SENATE AMENDED PRIOR PRINTER'S NOS. 2694, 2736, 2921, PRINTER'S NO. 4135 4082
No. 2044 Session of 2001
INTRODUCED BY ROSS, HERSHEY, CLARK, CREIGHTON, DeWEESE, FRANKEL, GEORGE, HERMAN, JAMES, JOSEPHS, MANN, McGILL, MELIO, R. MILLER, S. MILLER, RUBLEY, SATHER, SCRIMENTI, R. STEVENSON, E. Z. TAYLOR, TIGUE, VANCE, WANSACZ, WATSON, WOJNAROSKI, BELFANTI, MUNDY, YOUNGBLOOD, HORSEY, STEELMAN, BARD, TRELLO, WASHINGTON, G. WRIGHT, CURRY, THOMAS, LEWIS, PALLONE, HENNESSEY AND STURLA, OCTOBER 17, 2001
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 26, 2002
AN ACT 1 Establishing within the Department of Environmental Protection <-- 2 an accreditation program for environmental laboratories; and 3 providing for whistleblower protection. 4 TABLE OF CONTENTS 5 Section 1. Short title. 6 Section 2. Definitions. 7 Section 3. Establishment of program. 8 Section 4. Powers and duties. 9 Section 5. Powers and duties of Environmental Quality Board. 10 Section 6. Requirements of certificate of accreditation. 11 Section 7. Interim requirements. 12 Section 8. Advisory committee. 13 Section 9. Unlawful conduct. 14 Section 10. Penalties. 15 Section 11. Records.
1 Section 12. Whistleblower protection. 2 Section 13. Continuation of existing rules and regulations. 3 Section 14. Repeals. 4 Section 15. Effective date. 5 AMENDING THE ACT OF APRIL 2, 2002 (P.L.225, NO.25), ENTITLED "AN <-- 6 ACT ESTABLISHING WITHIN THE DEPARTMENT OF ENVIRONMENTAL 7 PROTECTION AN ACCREDITATION PROGRAM FOR ENVIRONMENTAL 8 LABORATORIES," FURTHER PROVIDING FOR INTERIM REQUIREMENTS AND 9 ADVISORY COMMITTEE MEMBERSHIP. 10 AMENDING TITLE 27 (ENVIRONMENTAL RESOURCES) OF THE PENNSYLVANIA <-- 11 CONSOLIDATED STATUTES, CONSOLIDATING THE ENVIRONMENTAL 12 LABORATORY ACCREDITATION ACT; AND MAKING REPEALS. 13 The General Assembly of the Commonwealth of Pennsylvania 14 hereby enacts as follows: 15 Section 1. Short title. <-- 16 This act shall be known and may be cited as the Environmental 17 Laboratory Accreditation Act. 18 Section 2. Definitions. 19 The following words and phrases when used in this act shall 20 have the meanings given to them in this section unless the 21 context clearly indicates otherwise: 22 "Accreditation." A determination by the Department of 23 Environmental Protection that an environmental laboratory is 24 capable of performing one or more classes of testing or analysis 25 of environmental samples in accordance with this act. 26 "Certificate of accreditation." A document issued by the 27 Department of Environmental Protection certifying that an 28 environmental laboratory has met standards for accreditation. 29 "Department." The Department of Environmental Protection of 30 the Commonwealth. 20010H2044B4135 - 2 -
1 "Environmental Hearing Board." The board established under 2 the act of July 13, 1988 (P.L.530, No.94), known as the 3 Environmental Hearing Board Act. 4 "Environmental laboratory." A facility engaged in the 5 testing or analysis of environmental samples. 6 "Environmental Quality Board." The board established under 7 section 1920-A of the act of April 9, 1929 (P.L.177, No.175), 8 known as The Administrative Code of 1929. 9 "Environmental sample." A solid, liquid, gas or other 10 specimen taken for the purpose of testing or analysis as 11 required by an environmental statute. 12 "Environmental statute." A statute administered by the 13 Department of Environmental Protection relating to the 14 protection of the environment or of public health, safety and 15 welfare. 16 "Laboratory supervisor." A technical supervisor of an 17 environmental laboratory who supervises laboratory procedures 18 and reporting of analytical data. 19 "NELAC." The National Environmental Laboratory Accreditation 20 Conference. 21 "NELAP." The National Environmental Laboratory Accreditation 22 Program. 23 Section 3. Establishment of program. 24 (a) Establishment.--The department shall establish an 25 accreditation program for environmental laboratories. 26 (b) Accreditation.--An environmental laboratory must be 27 accredited under this act and be in compliance with all the 28 provisions of this act in order to generate data or perform 29 analyses to be used to comply with an environmental statute. 30 (c) Testing and analysis.--All testing and analysis 20010H2044B4135 - 3 -
