35 Ill. Adm. Code 6110.611.362
Monitoring for Lead in Schools and Childcare Facilities
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 611 PRIMARY DRINKING WATER STANDARDS
SECTION 611.362 MONITORING FOR LEAD IN SCHOOLS AND CHILDCARE FACILITIES
Section 611.362
Monitoring for Lead in Schools and Childcare Facilities
a)
General requirements.
1) All CWS
suppliers must conduct public education and lead monitoring at the schools and childcare
facilities they serve unless those schools or childcare facilities:
A) Were constructed or had full plumbing replacement on or after
January 1, 2014, or the date the Agency adopted standards that meet the
definition of lead free in compliance with section 1417 of the Safe Drinking
Water Act, as amended by the Reduction of Lead in Drinking Water Act, whichever
is earlier; and
B) Are not served by a lead, a galvanized requiring replacement,
or an unknown service line
2) The
provisions of this section do not apply to a school or childcare facility that
is regulated as a public water system.
b)
List of schools and childcare facilities.
1) All CWS
suppliers must compile a list of schools and childcare facilities they serve
that meet the criteria of subsection (a) and submit the list to the Agency in compliance
with Section 611.360(i)(1) by the compliance date specified in Section
611.350(a)(3).
2)
Within five years following the compliance
date in Section 611.350(a)(3) and at least once every five-year period after,
all CWS suppliers must either certify in writing to the Agency there have been
no changes to the list of schools and childcare facilities or submit a revised
list to the Agency in compliance with Section 611.360(i)(3)(A).
c)
Public education to schools and childcare
facilities.
1)
At least once a year beginning with the
compliance date in Section 611.350(a)(3), CWS suppliers must contact all
schools and childcare facilities identified by the supplier in subsection (b)
to provide information about the health risks from lead in drinking water
consistent with the content requirements of Section 611.355(a)(1)(B) through
611.355(a)(1)(D) and (F).
2)
Within the first five years following the
compliance date in Section 611.350(a)(3), CWS suppliers must:
A) Notify elementary schools and childcare facilities, in compliance
with the frequency requirements in subsection (d)(1), that they are eligible to
be sampled for lead by the supplier. This notice must include:
i) A proposed schedule for sampling at the facility; and
ii) Information about sampling for lead in schools and childcare
facilities (EPA's 3Ts for Reducing Lead in Drinking Water Toolkit,
EPA-815-B-18-007, or subsequent EPA guidance).
B) Notify all secondary schools identified in subsection (b) at
least once a year that they are eligible to be sampled for lead by the CWS
supplier on request. The notice must provide:
i) Information on how to request sampling for lead at the
facility; and
ii) Information about sampling for lead in schools and childcare
facilities (EPA's 3Ts for Reducing Lead in Drinking Water Toolkit,
EPA-815-B-18-007, or subsequent EPA guidance).
3) Starting
with the sixth year after the compliance date in Section 611.350(a)(3), a CWS
supplier must contact all elementary schools, secondary schools, and childcare
facilities identified in subsection (b) to notify them that they are eligible
to be sampled for lead by the CWS supplier on request and provide the
information in subsections (c)(2)(B)(i) and (ii).
4) Thirty
days prior to any sampling event, CWS suppliers must provide schools and childcare
facilities with instructions to identify outlets for lead sampling and prepare
for a sampling event.
d)
Frequency of sampling at elementary schools
and childcare facilities.
1) Within
the first five years following the compliance date in Section 611.350(a)(3), CWS
suppliers must collect samples from at least 20 percent of the total of
elementary schools served by the supplier per year and at least 20 percent of
the total of childcare facilities served by the supplier per year, or according
to an alternative schedule approved by the Agency, until all elementary schools
and childcare facilities identified under subsection (b) have been sampled once
or have declined to participate or are non-responsive.
