reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-21 - Cesspools, Septic Tanks, Privies › Chapter 33.1-21-02 - Servicing of Septic or Holding Tanks, Privies, or Portable Restrooms › Section 33.1-21-02-05 - Permit application and renewal

Current through Supplement No. 393, July, 2024
1. Permit required.
				A person wishing to engage in the business of servicing septic systems,
				portable restrooms, holding tanks, and similar devices that receive domestic
				wastewater shall submit an application for a permit to the department on a form
				provided by the department.
2.
				Applicant information. All applicants shall provide the following information
				to the department:
a. The full name and
				physical business address of the applicant;
b. The mailing address of the applicant, if
				different from the physical address;
c. Septic system servicers that have held a
				permit in North Dakota within the past five years must submit records in
				accordance with subsection 4;
d. A
				copy of a North Dakota state training certificate or other acceptable training
				course as preapproved by the department;
e. A list of all counties in which business
				is conducted;
f. A list of all
				disposal methods and land application sites, not exempted under North Dakota
				Century Code section 61-28-04.1, that the applicant proposes to use, if
				applicable; and
g. The signature of
				the landowner, facility operator, or designated representative of the owner or
				operator, on a designated form granting permission to use the site for land
				application, disposal, or treatment.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-21 - Cesspools, Septic Tanks, Privies › Chapter 33.1-21-02 - Servicing of Septic or Holding Tanks, Privies, or Portable Restrooms › Section 33.1-21-02-06 - Training requirements

Current through Supplement No. 393, July, 2024
1. Septic system
				servicers and their employees engaged in the servicing of septic systems are
				required to pass an annual examination provided by the department.
2. Septic system servicers are required to
				attend a training course provided by the department once every five
				years.
3. Other examinations or
				training courses taken may be substituted for the requirements in subsections 1
				and 2 with the department's prior approval.
General Authority:
NDCC 61-28-04, 61-28-04.1;
					 S.L.2017, ch.199, § 1
Law Implemented:
NDCC
					 61-28-04.1
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-21 - Cesspools, Septic Tanks, Privies › Chapter 33.1-21-02 - Servicing of Septic or Holding Tanks, Privies, or Portable Restrooms › Section 33.1-21-02-07 - Vehicles and equipment

Current through Supplement No. 393, July, 2024
1. Septic system
				servicers shall allow the department to inspect the equipment used in servicing
				at any reasonable time and place designated by the department.
2. Vehicles used in servicing shall meet the
				following identification requirements:
a. A
				valid septic pumper plate, as provided by the department, shall be prominently
				displayed on the rear of the servicing unit.
b. The septic system servicer's name shall be
				displayed on the side of the vehicle in writing no less than three inches tall
				with one-half-inch minimum thickness and in a color distinct from its
				background.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-21 - Cesspools, Septic Tanks, Privies › Chapter 33.1-21-02 - Servicing of Septic or Holding Tanks, Privies, or Portable Restrooms › Section 33.1-21-02-09 - Spill reporting and cleanup

Current through Supplement No. 393, July, 2024
1. Septic system
				servicers and their employees shall report all spills to the department as soon
				as possible, but within twenty-four hours. The septic system servicers shall
				keep a copy of the spill report for five years. The report shall include:
a. Spill location;
b. Spill volume;
c. Type of material spilled; and
d. Steps taken to clean up the
				spill.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-21 - Cesspools, Septic Tanks, Privies › Chapter 33.1-21-02 - Servicing of Septic or Holding Tanks, Privies, or Portable Restrooms › Section 33.1-21-02-10 - Recordkeeping and reporting requirements

Current through Supplement No. 393, July, 2024
1. Septic system
				servicers must keep records of all their servicing and disposal activities.
				Each septic system servicer shall maintain records for not less than five
				years. Records must be available to the department for review upon
				request.
2. The records must
				contain:
a. The origin of the
				septage;
b. The location of the
				site where the septage is applied or taken;
c. The number of acres to which septage is
				applied at each site;
d. The date
				and time of each septage application;
e. Crop or vegetation on each site during the
				year;
f. The gallons of septage
				which are applied to the site during the specified three hundred sixty-five-day
				period;
g. A description of how the
				pathogen requirements are met for each land application of septage;
				and
h. A description of how the
				vector attraction reduction requirements are met for each land application of
				septage.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-01 - Fees for chemistry laboratories analyses › Section 33.1-23-01-01 - Fees charged for laboratory analyses

