Ariz. Admin. Code § R9-14-605 - Compliance Monitoring
A. The
Department may conduct a laboratory inspection, investigation, or proficiency
testing, or any combination of the three, at any time before or during a
laboratory's license period.
B. The
Department shall conduct at least an initial laboratory inspection and a
follow-up annual laboratory inspection before determining how often to conduct
subsequent laboratory inspections, as provided under subsection (C).
C. In determining how often to conduct a
laboratory inspection, the Department shall consider:
1. The Department's findings at the last two
laboratory inspections;
2. The
licensee's adherence to any corrective action plans created as a result of the
last two laboratory inspections;
3.
Whether there has been a change in ownership or laboratory director since the
last laboratory inspection;
4. The
extent to which the compliance testing performed at the laboratory has changed
since the last laboratory inspection or would change as a result of a renewal
application; and
5. Performance on
the most recent proficiency testing completed at the laboratory.
D. For a laboratory at which
drinking water compliance testing is performed, the Department shall conduct a
laboratory inspection at least once every three years or as otherwise required
by the EPA.
E. The Department shall
comply with A.R.S. §
41-1009 in conducting laboratory
inspections and investigations that occur at a laboratory.
F. If the Department determines, based on a
laboratory inspection, investigation, or proficiency testing, or any
combination of the three, that a laboratory owner, officer, agent, or employee
has engaged in conduct described under A.R.S. §
36-495.09(A), the
Department shall request that the licensee or applicant submit to the
Department a written corrective action plan, unless the Department determines
one of the following, in which case the Department may take action under A.R.S.
§
36-495.09:
1. That the deficiencies were committed
intentionally;
2. That the
deficiencies cannot be corrected within a reasonable period of time;
3. That the deficiencies are evidence of a
pattern of noncompliance;
4. That
the deficiencies are a risk to any person; the public health, safety, or
welfare; or the environment; or
5.
That there is a reasonable belief, as stated in A.R.S. §
36-495.09(B),
that a violation of A.R.S. §
36-495.09(A)(5)
has occurred and that the life or safety of the public is immediately
affected.
G. Within 30
days after receiving a request for a written corrective action plan, a licensee
or applicant shall submit to the Department a written corrective action plan
that includes the following for each identified deficiency:
1. A description of how the deficiency will
be corrected, and
2. A date of
correction for the deficiency.
H. The Department shall accept a written
corrective action plan if the plan:
1.
Describes how each identified deficiency will be corrected, and
2. Includes a date for correcting each
deficiency as soon as practicable based upon the actions necessary to correct
the deficiency.
I. If
the Department disapproves a corrective action plan, the Department shall send
to the licensee or applicant a written notice of disapproval requesting that
the licensee or applicant submit to the Department a revised corrective action
plan for the items that the Department disapproves.
1. A licensee or applicant shall submit a
revised corrective action plan to the Department within 21 days after the date
of a written notice of disapproval.
2. If a licensee or applicant does not submit
a revised corrective action plan within 21 days after the date of a written
notice of disapproval, the Department may take action under A.R.S. §
36-495.09.
J. A licensee or applicant shall notify the
Department when corrective action has been completed.
K. Within 30 days after receiving notice that
corrective action has been completed, the Department shall determine whether
each deficiency has been corrected and whether the corrective action brings the
laboratory operations into substantial compliance with A.R.S. Title 36, Chapter
4.3 and this Article.
L. If the
Department determines that a licensee or applicant has not corrected a
deficiency or that the licensee or applicant has not corrected a deficiency
within a reasonable period of time, the Department may take any enforcement
action authorized by law as a result of the deficiency.
M. Under A.R.S. §
41-1009(G), the
Department's decision regarding whether a licensee or applicant may submit a
corrective action plan or whether a deficiency has been corrected or has been
corrected within a reasonable period of time is not an appealable agency action
as defined by A.R.S. §
41-1092.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.