1 requirements of an environmental statute shall be performed by 2 an environmental laboratory accredited under this act. Testing 3 and analysis shall be performed in accordance with the 4 requirements of this act, the environmental statutes and any 5 conditions imposed by the department. 6 Section 4. Powers and duties. 7 The department shall have the following powers and duties: 8 (1) Establish, administer and enforce an environmental 9 laboratory accreditation program which shall include 10 accreditation standards necessary for a State certification 11 program. It shall also include a NELAP accreditation program 12 for those laboratories seeking this certification. It may 13 also include any other specific or broad-based Federal or 14 State accreditation program for certification. 15 (2) Issue, renew, deny, revoke, suspend or modify 16 certificates of accreditation to environmental laboratories 17 in accordance with regulations adopted by the Environmental 18 Quality Board. 19 (3) Impose terms or conditions on accreditation as 20 necessary to implement and enforce this act. 21 (4) Conduct inspections and tests or samplings, 22 including the examination and copying of records and data 23 pertinent to a matter under investigation. Duly authorized 24 agents and employees of the department may, at reasonable 25 times, enter and examine property, facilities, operations and 26 activities subject to regulation under this act. 27 (5) Issue orders and initiate proceedings as necessary 28 to implement and enforce this act. 29 (6) Require a fee for the processing of an application 30 for a certificate of accreditation, including the issuance, 20010H2044B4135 - 4 -
1 renewal, modification or other action relating to the 2 certificate in an amount sufficient to pay the department's 3 cost of implementation of the accreditation program. 4 (7) Provide technical assistance and advice to persons 5 and environmental laboratories subject to this act. 6 (8) Contract with third parties to inspect and monitor 7 environmental laboratories. 8 (9) Cooperate with appropriate Federal, State, 9 interstate and local government units and private 10 organizations to implement this act. 11 (10) Allow the use of experimental procedures, on a 12 case-by-case basis, to satisfy the testing or analysis 13 requirements established under an environmental statute. 14 (11) Seek approval as an accrediting authority from 15 NELAP. 16 Section 5. Powers and duties of Environmental Quality Board. 17 (a) General rule.--The Environmental Quality Board shall 18 adopt regulations as necessary to implement this act, to include 19 the establishment of: 20 (1) Testing or analysis to be conducted by an 21 environmental laboratory. 22 (2) Allowable fees for environmental laboratories. 23 (3) Requirements for education, training and experience 24 of laboratory supervisors. 25 (4) Criteria and procedures to be used by the department 26 to accredit environmental laboratories, which may include 27 proficiency test samples and onsite audits. 28 (b) Accreditation.--An environmental laboratory shall be 29 accredited pursuant to this act and in compliance with the 30 provisions of this act in order to generate the data and perform 20010H2044B4135 - 5 -
1 analysis to be used to comply with an environmental statute. 2 (c) General certificate program.--The Environmental Quality 3 Board may adopt regulations that establish a general certificate 4 of accreditation program or certificates of accreditation-by- 5 rule. 6 (d) Unique needs.--To the extent possible, the Environmental 7 Quality Board shall establish requirements and procedures that 8 address the unique needs of small businesses, municipalities, 9 municipal authorities and in-house laboratories. 10 Section 6. Requirements of certificate of accreditation. 11 (a) Forms.--Applications, certificates and other documents 12 shall be in a form prescribed by the department. 13 (b) General requirements.--An environmental laboratory shall 14 have the staff, management structure, equipment, quality 15 assurance and quality control procedures and recordkeeping 16 procedures necessary to ensure that the environmental laboratory 17 generates valid and accurate test results in accordance with all 18 conditions of accreditation and this act. 19 (c) Laboratory supervisor.