1. (a) The Department will deny an application for accreditation, transfer of accreditation or application for renewal of accreditation under one or more of the following circumstances:

   1. (1) The environmental laboratory is in continuing violation of or demonstrates an inability or lack of intention to comply with this chapter or other laws administered by the Department.
   2. (2) The Department revoked the environmental laboratory’s certificate of accreditation for all fields of accreditation for failure to correct deficiencies identified in an assessment report within the previous 6 months.

2. (b) The Department may deny an application for accreditation, transfer of accreditation or application for renewal of accreditation for one or more of the following reasons:

   1. (1) Falsifying analyses.
   2. (2) Failure to comply with the reporting and notification requirements as specified in § 252.708 (relating to reporting and notification requirements).
   3. (3) Making misrepresentations to the Department.
   4. (4) Engaging in unethical or fraudulent practices.
   5. (5) Analysis of proficiency test studies by personnel other than the analysts associated with the routine analysis of environmental samples in the laboratory.
   6. (6) Failure to submit a complete application.
   7. (7) Failure to pay required fees.
   8. (8) Failure of laboratory staff to meet the personnel qualifications of education, training and experience.
   9. (9) Failure to successfully analyze and report proficiency test studies as required by this chapter.
   10. (10) Failure to respond to an assessment report with a corrective action report within the required time frames.
   11. (11) Failure to submit an acceptable corrective action report in response to an assessment report within the required time frames.
   12. (12) Failure to implement the corrective actions detailed in the environmental laboratory’s corrective action report within a time frame approved by the Department.
   13. (13) Failure to implement a quality assurance program.
   14. (14) Denial of entry to the Department during normal business hours for an onsite assessment.
   15. (15) Violation of a statute, this chapter or an order of the Department.
   16. (16) Failure to meet the requirements of this chapter.
   17. (17) Failure to maintain test instruments, equipment, supplies and reference materials that meet the specifications required to produce valid analytical results.

Authority

The provisions of this § 252.701 amended under 27 Pa.C.S. § 4105(a); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

Source

The provisions of this § 252.701 amended July 28, 2017, effective July 29, 2017, 47 Pa.B. 4085. Immediately preceding text appears at serial page (348843).