Section 33.1-23-02-02 - DefinitionsIn this article, unless the context otherwise requires, the following definitions apply:
1. "Analyte" means the chemical substance, physical property, or organism determined in a sample.2. "Analyte group" means a set of analytes that can be determined using the same method or technology.3. "Biosolids" means sewage sludge or a solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Biosolids includes domestic septage; scum or solids removed in primary, secondary, or advanced wastewater treatment processes; and a material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works.4. "Certified laboratory" means a laboratory that has a valid certification issued by the department.5. "Client" means an entity that has arranged with a laboratory to perform tests and analyses to meet the requirements of a department issued permit or another department program or regulatory requirement.6. "Coal Combustion Residual Rule" means the sampling and analysis requirements under title 40 Code of Federal Regulations, part 257 and appendices III and IV to part 257.7. "Department" means the North Dakota department of environmental quality.8. "Department program" means a program or rule administered by the department which requires submission of data for compliance reporting purposes that must come from a certified laboratory.9. "Field of testing" means the combination of analyte, method, matrix, and program for which a laboratory may hold accreditation or certification.10. "Initial application" means an application submitted by a laboratory that either has never had certification or has not met the requirements and qualifications for either a renewal or revised application.11. "Laboratory" means a facility that performs analyses on potable water, nonpotable water, a hazardous liquid, or solid matrix.12. "Manual for the Certification of Laboratories Analyzing Drinking Water" means the environmental protection agency publication "Manual for the Certification of Laboratories Analyzing Drinking Water", 5th edition and including supplement 1 to the 5th edition of the "Manual for the Certification of Laboratories Analyzing Drinking Water" and supplement 2 to the 5th edition of the "Manual for the Certification of Laboratories Analyzing Drinking Water".13. "Method" means an environmental protection agency promulgated or environmental protection agency accepted published scientific technique for performing a specific measurement. Method includes instructions for sample preparation, sample preservation, and sample analysis.14. "Method defined parameter" means parameters that are physical or chemical properties of materials determined with specific methods used to evaluate whether the materials comply with certain Resource Conservation and Recovery Act of 1976, 42 U.S.C. section 6901 et seq., subtitle C regulations.15. "National Primary Drinking Water Regulations" means the federal program authorized under title 40 Code of Federal Regulations, part 141, section 141.1 et seq.16. "National pollutant discharge elimination system" means the federal program authorized under title 40 Code of Federal Regulations, part 136, section 136.1 et seq.17. "Nonpotable water" means water not suitable for drinking. It is a matrix in the Clean Water Act Program, the Resource Conservation and Recovery Act program and the Coal Combustion Residuals Rule program.18. "North Dakota Environmental Laboratory Certification Program Manual" means the manual used by the environmental laboratory certification program for chemistry parameters. It is available on the department's website and is the Rev. November 2019 edition.19. "Parameter" means the chemical substance, physical property, or organism being determined.20. "Point value" means the numerical increments which represent the amount necessary to cover costs of reviewing applications, issuing certifications, conducting laboratory evaluations, training, collecting fees, and providing compliance assistance and other anticipated costs of administering the environmental laboratory certification program.21. "Potable water" means water suitable for drinking. It is the matrix in the Safe Drinking Water Act program.22. "Proficiency test" means the process of testing and reporting of test results performed by a laboratory for a specific analyte or analyte group to determine the ability of a laboratory to employ applicable analytical methods and to produce an accurate measurement of the concentration of the analyte or analyte group in the sample.23. "Reciprocal certification" means a reciprocal or secondary certification that is based on a primary certification.24. "Renewal application" means an application submitted by a laboratory to renew an existing certification.25. "Reporting limit" means the lowest level of an analyte that can be accurately recovered from the matrix of interest. This limit is equivalent to a level of quantitation.26. "Resource Conservation and Recovery Act" means the federal law found under 42 U.S.C. section 6901 et seq. (1976) and its corresponding regulations found under title 40, Code of Federal Regulations, parts 239 through 282.27. "Revised application" means an application that is submitted to make changes to an existing certification.28. "SW-846" means the environmental protection agency guidance for using the "Test Methods for Evaluation Solid Waste: Physical/Chemical Methods", Publication SW-846, United States environmental protection department (2019). This guidance consists of three main parts: chapters, methods, and supporting documents and is the environmental protection agency SW-846 compendium.29. "Test methods for evaluating solid waste: physical/chemical methods" means the environmental protection agency publication also known as SW-846.N.D. Admin Code 33.1-23-02-02
Adopted by Administrative Rules Supplement 2020-377, July 2020, effective 7/1/2020.Amended by Administrative Rules Supplement 2021-383, January 2022, effective 1/1/2022.General Authority: NDCC 23.1-01-14
Law Implemented: NDCC 23.1-01-14