--Testing, analysis and reporting 20 of data by an accredited laboratory shall be under the direct 21 supervision of a laboratory supervisor. The laboratory 22 supervisor shall certify that each test or analysis is accurate 23 and valid and that the test or analysis was performed in 24 accordance with all conditions of accreditation. The department 25 may disqualify a laboratory supervisor who is responsible for 26 the submission of inaccurate test or analysis results. 27 (d) Access to records and data.--An accredited laboratory 28 shall provide the department with access to inspect records and 29 data maintained under this act and to conduct tests and sampling 30 related to inspections. 20010H2044B4135 - 6 -
1 Section 7. Interim requirements. 2 (a) Registration.--All environmental laboratories shall 3 register with the department within six months of the effective 4 date of this act, on a registration form prepared by the 5 department. An environmental laboratory which begins operations 6 in this Commonwealth after this date shall register with the 7 department before beginning operations. 8 (b) Time for application.--An environmental laboratory shall 9 apply for accreditation within six months after the 10 Environmental Quality Board establishes an accreditation 11 requirement by regulation for a type of laboratory. The 12 submission of an application shall provide interim authorization 13 to continue operations until the department takes final action 14 on the application. 15 (c) NELAP accreditation.--An environmental laboratory may 16 apply to the department for NELAP accreditation after the 17 department is approved as an accrediting authority by NELAP. The 18 department may grant NELAP accreditation to a laboratory that 19 meets the requirements of this act and the most current version 20 of the NELAC standards that are hereby incorporated by 21 reference. 22 (d) Temporary fees.--Until regulations are promulgated under 23 this act, the following fees shall be charged: 24 (1) Five thousand dollars for the processing of an 25 application for NELAP accreditation. 26 (2) Fifty dollars for the processing of an application 27 for registration. 28 Section 8. Advisory committee. 29 The department shall appoint a Laboratory Accreditation 30 Advisory Committee to provide technical assistance under this 20010H2044B4135 - 7 -
1 act. The committee shall consist of 11 members, including the 2 following: 3 (1) One representative of a municipal authority. 4 (2) One representative from a commercial environmental 5 laboratory. 6 (3) One representative from an industrial environmental 7 laboratory. 8 (4) One representative from an academic laboratory. 9 (5) One representative from a small environmental 10 laboratory. 11 (6) One environmental engineer. 12 (7) One member of an association of community water 13 supply systems. 14 (8) One member of an association of wastewater systems. 15 (9) One member with technical expertise in the testing 16 and analysis of environmental samples. 17 (10) Two members of the general public. 18 Section 9. Unlawful conduct. 19 (a) General rule--It shall be unlawful for a person to 20 violate or to cause or assist in the violation of this act, to 21 fail to comply with an order or condition of accreditation 22 within the time specified by the department or to hinder, 23 obstruct, prevent or interfere with the department in the 24 performance of its duties under this act. 25 (b) Refusal of accreditation.--The department may refuse to 26 issue a certificate of accreditation to an environmental 27 laboratory which has demonstrated a lack of intention or ability 28 to comply with this act or engaged in unlawful conduct or which 29 has an employee, officer, contractor, agent or other person set 30 forth in regulation who has engaged in unlawful activity under 20010H2044B4135 - 8 -