Current through Supplement No. 393, July, 2024
Charges are based on reagent cost, testing time, personnel
				  salaries, and overhead costs.
General Authority:
NDCC 23.1-01-03; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 23.1-01-03; S.L.2017,
					 ch. 199, § 16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-01 - Applicability and scope

Current through Supplement No. 393, July, 2024
This chapter applies to all laboratories required to be
				  certified under North Dakota Century Code section 23.1-01-14. A laboratory that
				  performs tests and analyses, the results of which must be reported to the
				  department to meet permit conditions or other department program or regulatory
				  requirements, must be certified for the parameters and methods required by the
				  permit or department program, unless the permit or department program
				  specifically exempts the parameters or methods from certification requirements.
				  Certification requirements are equal to those required by federal programs for
				  regulated parameters by promulgated methods unless otherwise specified or
				  required by a department program.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-03 - General requirements for required methods

Current through Supplement No. 393, July, 2024
The analytical methods, sample collection, and preservation
				  procedures used to analyze samples for programs required by a federal agency
				  must meet the requirements specified in the relevant parts of the Code of
				  Federal Regulations as stated herein. The laboratory's analytical methods,
				  sample collection, and preservation procedures also must meet the requirements
				  specified by the department program. Certification requirements are based on
				  the analysis of regulated parameters by promulgated methods unless otherwise
				  specified or required by a department program.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-04 - Biosolids program methods

Current through Supplement No. 393, July, 2024
For analysis of sewage sludge samples required by state and
				  federal rules, laboratories shall use the methods and test procedures in title
				  40, Code of Federal Regulations, part 503, and publication SW-846.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-05 - Clean Water Act program methods

Current through Supplement No. 393, July, 2024
For analysis of water or wastewater samples required by state
				  and federal clean water rules, laboratories shall use the methods and test
				  procedures in title 40, Code of Federal Regulations, part 136.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-06 - Coal Combustion Residuals Rule program methods

Current through Supplement No. 393, July, 2024
For analysis of water or wastewater samples required by state
				  and federal coal combustion residuals in landfills and surface impoundments
				  rules and regulations as amended, laboratories shall use methods appropriate
				  for groundwater sampling and that accurately measure hazardous constituents and
				  other monitoring parameters in groundwater samples. Metals analysis must be for
				  "total recoverable" concentrations. Parameters are found at appendix III to
				  part 257 and appendix IV to part 257.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-07 - Nonpotable water program methods

Current through Supplement No. 393, July, 2024
For analysis of water or wastewater samples as requested by
				  the department or to support studies of specific industries or for use in broad
				  national surveys, laboratories shall use validated methods and test procedures.
				  Environmental protection agency methods are preferred but other state approved
				  and validated methods may be acceptable.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-08 - Potable water program methods

Current through Supplement No. 393, July, 2024
For analysis of suitable drinking water samples as requested
				  by the department or to support studies of specific industries or for use in
				  broad national surveys, laboratories shall use validated methods and test
				  procedures. Environmental protection agency methods are preferred, but other
				  state approved and validated methods may be acceptable.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-09 - Resource Conservation and Recovery Act program methods

Current through Supplement No. 393, July, 2024
For analysis of wastewater, waste, and solid and hazardous
				  waste samples, laboratories shall use the methods and test procedures found in
				  the SW-846 or as deemed by the division of waste management within the
				  department. Modifications may be used with the approval of the department or
				  accrediting body except for method-defined parameters. Method-defined
				  parameters can only be determined by the methods prescribed in Resource
				  Conservation and Recovery Act of 1976 regulations because the methods are part
				  of the regulations. These methods must be followed exactly as written, or the
				  resulting data cannot be used to ensure regulatory compliance. A list of
				  method-defined parameters found under title 40 Code of Federal Regulations,
				  part 260, section 260.11.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-10 - Safe Drinking Water Act program methods