A) CWS
suppliers must provide documentation to the Agency in compliance with Section
611.360(i)(3)(C)(iv) and (v) if an elementary school or childcare facility is
non-responsive or otherwise declines to participate in the monitoring or
education requirements of this section. For the purposes of this section:
i) A CWS supplier may consider an elementary school or childcare
facility non-responsive after the CWS supplier makes at least two separate
outreach attempts to contact the facility to schedule sampling and does not
receive any response on either attempt; and
ii) A CWS
supplier may count a refusal or non-response from an elementary school or childcare
facility as part of the minimum 20 percent of elementary schools and childcare
facilities sampled per year.
B) This
subsection (B) corresponds with 40 CFR 141.92(d)(1)(B), which USEPA removed and
reserved. This statement maintains structural consistency with the federal
regulations.
2) Starting
with the sixth year after the compliance date in Section 611.350(a)(3), CWS
suppliers must conduct sampling as specified in subsection (f) when requested
by an elementary school or childcare facility.
A) A CWS supplier is not required under this subsection (d)(2) to
sample more than 20 percent of the elementary schools and childcare facilities
identified in subsection (b) in any given year. A CWS supplier is not required
under this subsection (d)(2) to sample an individual elementary school or childcare
facility more than once in any five-year period.
B) This subsection (B) corresponds with 40 CFR 141.92(d)(2)(B),
which USEPA removed and reserved.
3) The first
time a supplier includes an elementary school or childcare facility in an
update to the list of schools and childcare facilities required to be submitted
to the Agency in subsection (b)(2), the supplier must conduct outreach at those
elementary schools and childcare facilities as specified in subsection (c)(2)
once prior to conducting sampling in compliance with subsection (d)(2).
A) A CWS supplier may consider an elementary school or childcare
facility non-responsive after the CWS supplier makes at least two separate
outreach attempts to contact the facility to schedule sampling and does not
receive any response on either attempt.
B) This subsection (B) corresponds with 40 CFR 141.92(d)(3)(B),
which USEPA removed and reserved. This statement maintains structural
consistency with the federal regulations
e)
Frequency of sampling at secondary schools
.
1) Starting with the compliance date in Section 611.350(a)(3), CWS
suppliers must conduct sampling as specified in subsection (f) when requested
by a secondary school
2) A CWS supplier is not required under this subsection (e) to
sample more than 20 percent of the secondary schools identified in subsection
(b) in any given year. A CWS supplier is not required under this subsection
(e) to sample an individual secondary school more than once in any five-year
period.
f) Lead sampling protocol for
schools and childcare facilities.
1) CWS
suppliers must collect five samples per school and two samples per childcare
facility at outlets typically used to provide water for human consumption. Except
as provided in subsections (f)(1)(C) through (E), the outlets cannot have
point-of-use devices. The CWS supplier must sample the following types and
number of outlets:
A) For schools, two drinking water fountains, one kitchen faucet
used for drinking or cooking, one classroom faucet or other outlet used to
provide water for human consumption, and one nurse's office faucet, as
available.
B) For childcare facilities, one drinking water fountain, and one
of either a kitchen faucet used for drinking or cooking or one classroom faucet
or other outlet used to provide water for human consumption.
C) If any school or childcare facility has fewer than the required
number of outlets, the CWS supplier must sample all outlets used to provide
water for human consumption.
D) The CWS supplier may sample at outlets with point-of-use
devices if the facility has point-of-use devices installed on all outlets
typically used to provide water for human consumption or if the school or childcare
facility has fewer than the required number of outlets.
E) If any
school or childcare facility does not contain the type of outlet listed in subsections
(f)(1)(A) through (D), the CWS supplier must collect a sample from another
outlet typically used to provide water for human consumption as identified by
the facility, to meet the required number of samples provided in this subsection
(f)(1).
2) CWS
suppliers must collect the samples from the cold water tap subject to the
following additional requirements:
A) Each
sample for lead must be a first draw sample;
B) The sample
must be 250 ml in volume;
C) The water must have remained stationary in the plumbing system
of the sampling site (building) for at least 8 but no more than 18 hours; and
D) Samples must be analyzed using acidification and the
corresponding analytical methods in Section 611.359.