1 this act unless the applicant demonstrates to the satisfaction 2 of the department that the unlawful conduct is being or has been 3 corrected. 4 (c) Denial of access.--It shall be unlawful for an 5 accredited laboratory or other person subject to regulation 6 under this act to deny the department access to make inspections 7 and conduct tests or sampling, including the examination and 8 copying of books, papers, records and data pertinent to any 9 matter under investigation pursuant to this act. Failure to 10 provide the department with access shall result in the immediate 11 suspension of any accreditation of the laboratory. Upon notice 12 from the department, the laboratory shall immediately cease 13 testing or analysis of environmental samples. The department may 14 revoke an accreditation for failure to provide the department 15 with access to make inspections and conduct tests or sampling, 16 including the examination and copying of books, papers, records 17 and data pertinent to any matter under investigation pursuant to 18 this act. 19 (d) Notice.--The environmental laboratory shall notify each 20 of its customers in writing within 72 hours of receipt of the 21 department's notice if the department suspends or revokes in 22 whole or in part a certificate of accreditation. The notice 23 shall be on a form and in a manner approved by the department. 24 Section 10. Penalties. 25 (a) Criminal penalties.-- 26 (1) A person who knowingly, willfully or recklessly 27 misrepresents that a test or an environmental sample is 28 accurate or was performed in accordance with procedures 29 authorized pursuant to this act commits a misdemeanor of the 30 third degree and, upon conviction, shall be subject to a fine 20010H2044B4135 - 9 -
1 of not less than $1,250 nor more than $12,500 or to 2 imprisonment for a period of not more than one year, or both, 3 for each separate offense. 4 (2) A person who knowingly, willfully or recklessly 5 performs or reports an inaccurate test or analysis of an 6 environmental sample commits a misdemeanor of the third 7 degree and, upon conviction, shall be subject to a fine of 8 not less than $1,250 nor more than $12,500, or to 9 imprisonment for a period of not more than one year, or both, 10 for each separate offense. 11 (3) A person who knowingly, willfully or recklessly 12 misrepresents that an environmental laboratory holds a 13 certificate of accreditation under this act commits a 14 misdemeanor of the third degree and, upon conviction, shall 15 be subject to a fine of not less than $1,250 nor more than 16 $12,500, or to imprisonment for a period of not more than one 17 year, or both, for each separate offense. 18 (b) Administrative penalties.-- 19 (1) In addition to any other remedy available at law or 20 equity, the department may assess an administrative penalty 21 for a violation of this act. The penalty may be assessed 22 whether or not the violation was willful or negligent. When 23 determining the amount of the penalty, the department shall 24 consider the willfulness of the violation, the damage or 25 injury, or threat of damage or injury, to public health or 26 the environment, the costs to the department for 27 investigation and enforcement, the economic benefit of the 28 violation to the person and other related factors. The 29 department shall inform the person of the amount of the 30 penalty. The administrative penalty shall not exceed $5,000 20010H2044B4135 - 10 -
1 per day per violation. 2 (2) Every day a violation continues shall be a separate 3 violation. 4 (3) The amount of the penalty assessed after a hearing 5 before the Environmental Hearing Board, or after waiver of 6 the right to appeal the assessment, shall be payable to the 7 Commonwealth and collectable in any manner provided at law 8 for collection of debts. If any person liable to pay any such 9 penalty neglects or refuses to pay the penalty after demand, 10 the amount of the penalty, together with interest and cost 11 that may accrue, shall constitute a judgment in favor of the 12 department upon the property of such person from the date it 13 has been entered and docketed of record by the prothonotary 14 of the county in which the property is situated. The 15 department may, at any time, transmit to the prothonotaries 16 of any county in which the person holds property, certified 17 copies of all such judgments, and it shall be the duty of 18 each prothonotary to enter and docket the judgment of record 19 in his or her office and to index the judgment as judgments 20 are indexed, without requiring the payment of costs by the 21 department. 22 (c) Concurrent penalties.--Penalties and other remedies 23 under this act shall be concurrent and shall not prevent the 24 department from exercising any other available remedy at law or 25 equity. 26 (d) Rebuttable presumption.--Failure of an environmental 27 laboratory or laboratory supervisor to maintain adequate records 28 or proficiency test samples as required creates a rebuttable 29 presumption that the test or analysis was not conducted as 30 required. 20010H2044B4135 - 11 -
