Cal. Code Regs. tit. 22 § 64812.00

Current through Register 2025 Notice Reg. No. 2, January 10, 2025

Section 64812.00 - Laboratory Personnel

(a) A laboratory shall designate a Technical Manager. Except as provided in subdivisions (b) and/or (c), below, the Technical Manager shall have at minimum:

(1) A baccalaureate degree in chemistry, biochemistry, biology, microbiology, natural or physical science, environmental engineering, sanitary engineering, or chemical engineering; and

(2) Three (3) years' experience in the analysis of chemical, biological, or microbiological samples in an environmental laboratory, prior to being designated Technical Manager, subject to the following allowances:

(A) A master's degree in chemistry, biochemistry, biology, microbiology, natural or physical science, environmental engineering, sanitary engineering, or chemical engineering may be substituted for one (1) year of the required experience;

(B) A doctorate in chemistry, biochemistry, biology, microbiology, natural or physical science, environmental engineering, sanitary engineering, or chemical engineering may be substituted for two (2) years of the required experience.

(b) An employee of a drinking water or wastewater treatment facility, who holds a valid CWEA Laboratory Analyst certification or CA-NV/AWWA Water Quality Analyst certification, shall be deemed to meet the qualifications of Technical Manager if the grade of certification has educational and experience requirements appropriate to the scope of analytical testing in the facility's laboratory. Table 3 below states the grades of certification and the required training or experience to obtain for each grade.

Table 3: Analyst Certification grades and Required Training or Experience

*CA-NV AWWA*	*CWEA*	*Required Training or Experience*

I	I	Microbiological Methods
		Solids Methods
		Biochemical Oxygen Demand (BOD)
		Methods
		Carbonaceous BOD Methods

II	II	Titrimetric Methods
		Methods using Specific Ion
		Electrode Technologies
		Colorimetric Methods

III	III	Methods using Ion Chromatography
		Methods using Flame Atomic
		Absorption
		Methods using Graphite Furnace
		Atomic Absorption

IV	IV	Methods using Gas or Liquid
		Chromatography Technologies
		Methods using Inductively Coupled
		Plasma Technologies

(c) The following shall be exempt from meeting the requirements in subdivisions (a) and (b), above:

(1) An individual who has continuously held the position of Technical Manager at an environmental testing laboratory since the laboratory was first accredited, provided that the accreditation date was on or before December 31, 1994; and

(2) A director of a public health laboratory, pursuant to Health and Safety Code sections 101150 and 101160.

(d) The Technical Manager, and/or their designee, shall:

(1) Comply with 2016 TNI Standard - Revision 2.1, Volume 1, Module 2, Sections 4.1.7.2, herein incorporated by reference (with the exception of part [f]); or

(2) Be responsible for:

(A) All analytical and operational activities of the laboratory, including activities of satellite or mobile laboratories under the same certificate of accreditation;

(B) Supervision of all personnel employed by the laboratory, including personnel assigned to work in satellite or mobile laboratories under the same certificate of accreditation; and

(C) The accuracy and quality of all data reported by the laboratory, including data from satellite or mobile laboratories under the same certificate of accreditation.

(e) Subdivision (d)(2), above, will become invalid three (3) years from the effective date of these regulations, and laboratories will be required comply with subdivision (d)(1), above.

(f) If a Technical Manager is absent for a period of time exceeding:

(1) Fifteen (15) consecutive days, a person meeting the qualifications of the Technical Manager shall be designated to serve as a temporary Technical Manager; or

(2) Thirty-five (35) consecutive days, ELAP shall be notified in writing.

(g) Three (3) years from the effective date of these regulations, a laboratory shall designate a Quality Manager. The Quality Manager, and/or their designee, shall comply with 2016 TNI Standard - Revision 2.1, Volume 1, Module 2, Section 4.1.5(i), 4.1.7.1, 4.2.6, 4.2.8.2, and 4.14.1, herein incorporated by reference.

(h) A laboratory shall designate a Principal Analyst(s) to be a user of Sophisticated Technology, defined in Section 64801.00(v), or a supervisor of the users of Sophisticated Technology. The Principal Analyst shall:

(1) Possess at least a baccalaureate degree in chemistry, biochemistry, biology, microbiology, natural or physical sciences, environmental engineering, sanitary engineering, or chemical engineering; or

(2) Possess a certificate of completion in a course taught by the manufacturer of the Sophisticated Technology being used or supervised by the Principal Analyst: and

(3) Have at least six months experience in the operation of Sophisticated Technology in the analysis of environmental samples prior to obtaining the position of Principal Analyst.

(i) Subdivision (h), above, will become invalid three (3) years from the effective date of these regulations, at which time laboratories will be required to meet 2016 TNI Standard - Revision 2.1, Volume 1, Module 2, Section 5.2, herein incorporated by reference (excluding 5.2.6).

(j) Sophisticated Technology in the laboratory shall be operated by either the Technical Manager, Principal Analyst, or other personnel designated by the Technical Manager.

Cal. Code Regs. Tit. 22, § 64812.00

1. Amendment of article heading, repealer of former article 5 (section 64811), new article 5 (sections 64812.00-64812.05) and new section filed 11-19-2020; operative 1-1-2021 (Register 2020, No. 47). (Filing deadline specified in Government Code section 11349.3(a) extended by 60 calendar days pursuant to Executive Order N-40-20.)

Note: Authority cited: Sections 100829 and 100830, Health and Safety Code. Reference: Sections 100825, 100840 and 100845, Health and Safety Code.

1. Amendment of article heading, repealer of former article 5 (section 64811), new article 5 (sections 64812.00-64812.05) and new section filed 11-19-2020; operative 1/1/2021 (Register 2020, No. 47). (Filing deadline specified in Government Code section 11349.3(a) extended by 60 calendar days pursuant to Executive Order N-40-20.)