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26.08.05.00.htm 26.08.05.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 08 WATER POLLUTION Chapter 05 Certification of State Water Quality Laboratories Authority: Environment Article, Title 9, Subtitle 10, Annotated Code of Maryland
26.08.05.01.htm 26.08.05.01. 01 Scope.. The purpose of these regulations is to provide a procedure by which the Department of the Environment may certify that water quality laboratories are capable of performing in an acceptable manner microbiological, chemical, physical, and radiochemical analyses on water samples from public water supplies. Since owners of public water supplies are required through various State and federal programs to monitor the quality of drinking water in their systems, it is necessary t
26.08.05.02.htm 26.08.05.02. 02 Incorporation by Reference.. A. In this chapter, the following documents are incorporated by reference.. B. Documents Incorporated.. 1) Code of Federal Regulations (CFR) ― 40 CFR 141 (July 1, 2013). a) Record Maintenance (40 CFR §141.33) revised July 1, 2010;. b) Lead and Copper Rule (40 CFR §141.80 ― 141.91) revised July 1, 2010; and. c) Reporting Requirements (40 CFR §141.31). 2) Manual for the Certification of Laboratories Analyzing Drinking Water (EPA 815-R-05-004, January
26.08.05.03.htm 26.08.05.03. 03 Definitions.. A. "Analyst" means a person responsible for performing tests and reporting analytical results.. B. “Certification Authority” means the Secretary or the Secretary’s designee who has signature authority for all certification decisions.C. “Certification officers” means the Department personnel who have the responsibility of certifying water quality laboratories under their purview.D. “Denial” means a refusal of certification for a specific method or the a
26.08.05.04.htm 26.08.05.04. 04 Certification for a Water Quality Laboratory.. A. A water quality laboratory shall obtain a certification from the Department before the water quality laboratory may analyze compliance samples in this State.B. The Department shall certify a water quality laboratory that meets the requirements of this chapter and Environment Article, Title 9, Subtitle 10, Annotated Code of Maryland.C. Laboratory Certificate.. 1) The Department shall identify in the certificat
26.08.05.05.htm 26.08.05.05. 05 General Requirements for a Certified Water Quality Laboratory.. A. Quality Assurance Manual ― Minimum Criteria.. 1) Space Requirements. Each certified water quality laboratory shall have adequate space, facilities, and equipment to provide test results with accuracy, precision, and safety.2) Use of Approved Procedures. All certified water quality laboratories shall use analytical procedures approved by the Certification Authority or the U.S. Environmental Protection Agency.
26.08.05.06.htm 26.08.05.06. 06 Application for Certification.. A. An application is required for:. 1) Certification for microbiology, chemistry, or radiochemistry; or. 2) Renewal of certification.. B. An application for water quality laboratory certification shall be submitted to the Department on a form provided by the Department, and shall include, but not be limited to, the following information:1) Name, address, and valid phone number of the water quality laboratory;.