1 (e) Falsifying results.--It shall be unlawful to falsify the 2 results of testing or analysis of environmental samples or to 3 violate the provisions of 18 Pa.C.S. § 4903 (relating to false 4 swearing) or 4904 (relating to unsworn falsification to 5 authorities) in the context of the submission of the results of 6 testing and analysis of environmental samples under an 7 environmental statute. 8 Section 11. Records. 9 Records required under this act shall be maintained for five 10 years unless otherwise specified in regulation. 11 Section 12. Whistleblower protection. 12 An employee of an environmental laboratory covered by this 13 act shall be deemed to be an employee under the act of December 14 12, 1986 (P.L.1559, No.169), known as the Whistleblower Law, in 15 regard to good faith reports of potential violations of this 16 act. Environmental laboratories covered by this act shall be 17 deemed to be an employer under the Whistleblower Law in regard 18 to good faith reports of potential violations of this act. 19 Section 13. Continuation of existing rules and regulations. 20 All existing rules and regulations promulgated pursuant to 21 any environmental statute remain in full force and effect until 22 superseded and repealed by the rules and regulations promulgated 23 pursuant to this act. 24 Section 14. Repeals. 25 All acts and parts of acts are repealed insofar as they are 26 inconsistent with this act. 27 Section 15. Effective date. 28 This act shall take effect immediately. 29 SECTION 1. SECTIONS 7 AND 8 OF THE ACT OF APRIL 2, 2002 <-- 30 (P.L.225, NO.25), KNOWN AS THE ENVIRONMENTAL LABORATORY 20010H2044B4135 - 12 -
1 ACCREDITATION ACT, ARE AMENDED TO READ: 2 SECTION 7. INTERIM REQUIREMENTS. 3 (A) REGISTRATION.--ALL ENVIRONMENTAL LABORATORIES SHALL 4 REGISTER WITH THE DEPARTMENT WITHIN [SIX] NINE MONTHS OF THE 5 EFFECTIVE DATE OF THIS ACT ON A REGISTRATION FORM PREPARED BY 6 THE DEPARTMENT. AN ENVIRONMENTAL LABORATORY WHICH BEGINS TESTING 7 OR ANALYSIS OF ENVIRONMENTAL SAMPLES AFTER THIS DATE SHALL 8 REGISTER WITH THE DEPARTMENT BEFORE BEGINNING OPERATIONS. 9 (B) TIME FOR APPLICATION.--ALL ENVIRONMENTAL LABORATORIES 10 SHALL APPLY FOR ACCREDITATION WITHIN [SIX] NINE MONTHS AFTER THE 11 ENVIRONMENTAL QUALITY BOARD ESTABLISHES AN ACCREDITATION 12 REQUIREMENT BY REGULATION FOR A TYPE OF LABORATORY. THE 13 SUBMISSION OF AN APPLICATION SHALL PROVIDE INTERIM AUTHORIZATION 14 TO CONTINUE OPERATIONS UNTIL THE DEPARTMENT TAKES FINAL ACTION 15 ON THE APPLICATION. 16 (C) NELAP ACCREDITATION.--AN ENVIRONMENTAL LABORATORY MAY 17 APPLY TO THE DEPARTMENT FOR NELAP ACCREDITATION AFTER THE 18 DEPARTMENT IS APPROVED AS AN ACCREDITING AUTHORITY BY NELAP. THE 19 DEPARTMENT MAY GRANT NELAP ACCREDITATION TO A LABORATORY THAT 20 MEETS THE REQUIREMENTS OF THIS ACT AND THE MOST CURRENT VERSION 21 OF THE NELAC STANDARDS THAT ARE HEREBY INCORPORATED BY 22 REFERENCE. 23 (D) TEMPORARY FEES.--UNTIL REGULATIONS ARE PROMULGATED UNDER 24 THIS ACT, THE FOLLOWING FEES SHALL BE CHARGED: 25 (1) FIVE THOUSAND DOLLARS FOR THE PROCESSING OF AN 26 APPLICATION FOR NELAP ACCREDITATION. 27 (2) FIFTY DOLLARS FOR THE PROCESSING OF AN APPLICATION 28 FOR REGISTRATION. 29 SECTION 8. ADVISORY COMMITTEE. 30 THE SECRETARY SHALL APPOINT A LABORATORY ACCREDITATION 20010H2044B4135 - 13 -
