft 2016-17 Chart of Accounts: Expense Code: 421 District expenses for lead testing of drinking water (pursuant to new code N.J.A.C. 6A:26-12.4(d)) will be recorded in the general fund in new object code 421.  This line will be included in the Required Maintenance program (new account number 11-000-261-421, new line number 48530) Revenue Code: 3300 Revenue to districts for state reimbursement for lead testing will be recorded in general fund in new revenue code 3300, new line number 505, in the general fund Revenue from State Sources section. Expenses for any capital items likely to include major repairs to, or replacements of systems related to water delivery, that are required to be performed as a result of the required testing would follow the existing accounting for capital expenditures (Fund 12 or Fund 30). 

Exemption Request A district board of education may apply to the Department for an exemption from the initial testing if they can demonstrate that it complied with or exceeded the testing requirements within five years prior to the effective date of the regulation. These requests will be submitted electronically to leadtesting@doe.state.nj.us Required in Subject line: Exemption Request “complied with or exceeded” means meeting the DEP Guidlines Complete the DEP Guidance Checklist document Include your Sampling Plan And your test results

Additional Exemption Request  A District may request an exemption from the testing requirements if they can demonstrate that they do not use any drinking water outlets for consumption or food preparation in any of their facilities. Submit a Statement of Assurance to leadtesting@doe.state.nj.us Required in Subject line: Exemption Request Still being developed Executive County Business Administrators will verify each request

Example of Exemption Request

Request for Extension of 365 Day Deadline District boards of education may apply to the Department for an extension of this deadline of up to one year, upon written demonstration that there is no certified laboratory available to conduct testing within the 365-day timeframe. Include testing requests to at least three certified laboratories Formal responses from the laboratories showing that the testing could not be completed within the designated time period. We will develop a Request Form next spring when this may become an issue Submit to leadtesting@doe.state.nj.us Required in Subject line: Extension Request

Notification to DOE of High Results If any results exceed the permissible lead action level, provide written notification to the parents/guardians of all students attending the facility, as well as to the Department. This notification shall include: Description of the measures taken to immediately end use of each “exceeding” drinking water outlet The measures taken to ensure that alternate drinking water has been made available. Information regarding the health effects of lead. Send this notification to leadtesting@doe.state.nj.us Required in Subject line: High Results Notice Include a copy of the communication that was sent to parents/guardians.

Testing for Lead in School Drinking Water Annual Statement of Assurance Each district will annually submit to the Department a statement of assurance that it is compliant with the requirements of this subchapter. Sample on next page

Testing for Lead in School Drinking Water

http://www.nj.gov/dep/watersupply/dwc-lead-schools.html

Only a portion of the list – see handout From NJDEP website http://datamine2.state.nj.us/DEP_OPRA/OpraMain/categories?category=Certified+Laboratories Only a portion of the list – see handout

Robbinsville HS floorplan with sample sites