Current through Supplement No. 393, July, 2024
For analysis of drinking water samples required by state and
				  federal Safe Drinking Water Act rules, laboratories shall use the methods and
				  test procedures in title 40 Code of Federal Regulations, part 141. Laboratories
				  also shall comply with the "Manual for the Certification of Laboratories
				  Analyzing Drinking Water" requirements.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-11 - Alternate methods

Current through Supplement No. 393, July, 2024
Provisions for the use of alternate methods to be used in the
				  Safe Drinking Water Act program and the Clean Water Act program are found
				  within the corresponding federal laws and regulations. A laboratory may request
				  approval for alternate methods by following the instructions provided in the
				  appropriate sections of the federal laws and regulations for the Clean Water
				  Act program and the Safe Drinking Water Act program.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-12 - Solids and chemicals program methods

Current through Supplement No. 393, July, 2024
For analysis of solids and chemical samples as requested by
				  the department or to support studies of specific industries or for use in broad
				  national surveys, laboratories shall use validated methods and test procedures.
				  Environmental protection agency methods are preferred but other state approved
				  and validated methods may be acceptable.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-13 - Personnel and contact information

Current through Supplement No. 393, July, 2024
A laboratory shall have adequate staff with the education,
				  training, or experience to meet the requirements of certification. At least one
				  staff person must be identified as the laboratory administrator and that
				  person's contact information must be provided with the certification
				  application. The laboratory administrator shall notify the department when
				  there are changes in contact information for the laboratory administrator,
				  change of address, owner, or legally responsible party no later than thirty
				  days after the change occurs.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-14 - Quality system

Current through Supplement No. 393, July, 2024
The laboratory shall have a quality assurance and quality
				  control program that meets the criteria specified in the "North Dakota
				  Environmental Laboratory Certification Program Manual" that includes:
1. A quality assurance manual or
				plan;
2. Standard operating
				procedures; and
3. Traceability,
				documentation, recordkeeping, and reporting.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-15 - Access to premises

Current through Supplement No. 393, July, 2024
The laboratory shall allow the department and its agents
				  reasonable access to the laboratory for inspection and evaluation purposes and
				  shall produce such information and records as the department requests to
				  determine compliance with this article.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-16 - Access to records

Current through Supplement No. 393, July, 2024
The laboratory shall maintain all records used to demonstrate
				  the laboratory's compliance with certification requirements. If a laboratory
				  analyzes samples from a client, then upon request, the laboratory shall provide
				  to the client the records that support the client's test results. The
				  laboratory also shall make records available to the department upon its
				  request.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-17 - Subcontracting

Current through Supplement No. 393, July, 2024
A laboratory that has samples analyzed by another laboratory
				  shall use laboratories that have valid department certification if the data is
				  to be reported to the department.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-18 - Certification status

Current through Supplement No. 393, July, 2024
1. A laboratory may
				not alter or misrepresent its certification status and attending documents
				issued by the department in any brochures, promotional literature, or
				advertising materials. A laboratory may not describe its certification status
				in a manner that implies certification in areas that are outside the actual
				scope of certification. General statements, such as "A North Dakota Certified
				Laboratory" or "Certified in North Dakota" are not specific enough and can be
				misleading. The department may require appropriate corrective action, including
				publication of a retraction of the misleading information.
2. A laboratory may not represent analytical
				results as certified after its certification has expired or been discontinued,
				suspended, or revoked.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-19 - Response

Current through Supplement No. 393, July, 2024
A laboratory shall timely respond in writing to any written
				  communication from the department.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-20 - Application contents for primary certification

Current through Supplement No. 393, July, 2024
1. A laboratory shall submit an initial
				application if:
a. It has never received
				primary or reciprocal certification under this article;
b. It has had its primary certification or
				department reciprocal certification revoked in total;
c. Its certification has expired for more
				than one year; or
d. It has
				submitted an application that has remained incomplete for more than one
				year.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-21 - Application period

Current through Supplement No. 393, July, 2024
Initial applications and revised applications may be
				  submitted to the department at any time.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-22 - Certification renewal

Current through Supplement No. 393, July, 2024
When a laboratory's certification has expired, the laboratory
				  shall apply for a renewed certification.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-23 - Modified application

