Section 14-103.0071 - Source and Product Certification SystemsApproved sources may certify approved products through either a Conditional QC Certification System or a Full QC Certification System. The Department will inspect the source, monitor the producer's QCP, and determine the system under which the producer may certify the product.
(1) Full QC Certification System. A producer may employ the Full QC Certification System for an approved source and its approved products that meet the conditions of this subsection, including paragraphs (a) through (k) below. The Department will inform the producer in writing at such time as the Department will accept certification of a product pursuant to the Full QC Certification System. Under the Full QC Certification System, the producer may certify and ship a product based on its own QC data meeting the requirements of Section 2.2 of the Construction Aggregates Manual. However, the Department reserves the right to reject any defective material based on its own verification testing. The Department will periodically direct the collection of verification samples from selected products that are being certified under the Full QC Certification System. The verification data will be compared with the QC data over an equivalent time period in order to validate the quality of aggregate certified under the Full QC Certification System. The Department will consider supporting documentation in its evaluation of the data. The Department will investigate the possible cause(s) for any unfavorable comparisons through additional verification inspections, sampling and testing, and review of its own verification procedures. The producer shall fully participate in the Department's review of the QC operation, including, but not limited to: increased sampling frequencies, sample retention, split sample comparisons, and additional inspections. If the Department is unable to validate the QC data's compliance with the limits and standards of Section 2.2 of the Construction Aggregates Manual, the product will be removed from the Full QC Certification System. The following additional requirements apply to sources using the Full QC Certification System:(a) The producer shall consistently perform proper and timely sampling and testing of its aggregate products pursuant to the frequencies approved by the Department as modified by the increased minimum requirements set out in Section 1.2 of the Construction Aggregates Manual, and Appendices 1 through 18 thereto.(b) The producer shall maintain proper and timely records and have accurate test data and control charts available for itself and for Department inspectors in accordance with the limits of Section 1.3 of the Construction Aggregates Manual.(c) The producer shall keep in force the procedures specified in its approved QCP, except upon prior Department approval of a producer-submitted addendum requesting a change. The criteria to approve the addendum must meet the elements as stated in Rule 14-103.006, F.A.C.(d) The producer shall certify only shipments of approved products, consisting solely of aggregate produced under its Department-approved QCP.(e) The producer shall keep materials not processed under its QCP separate and distinct from aggregates intended for certification.(f) The producer shall properly certify or transmit certification for all shipments of aggregate intended for usage on Department projects in accordance with subsection 14-103.004(5), F.A.C., unless the Department specifically changes the project's certification requirement.(g) The producer shall demonstrate effective implementation of its QCP by consistently controlling production of aggregates so as to comply with Section 2.2 of the Construction Aggregates Manual.(h) The producer's plan for dealing with control failures as specified in subsection 14-103.006(13), F.A.C., shall be effective in identifying control failures prior to the product falling below the limits set out in Section 2.2 of the Construction Aggregates Manual.1. Upon timely notification to the Department of a control failure, the producer may continue to certify material under the Full QC Certification System even though affected data subsequent to the notification falls within the limits set out in Section 2.3 of the Construction Aggregates Manual, provided the following additional requirements are met:a. The producer shall identify the cause of the control failure pursuant to subsection 14-103.006(13), F.A.C., and implement corrective actions to prevent reoccurrence.b. The producer may request a re-initialization of the product's data, starting with the effective date of the corrective action, based on a determination by the Department that the corrective action can reasonably be expected to prevent reoccurrence of the control failure and assure continued compliance with Section 2.2 of the Construction Aggregates Manual.c. Analysis of data for test results generated subsequent to the corrective action must meet the requirements of Section 2.2 of the Construction Aggregates Manual.2. Three or more control failures related to the same cause that result in the use of subparagraph 1., above, for the same product during any 365-day period shall be considered prima facie evidence that the QCP has been ineffective in consistently controlling production of aggregates so as to comply with Section 2.2 of the Construction Aggregates Manual.3. When a product's compliance level mandates a change as described in Section 2.2 and Section 2.3 of the Construction Aggregates Manual, without the producer giving timely notification as specified in subparagraph 1., above, the Department will remove the product from the list of approved products. The producer may request reinstatement of the product under the Conditional QC Certification System.