§ 1241. Purpose
The purpose of this chapter is to require all school districts, supervisory unions,
independent schools, and child care providers in Vermont to:
(1) test drinking water in their buildings and child care facilities for lead contamination;
and
(2) develop and implement an appropriate response or lead remediation plan when sampling
indicates unsafe lead levels in drinking water at a school or child care facility. (Added 2019, No. 66, § 1, eff. June 17, 2019.)
§ 1242. Definitions
As used in this chapter:
(1) “Action level” means four parts per billion (ppb) of lead.
(2) “Alternative water source” means:
(A) water from an outlet within the building or facility that is below the action level;
or
(B) containerized, bottled, or packaged drinking water.
(3) “Building” means any structure, facility, addition, or wing that may be occupied or
used by children or students.
(4) “Child care provider” has the same meaning as in 33 V.S.A. § 3511.
(5) “Child care facility” or “facility” has the same meaning as in 33 V.S.A. § 3511.
(6) “Commissioner” means the Commissioner of Health.
(7) “Department” means the Department of Health.
(8) “Drinking water” has the same meaning as in 10 V.S.A. § 1671.
(9) “Independent school” has the same meaning as in 16 V.S.A. § 11.
(10) “Outlet” means a drinking water fixture currently or reasonably expected to be used
for consumption or cooking purposes, including a drinking fountain, an ice machine,
or a faucet as determined by a school district, supervisory union, independent school,
or child care provider.
(11) “School district” has the same meaning as in 16 V.S.A. § 11.
(12) “Supervisory union” has the same meaning as in 16 V.S.A. § 11. (Added 2019, No. 66, § 1, eff. June 17, 2019.)
§ 1243. Testing of drinking water
(a) Scope of testing.
(1) Each school district, supervisory union, or independent school in the State shall
collect a drinking water sample from each outlet in the buildings it owns, controls,
or operates and shall submit the sample to the Department of Health for testing for
lead contamination as required under this chapter.
(2) Each child care provider in the State shall collect a drinking water sample from each
outlet in a child care facility it owns, controls, or operates for lead contamination
as required under this chapter.
(b) Initial sampling.
(1) On or before December 31, 2021, each school district, supervisory union, independent
school, or child care provider in the State shall collect a first-draw sample and
a second flush sample from each outlet in each building or facility it owns, controls,
or operates. Sampling shall occur during the school year of a school district, supervisory
union, or independent school.
(2) At least five days prior to sampling, the school district, supervisory union, independent
school, or child care provider shall notify all staff and all parents or guardians
of students directly in writing or by electronic means of:
(A) the scheduled sampling;
(B) the requirements for testing, why testing is required, and the potential health effects
from exposure to lead in drinking water;
(C) information, provided by the Department of Health, regarding sources of lead exposure
other than drinking water;
(D) information regarding how the school district, supervisory union, independent school,
or child care provider shall provide notice of the sample results; and
(E) how the school district, supervisory union, independent school, or child care provider
shall respond to sample results that are at or above the action level.
(3) The Department may adopt a schedule for the initial sampling by school districts,
supervisory unions, independent schools, and child care providers.
(c) Continued sampling. Beginning January 1, 2021, each school district, supervisory union, independent school,
or child care provider in the State shall sample each outlet in each building or facility
it owns, controls, or operates for lead according to a schedule adopted by the Department
by rule under section 1247 of this title.
(d) Interim methodology. Prior to adoption of the rules required under section 1247 of this title, sampling under this section shall be conducted according to a methodology established
by the Department of Health, provided that the methodology shall be at least as stringent
as the sampling methodology provided for under the U.S. Environmental Protection Agency’s
3Ts for Reducing Lead in Drinking Water in Schools and shall include a requirement
for a first draw sample and a second flush sample.
(e) Waiver.
(1) The Commissioner shall waive the requirement that a school district, supervisory union,
independent school, or child care provider sample drinking water under this section
upon a finding that the school district, supervisory union, independent school, or
child care provider:
(A) completed sampling of all outlets in each building or facility it owns, controls,
or operates on or after November 1, 2017;
(B) conducted sampling according to a methodology consistent with the Department methodology
established under subsection (d) of this section; and
(C) implemented or scheduled remediation that ensures that drinking water from all outlets
is not at or above the action level.
(2) A school district, supervisory union, independent school, or child care provider that
receives a waiver under this subsection shall be eligible for assistance from the
State for the costs of remediation that has been implemented or scheduled as a result
of sampling conducted after April 22, 2019.
(f) Laboratory analysis. The analyses of drinking water samples required under this chapter shall be conducted
by the Vermont Department of Health Laboratory or by a certified laboratory under
contract to the Department. (Added 2019, No. 66, § 1, eff. June 17, 2019; amended 2019, No. 133 (Adj. Sess.), § 2.)