Current through Supplement No. 393, July, 2024
A laboratory with a valid certification shall submit a
				  modified application, including the information required for primary
				  certifications or reciprocal certifications, to the department to:
1. Add a program for which the laboratory
				does not currently have certification;
2. Add a test method in a program for which
				the laboratory is already certified;
3. Add a parameter or analyte to a test
				method for which the laboratory is already certified; or
4. To change the name of the certified
				laboratory on the certification documents.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-24 - Conditions for reapplication

Current through Supplement No. 393, July, 2024
A laboratory notified of or involved in a corrective action
				  or with a suspended certification is not eligible to apply for a certification
				  renewal for the affected field of testing until the laboratory receives
				  confirmation from the department that the corrective action is complete, or the
				  laboratory has been reinstated after suspension. If the department revoked the
				  laboratory's certification, the laboratory shall apply for initial
				  certification, in accordance with this article, as if it were a new
				  laboratory.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-25 - Term of primary certification

Current through Supplement No. 393, July, 2024
1.
				Primary certification is granted following the procedure as outlined in the
				"North Dakota Environmental Laboratory Certification Program Manual".
2. Certification becomes effective the date
				of issuance and is valid for three years unless suspended, revoked, or
				voluntarily discontinued. Any request for an extension must be in writing. The
				certification period may be extended at the discretion of the
				department.
3. Standards of quality
				in the "Manual for Laboratories Analyzing Drinking Water" must be met in order
				to qualify for certification.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-26 - Limit of certification

Current through Supplement No. 393, July, 2024
Certification of a laboratory is not an endorsement by the
				  department of the quality or validity of the data generated by a laboratory.
				  Certification does not guarantee the usability of data generated by a
				  laboratory for an intended purpose. The users of laboratory results are
				  responsible for determining whether to accept or reject analytical data from a
				  certified laboratory.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-27 - Term of reciprocal certification and application contests

Current through Supplement No. 393, July, 2024
1. Reciprocal certification is granted
				following the procedure as outlined in the "North Dakota Environmental
				Laboratory Certification Program Manual".
2. A laboratory holding a primary
				accreditation or certification from another accrediting body may apply for
				reciprocal certification in North Dakota.
3. The department may approve other
				certifying authorities of federal agencies and agencies of other states for
				reciprocal recognition of laboratory certification programs or portions of
				programs that are substantially equivalent.
4. A certification program is considered
				substantially equivalent if a review of the certification authority's rules are
				substantially equivalent to the rules and guidelines of the department's
				laboratory certification program and including:
a. Inspections of certified laboratories are
				performed at intervals not exceeding three years;
b. The certifying authority requires an
				acceptable corrective action response associated with enforcement action,
				suspension, or revocation from the laboratory; and
c. The certifying authority is the primary
				authority for necessary enforcement actions, such as suspension or revocation
				of the laboratory's certification.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-28 - Department notification - Voluntary withdrawal or discontinuation of certification

Current through Supplement No. 393, July, 2024
1. If a
				laboratory chooses to withdraw its application for certification or discontinue
				its current certification, in total or in part, the laboratory shall notify the
				department in writing and specify the effective date of withdrawal or
				discontinuation and the field of testing for which certification is being
				withdrawn or discontinued. The laboratory shall submit notification at least
				thirty days before the effective date of withdrawal or
				discontinuation.
2. After the
				effective date of voluntary withdrawal or discontinuation of certification, the
				laboratory may not provide analytical results for compliance reporting or any
				department program for the field of testing for which certification has been
				withdrawn or discontinued.
3. A
				laboratory shall apply for revised reciprocal certification within thirty days
				of the issuance of a primary revised certification.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-29 - Client notification required

Current through Supplement No. 393, July, 2024
1. When
				the laboratory is discontinuing certification voluntarily, at least thirty days
				before the effective date of the laboratory's discontinuation of certification,
				the laboratory shall notify clients and affected regulatory agencies in writing
				of the discontinuation date and which fields of testing will be affected. The
				laboratory shall submit a copy of each client notification to the department at
				the same time the notification is sent under section 33.1-23-02-40.
2. The laboratory shall notify clients
				immediately if:
a. The primary certification
				authority downgrades the status for a parameter or field of testing to "not
				certified"; or
b. Certification is
				revoked, suspended, or terminated by the primary certification
				authority.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-30 - Recertification