1 ADVISORY COMMITTEE TO PROVIDE TECHNICAL ASSISTANCE UNDER THIS 2 ACT. THE COMMITTEE SHALL CONSIST OF [11] 13 MEMBERS, INCLUDING 3 THE FOLLOWING: 4 (1) ONE REPRESENTATIVE OF A MUNICIPAL AUTHORITY. 5 (2) ONE REPRESENTATIVE FROM A COMMERCIAL ENVIRONMENTAL 6 LABORATORY. 7 (3) ONE REPRESENTATIVE FROM AN INDUSTRIAL ENVIRONMENTAL 8 LABORATORY. 9 (4) ONE REPRESENTATIVE FROM AN ACADEMIC LABORATORY. 10 (5) ONE REPRESENTATIVE FROM A SMALL ENVIRONMENTAL 11 LABORATORY. 12 (6) ONE ENVIRONMENTAL ENGINEER. 13 (7) ONE MEMBER OF AN ASSOCIATION OF COMMUNITY WATER 14 SUPPLY SYSTEMS. 15 (8) ONE MEMBER OF AN ASSOCIATION OF WASTEWATER SYSTEMS. 16 (9) ONE MEMBER WITH TECHNICAL EXPERTISE IN THE TESTING 17 AND ANALYSIS OF ENVIRONMENTAL SAMPLES. 18 (10) [TWO] FOUR MEMBERS OF THE GENERAL PUBLIC. 19 SECTION 2. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. 20 SECTION 1. PART IV HEADING OF TITLE 27 OF THE PENNSYLVANIA <-- 21 CONSOLIDATED STATUTES IS AMENDED AND THE PART IS AMENDED BY 22 ADDING A CHAPTER TO READ: 23 PART IV 24 ENVIRONMENTAL PROTECTION 25 [(RESERVED)] 26 CHAPTER 41 27 ENVIRONMENTAL LABORATORY ACCREDITATION 28 SEC. 29 4101. SCOPE OF CHAPTER. 30 4102. DEFINITIONS. 20010H2044B4135 - 14 -
1 4103. ESTABLISHMENT OF PROGRAM. 2 4104. POWERS AND DUTIES. 3 4105. POWERS AND DUTIES OF ENVIRONMENTAL QUALITY BOARD. 4 4106. REQUIREMENTS OF CERTIFICATE OF ACCREDITATION. 5 4107. INTERIM REQUIREMENTS. 6 4108. ADVISORY COMMITTEE. 7 4109. UNLAWFUL CONDUCT. 8 4110. PENALTIES. 9 4111. RECORDS. 10 4112. WHISTLEBLOWER PROTECTION. 11 4113. CONTINUATION OF EXISTING RULES AND REGULATIONS. 12 § 4101. SCOPE OF CHAPTER. 13 THIS CHAPTER DEALS WITH ENVIRONMENTAL LABORATORY 14 ACCREDITATION. 15 § 4102. DEFINITIONS. 16 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER 17 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 18 CONTEXT CLEARLY INDICATES OTHERWISE: 19 "ACCREDITATION." A DETERMINATION BY THE DEPARTMENT OF 20 ENVIRONMENTAL PROTECTION THAT AN ENVIRONMENTAL LABORATORY IS 21 CAPABLE OF PERFORMING ONE OR MORE CLASSES OF TESTING OR ANALYSIS 22 OF ENVIRONMENTAL SAMPLES IN ACCORDANCE WITH THIS CHAPTER. 23 "CERTIFICATE OF ACCREDITATION." A DOCUMENT ISSUED BY THE 24 DEPARTMENT OF ENVIRONMENTAL PROTECTION CERTIFYING THAT AN 25 ENVIRONMENTAL LABORATORY HAS MET STANDARDS FOR ACCREDITATION. 26 "DEPARTMENT." THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF 27 THE COMMONWEALTH. 28 "ENVIRONMENTAL HEARING BOARD." THE BOARD ESTABLISHED UNDER 29 THE ACT OF JULY 13, 1988 (P.L.530, NO.94), KNOWN AS THE 30 ENVIRONMENTAL HEARING BOARD ACT. 20010H2044B4135 - 15 -
1 "ENVIRONMENTAL LABORATORY." A FACILITY ENGAGED IN THE 2 TESTING OR ANALYSIS OF ENVIRONMENTAL SAMPLES. 3 "ENVIRONMENTAL QUALITY BOARD." THE BOARD ESTABLISHED UNDER 4 SECTION 1920-A OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), 5 KNOWN AS THE ADMINISTRATIVE CODE OF 1929. 6 "ENVIRONMENTAL SAMPLE." A SOLID, LIQUID, GAS OR OTHER 7 SPECIMEN TAKEN FOR THE PURPOSE OF TESTING OR ANALYSIS AS 8 REQUIRED BY AN ENVIRONMENTAL STATUTE. 9 "ENVIRONMENTAL STATUTE." A STATUTE ADMINISTERED BY THE 10 DEPARTMENT OF ENVIRONMENTAL PROTECTION RELATING TO THE 11 PROTECTION OF THE ENVIRONMENT OR OF PUBLIC HEALTH, SAFETY AND 12 WELFARE. 13 "LABORATORY SUPERVISOR." A TECHNICAL SUPERVISOR OF AN 14 ENVIRONMENTAL LABORATORY WHO SUPERVISES LABORATORY PROCEDURES 15 AND REPORTING OF ANALYTICAL DATA. 16 "NELAC." THE NATIONAL ENVIRONMENTAL LABORATORY ACCREDITATION 17 CONFERENCE. 18 "NELAP." THE NATIONAL ENVIRONMENTAL LABORATORY ACCREDITATION 19 PROGRAM. 20 "SECRETARY." THE SECRETARY OF ENVIRONMENTAL PROTECTION OF 21 THE COMMONWEALTH. 22 § 4103. ESTABLISHMENT OF PROGRAM. 23 (A) ESTABLISHMENT.--THE DEPARTMENT SHALL ESTABLISH AN 24 ACCREDITATION PROGRAM FOR ENVIRONMENTAL LABORATORIES. 25 (B) ACCREDITATION.--AN ENVIRONMENTAL LABORATORY MUST BE 26 ACCREDITED UNDER THIS CHAPTER AND BE IN COMPLIANCE WITH ALL THE 27 PROVISIONS OF THIS CHAPTER IN ORDER TO GENERATE DATA OR PERFORM 28 ANALYSES TO BE USED TO COMPLY WITH AN ENVIRONMENTAL STATUTE. 29 (C) TESTING AND ANALYSIS.--ALL TESTING AND ANALYSIS 30 REQUIREMENTS OF AN ENVIRONMENTAL STATUTE SHALL BE PERFORMED BY 20010H2044B4135 - 16 -
