2006 Code of Virginia § 2.2-1105 - Environmental laboratory certification program

2.2-1105. Environmental laboratory certification program.

A. The Division shall by regulation establish a program for the certificationof laboratories conducting any tests, analyses, measurements, or monitoringrequired pursuant to Chapter 13 ( 10.1-1300 et seq.) of Title 10.1, theVirginia Waste Management Act ( 10.1-1400 et seq.), or the State WaterControl Law ( 62.1-44.2 et seq.). The program shall include, but need not belimited to, minimum criteria for (i) laboratory procedures, (ii) performanceevaluations, (iii) supervisory and personnel requirements, (iv) facilitiesand equipment, (v) analytical quality control and quality assurance, (vi)certificate issuance and maintenance, (vii) recertification anddecertification, and (viii) granting partial and full exemptions from theprogram based on compliance and performance. The regulations shall bepromulgated only after adoption of national accreditation standards by theNational Environmental Laboratory Accreditation Conference sponsored by theUnited States Environmental Protection Agency. The purpose of the programshall be to ensure that laboratories provide accurate and consistent tests,analyses, measurements and monitoring so that the goals and requirements ofChapter 13 of Title 10.1, the Virginia Waste Management Act, and the StateWater Control Law may be met.

B. Once the certification program has been established, laboratorycertification shall be required before any tests, analyses, measurements ormonitoring performed by a laboratory after the effective date of such programmay be used for the purposes of Chapter 13 ( 10.1-1300 et seq.) of Title10.1, the Virginia Waste Management Act, and the State Water Control Law.

C. The Division shall by regulation establish a fee system to offset thecosts of the certification program. The regulations shall establish feecategories based upon the types of substances for which tests, analyses,measurements or monitoring are performed. The fees shall be used solely foroffsetting the costs of the laboratory certification program.

D. The Division shall develop procedures for determining the qualificationsof laboratories located in jurisdictions outside of Virginia to conducttests, analyses, measurements or monitoring for use in Virginia. Laboratorieslocated outside of Virginia that are certified or accredited under a programdetermined by the Division to be equivalent to the program established underthis section shall be deemed to meet the certification requirements.

E. In addition to any other penalty provided by law, laboratories found to befalsifying any data or providing false information to support certificationshall be decertified or denied certification.

F. Any laboratory subject to this section may petition the Director of theDivision for a reasonable variance from the requirements of the regulationspromulgated under this section. The Division may grant a reasonable varianceif the petitioner demonstrates to the Director's satisfaction that (i) theproposed variance will meet the goals and purposes of the provisions of thissection or regulation promulgated under this section, and (ii) the variancedoes not conflict with federal or state law or regulations. Any petitionsubmitted to the Director is subject to the Administrative Process Act (2.2-4000 et seq.).

(1997, c. 652, 2.1-429.01; 2001, c. 844; 2003, c. 580.)

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