Current through Supplement No. 393, July, 2024
To be recertified after voluntary withdrawal or
				  discontinuation of certification, a laboratory shall submit an application
				  meeting the requirements for:
1. A
				revised application, if reapplying within one year of the date that
				certification was discontinued; or
2. An initial application, if certification
				has been discontinued for more than one year.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-31 - Certification modification, suspension, revocation, or denial

Current through Supplement No. 393, July, 2024
The department may modify, suspend, revoke, or deny a
				  certification for reasons pertaining to: circumstances that do not meet the
				  purpose and provisions of this article, the provisions of the certification, or
				  the materials submitted as part of the application for certification; or,
				  violations of any applicable laws or rules. The department shall provide
				  written notice to the laboratory specifying the basis for the modification,
				  suspension, revocation, or denial. The laboratory may request a hearing in
				  accordance with North Dakota Century Code chapter 28-32 on the issue of
				  modification, suspension, revocation, or denial of the laboratory's
				  certification. The laboratory's hearing request must be made in writing and
				  received by the department within thirty days after the laboratory's receipt of
				  the notice.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-03 - ENVIRONMENTAL LABORATORY CERTIFICATION PROFICIENCY TESTING › Section 33.1-23-03-01 - Proficiency testing requirements

Current through Supplement No. 393, July, 2024
1. A
				laboratory shall complete at least one proficiency test successfully for each
				field of testing for which it applies for certification. The laboratory must
				complete the proficiency test no more than six months prior to submitting the
				application. If no proficiency test sample is available for an analyte, the
				laboratory is exempt from the requirements of this section only for that
				analyte.
2. Proficiency tests
				results must be included with the initial or revised certification application
				required for a primary certification or for reciprocal certification.
				Proficiency test results also may be reported to the department by the
				proficiency test provider upon completion of the study.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-03 - ENVIRONMENTAL LABORATORY CERTIFICATION PROFICIENCY TESTING › Section 33.1-23-03-02 - Laboratory testing of proficiency test study samples

Current through Supplement No. 393, July, 2024
To ensure valid proficiency test results, the laboratory
				  shall:
1. Obtain all proficiency test
				study samples as unknowns from a nationally recognized accreditation program
				approved vendor;
2. Manage,
				analyze, report, and otherwise handle all proficiency test samples in the same
				manner as routine samples, including the same staff, procedures, equipment, and
				facilities used for routine analysis for the field of testing;
3. Employ the same calibration, quality
				control, acceptance criteria, sequence of analytical steps, number of
				replicates, and other standard operating procedures for proficiency test
				samples as used when analyzing routine samples; and
4. Follow sample preparation steps for the
				proficiency test sample as instructed by the proficiency test sample
				provider.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-03 - ENVIRONMENTAL LABORATORY CERTIFICATION PROFICIENCY TESTING › Section 33.1-23-03-03 - Reporting results

Current through Supplement No. 393, July, 2024
1. A laboratory
				shall submit the results of all proficiency tests to the department no later
				than thirty days after the laboratory receives the results from the proficiency
				test sample provider.
2. A
				laboratory conducting proficiency testing as part of an initial or revised
				application shall submit the results of proficiency tests as part of the
				application.
3. A laboratory either
				shall provide a copy of the original results to the department or authorize the
				proficiency test sample provider to provide all results directly to the
				department.
4. Proficiency test
				samples analyzed or reported to the proficiency test sample provider after the
				provider's study closing date are not valid for compliance with the proficiency
				testing requirements under this section.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-03 - ENVIRONMENTAL LABORATORY CERTIFICATION PROFICIENCY TESTING › Section 33.1-23-03-04 - Restrictions on exchanging information