§ 1244. Response to action level; notice; reporting
If a sample of drinking water under section 1243 of this title indicates that drinking water from an outlet is at or above the action level, the
school district, supervisory union, independent school, or child care provider that
owns, controls, or operates the building or facility in which the outlet is located
shall conduct remediation to eliminate or reduce lead levels in the drinking water
from the outlet. In conducting remediation, a school district, supervisory union,
independent school, or child care provider shall strive to achieve the lowest level
of lead possible in drinking water. At a minimum, the school district, supervisory
union, independent school, or child care provider shall:
(1)(A) prohibit use of an outlet that is at or above the action level until:
(i) implementation of a lead remediation plan that is consistent with the U.S. Environmental
Protection Agency’s 3Ts for Reducing Lead in Drinking Water in Schools; and
(ii) sampling indicates that lead levels from the outlet are below the action level; or
(B) prohibit use of an outlet that is at or above the action level until the outlet is
permanently removed, disabled, or otherwise cannot be accessed by any person for the
purposes of consumption or cooking;
(2) provide occupants of the building or child care facility an adequate alternative water
source until remediation is performed;
(3) notify all staff and all parents or guardians of students directly of the test results
and the proposed or taken remedial action in writing or by electronic means within
10 school days after receipt of the laboratory report;
(4) submit lead remediation plans to the Department as they are completed;
(5) notify all staff and all parents or guardians or students in writing or by electronic
means of what remedial actions have been taken; and
(6) submit notice to the Department of Health that remediation plans have been completed. (Added 2019, No. 66, § 1, eff. June 17, 2019.)
§ 1245. Record keeping; public notification; database
(a) Record keeping. The Department of Health shall retain all records of test results, laboratory analyses,
lead remediation plans, and waiver requests for 10 years following the creation or
acquisition of the record. Records produced or acquired by the Department under this
chapter are public records subject to inspection or copying under the Public Records
Act.
(b) Public notification. On or before March 1, 2021, the Commissioner shall publish on the Department website
the data from testing under section 1243 of this title so that the results of sampling are fully transparent and accessible to the public.
The data published by the Department shall include a list of all buildings or facilities
owned, controlled, or operated by a school district, supervisory union, independent
school, or child care provider at which drinking water from an outlet tested is at
or above the action level within the previous two years of reported samples. The Commissioner
shall publish all retesting data on the Department’s website within two weeks of receipt
of the relevant laboratory analysis. The Secretary of Education shall include a link
on the Agency of Education website to the Department of Health website required under
this subsection. (Added 2019, No. 66, § 1, eff. June 17, 2019.)
§ 1246. Lead remediation plan; guidance; communication
(a) Consultation. When a laboratory analysis of a sample of drinking water from an outlet at a building
or facility owned, controlled, or operated by a school district, supervisory union,
independent school, or child care provider is at or above the action level, the school
district, supervisory union, independent school, or child care provider may consult
with the Commissioner regarding the development of a lead remediation plan or other
necessary response.
(b) Guidance; lead remediation plan. The Commissioner, after consultation with the Secretary of Natural Resources, the
Commissioner for Children and Families, and the Secretary of Education, shall issue
guidance on development of a lead remediation plan by a school district, supervisory
union, independent school, or child care provider. The guidance provided by the Commissioner
shall reference the U.S. Environmental Protection Agency’s 3Ts for Reducing Lead in
Drinking Water in Schools.
(c) Communications. The Department of Health shall develop sample communications for parents for use by
school districts, supervisory unions, independent schools, and child care providers
concerning lead in water and reducing exposure to lead under this chapter. (Added 2019, No. 66, § 1, eff. June 17, 2019.)
§ 1247. Rulemaking
(a) The Commissioner shall adopt rules under this chapter to achieve the purposes of this
chapter.
(b) On or before November 1, 2020, the Commissioner, with continuing consultation with
the Secretary of Natural Resources, the Commissioner for Children and Families, and
the Secretary of Education, shall adopt rules regarding the implementation of the
requirements of this chapter. The rules shall include:
(1) requirements or guidance for taking samples of drinking water from outlets in a building
or facility owned, controlled, or operated by a school district, supervisory union,
independent school, or child care provider that are no less stringent than the requirements
of the U.S. Environmental Protection Agency’s 3Ts for Reducing Lead in Drinking Water
in Schools and that include a first draw sample and second flush sample;
(2) the frequency and scope of continued sampling of outlets by school districts, supervisory
unions, independent schools, and child care providers, provided that the Department
may stagger when continued sampling shall occur by school or provider, school type
or provider type, or initial sampling results;
(3) requirements for implementation of a lead mitigation plan or other necessary response
to a report that drinking water from an outlet is at or above the action level; and
(4) any other requirements that the Commissioner deems necessary for the implementation
of the requirements of this chapter. (Added 2019, No. 66, § 1, eff. June 17, 2019.)
§ 1248. Enforcement; penalties
In addition to any other authority provided by law, the Commissioner of Health or
a hearing officer designated by the Commissioner may, after notice and an opportunity
for hearing, impose an administrative penalty of up to $500.00 for a violation of
the requirements of this chapter. The hearing before the Commissioner shall be a contested
case subject to the provisions of 3 V.S.A. chapter 25. (Added 2019, No. 66, § 1, eff. June 17, 2019.)