Council of the District of Columbia
Committee on Education and
Committee on Transportation and the Environment
Joint Oversight Hearing on Lead Testing in Public Facilities
Wednesday, June 22, 2016
Good morning. My name is Claudia Barragan, and I am testifying on behalf of the DC Chapter of the Sierra Club concerning lead testing in the District's public facilities.
The DC Chapter of the Sierra Club represents more than 3,600 District residents, both dues-paying members and supporters, who are committed to equity, advancing representation throughout the District, and stewarding healthy sustainable communities.
On April 29, 2016, the DC Chapter of the Sierra Club delivered simulated dirty water and a list of suggestions to Councilmembers’ offices asking for immediate action to address community concerns about lead in the water of twelve DCPS facilities and sedimentation found at a school in Ward 8. While we understand that elevated lead levels are not cause for water discoloration, community concerns were palpable given limited communication of information to the parents, students, staff, and community. When you are always left out, the fear of not knowing is real; but, this fear is often not shared by those with the privilege of making decisions, or by those who live outside marginalized communities. When your child's health is at stake, these fears are amplified.
At the time, twelve schools were found to have lead levels of above the EPA standard. Today, while the Department of General Services has taken action and re-tested the water, the release of the new data has been discouraging, because the community at-large still has insufficient answers, again proving that neither this process, nor the modernization budget process, has been sufficiently transparent. While each of those twelve schools received an individual letter explaining the details of the test results, there is little evidence of an effective DCPS crisis management plan defining coordinated efforts to deliver information swiftly, clearly, and consistently to the community at-large. The DGS website does not have updated summary information of the new testing, and while it links to EPA information on lead, this information may be too technical or inaccessible for parents with Limited English Proficiency (LEP). Meanwhile, having a local response plan and communication system is mandated by the Public Notification Rule (PN) which is regulated by the Safe Drinking Water Act.
We applaud the Council for expanding the hearing to include public facilities such as public and charter schools, libraries, and recreation facilities, and we seek additional clarification about what may also be considered as public facilities.including public universities, government buildings, homeless shelters, youth workforce centers, and public housing.
As the Council hears public testimony on the needs of parents and the community at-large about testing for lead in public facilities, we encourage Councilmembers to keep in mind the pervasive social inequity still present in the city; that there are vulnerable communities that lack much-needed representation and a seat at the table. Keep in mind that actions and information made available by all District agencies on this issue have the responsibility to follow LEP mandates, and must make information available clearly and concisely for everyone to understand.
In solidarity with DCPS parents in Ward 6, and the community at-large, we call on the Council to take these immediate actions to address the recent environmental health concerns stemming from elevated lead levels in the water of DCPS facilities:
Enforce the requirement that every DC public school maintain a Universal Health Certificate and for DOEE to commit to continued enforcement & monitoring of the “Childhood Lead Screening Amendment Act of 2006”.
Develop and release an effective Issue and Crisis Management Plan with clearly defined information, that may be swiftly and consistently communicated to community members.
Apply best practices to further reduce the potential for lead exposure at DCPS facilities and reduce sediment in water sources, including providing filters at all schools.
Voluntarily test for lead in addition to complying with the EPA’s Lead and Copper Rule.
Conduct routine testing and measurement for lead exposure in drinking water at DCPS facilities, ensuring that schedules and test results are quickly made available to the public.
Provide test results in clear and concise formats following LEP mandates, and provide citywide maps or geo-referenced data according to DC open-government mandates.
Enact a defined rapid response plan for findings of elevated lead levels which provides at least two alternative “lead-free” drinking water sources:
Bottled water (an urgent action, but one with environmental consequences)
The installation of point-of-use (POU) treatments or faucet filtration devices (temporary action)
Encourage accountability and transparency from public officials, including Ward Councilmembers, to adhere to the Public Notification Rule (PN) as prescribed by the Safe Drinking Water Act.
Education and participation are an important part of an effective community health policy. The community is not satisfied with how testing and overall community communication on lead levels in public facilities is being handled. We support the suggestions provided by DCPS parents of immediately installing lead filters on all drinking water sources in every school that had at least one non zero reading during the annual testing. We also agree that codifying this requirement via rulemaking or law for all public facilities where children are drinking water, to include DC owned government facilities such as homeless shelters and public housing.
In our supportive community-based environmental justice work, the DC Chapter of the Sierra Club is often asked by members of vulnerable communities across DC to request District leaders to commit to funding community-based modernization over revenue-driven projects. We believe that modernization of at risk public facilities offer not only an opportunity to address environmental and health concerns, it presents a path to intentionally take action to prevent environmental injustice and foster healthy communities for all.
Thank you for this opportunity to testify on behalf of the DC Sierra Club.