Current through Supplement No. 393, July, 2024
Prior to the time the results of the proficiency test are
				  submitted to the proficiency test sample provider, a laboratory may not:
1. Communicate proficiency test results to
				another laboratory, including intercompany communication; or
2. Attempt to obtain the assigned value of
				any proficiency test sample from a proficiency test sample provider or another
				laboratory.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-03 - ENVIRONMENTAL LABORATORY CERTIFICATION PROFICIENCY TESTING › Section 33.1-23-03-05 - Evaluation on results

Current through Supplement No. 393, July, 2024
1. A laboratory
				must demonstrate passing performance to the department, as determined by the
				proficiency test sample provider, for each parameter and method or field of
				testing reported.
2. A laboratory
				may use one proficiency test sample for multiple methods.
3. A laboratory may not request a revised
				report from the proficiency test sample provider when the requested revisions
				are the result of error on the part of the laboratory.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-03 - ENVIRONMENTAL LABORATORY CERTIFICATION PROFICIENCY TESTING › Section 33.1-23-03-06 - Repeat proficiency tests

Current through Supplement No. 393, July, 2024
1. A
				laboratory with primary certification may repeat proficiency tests after
				obtaining unacceptable results as follows:
a.
				If the first proficiency test result is unacceptable, the laboratory shall
				resolve the suspected cause, document the corrective action, and complete a
				second proficiency test within thirty days of receiving the unacceptable
				result;
b. If the second
				proficiency test result is unacceptable, the laboratory shall:
(1) Resolve the suspected cause and submit a
				corrective action report to the department within thirty days of receiving the
				second unacceptable result; and
(2)
				Order and complete a third proficiency test within thirty days of receiving the
				unacceptable result of the second proficiency test;
c. If the third proficiency test result is
				unacceptable, the laboratory may not provide analytical results for compliance
				reporting or any department program for the field of testing for which the
				laboratory failed to demonstrate acceptable proficiency test results. The
				laboratory may resume providing analytical results when the laboratory passes
				two consecutive proficiency tests conducted at least fifteen days apart. The
				laboratory shall submit a corrective action report to the department within
				thirty days of passing the second of the two proficiency tests.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-04 - ENVIRONMENTAL LABORATORY CERTIFICATION FEE DETERMINATION › Section 33.1-23-04-01 - Method

Current through Supplement No. 393, July, 2024
1. Certification fees for primary initial,
				renewed, or revised application are based on matrix, type, and complexity of
				analytical methods that a laboratory is certified to perform.
2. Certification fees for reciprocal initial,
				renewed, or revised applications are based on the number of fields of testing
				on a certificate.
3. Each fee item
				is assigned a point value. The cost per point value determined is multiplied by
				the total number of points for each application. Total applicable fees are
				computed by the following equation:
X = (Y)(Z)
Where:
X = total fees applied to the certification application
				  invoice
Y = cost assigned to the point value in section
				  33.1-23-04-02
Z = sum of point values as determined for initial, renewed,
				  or revised applications.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-04 - ENVIRONMENTAL LABORATORY CERTIFICATION FEE DETERMINATION › Section 33.1-23-04-02 - Computation of cost per point value

Current through Supplement No. 393, July, 2024
1. The
				department computes the cost per point value based upon the salaries, wages,
				benefits, and operating expenses.
2. The point value can be found on the
				department's website.
3. The cost
				associated with the point value may be adjusted on an annual basis to account
				for any increase in the consumer price index published by the department of
				labor, as of the close of the twelve-month period ending on August thirty-first
				of each calendar year.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-04 - ENVIRONMENTAL LABORATORY CERTIFICATION FEE DETERMINATION › Section 33.1-23-04-03 - Payment of fees

Current through Supplement No. 393, July, 2024
1. A laboratory
				shall pay the fees required in this article within thirty days of receiving the
				department's invoice.
2.
				Certification of a laboratory may not be awarded until all fees are
				paid.
3. Fees are nonrefundable
				once an invoice has been issued.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-04 - ENVIRONMENTAL LABORATORY CERTIFICATION FEE DETERMINATION › Section 33.1-23-04-04 - Initial or renewed application points

