2001 Minnesota Code
Chapters 144 - 159 Health
Chapter 144 Department of Health
Section 144.98 Certification of environmental laboratories.

144.98 Certification of environmental laboratories.

Subdivision 1. Authorization. The commissioner of health may certify laboratories that test environmental samples.

Subd. 2. Rules. The commissioner may adopt rules to implement this section, including:

(1) procedures, requirements, and fee adjustments for laboratory certification, including provisional status and recertification;

(2) standards and fees for certificate approval, suspension, and revocation;

(3) standards for environmental samples;

(4) analysis methods that assure reliable test results;

(5) laboratory quality assurance, including internal quality control, proficiency testing, and personnel training; and

(6) criteria for recognition of certification programs of other states and the federal government.

Subd. 3. Fees. (a) An application for certification under subdivision 1 must be accompanied by the biennial fee specified in this subdivision. The fees are for:

(1) nonrefundable base certification fee, $1,200; and

(2) test category certification fees:

Test Category Certification Fee

Clean water program bacteriology $600

Safe drinking water program bacteriology $600

Clean water program inorganic chemistry $600

Safe drinking water program inorganic chemistry $600

Clean water program chemistry metals $800

Safe drinking water program chemistry metals $800

Resource conservation and recovery program

chemistry metals $800

Clean water program volatile organic compounds $1,200

Safe drinking water program

volatile organic compounds $1,200

Resource conservation and recovery program

volatile organic compounds $1,200

Underground storage tank program

volatile organic compounds $1,200

Clean water program other organic compounds $1,200

Safe drinking water program other organic compounds $1,200

Resource conservation and recovery program

other organic compounds $1,200

(b) The total biennial certification fee is the base fee plus the applicable test category fees.

(c) Laboratories located outside of this state that require an on-site survey will be assessed an additional $2,500 fee.

(d) Fees must be set so that the total fees support the laboratory certification program. Direct costs of the certification service include program administration, inspections, the agency's general support costs, and attorney general costs attributable to the fee function.

(e) A change fee shall be assessed if a laboratory requests additional analytes or methods at any time other than when applying for or renewing its certification. The change fee is equal to the test category certification fee for the analyte.

(f) A variance fee shall be assessed if a laboratory requests and is granted a variance from a rule adopted under this section. The variance fee is $500 per variance.

(g) Refunds or credits shall not be made for analytes or methods requested but not approved.

(h) Certification of a laboratory shall not be awarded until all fees are paid.

Subd. 4. Fees for laboratory proficiency testing and technical training. The commissioner of health may set fees for proficiency testing and technical training services under section 16A.1285. Fees must be set so that the total fees cover the direct costs of the proficiency testing and technical training services, including salaries, supplies and equipment, travel expenses, and attorney general costs attributable to the fee function.

Subd. 5. State government special revenue fund. Fees collected under this section must be deposited in the state government special revenue fund.

HIST: 1988 c 689 art 2 s 34; 1Sp1993 c 1 art 9 s 52; 1995 c 165 s 4; 1995 c 233 art 2 s 50; 1996 c 305 art 3 s 21; 1999 c 250 art 3 s 21; 1Sp2001 c 9 art 1 s 38

* NOTE: Laws 1999, chapter 250, article 3, does not repeal *rules or fees in effect on June 30, 2001. Laws 2000, chapter *488, article 12, section 23.