State law requires districts to address water quality in schools.
Code of the District of Columbia 38-825.01a. Prevention of lead in drinking water in schools.
- (1) The Department of General Services (“DGS”) shall:
- (A) Locate all drinking water sources at each public school and install a barcode on each of the drinking water sources;
- (B) Install a filter that reduces lead in drinking water on each drinking water source in each public school and maintain the filters, at a minimum, in a manner consistent with the manufacturer’s recommendations. Filters or all of the filter’s component parts shall be certified for lead reduction to the National Sanitation Foundation (“NSF”)/American National Standard Institute (“ANSI”) Standard 53 for Health Effects or NSF/ANSI Standard 61 for Health Effects;
- (C) Post a conspicuous sign near each water source at public schools that is not a drinking water source, which includes an image that clearly communicates that water from the water source should not be used for cooking, where applicable, or consumed;
- (D) Provide an annual schedule for testing drinking water sources at each public school to the Chief Operating Officer of the District of Columbia Public Schools (“COO”) for distribution to parents or guardians of children at each public school at the start of each school year;
- (E) Test all drinking water sources at each public school for lead annually;
- (F) If a test conducted pursuant to subparagraph (E) of this paragraph shows a lead concentration over 5 parts per billion:
- (i) Shut off the drinking water source as soon as possible but no later than 24 hours after receiving the test result and keep the drinking water source shut off until a subsequent test shows that the lead concentration level is not over 5 parts per billion;
- (ii) Determine, in writing, which remediation steps should be implemented to address the elevated lead concentration level;
- (iii) Send the test result and remediation steps to the COO within 5 business days of receiving the test result;
- (iv) Update the list described in subparagraph (G) of this paragraph within 5 business days of receiving the test result to reflect the test result and remediation steps; and
- (v) Notify the COO and update the list described in subparagraph (G) of this paragraph within 5 business days of completion of the remediation steps required by sub-subparagraph (ii) of this subparagraph; and
- (G) Publish on the DGS website a list of drinking water sources in each public school that describes, for each drinking water source:
- (i) The date and results of the most recent lead test performed;
- (ii) The date the current filter was installed;
- (iii) The date when the filter will next be replaced;
- (iv) The barcode identification number; and
- (v) Any remediation steps that will be or have been taken.
- (2) When the COO receives a test result, pursuant to paragraph (1)(e)(iii) of this subsection, or a notice of completion of remediation steps, pursuant to paragraph (1)(e)(v) of this subsection, the COO shall, within 2 business days of receiving such information, publish the information on the District of Columbia Public Schools website and send the information to parents or guardians of children attending the public school through email or other written communication. (b) [Not funded]. (c) Nothing in this section is intended to, or does, create a private right of action against any person or entity based upon compliance or noncompliance with its provisions. No person or entity may assert any claim or right as a beneficiary or protected class under this section in any civil, criminal, or administrative action against the District of Columbia. (d) Within 120 days of the September 23, 2017, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this section, including rules by which the Department of General Services shall reimburse public charter schools for the reasonable costs incurred in complying with subsection (b)(2) of this section.
Code of the District of Columbia 38–2803. Multiyear Facilities Master Plan.
(E) The Department of General Services, which shall: (i) Implement the Master Facilities Plan consistent with the policy priorities set forth in this subchapter; and (ii) In collaboration with the Deputy Mayor for Education, DCPS, and the Public Charter School Board, conduct an annual survey to update information on the condition of each DCPS and public charter school facility, including whether each facility has a working carbon monoxide detector, the results of the most recent water tests at each facility for sources of lead, and potential asbestos hazards at each facility. The survey results shall be disaggregated by facility, made publicly available, and transmitted to OPEFP.
Code of the District of Columbia 38–825.01. Environmental programs office.
- (1) An environmental programs office is established in the Department of General Services and shall:
- (A) Contract with vendors to recycle all materials required by District law at all public schools, including food services, by December 31, 2010, and provide technical assistance to public charter schools about recycling[;]
- (B) Develop a master recycling plan for public schools on or before December 31, 2011 to reach a system-wide diversion rate of 45% by August 1, 2015;
- (C) Analyze utility usage at each public school and develop a plan to reduce that amount by 20% on or before August 1, 2015;
- (D) Establish an integrated pest management program;
- (E) Repealed.
- (F) Comply with the Environmental Protection Agency’s Lead; Renovation, Repair, and Painting Program, established by 40 C.F.R. Part 745;
- (G) Post the results of its environmental testing online;
- (H) Promote the Environmental Protection Agency’s Indoor Air Quality Tools for Schools Program to reduce exposure to environmental factors that impact asthma among children and adults in public schools;
- (I) Develop an electronic recycling policy for public schools on or before December 31, 2011; and
- (J) Establish a composting program in the District of Columbia Public Schools.
- (2) The contracts under paragraph (1)(A) of this subsection shall be negotiated to provide a financial incentive to reduce the amount of waste created in public schools and, when possible, to increase diversion rates in public schools[.] (b) The District of Columbia Public Schools shall:
- (1) Use environmentally friendly cleaning supplies in public schools; provided, that the agency may exhaust its current supply of conventional cleaners; and
- (2) Prepare and transmit to the Mayor, the Council, and the Healthy Youth and Schools Commission, on or before December 31, 2012, a plan to use sustainable products in serving meals to students. (c) On or before December 31, 2012, the Mayor shall prepare and transmit to the Council a comprehensive report describing the implementation of recycling, composting, energy-reduction, pest management, air quality, and environmentally friendly cleaning supplies programs in public schools. The report shall include:
- (1) A thorough, school-by-school breakdown of the waste stream in public schools, including tonnages, components, and diversion rates;
- (2) Baseline energy usage, an analysis of usage patterns, and savings achieved;
- (3) Recommendations and a timeline for further implementing these programs; and
- (4) A proposal for recognizing and rewarding schools that significantly improve their environmental portfolio.