Current through Supplement No. 393, July, 2024
1.
				The points assessed for certification application or category types designated
				in this section are multiplied by the cost per point value determined to
				calculate the appropriate fee.
2. Application or Category Type for Primary
								Certifications
Point Value
a. Initial application
6
b. Renewed application
3
c. Matrix fee, aqueous
5
d. Matrix fee, solid
5
e. Matrix fee, drinking water
5
f. Electrometric assays (ion-selective
								electrodes)
1
g. Gravimetric assays, residues (solids)
1
h. Gravimetric assays, oil and grease (HEM)
2
i. Titrimetric or potentiometric titration
								assays
1
j. Colorimetric or nephelometric
								spectrophotometry
2
k. Combustion or oxidation
3
l. IC (ion chromatography)
3
m. Flow injection - Gas diffusion -
								Amperometry
5
n. Waste characteristic extractions
2
o. Waste characterization assays
2
p. FLAA (flame atomic absorption
								spectrometry)
2
q. CVAA (cold vapor atomic absorption)
3
r. Hydride AA (gaseous hydride spectrometry)
3
s. CVAFS (cold vapor atomic fluorescence
								spectrometry)
3
t. TDAA (thermal decomposition atomic absorption
								spectrometry)
3
u. GFAA (graphite furnace atomic absorption
								spectrometry)
3
v. Ultra-low level metals assays
3
w. ICP (inductively coupled plasma emission
								spectrometry)
4
x. ICP/MS (inductively coupled plasma-mass
								spectrometry)
5
y. GC (gas chromatography)
3
z. GC/MS (gas chromatography-mass
								spectrometry)
4
aa. HPLC (high performance liquid
								chromatography)
3
bb. LC/MS (liquid chromatography-mass
								spectrometry)
4
cc. HR-GC/MS (high resolution GC - mass
								spectrometry)
10
dd. LC/MS/MS (liquid chromatography -
								mass spectrometry - mass spectrometry)
10
ee. WET (whole effluent toxicity assays)
5
ff. Other
Contact department
3. Application or Category Type for Reciprocal
								Certification
Point Value
a. Initial and renewed application
10
b. Level 1: 0-200 parameters
2
c. Level 2: 201-500 parameters
5
d. Level 3: 500-1000 parameters
10
e. Level 4: 1000-2000 parameters
20
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-04 - ENVIRONMENTAL LABORATORY CERTIFICATION FEE DETERMINATION › Section 33.1-23-04-05 - Revised application points

Current through Supplement No. 393, July, 2024
1. Fees for
				laboratories with primary certification and applying for a revised application
				to add a new test category to the laboratory's certification are computed by
				the following equation:
X = Y + Z
Where:
X = total fees
Y = any incurred costs for an onsite audit to review new
				  instrumentation or technology
Z = fees associated with the point value of the new test
				  category as outlined in the initial or renewed application points
				  section.
2. Laboratories
				with primary certification and applying for a revised application to add or
				drop parameters under a method whereby the laboratory is already certified will
				be charged 1 point value to update the certificate and list of certified
				parameters.
3. Laboratories with
				reciprocal certification and applying for a revised application shall pay the
				following:
a. Fees equal to 1 point value
				when using the same primary certificate number as used for the initial or
				renewed application.
b. When using
				a primary certificate number other than the one used for the initial or renewed
				application, fees are computed according to the following equation:
X = Y + Z
Where:
X = total fees
Y = fees associated with 1 point value
Z = fees associated with the level as described in the
				  initial or renewed application points section
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-01 - GENERAL PROVISIONS › Section 33.1-24-01-01 - Purpose

Current through Supplement No. 393, July, 2024
It is the purpose of this article to provide for the
				  comprehensive regulation of hazardous waste from "cradle-to-grave" in order to
				  protect public health, safety and welfare, and to enhance the environment for
				  the people of North Dakota.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-01 - GENERAL PROVISIONS › Section 33.1-24-01-02 - Scope

Current through Supplement No. 393, July, 2024
This article is applicable to all hazardous waste generators;
				  transporters; and owners or operators of treatment, storage, or disposal
				  facilities.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-01 - GENERAL PROVISIONS › Section 33.1-24-01-03 - Authority

Current through Supplement No. 393, July, 2024
The department has been authorized to promulgate and
				  administer this article under the provisions of North Dakota Century Code
				  chapter 23.1-04.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19