1 AN ENVIRONMENTAL LABORATORY ACCREDITED UNDER THIS CHAPTER. 2 TESTING AND ANALYSIS SHALL BE PERFORMED IN ACCORDANCE WITH THE 3 REQUIREMENTS OF THIS CHAPTER, THE ENVIRONMENTAL STATUTES AND ANY 4 CONDITIONS IMPOSED BY THE DEPARTMENT. 5 § 4104. POWERS AND DUTIES. 6 THE DEPARTMENT SHALL HAVE THE FOLLOWING POWERS AND DUTIES: 7 (1) ESTABLISH, ADMINISTER AND ENFORCE AN ENVIRONMENTAL 8 LABORATORY ACCREDITATION PROGRAM WHICH SHALL INCLUDE 9 ACCREDITATION STANDARDS NECESSARY FOR A STATE CERTIFICATION 10 PROGRAM. THE PROGRAM SHALL ALSO INCLUDE A NELAP ACCREDITATION 11 PROGRAM FOR THOSE LABORATORIES SEEKING THIS CERTIFICATION. 12 THE PROGRAM MAY ALSO INCLUDE ANY OTHER SPECIFIC BROAD-BASED 13 FEDERAL OR STATE ACCREDITATION PROGRAM FOR CERTIFICATION. 14 (2) ISSUE, RENEW, DENY, REVOKE, SUSPEND OR MODIFY 15 CERTIFICATES OF ACCREDITATION TO ENVIRONMENTAL LABORATORIES 16 IN ACCORDANCE WITH REGULATIONS ADOPTED BY THE ENVIRONMENTAL 17 QUALITY BOARD. 18 (3) IMPOSE TERMS OR CONDITIONS ON ACCREDITATION AS 19 NECESSARY TO IMPLEMENT AND ENFORCE THIS CHAPTER. 20 (4) CONDUCT INSPECTIONS AND TESTS OR SAMPLINGS, 21 INCLUDING THE EXAMINATION AND COPYING OF RECORDS AND DATA 22 PERTINENT TO A MATTER UNDER INVESTIGATION. DULY AUTHORIZED 23 AGENTS AND EMPLOYEES OF THE DEPARTMENT MAY AT REASONABLE 24 TIMES ENTER AND EXAMINE PROPERTY, FACILITIES, OPERATIONS AND 25 ACTIVITIES SUBJECT TO REGULATION UNDER THIS CHAPTER. 26 (5) ISSUE ORDERS AND INITIATE PROCEEDINGS AS NECESSARY 27 TO IMPLEMENT AND ENFORCE THIS CHAPTER. 28 (6) REQUIRE A FEE FOR THE PROCESSING OF AN APPLICATION 29 FOR A CERTIFICATE OF ACCREDITATION, INCLUDING THE ISSUANCE, 30 RENEWAL, MODIFICATION OR OTHER ACTION RELATING TO THE 20010H2044B4135 - 17 -
1 CERTIFICATE, IN AN AMOUNT SUFFICIENT TO PAY THE DEPARTMENT'S 2 COST OF IMPLEMENTING AND ADMINISTERING THE ACCREDITATION 3 PROGRAM. 4 (7) PROVIDE TECHNICAL ASSISTANCE AND ADVICE TO PERSONS 5 AND ENVIRONMENTAL LABORATORIES SUBJECT TO THIS CHAPTER. 6 (8) CONTRACT WITH THIRD PARTIES TO INSPECT AND MONITOR 7 ENVIRONMENTAL LABORATORIES. 8 (9) COOPERATE WITH APPROPRIATE FEDERAL, STATE, 9 INTERSTATE AND LOCAL GOVERNMENT UNITS AND PRIVATE 10 ORGANIZATIONS TO IMPLEMENT THIS CHAPTER. 11 (10) ALLOW THE USE OF EXPERIMENTAL PROCEDURES ON A CASE- 12 BY-CASE BASIS TO SATISFY THE TESTING OR ANALYSIS REQUIREMENTS 13 ESTABLISHED UNDER AN ENVIRONMENTAL STATUTE. 14 (11) SEEK APPROVAL AS AN ACCREDITING AUTHORITY FROM 15 NELAP. 16 § 4105. POWERS AND DUTIES OF ENVIRONMENTAL QUALITY BOARD. 17 (A) GENERAL RULE.--THE ENVIRONMENTAL QUALITY BOARD SHALL 18 ADOPT REGULATIONS AS NECESSARY TO IMPLEMENT THIS CHAPTER, TO 19 INCLUDE THE ESTABLISHMENT OF: 20 (1) TESTING OR ANALYSIS TO BE CONDUCTED BY AN 21 ENVIRONMENTAL LABORATORY. 22 (2) ALLOWABLE FEES FOR ENVIRONMENTAL LABORATORIES. 23 (3) REQUIREMENTS FOR EDUCATION, TRAINING AND EXPERIENCE 24 OF LABORATORY SUPERVISORS. 25 (4) CRITERIA AND PROCEDURES TO BE USED BY THE DEPARTMENT 26 TO ACCREDIT ENVIRONMENTAL LABORATORIES, WHICH MAY INCLUDE 27 PROFICIENCY TEST SAMPLES AND ONSITE AUDITS. 28 (B) ACCREDITATION.--AN ENVIRONMENTAL LABORATORY SHALL BE 29 ACCREDITED PURSUANT TO THIS CHAPTER AND IN COMPLIANCE WITH THE 30 PROVISIONS OF THIS CHAPTER IN ORDER TO GENERATE THE DATA AND 20010H2044B4135 - 18 -
1 PERFORM ANALYSIS TO BE USED TO COMPLY WITH AN ENVIRONMENTAL 2 STATUTE. 3 (C) GENERAL CERTIFICATE PROGRAM.--THE ENVIRONMENTAL QUALITY 4 BOARD MAY ADOPT REGULATIONS THAT ESTABLISH A GENERAL CERTIFICATE 5 OF ACCREDITATION PROGRAM OR CERTIFICATES OF ACCREDITATION BY 6 RULE. 7 (D) UNIQUE NEEDS.--TO THE EXTENT POSSIBLE, THE ENVIRONMENTAL 8 QUALITY BOARD SHALL ESTABLISH REQUIREMENTS AND PROCEDURES THAT 9 ADDRESS THE UNIQUE NEEDS OF SMALL BUSINESSES, MUNICIPALITIES, 10 MUNICIPAL AUTHORITIES AND IN-HOUSE LABORATORIES. 11 § 4106. REQUIREMENTS OF CERTIFICATE OF ACCREDITATION. 12 (A) FORMS.--APPLICATIONS, CERTIFICATES AND OTHER DOCUMENTS 13 SHALL BE IN A FORM PRESCRIBED BY THE DEPARTMENT. 14 (B) GENERAL REQUIREMENTS.--AN ENVIRONMENTAL LABORATORY SHALL 15 HAVE THE STAFF, MANAGEMENT STRUCTURE, EQUIPMENT, QUALITY 16 ASSURANCE AND QUALITY CONTROL PROCEDURES AND RECORDKEEPING 17 PROCEDURES NECESSARY TO ENSURE THAT THE ENVIRONMENTAL LABORATORY 18 GENERATES VALID AND ACCURATE TEST RESULTS IN ACCORDANCE WITH ALL 19 CONDITIONS OF ACCREDITATION AND THIS CHAPTER. 20 (C) LABORATORY SUPERVISOR.--TESTING, ANALYSIS AND REPORTING 21 OF DATA BY AN ACCREDITED LABORATORY SHALL BE UNDER THE DIRECT 22 SUPERVISION OF A LABORATORY SUPERVISOR. THE LABORATORY 23 SUPERVISOR SHALL CERTIFY THAT EACH TEST OR ANALYSIS IS ACCURATE 24 AND VALID AND THAT THE TEST OR ANALYSIS WAS PERFORMED IN 25 ACCORDANCE WITH ALL CONDITIONS OF ACCREDITATION. THE DEPARTMENT 26 MAY DISQUALIFY A LABORATORY SUPERVISOR WHO IS RESPONSIBLE FOR 27 THE SUBMISSION OF INACCURATE TEST OR ANALYSIS RESULTS. 28 (D) ACCESS TO RECORDS AND DATA.--AN ACCREDITED LABORATORY 29 SHALL PROVIDE THE DEPARTMENT WITH ACCESS TO INSPECT RECORDS AND 30 DATA MAINTAINED UNDER THIS CHAPTER AND TO CONDUCT TESTS AND 20010H2044B4135 - 19 -
