Cal. Code Regs. tit. 22 § 64817

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 64817 - Laboratory Personnel
(a) Each laboratory shall designate a Laboratory Director. Except as provided in (b) below, no person shall be designated as a Laboratory Director unless he or she meets the following educational and experience requirements.
(1) Possesses at least a baccalaureate degree in chemistry, biochemistry, biology, microbiology, environmental, sanitary or public health engineering, natural or physical science.
(2) Has at least three years experience in the analysis of water, wastewater, solid waste, hazardous waste or other environmental samples. The experience requirement shall be satisfied from relevant work experience prior to the person having obtained the position of Laboratory Director. A master's degree in chemistry, biochemistry, biology, microbiology, environmental, sanitary or public hearing engineering, natural or physical science may be substituted for one year of the required experience. A doctorate in chemistry, biochemistry, environmental, sanitary or public hearing engineering, biology, microbiology, natural or physical science may be substituted for two years of the required experience.
(b) Laboratory Directors of utility-owned water or wastewater treatment plant laboratories performing any of the analyses required under Section 4025 of the Health and Safety Code, or Section 13176 of the Water Code may fulfill the requirements for Laboratory Director by possession of a Laboratory Analyst/Water Quality Analyst Certificate from the California Water Pollution Control Association (CWPCA) or the California-Nevada Section of the American Water Works Association (CA-NV/AWWA). The minimum grade of the above certificate acceptable to the Department shall be based on the Fields of Testing for which the laboratory seeks certification as noted in the conversion table set out below:

Minimum Certificate

Fields of Testing

Grade Required

1, 2 [FNa1] and 16 [FNaa1]

I

1, 2, 8 and 16

II

3, 5, 17 and 19 plus those

allowed for a grade II

III

4, 6, and 18 plus those

allowed for a grade III

IV

[FNa1] Limited to testing for: alkalinity, chloride, hardness, total filterable residue, and conductivity.

[FNa2] Limited to testing for: acidity, alkalinity, biochemical oxygen demand, chemical oxygen demand, chlorine residual, hardness, dissolved oxygen, pH, total residue, filterable residue, nonfilterable residue, settleable residue, volatile residue, specific conductance, and turbidity.

(c) All Laboratory Directors of laboratories certified by the Department as of December 31, 1994 shall be exempt from meeting therequirements of (a) or (b) above.
(d) A Laboratory Director shall be responsible for:
(1) all analytical and operational activities of the laboratory, including those of any auxiliary or mobile laboratory facilities; and
(2) supervision of all personnel employed by the laboratory, including those assigned to work in any auxiliary or mobile laboratory facilities, and those persons designated as Principle Analysts; and
(3) the accuracy and quality of all data reported by the laboratory, including any auxiliary or mobile laboratory facilities.
(e) If, for any reason, a Laboratory Director leaves and is not replaced within 15 days by a person meeting the requirements specified in (a) or (b), whichever applies, a person or persons with lesser qualifications may serve as a temporary director for a period not to exceed ninety days, provided that the laboratory notifies the Department, pursuant to Section 1014(d) of the Health and Safety Code, describing the qualifications of the temporary director and receives written confirmation from the Department. An additional extension of no more than ninety days beyond the original 90-day period may be granted by the Department, provided the laboratory can document that its good-faith efforts to recruit a qualified director were unsuccessful for reason beyond its control.
(f) A Laboratory Director shall assume the position of, or shall designate another person as Principal Analyst whenever there is use of a sophisticated laboratory instrument as defined in Section 64801(k). No person shall be a Principal Analyst for a laboratory unless he or she is:
(1) the user of the sophisticated laboratory instrument; or
(2) the supervisor of the users of the sophisticated laboratory instrument.
(g) Except as provided in (h) below, no person shall be a Principal Analyst unless he or she meets the following educational and experience requirements.
(1) Possesses at least a baccalaureate degree in chemistry, biochemistry, biology, microbiology, environmental, sanitary or public health engineering, natural or physical science; or
(2) Possesses a certification of participation in, and completion of, a course taught by the manufacturer of the particular sophisticated laboratory instrument which is being used or supervised by the Principal Analyst; and
(3) Has at least six months experience in the operation of a sophisticated laboratory instrument in the analysis of water, wastewater, solid waste, hazardous waste or other environmental samples, or food. This experience requirement must be satisfied from experience gained prior to obtaining the position of Principal Analyst.
(h) Principal Analysts of utility-owned water or wastewater treatment plant laboratories performing any analyses under Section 4025 of the Health and Safety Code, or Section 13176 of the Water Code may fulfill the requirements for Principal Analyst by possession of a Laboratory Analyst/Water Quality Analyst Certificate from the California Water Pollution Control Association (CWPCA) or the California-Nevada Section of the American Water Works Association (CA-NV/AWWA). The minimum grade of the above certificate acceptable to the Department shall be based on the Fields of Testing for which the laboratory seeks certification as noted in the conversion table set out below:

Mininimum Certificate

Fields of Testing

Grade Required

1, 2 and 16

I

8 plus those allowed for

a Grade I

II

3, 5, 17 and 19 plus those

allowed for a grade II

III

4, 6, and 18 plus those

allowed for a grade III

IV

(i) All Principal Analysts of laboratories certified by the Department as of December 31, 1994 shall be exempt from meeting the requirements of (g) or (h) above.

Cal. Code Regs. Tit. 22, § 64817

Note: Authority cited: Sections 208, 1011 and 1012, Health and Safety Code. Reference: Section 1012, Health and Safety Code.

1. New article 9 and section filed 12-2-94; operative 12-2-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 48).