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

 

(Source:  Amended at 50 Ill. Reg. 2531, effective February 17, 2026)