Ala. Admin. Code r. 335-7-13-.08

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-7-13-.08 - Certification Downgrade Process

(1) A laboratory may be downgraded to "provisionally certified" status for a parameter or group of parameters for any of the following reasons:

(a) Failure to satisfactorily analyze a PE sample at least annually, or as directed by the Department;

(b) Failure of a certified laboratory to notify the Department within 30 days of major changes (e.g., in personnel, equipment, or laboratory location);

(c) Failure to satisfy the Department that the laboratory is maintaining the required standard of quality, based upon an on-site audit; or

(d) Failure to report compliance data to the public water system or the Department in a timely manner.

(2) If a laboratory is subject to downgrading in accordance with paragraph (1) of this rule, it shall respond to an intent to downgrade notification from the Department within 30 days. The written response shall specify the corrective actions being taken, the time frame those actions will take to complete, and any proposed actions that need the concurrence of the Department.

(3) A laboratory that fails to satisfactorily analyze a PE sample may avoid a downgrade in certification if it identifies and corrects the problem to the Department's satisfaction within 30 days of being notified of the failure.

(a) The laboratory shall submit a second PE sample within the Department-specified timeframe from the first unsatisfactory PE sample.

(b) If the second PE sample is unsatisfactory, the laboratory may be downgraded to "provisionally certified".

(4) After the Department notifies a laboratory that it has been downgraded to "provisionally certified" status for procedural, administrative, equipment, or personnel deficiency, the laboratory must correct any noted issues within 90 days.

(5) If the laboratory was downgraded to "provisionally certified" status because of a failure to satisfactorily analyze a PE sample, the laboratory shall correct its deficiencies and satisfactorily analyze another PE sample within 30 days of receipt of the certification downgrade.

Ala. Admin. Code r. 335-7-13-.08

New Rule: Filed November 7, 1997; effective December 12, 1997. Repealed: Filed October 23, 2012; effective November 27, 2012.

Adopted by Alabama Administrative Monthly Volume XXXIX, Issue No. 07, April 30, 2021, eff. 6/14/2021.

Authors: Aubrey H. White III, James M. Arnold

Statutory Authority:Code of Ala. 1975, § 22-23-49.