3) CWS suppliers, school, or childcare facility staff, or other
appropriately trained individuals must collect samples in compliance with
subsection (f)(1) and (2).
g)
Notification of results.
1) CWS
suppliers must provide sampling results, regardless of lead sample
concentration, as soon as practicable but no later than 30 days after receipt
of the results to:
A) The
sampled school or childcare facility, along with information about potential
options to remediate lead in drinking water (consistent with EPA's 3Ts for
Reducing Lead in Drinking Water Toolkit, EPA-815-B-18-007, or subsequent EPA
guidance);
B) The local
and State health department; and
C) The Agency
in compliance with Section 611.360(i).
BOARD NOTE: USEPA has guidance
available from USEPA, National Center for Environmental Publications: "3Ts
for Reducing Lead in Drinking Water in Schools and Childcare Facilities: A
Training, Testing, and Taking Action Approach, Revised Manual" (October
2018), USEPA, Office of Water, doc. no. EPA 815-B-18-007 (search: "815B18007")
and "U.S. EPA 3Ts Program Training, Testing & Taking Action: Lead
Sample Collection Field Guide for Schools and Childcare Facilities" (July
2022), USEPA, Office of Water, doc. no. EPA 815-F-22-009 (search: "815F22009")
or subsequent EPA guidance.
2) This
subsection (g)(2) corresponds with 40 CFR 141.92(g)(2), which USEPA removed and
reserved. This statement maintains structural consistency with the federal
regulations
h) Alternative school and childcare lead sampling programs.
1) If schools and childcare facilities served by a CWS supplier
are sampled for lead in drinking water under a State or local law or program,
the Agency may exempt one or more CWS(s) suppliers from the sampling
requirements of this section by issuing a written waiver:
A) If the sampling meets the frequency requirements in subsection
(d) for elementary schools and childcare facilities and subsection (e) for
secondary schools and the protocol requirements in subsection (f); or
B) If the sampling meets the frequency requirements in subsection
(d) for elementary schools and childcare facilities and subsection (e) for
secondary schools and the protocol requirements in subsection (f) with the
exception of sample size and stagnation time in subsections (f)(2)(B) and (C)
and the sampling is conducted in addition to any of the following actions to
remediate lead in drinking water:
i) Disconnect affected fixtures;
ii) Replace affected fixtures with fixtures certified as lead
free; and
iii) Install and maintain point-of-use devices certified by an
American National Standards Institute accredited certifier to reduce lead
levels; or
C) If the sampling is conducted in schools and childcare
facilities served by the CWS supplier less frequently than once every five
years and that sampling is conducted in addition to any of the actions to
remediate lead in drinking water specified in subsection (h)(1)(B); or
D) If the school or childcare facility maintains point-of use treatment
devices as defined in Section 611.101 on all outlets used to provide water for
human consumption; or
E) If the sampling is conducted under a grant awarded under
section 1464(d) of the SDWA, consistent with the requirements of the grant and
at least the minimum number of samples required in subsection (f) are
collected.
2) The duration of the waiver cannot exceed the time period
covered by the sampling and will automatically expire at the end of any
12-month period during which sampling is not conducted at the required number
of schools or childcare facilities.
3) The Agency must only issue a waiver to the CWS supplier for
the subset of the schools or childcare facilities served by the supplier as
designated under subsection (b) that are sampled under an alternative program
as described in subsection (h)(1).
4) The Agency may issue a written waiver applicable to more than
one CWS supplier (e.g., one waiver for all CWS suppliers subject to a statewide
sampling program that meets the requirements of this subsection (h)).
5) The Agency may issue a waiver for CWS suppliers to conduct the
sampling requirements for the first five years following the compliance date in
Section 611.350(a)(3) in the schools and childcare facilities that were sampled
for lead between January 1, 2021, and the compliance date in Section 611.350(a)(3)
that otherwise meets the requirements of subsection (h)(1).
BOARD NOTE:
This Section derives
from
40 CFR 141.92