Ohio Admin. Code 3745-89-04 - [Effective until 7/7/2025] Renewal of laboratory certification

(A) Except for certifications issued in accordance with rule 3745-89-12 of the Administrative Code, The the director may renew a laboratory certification for analysis of drinking water upon the laboratory's successful completion of the following:

(1) The laboratory shall maintain a valid and unexpired laboratory certification under rule 3745-89-05 of the Administrative Code for the analyses for which renewal is sought.

(2) The laboratory shall submit to the director a completed application for renewal, including the parts described in paragraphs (A)(2) and (A)(3)(a) to (A)(3)(e) of rule 3745-89-03 of the Administrative Code, no sooner than one hundred twenty days and no later than thirty days prior to the expiration date of the currently valid certification. When applications are submitted in accordance with this rule and deemed complete, the laboratory certification will be extended until such time as an onsite survey is completed.

(3) If the applicable laboratory survey fee is not already paid, the laboratory shall submit the appropriate laboratory survey fee in accordance with section 3745.11 of the Revised Code. For the purposes of this rule, fees are as follows: Fees are referenced in paragraph (A)(3)(e) of rule 3745-89-03 of the Administrative Code.

(a) The "organic chemicals" fee covers all surveys necessary to obtain laboratory certification for the analysis of drinking water for (i) total trihalomethanes, haloacetic acids and volatile organic chemicals, or for (ii) pesticides and other organic chemicals.

(b) The "trace metals" fee covers all surveys necessary to obtain laboratory certification for the analysis of drinking water for all metals identified by the United States environmental protection agency as primary contaminants, secondary contaminants and contaminants with action levels.

(c) The "standard chemistry" fee covers all surveys necessary to obtain laboratory certification for the analysis of drinking water for bromate, chlorite, cyanide, fluoride, nitrate, nitrate-nitrite, nitrite, sulfate, total dissolved solids and plant control tests.

(d) The "limited chemistry" fee covers all surveys necessary to obtain laboratory certification for the analysis of drinking water for the following:

(i) Any three of the analyses included in standard chemistry.

(ii) Any two of the analyses included in trace metals.

(iii) Asbestos.

(iv) Radioactivity and radioactive chemicals.

(v) Beginning one year from the effective date of this rule, total microcystins and cyanobacteria screening.

(e) The "microbiological" fee covers all surveys necessary to obtain laboratory certification for the analysis of drinking water for one of the following:

(i) MMO-MUG.

(ii) MF.

(iii) MMO-MUG and MF.

Fees for these surveys shall be paid via a method acceptable to the director.

(4) The laboratory shall demonstrate an acceptable level of performance, by all persons to be included in renewal of laboratory certification, during an on-site survey as described in paragraph (A)(5) of rule 3745-89-03 of the Administrative Code. An on-site survey shall also include an evaluation of the maintenance of laboratory data. Microbiological records shall be maintained for at least five years; chemical records shall be maintained for at least ten years; lead and copper records shall be maintained for at least twelve years; and, all other records shall be maintained for at least ten years.

(5) The laboratory shall maintain documentation that the quality assurance plan required in paragraph (A)(2) of rule 3745-89-03 of the Administrative Code is reviewed annually. The director may request the documentation be submitted with the laboratory's application for renewal.

(B) For acceptance of certifications issued in accordance with paragraphs (C) and (D) of rule 3745-89-02 of the Administrative Code, the director may renew a laboratory certification for analysis of drinking water upon the laboratory's successful completion of the requirements identified in rule 3745-89-12 of the Administrative Code..

(1) The laboratory shall maintain a valid and unexpired laboratory certification issued by an accreditation program in accordance with paragraph (B) under rule 3745-89-12 of the Administrative Code for the analyses for which renewal is sought.

(2) The laboratory shall submit to the director for a completed application for renewal, including the parts described in paragraph (A) of rule 3745-89-12 of the Administrative Code, no sooner than one hundred twenty days and no later than thirty days prior to the expiration of the currently valid certification. When applications are submitted in accordance with this rule and deemed complete, the laboratory acceptance of certification will be extended until expiration of certification.

(B) (C) When a valid certification for analysis of drinking water is not renewed in accordance with paragraph (A) of this rule, the certification expires and analyses by the laboratory shall not satisfy the requirements of Chapters 3745-81, 3745-82 and 3745-90, and rules 3745-91-06 and 3745-9-09, and as specified by paragraph (B) of rule 3745-83-01 of the Administrative Code. If the laboratory wishes to be recertified for drinking water analysis, it may apply for certification as required by rule 3745-89-03 of the Administrative Code. Where the physical facility of the laboratory conforms to a laboratory plan which has been previously approved, the requirements of paragraph (A)(1) of rule 3745-89-03 of the Administrative Code may be considered to be satisfied.

(C) (D) The director may approve or deny an application for renewal in accordance with rule 3745-89-06 of the Administrative Code.

Notes

Ohio Admin. Code 3745-89-04

Effective: 10/26/2020
Five Year Review (FYR) Dates: 7/28/2020 and 10/26/2025
Promulgated Under: 119.03
Statutory Authority: 3745.11, 6109.04
Rule Amplifies: 3745.11, 6109.04, 3745.50
Prior Effective Dates: 04/09/1990, 12/17/1993, 04/01/1999, 06/18/2004, 05/04/2015, 06/01/2016