(i) The producer's designated laboratory shall maintain up-to-date and accurate Quality Control records, including: a log of sample collection and identification, laboratory work sheets, test results, records of technician and laboratory qualifications, and information on instrument calibration and maintenance.(j) The producer and its designated laboratory shall maintain properly trained and qualified QC personnel, accurate and satisfactory test equipment, and proper procedures.(k) Independent verification testing, as performed by the Department, must confirm that material shipped complies with all applicable specifications.(2) Conditional QC Certification System. A producer may employ the Conditional QC Certification System for an approved source and its approved products that meet the conditions of this subsection, including paragraphs (a) through (d) below. A producer that uses the Conditional QC Certification System may only certify aggregate from isolated stockpiles released for shipment by the Department. The producer must still comply with its QCP, and evaluate its data to determine compliance with Section 2.3 of the Construction Aggregates Manual. However, only individual stockpiles for which QC data has been found to meet the requirements of Section 2.2 of the Construction Aggregates Manual may be proposed for acceptance. The Department will set the QC sampling frequencies at a level specified for less than 95% compliance as shown in Appendices 1 through 18 of the Construction Aggregates Manual. Pre-tested stockpiles will be subject to independent verification tests meeting specification requirements prior to release.(a) When the Department determines that a producer has not met the requirements in subsection 14-103.0071(1), F.A.C., it will advise the producer in writing that the Department will no longer accept certification of products pursuant to the Full QC Certification System. The producer shall thereafter employ the Conditional QC Certification System and shall, within 90 days after receipt of the written Department notification, demonstrate that it is back in full compliance with the conditions of the Full QC Certification System. If the producer has not made this demonstration within this period, the source or product shall be subject to suspension pursuant to Rule 14-103.009, F.A.C.(b) When QC results for aggregate properties determined by a test method fall below Department compliance levels in Section 2.2 of the Construction Aggregates Manual, or cannot be validated by the Department's own verification testing, sampling frequency for that test method will be increased to a level no greater than the maximum stated in the Construction Aggregates Manual. For products reinstated under the Conditional QC Certification System, the Department will set the minimum QC sampling frequencies applicable for those test methods at a level specified for less than 95% compliance as shown in Appendices 1 through 18 of the Construction Aggregates Manual. Other test methods, for which the Department is able to establish continued compliance with Section 2.2 of the Construction Aggregates Manual, may continue to be sampled, tested, and evaluated at the previously established frequencies. However, test methods for which data had previously fallen below compliance or could not be validated by the Department's own verification testing will be based on test results for the individual stockpile.(c) The producer shall physically combine individual "lots" up to but not exceeding a total of one week's production, for the purposes of creating a pre-tested stockpile for evaluation and disposition in accordance with Section 2.2 of the Construction Aggregates Manual.(d) The producer may request approval to certify a product without the need for verification testing, based on Department review and a determination that the producer's QCP and its history of operations indicate that the producer can reasonably be expected to satisfy the conditions of Section 2.2 of the Construction Aggregates Manual.(e) The producer may request to ship part or all of a pre-tested stockpile, uncertified and not for usage on Department projects, prior to completion or evaluation of the stockpile. The producer shall provide timely notification to the Department to allow for the option of independent verification testing. Shipment of part or all of a pre-tested stockpile without such notification shall disqualify the stockpile for certification and void the use of its data for establishing product compliance.(f) The producer can request to produce aggregate from specific layers, pits, or locations within a mine, and to add other controls or tests addressing specific mining or processing problems for a particular source or product, when practicable and appropriate, to ensure the quality and acceptability of a source or product for use in Department projects.