26.08.05.07.htm 26.08.05.07. 07 Fees.. A. A certified water quality laboratory in the State of Maryland, except a federal, State, or a local government laboratory, shall pay an annual certification fee of $250 plus $10 for each specific test and parameter combination for which certification is requested.B. An out-of-State water quality laboratory shall pay a $400 annual certification fee for all parameters certified by their home state or NELAP accrediting body.C. The applicant for certification shall pay the f
26.08.05.08.htm 26.08.05.08. 08 On-Site Evaluation.. A. The Department may perform announced, or unannounced, on-site evaluations of the premises and operations of a water quality laboratory that is currently certified or that has applied for certification.B. During an on-site evaluation, the Department may evaluate the adequacy of the quality assurance program, qualifications of personnel, adequacy of equipment, adequacy of the supervision, and compliance with these regulations.C. An in-State water qual
26.08.05.09.htm 26.08.05.09. 09 Personnel Qualifications.. A. The water quality laboratory shall have staff that is trained in the approved drinking water methods to ensure that the water quality laboratory generates valid and accurate test results.B. To maintain certification, a water quality laboratory shall continue to meet the education and training criteria identified in the Manual for the Certification of Laboratories Analyzing Drinking Water, which is incorporated by reference in Regulat
26.08.05.10.htm 26.08.05.10. 10 Laboratory Quality Assurance Program.. A. Quality Assurance Manual.. 1) Each certified water quality laboratory shall establish a quality assurance program consistent with U.S. Environmental Protection Agency Laboratory Certification Manual criteria or with TNI standards, if applicable.2) A water quality laboratory’s Quality Assurance Manual shall include a description of its quality assurance program.3) The quality assurance officer for a laboratory is responsible for mainta
26.08.05.11.htm 26.08.05.11. 11 Evaluation Procedure.. A. Documentation of Corrective Actions.. 1) If a certified water quality laboratory is found to be in noncompliance with these regulations, the water quality laboratory shall submit documentation of corrective action to the Department.2) If a certified water quality laboratory is found to be in noncompliance with an on-site evaluation by another state or third-party organization, the laboratory shall forward copies of the associated on-site evaluation repo
26.08.05.12.htm 26.08.05.12. 12 Downgrading of Certification for Performance of Specific Tests.. A. If a water quality laboratory is subject to a change in certification status, the Certification Authority shall notify the laboratory in writing of the intent to downgrade the parameter list for the certificate.B. The Department may deny, make provisional, or revoke approval for one or more tests for the following reasons:1) The certified water quality laboratory fails to satisfactorily participa
26.08.05.13.htm 26.08.05.13. 13 Laboratory Certification Denial, Provisional Certification, and Revocation of Certification.. A. Denial of Initial Certification.. 1) The Department may deny initial certification to a water quality laboratory for any of the following reasons:a) Failure to comply with the minimum standards and qualifications required by this chapter;. b) Failure to participate in or analyze proficiency test samples;.
26.08.05.14.htm 26.08.05.14. 14 Expiration and Renewal of Certification.. A. Expiration Date.. 1) Certification expires on the date shown on the certificate and is renewable annually.. 2) The expiration date of a certificate may be amended upon the written request of a water quality laboratory and the approval of the Certification Authority.B. Annual Certification. The Department shall notify a water quality laboratory not less than 120 days before the expiration date shown on the face of
26.08.05.15.htm 26.08.05.15. 15 Certification of Out-of-State Water Quality Laboratories.. A. An out-of-State water quality laboratory may be certified to perform drinking water analyses pursuant to Environment Article, Title 9, Subtitle 10, Annotated Code of Maryland, provided it is certified by the U.S. Environmental Protection Agency, TNI, or the state in which it is located, if certification criteria are at least as stringent as the requirements of this chapter. Proof of this certification shall be provided
26.08.05.16.htm 26.08.05.16. 16 Changes in Personnel, Analytical Procedures, or Location of Water Quality Laboratory.. A. A water quality laboratory shall report a change in ownership, water quality laboratory supervisor, or analyst in writing to the Department within 30 days after its occurrence.B. A water quality laboratory shall submit in writing to the Department any proposed changes in analytical procedures, instrumentation, or location of a certified water quality laboratory before the c
26.08.05.17.htm 26.08.05.17. 17 Certification Refusal, Revoked Certification, and Provisional Certification.. A. A certification may be downgraded to provisional certification or revoked by the Department following an opportunity for a hearing before the Secretary or a designated hearing officer, pursuant to COMAR 26.01.02.B. Written notification will be issued to the water quality laboratory or person, or persons, responsible for its operation, specifying one or more reasons for refusal, downgr
26.08.05.18.htm 26.08.05.18. 18 Penalty.. A person who violates any provision of Environment Article, Title 9, Subtitle 10, Annotated Code of Maryland, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
26.08.05.9999.htm 26.08.05.9999. Administrative History Effective date: November 21, 1983 (10:23 Md. R. 2063). Chapter recodified from COMAR 10.10.04 to COMAR 26.08.05 ―. Regulations .01―16 repealed and new Regulations .01―18 adopted effective July 21, 2014 (41:14 Md. R. 800)
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