007.01
GROUNDS FOR DOWNGRADING TO PROVISIONALLY CERTIFIED
STATUS. A laboratory will be downgraded to provisionally certified
status for a contaminant or group of contaminants for any of the following
reasons:
(A) Failure to analyze a proficiency
testing sample at least every 12 months within the acceptance limits specified
by the proficiency testing provider;
(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 evaluation; or
(D) Failure
to report compliance data to the public water system and to the Department of
Environment and Energy, Drinking Water Monitoring and Compliance Program, in a
timely manner as determined by it and set out in the regulations adopted under
the Nebraska Safe Drinking Water Act. Data which may cause a system to exceed a
maximum contaminant or action level must be reported to the public water system
and to the Department of Environment and Energy, Drinking Water Monitoring and
Compliance Program, immediately upon discovery.
007.02
GROUNDS FOR DENIAL,
REVOCATION, SUSPENSION, OR REFUSAL TO RENEW. A laboratory
certification may be denied, revoked, suspended, or refused renewal for any of
the following reasons:
(A) Violation of Neb.
Rev. Stats. §§
71-2619 to 2621, the Nebraska Safe
Drinking Water Act, or this chapter;
(B) Falsification of data or other deceptive
practices;
(C) Failure to maintain
required staff;
(D) Failure to
comply with the reporting requirements;
(E) Failure to use the analytical methodology
for which the laboratory is certified;
(F) Refusal or failure to participate in an
on-site evaluation conducted by the Department or to provide information or
documents requested by the Department;
(G) Failure to successfully analyze a
proficiency testing sample or any other unknown test sample for a particular
contaminant within the acceptance limits specified;
(H) Failure to demonstrate to the Department
that the laboratory has corrected deviations identified during an on-site
evaluation; or
(I) Failure to
report compliance data to the public water system and to the Department of
Environment and Energy, Drinking Water Monitoring and Compliance Program, in a
timely manner as determined by it and set out in the regulations adopted under
the Nebraska Safe Drinking Water Act. Data which may cause a system to exceed a
maximum contaminant or action level must be reported to the public water system
and to the Department of Environment and Energy, Drinking Water Monitoring and
Compliance Program, immediately upon discovery.
007.03
REQUEST FOR
HEARING. In the event of any disciplinary action, the decision of
the Department will be final 30 days after the mailing of the notice unless the
director or other designated representative of the laboratory, within such
period, gives written notice to the Department of a desire for hearing.
Hearings before the Department will be conducted in accordance with Chapter 84,
Article 9 and 184 NAC 1.
