Current through Register Vol. 54, No. 24, June 15, 2024
Section 86.92 - Basic qualifications(a) To be designated as a qualified consultant or qualified laboratory, the consultant or laboratory shall demonstrate that it: (1) Is staffed with experienced, professional personnel in the fields of hydrology, mining engineering, aquatic biology, geology or chemistry applicable to the work to be performed as a water laboratory, overburden laboratory or consulting firm.(2) Is capable of collecting necessary field data and samples.(3) Has adequate space for material preparation, cleaning and sterilizing necessary equipment, stationary equipment, storage and space to accommodate periods of peak work loads.(4) Meets the requirements of the Occupational Safety and Health Act of 1970, the act of December 29, 1970 (Pub.L. No. 91-596) (84 Stat. 1590).(5) Has the financial capability and business organization necessary to perform the work required.(6) Has analytical, monitoring and measuring equipment capable of meeting the applicable standards and methods contained in: (i) The current edition of Standard Methods of the Examination of Water and Waste Water.(ii)Methods of Chemical Analysis of Water and Wastes, as amended. The standards contained therein are incorporated by reference. Available from ORD Publications, CERTI, EPA, Cincinatti, Ohio 45278 March 1983 (EPA-600/4-79-020).(iii) The EPA standards as described in 40 CFR Part 136 (relating to guidelines establishing test procedures for the analysis of pollutants).(iv) The Department's Overburden Sampling and Testing Manual.(7) Has the capability of making hydrologic field measurements and analytical laboratory determinations by acceptable hydrologic engineering or analytical methods or by appropriate methods or guidelines for data acquisition recommended by the Department.(b) The qualified consultant shall be capable of performing the services under § 86.81 (relating to program services). Subcontractors may be used to provide the services required if the use is defined in the application for designation and approved by the Department.(c) Persons who desire to be included in the list of qualified consultants or qualified laboratories established by the Department under § 86.82 (relating to responsibilities) shall apply to the Department and provide the information necessary to establish the qualifications required by this section.The provisions of this § 86.92 adopted December 19, 1980, 10 Pa.B. 4789, effective 7/31/1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective 7/31/1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective 7/27/1991, 21 Pa.B. 3316; amended September 29, 1995, effective 9/30/1995, 25 Pa.B. 4124; amended January 2, 1998, effective 1/3/1998, 28 Pa.B. 15. This section cited in 25 Pa. Code § 86.80 (relating to definitions).