The following entities must meet the NJDOE lead in school drinking water testing and reporting requirements:

• All New Jersey public school districts;
• Charter and Renaissance schools;
• Jointure and Educational services commissions;
• 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 (contracted childcare and Head Start programs); and
• Receiving schools as defined by N.J.A.C. 6A:14-7.1(a).

All entities are required to test on the same three-year cycle during the 2021-2022 school year and subsequently during the 2024-2025 school year.

Testing must be completed by June 30 of the designated required testing year.

Testing of lead in drinking water must also be completed after the replacement of any drinking water outlet (faucet, sink, water cooler, etc.) or any alteration to plumbing that may affect lead levels at the outlet.

Yes. The NJDOE rules require that State-funded early childcare facilities pursuant to N.J.A.C. 6A:13A (early childcares and head-starts contracted with districts) must test during the same designated three-year testing cycle- 2021-2022 school year and subsequently 2024-2025.  

Any water outlet that provides water for human consumption in which a student or staff has, or may have access, in each school facility, other facility, or temporary facility must be tested for lead in drinking water. It must be determined by the school which water outlets are used for consumption and/or food preparation.

Drinking water outlets include: kitchen faucets, food preparation faucets, drinking water fountains (indoor and outdoor), water coolers connected to the school water supply (not supplied bottle water), sinks with bubblers, nurse’s office sinks, teacher lounge sinks, home economic sinks, ice machines and any other water outlet identified as being used for human consumption.

Any drinking water from outlets that are not used for human consumption are not required to be sampled. Do not sample non-drinking water outlets, such as bathroom faucets, hose bibs, showers, soak tubs, etc. unless the outlet has been identified as being used for consumption and/or food preparation.

Yes. Sampling and analysis must be completed for all drinking water outlets to which a student or staff member has, or may have, access, in each school facility, other facility, or temporary facility. There is no exemption within the regulations for drinking water outlets that have treatment, such as a filter.

Sampling must be conducted in accordance with a lead sampling plan that includes a plumbing survey that identifies point of use treatment. The Department of Environmental Protection’s technical guidance for lead sampling in accordance with the NJDOE regulations, specifically, advises NOT removing filters, aerators, or screens prior to sampling.  

The action level is a screening tool for determining when actions are needed. The action level is based on EPA’s evaluation of available data on the ability of corrosion control to reduce lead levels at the tap. The current lead action level (AL) is 15ug/L (micrograms per liter) [or parts per billion (ppb)].  

Yes. The rules require that if any result exceeds the lead action level, a written notification must be provided to parents/guardians of students, facility staff and the NJDOE.

In addition to the letter including the required notifications (outlet was shutoff, alternate drinking water was provided, and informed of lead health effects), the letter can also include language regarding the flush sample. The letter can explain that the first draw sample at the tap identifies potential lead in the fixture where a flush sample identifies potential lead in the plumbing behind the fixture. Include any other information as necessary, such as further planned actions to remedy the conditions.

A Statement of Assurance (SOA) must be submitted by June 30^th of each school year. Through submission of the annual Statement of Assurance (SOA), an entity certifies that lead testing was conducted in accordance with N.J.A.C. 6A:26-12.4. Each year, a new SOA will be made available on the NJDOE website for submittal.  

As part of the SOA, the entity will be required to provide dates the testing of lead was completed, website address of the posted test results, website address of the posted exceedance letter (if applicable) and if applicable, the website address of the posted NJDOE approved exemption letter.

No. Lead test results of all drinking water samples must be made publicly available at the school facility and post the most recently required test results available on the entity’s website.

If any results exceed the action level (AL) of 15 µg/l (parts per billion [ppb]), the covered entity must provide written notification to the parents/guardians of all students, facility staff, and the Department and post the notification on the entity’s website. To notify the Department, as part of the statement of assurance submission, the entity will be required to provide an active website address of the exceedance notification letter. If an entity does not have a website, test results and exceedance notification must be posted onto the district website. All planning materials, the QAPP, plumbing inventory and other documents will be retained by each entity.

An exemption may be requested during a designated testing school year if the entity does not use any drinking water outlets for consumption or food preparation in any of their facilities. For example, if the school uses supplied bottled water and food is provided by outside vendors in all facilities, the entity would be eligible for exemption. Testing of lead in drinking water is required for outlets used for water consumption that receive water from a public or private distribution system. 

The next designated testing school year is 2024-2025 in which an exemption application will be available on the NJDOE website. For any school that is approved for an exemption, an SOA is still required to be submitted to the NJDOE each school year.