Md. Code Regs. 26.16.07.03

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.16.07.03 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Action level" means the level of lead which, if exceeded, requires the school to complete steps including remedial action, notification, and follow-up sampling.

(2) "Bottled water" means water that is intended for human consumption and that is sealed in bottles or other containers and meets the National Primary Drinking Water regulations for all regulated contaminants.

(3) "Certified laboratory" means a laboratory certified by the Maryland Department of the Environment to analyze drinking water samples for lead.

(4) "Department" means the Maryland Department of the Environment.

(5) "Designated responsible person" means an individual identified by the school to serve as the point of contact for implementation of and compliance with this regulation, including documentation, proper sampling and follow up, and timely reporting.

(6) Drinking Water Outlet.

(a) "Drinking water outlet" means a potable water fixture that is used for drinking or food preparation.

(b) "Drinking water outlet" includes:

(i) A drinking fountain, including both bubbler and water cooler styles;

(ii) An ice-making machine;

(iii) A hot drink machine;

(iv) A kitchen sink;

(v) A classroom combination sink with drinking fountain;

(vi) A sink in a home economics classroom;

(vii) A teachers' lounge sink;

(viii) A nurse's office sink;

(ix) A sink in a special education classroom; and

(x) Any other sink known to be used for human consumption.

(c) "Drinking water outlet" does not include an outlet clearly signed as not a drinking water outlet.

(7) "Elevated level of lead" means a lead concentration in drinking water that exceeds the concentration of 20 ppb in a 250 milliliter (mL) first-draw, as recommended by the EPA in technical guidance documents for schools, including "3Ts for Reducing Lead in Drinking Water in Schools ".

(8) "First-draw sample " means a 250 mL sample of tap water that has been standing in plumbing 8 to 18 hours and is collected without flushing the tap.

(9) "Flushed sample" means a 250 mL sample of tap water that has been drawn from an outlet immediately after the outlet has been run for at least 30 seconds.

(10) "Lead-free" means plumbing that meets the definition of "lead-free" as defined by Business Occupations and Provisions Article, §§12-101, 12-605.1, and 12-605.2, Annotated Code of Maryland.

(11) "MSDE" means the Maryland State Department of Education.

(12) "Nonpublic school" means an elementary or secondary school, other than a public school, offering education for prekindergarten through grade 12 wherein any child may legally fulfill compulsory school attendance requirements.

(13) "Public school" means a school, including a charter school, that is maintained at public expense for the education of the children of a community or district and constitutes a part of a system of free public education for prekindergarten through grade 12.

(14) Public Water System.

(a) "Public water system " means a water supply system that provides water for human consumption through pipes or other constructed conveyances to at least 15 service connections or regularly serves at least 25 individuals, as defined in COMAR 26.04.01.

(b) "Public water system" includes water supply sources such as ground water wells, springs, rivers, reservoirs, or lakes.

(15) "Sampling bottle" means a precleaned, high-density polyethylene, wide-mouth, single use 250 mL labeled bottle.

(16) "School" means an individual school or a school system.

(17) School Building.

(a) "School building" means any structure, facility, addition, or wing of a school that may be occupied by children or students prekindergarten through grade 12.

(b) "School building" does not include a building used solely for administrative purposes.

(18) "School day" means any day on which school is in session.

(19) "Technical guidance" means the most recent technical guidance documents issued by EPA for reducing lead in drinking water in schools, such as the "3Ts for Reducing Lead in Drinking Water in Schools" (2006) and any subsequent technical guidance documents issued by EPA for reducing lead in drinking water in schools.

Md. Code Regs. 26.16.07.03

Regulation .03 adopted effective 45:7 Md. R. 347, eff. 4/9/2018