Title: Section 55-2.3 - Application for approval

55-2.3 Application for approval.

(a)(1) An application for a certificate of approval shall be submitted to the department by the owner(s) and technical director(s) of an environmental laboratory on a form prescribed by the department. No certificate of approval shall be granted to any laboratory failing to supply all the information requested on the application form.

(2) For each category for which approval is sought, the application for approval shall specify the analytes to be determined, the types of sample(s) to be analyzed (such as soil or water), and the approved methods to be employed for each analyte/sample type.

(3) The department may require additional information regarding the laboratory, including, but not limited to, its ownership, organization, quality system, testing program, premises, qualification of personnel, equipment, method of reporting results of analyses, and number of analyses performed each calendar year.

(b) Upon receipt of such application, the department shall review the laboratory's performance in required proficiency testing, quality system documentation, technical director(s) credentials, previous performance in on-site assessments, if applicable, and any additional materials and/or information requested, and shall determine whether the applicant laboratory qualifies for a certificate of approval, the analytes by category for which approval is to be issued, and the approval fee to be paid. Prior to issuance or renewal of a certificate of approval, the approval fee shall be paid, unless otherwise expressly authorized by the department pursuant to Subpart 55-3 of this Part.

(c) For purposes of the application and approval process, testing facilities housed in separate buildings shall be considered separate environmental laboratories, unless such facilities obtain a waiver for this requisite from the department. The requirements of this subdivision shall not be waived unless the department determines that:

(1) effective supervision of the operation of all such facilities can be exercised by the same technical director(s);

(2) the facilities do not duplicate each other’s analytical, reporting and/or record keeping activities; and

(3) the facilities are owned by the same legal entity.