Code of the District of Columbia

§ 10–551.07c. Prevention of lead in drinking water at recreation facilities.

(a) For the purposes of this section, the term:

(1)(A) "Drinking water source" means a source of water from which a person can reasonably be expected to consume or cook with the water originating from the source.

(B) "Drinking water source" shall not include a source of water for which the Department of General Services posts a conspicuous sign pursuant to subsection (b)(3) of this section.

(2) "Recreation facility" means a Department of Parks and Recreation ("DPR") public facility regularly used by children.

(3) "Remediation steps" means, at a minimum, actions to:

(A) Decrease the elevated lead concentration in a drinking water source to 5 parts per billion or less; or

(B) Preclude people from consuming or cooking with water from a drinking water source.

(b) The Department of General Services ("Department") shall:

(1) Locate all drinking water sources at each recreation facility and install a barcode on each of the drinking water sources;

(2) Install a filter that reduces lead in drinking water on each drinking water source in each recreation facility 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 Standards Institute ("ANSI") Standard 53 for Health Effects or NSF/ANSI Standard 61 for Health Effects;

(3) Post a conspicuous sign near each water source at recreation facilities 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;

(4) Test all drinking water sources at each recreation facility for lead annually;

(5) If a test conducted pursuant to paragraph (4) of this subsection shows a lead concentration over 5 parts per billion:

(A) 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;

(B) Determine, in writing, which remediation steps should be implemented to address the elevated lead concentration level;

(C) Send the test results and remediation steps to the Director of DPR within 5 business days of receiving the test result;

(D) Update the list described in paragraph (6) of this subsection within 5 business days of receiving the test result to reflect the test result and remediation steps; and

(E) Notify the Director of DPR and update the list described in paragraph (6) of this subsection within 5 business days of completion of the remediation steps required by subparagraph (B) of this paragraph; and

(6) Publish on the Department's website a list of drinking water sources in each recreation facility that describes, for each drinking water source:

(A) The date and results of the most recent lead test performed;

(B) The date the current filter was installed;

(C) The date when the filter will next be replaced;

(D) The barcode identification number; and

(E) Any remediation steps that will be or have been taken.

(c) Within 120 days of September 23, 2017, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this section.

(d) 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.


(Sept. 14, 2011, D.C. Law 19-21, § 1028c; as added Sept. 23, 2017, D.C. Law 22-21, § 4, 64 DCR 7631.)

Applicability

Section 7019 of D.C. Law 22-168 amendeded section 11 of D.C. Law 22-21 removing the applicability restriction impacting this section. Therefore the amendments made to this section by D.C. Law 22-21 have been implemented.

Applicability of D.C. Law 22-21: § 11 of D.C. Law 22-21 provided that the creation of this section by § 4 of D.C. Law 22-21 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Editor's Notes

Section 9 of D.C. Law 22-21 provided that within one year after September 23, 2017, the Mayor shall host 4 community meetings open to the public on the implementation of D.C. Law 22-21 and notify the public about each meeting on the Department of General Services website at least one month before the meeting is held.