(3) New Approvals. (a) A producer that has received approval of a new source pursuant to Rule 14-103.004, F.A.C., shall employ the Conditional QC Certification System for a period necessary to demonstrate that it has fully and properly implemented its proposed QCP and to provide data for statistical analysis to determine whether at least one product satisfies the conditions of Section 2.2 of the Construction Aggregates Manual. The Conditional QC Certification System may also be employed for new requests for the addition of aggregate products at Redistribution Terminals from Type I, Type II and Type IV approved sources provided there are no changes in the terminal's process. The evaluation period for new sources shall not exceed 90 days of operation, except for base operations which shall not exceed 180 days. If, within this period, the producer has not demonstrated that it has fully and properly implemented its proposed QCP for the new source or has not provided data for statistical analysis to show that one of its products satisfies the conditions of Section 2.2 of the Construction Aggregates Manual, the new source shall be subject to suspension pursuant to Rule 14-103.009, F.A.C.(b) Mines and Redistribution Terminals operating under the Full QC Certification System may request approval of new products based on a full submission of data in accordance with Sections 1.1 and 2.2 of the Construction Aggregates Manual, provided there is no change to the process. The source must submit an Addendum to its QCP to reflect any changes in its production flow diagram, loading and shipping controls, or sampling plan. Upon approval of the product, the source may certify the material pursuant to the Full QC Certification System.(c) An approved Redistribution Terminal may request approval to redistribute products from Type I, Type II or Type IV Mines under the Conditional QC Certification System without a full submission of data as specified in Section 1.1 of the Construction Aggregates Manual, provided there are no changes to the Redistribution Terminal's process. The Redistribution Terminal must notify the mine of its intent to seek approval of the Redistribution Terminal and request data for the material shipped. Gradation targets to establish control bands for the product will be set by the Department based on the correlation between the mine's data and the Redistribution Terminal's results for its first pre-tested stockpile. In no case shall the Redistribution Terminal's targets be set lower than the mine's. Products shall continue to be certified on the Conditional QC Certification System until sufficient QC data is available for statistical analysis to determine that the product satisfies the conditions of Section 2.2 of the Construction Aggregates Manual.(4) Reinstated Products. (a) Materials previously removed from the list of approved products due to a change in compliance level from Section 2.2 to Section 2.3 of the Construction Aggregates Manual will only be reinstated once the Department has received satisfactory written notification of the producer's corrective action. 1. The initial written notification need not be in the form of an Addendum if no changes are being made to the QCP; however, at a minimum, the notification must describe the extent of the non-compliance and the actions taken to assure the quality and the disposition of aggregate represented by the control failure. This written notification will become part of the QCP. The producer may request a reinstatement of the product under the Conditional QC Certification System pending review by the Department. The Department will notify the producer of unacceptable submittals within three business days of receipt.2. Procedural steps to detect and prevent future occurrences of the conditions leading up to the non-compliance shall be addressed through an Addendum to the QCP. The Addendum shall consist of a cover letter explaining the corrective action, an updated "record of changes," and the appropriate revised pages to the QCP. Addenda that do not comply with the provisions of this rule chapter will be rejected. The Department will notify the producer of unacceptable submittals within five business days of receipt. Upon Department approval of the Addendum, the producer may request a return to the Full QC Certification System based on a full submission of data in accordance with Sections 1.1 and 2.1 of the Construction Aggregates Manual. Data generated while under the Conditional QC Certification System shall be included in the submittal.(b) Suspended products may only be reinstated after the Department has received and accepted a satisfactory Addendum addressing steps to detect and prevent future occurrences of the conditions leading up to the suspension. Addenda that do not comply with the provisions of this rule chapter will be rejected. The Department will notify the producer of unacceptable submittals within five business days of receipt. Upon Departmental approval of the Addendum, the producer may request to re-instate the product under the conditional certification system based on a full submission of data in accordance with Sections 1.1 and 2.1 of the Construction Aggregates Manual.Fla. Admin. Code Ann. R. 14-103.0071
Rulemaking Authority 334.044(10)(c) FS. Law Implemented 120.53(1), 334.044(10), (13), 337.105(1), 337.11 FS.