N.J. Admin. Code § 7:18-2.15

Current through Register Vol. 56, No. 17, September 3, 2024

Section 7:18-2.15 - Cancellation, suspension, or revocation of certification

(a) Any certified environmental laboratory may cancel its certification in any Category, or in any parameters within a Category, by notifying the Department in writing. Cancellations during a PT study are subject to 7:18-2.13(i)3iv. When totally withdrawing from the environmental laboratory certification program, the environmental laboratory shall enclose its certificate and ACPL with the letter of notification. This cancellation notification shall not entitle the environmental laboratory to any refund of its certification fees.

(b) The Department may suspend a certified environmental laboratory's certification for any one or more of the grounds listed below. Grounds for suspension include the following:

1. For all Categories, except Radiochemical Testing and Radon/Radon Progeny-in-Air, failure to submit results of PT sample analyses for every required parameter in two consecutive proficiency studies, pursuant to 7:18-2.13;

2. For the Radiochemical or Radon/Radon Progeny-in-Air Categories, failure to submit results of PT samples in two consecutive PT studies as required under 7:18-2.13(h);

3. For all Categories, except those in Radiochemical Testing, Radon/Radon Progeny-in-Air, or Categories DW08, DW09, NPW10, NPW11, SCM09, SCM10, SCM11, CLP02, CLP03, CLP05, CLP06, and AE04, failing to acceptably analyze all samples for any one parameter in two consecutive PT studies. This failure is grounds for suspension in the parameter;

4. For Categories DW08, DW09, NPW10, NPW11, SCM09, SCM10, SCM11, CLP02, CLP03, CLP05, CLP06, and AE04, failing to acceptably analyze all samples for any one parameter in two consecutive proficiency studies. This failure is grounds for suspension in the method used to analyze the parameter in question;

5. For radiochemical parameters, failure to acceptably analyze one PT sample or two cross-check samples per year;

6. For determination of radon in water, failure to acceptably analyze all required PT samples, not to exceed four samples per year;

7. For radon/radon progeny-in-air, failure to acceptably analyze all required RMP tests made available during the fiscal year through an authorized proficiency testing program for each stationary detection device, not to exceed four tests per year and not less than one per year;

8. The occurrence of a moderate or major violation (as defined at 7:18-10.4) , if one of the following has occurred within the three years preceding the violation:

i. Another moderate or major violation for the same parameter or method; or

ii. Another moderate or major violation arising from the same type of act or omission (such as an act or omission concerning laboratory personnel requirements; equipment, supplies, materials and instrumentation; testing procedures; misrepresentation; or work beyond the purview of a certification); or

9. The violation of an order by the Department to correct a moderate or major violation within a specified time.

(c) The Department may suspend a laboratory's certification for any of the grounds listed in (b) above, in accordance with the procedure described in (c)1 through 6 below.

1. The Department shall issue an administrative order to the laboratory. In the administrative order, the Department shall state the areas in which the certification is suspended, the minimum duration of the suspension and the reason for the suspension.

2. The minimum duration of the suspension shall be six months.

3. If the suspension is based on any of the grounds listed in (b)1 through 7 above, the Department may limit the suspension to the method or parameter in question, or to the method used to analyze the parameter in question.

4. A suspension ends only after all of the following requirements have been satisfied:

i. The minimum duration of the suspension has elapsed;

ii. The laboratory has corrected all circumstances which provided grounds for the suspension;

iii. If the suspension is based on any of the grounds listed in (b)1 through 7 above, the laboratory has successfully completed a proficiency test pursuant to 7:18-2.13. If the suspension is based on the grounds listed in (b)7 above for radon/radon progeny-in-air, the laboratory shall successfully complete another proficiency test within 120 days after the date of the administrative order. If the laboratory does not successfully complete the proficiency test within 120 days, the certification shall automatically be revoked for each stationary detection device that is the subject of the suspension;

iv. The laboratory has made a written request to the Department to end the suspension. With the request, the laboratory shall include documentation demonstrating that the correction described in ii above has been made; and

v. The laboratory has received written notice from the Department that the suspension has ended.

5. If the suspension applies to all Categories in which the laboratory is certified, the laboratory shall return its certificate and ACPL to the Department within 10 days of receiving the administrative order.

6. A laboratory may request a hearing in accordance with 7:18-2.17 to contest a suspension.

(d) The Department may revoke an environmental laboratory's certification for any one or more of the following grounds:

1. The recurrence of any of the grounds for suspension listed in (b) above, after the laboratory's certification has been suspended based on such grounds;

2. A material misrepresentation made to the Department;

3. A material misrepresentation made to persons other than the Department, involving the laboratory's status as a certified environmental laboratory. For example, if a laboratory is performing an analysis for a customer who will not be using the results for regulatory purposes, and the laboratory is using a method for which it is not certified, the laboratory will have made a misrepresentation unless it:

i. Disclosed to the customer that it is using a method for which it is not certified; or

ii. Did not hold itself out to the customer as a certified environmental laboratory;

4. Making a change in personnel, facilities or techniques which results in a material failure to meet the standards of this chapter;

5. A violation of 7:18-2.12;

6. Failure to allow access for an on-site audit as required by 7:18-2.14(a); or

7. Failure to correct all deficiencies by the date established in a corrective action plan as required by 7:18-2.14(g).

(e) The Department may revoke a laboratory's certification for any of the grounds listed in (d) above, in accordance with the procedure described in (e)1 through 4 below.

1. The Department shall issue an administrative order to the laboratory. In the administrative order, the Department shall state the areas in which the certification is revoked, and the reason for the revocation.

2. If the revocation is based on a recurrence or failure to correct any of the grounds listed in (b)1 through 7 above, the Department may limit the revocation to the parameter in question, or to the method used to analyze the parameter in question.

3. If the revocation applies to all parameters and all methods in which the laboratory is certified, the laboratory shall return its certificate and ACPL to the Department within 10 days of receiving the administrative order.

4. A laboratory may request a hearing in accordance with 7:18-2.17 to contest a revocation, except as provided in (f) below.

(f) The Department may revoke a laboratory's temporary approval for any of the grounds listed in (b) or (d) above. The laboratory shall not have a right to a hearing to contest the revocation.

N.J. Admin. Code § 7:18-2.15

Amended by 47 N.J.R. 782(a), effective 4/20/2015.