On Oct. 23, Durham city officials issued a news release headlined "City of Durham's Tap Water Again Meets EPA Standards." The News & Observer, which had been reporting on lead in drinking water since a story in May about a poisoned Durham child, printed an article about the city saying it passed.

But the newspaper also sent an e-mail message to the state Division of Environmental Health requesting copies of Durham's detailed testing submissions, which are public records under state law. The N&O had previously used the state's public records law to get an electronic database of Durham's required lead-testing results from 1991 through 2004.

A comparison of Durham's latest results to those from past years showed that the city had reported testing far fewer homes in 2006, despite the increased concerns about lead. And it hadn't tested some homes that it was expected to test, including one at 716 Clarion Drive that had tested far above federal limits in 2004.

In 2006, the city said it was unable to collect a sample from the Clarion Drive home, listing it as "Not Participating" -- an entry that indicated the resident refused to provided the requested tap water sample.

But the homeowner, Donald Morgan, was surprised to know that his home wasn't included.

"We turned in our sample, and then they called us back and said there was a problem with it and that the lab needed another sample," Morgan told The N&O. "We gave it to them, and then we never heard back."

Soon the newspaper had reached the owners of other homes on the required testing list who disputed the city's submission to the state.

When pressed to explain the discrepancies, city officials eventually disclosed the results from a "Special Internal Investigative Study" of homes on the required testing list. The majority of those samples, including two tests at Morgan's home, contained lead levels above the federal limit.

After a story in The N&O on Dec. 22, state officials forced Durham to resubmit the city's test results including all the required data. On. Jan. 26, state officials issued a violation to Durham for failing to turn over the information in October.

The EPA is investigating the city's testing submissions, and Durham could still face steep federal fines over the issue.

Hope Taylor-Guevara, executive director of Clean Water for North Carolina, a statewide advocacy group with offices in Durham, said the story brought needed attention to a key weakness in the nation's system for monitoring lead in municipal tap water -- that state regulators rely on those being tested to accurately report their own results. Inadequate funding of the state agencies charged with protecting public health and drinking water safety ensures weak oversight, she said.

"Watchdog groups and the media depend every day on access to public records to reveal potential health threats and failures of public accountability, such as lead problems in Durham's drinking water," Taylor-Guevara said. "We should treasure that access by constant use."