1 SAMPLING RELATED TO INSPECTIONS. 2 § 4107. INTERIM REQUIREMENTS. 3 (A) REGISTRATION.--ALL ENVIRONMENTAL LABORATORIES SHALL 4 REGISTER WITH THE DEPARTMENT BY DECEMBER 31, 2002, ON A 5 REGISTRATION FORM PREPARED BY THE DEPARTMENT. AN ENVIRONMENTAL 6 LABORATORY WHICH BEGINS TESTING OR ANALYSIS OF ENVIRONMENTAL 7 SAMPLES AFTER THIS DATE SHALL REGISTER WITH THE DEPARTMENT 8 BEFORE BEGINNING OPERATIONS. 9 (B) TIME FOR APPLICATION.--ALL ENVIRONMENTAL LABORATORIES 10 SHALL APPLY FOR ACCREDITATION WITHIN SIX MONTHS AFTER THE 11 ENVIRONMENTAL QUALITY BOARD ESTABLISHES AN ACCREDITATION 12 REQUIREMENT BY REGULATION FOR A TYPE OF LABORATORY. THE 13 SUBMISSION OF AN APPLICATION SHALL PROVIDE INTERIM AUTHORIZATION 14 TO CONTINUE OPERATIONS UNTIL THE DEPARTMENT TAKES FINAL ACTION 15 ON THE APPLICATION. 16 (C) NELAP ACCREDITATION.--AN ENVIRONMENTAL LABORATORY MAY 17 APPLY TO THE DEPARTMENT FOR NELAP ACCREDITATION AFTER THE 18 DEPARTMENT IS APPROVED AS AN ACCREDITING AUTHORITY BY NELAP. THE 19 DEPARTMENT MAY GRANT NELAP ACCREDITATION TO A LABORATORY THAT 20 MEETS THE REQUIREMENTS OF THIS CHAPTER AND THE MOST CURRENT 21 VERSION OF THE NELAC STANDARDS THAT ARE HEREBY INCORPORATED BY 22 REFERENCE. 23 (D) TEMPORARY FEES.--UNTIL REGULATIONS ARE PROMULGATED UNDER 24 THIS CHAPTER, THE FOLLOWING FEES SHALL BE CHARGED: 25 (1) FIVE THOUSAND DOLLARS FOR THE PROCESSING OF AN 26 APPLICATION FOR NELAP ACCREDITATION. 27 (2) FIFTY DOLLARS FOR THE PROCESSING OF AN APPLICATION 28 FOR REGISTRATION. 29 § 4108. ADVISORY COMMITTEE. 30 THE SECRETARY SHALL APPOINT A LABORATORY ACCREDITATION 20010H2044B4135 - 20 -
1 ADVISORY COMMITTEE TO PROVIDE TECHNICAL ASSISTANCE UNDER THIS 2 CHAPTER. THE COMMITTEE SHALL CONSIST OF 13 MEMBERS, INCLUDING 3 THE FOLLOWING: 4 (1) ONE REPRESENTATIVE OF A MUNICIPAL AUTHORITY. 5 (2) ONE REPRESENTATIVE FROM A COMMERCIAL ENVIRONMENTAL 6 LABORATORY. 7 (3) ONE REPRESENTATIVE FROM AN INDUSTRIAL ENVIRONMENTAL 8 LABORATORY. 9 (4) ONE REPRESENTATIVE FROM AN ACADEMIC LABORATORY. 10 (5) ONE REPRESENTATIVE FROM A SMALL ENVIRONMENTAL 11 LABORATORY. 12 (6) ONE ENVIRONMENTAL ENGINEER. 13 (7) ONE MEMBER OF AN ASSOCIATION OF COMMUNITY WATER 14 SUPPLY SYSTEMS. 15 (8) ONE MEMBER OF AN ASSOCIATION OF WASTEWATER SYSTEMS. 16 (9) ONE MEMBER WITH TECHNICAL EXPERTISE IN THE TESTING 17 AND ANALYSIS OF ENVIRONMENTAL SAMPLES. 18 (10) FOUR MEMBERS OF THE GENERAL PUBLIC. 19 § 4109. UNLAWFUL CONDUCT. 20 (A) GENERAL RULE.--IT SHALL BE UNLAWFUL FOR A PERSON TO 21 VIOLATE OR TO CAUSE OR ASSIST IN THE VIOLATION OF THIS CHAPTER, 22 TO FAIL TO COMPLY WITH AN ORDER OR CONDITION OF ACCREDITATION 23 WITHIN THE TIME SPECIFIED BY THE DEPARTMENT OR TO HINDER, 24 OBSTRUCT, PREVENT OR INTERFERE WITH THE DEPARTMENT IN THE 25 PERFORMANCE OF ITS DUTIES UNDER THIS CHAPTER. 26 (B) REFUSAL OF ACCREDITATION.--THE DEPARTMENT MAY REFUSE TO 27 ISSUE A CERTIFICATE OF ACCREDITATION TO AN ENVIRONMENTAL 28 LABORATORY WHICH HAS DEMONSTRATED A LACK OF INTENTION OR ABILITY 29 TO COMPLY WITH THIS CHAPTER OR ENGAGED IN UNLAWFUL CONDUCT OR 30 WHICH HAS AN EMPLOYEE, OFFICER, CONTRACTOR, AGENT OR OTHER 20010H2044B4135 - 21 -
1 PERSON SET FORTH IN REGULATION WHO HAS ENGAGED IN UNLAWFUL 2 ACTIVITY UNDER THIS CHAPTER UNLESS THE APPLICANT DEMONSTRATES TO 3 THE SATISFACTION OF THE DEPARTMENT THAT THE UNLAWFUL CONDUCT IS 4 BEING OR HAS BEEN CORRECTED. 5 (C) DENIAL OF ACCESS.--IT SHALL BE UNLAWFUL FOR AN 6 ACCREDITED LABORATORY OR OTHER PERSON SUBJECT TO REGULATION 7 UNDER THIS CHAPTER TO DENY THE DEPARTMENT ACCESS TO MAKE 8 INSPECTIONS AND CONDUCT TESTS OR SAMPLING, INCLUDING THE 9 EXAMINATION AND COPYING OF BOOKS, PAPERS, RECORDS AND DATA 10 PERTINENT TO ANY MATTER UNDER INVESTIGATION PURSUANT TO THIS 11 CHAPTER. FAILURE TO PROVIDE THE DEPARTMENT WITH ACCESS SHALL 12 RESULT IN THE IMMEDIATE SUSPENSION OF ANY ACCREDITATION OF THE 13 LABORATORY. UPON NOTICE FROM THE DEPARTMENT, THE LABORATORY 14 SHALL IMMEDIATELY CEASE TESTING OR ANALYSIS OF ENVIRONMENTAL 15 SAMPLES. THE DEPARTMENT MAY REVOKE AN ACCREDITATION FOR FAILURE 16 TO PROVIDE THE DEPARTMENT WITH ACCESS TO MAKE INSPECTIONS AND 17 CONDUCT TESTS OR SAMPLING, INCLUDING THE EXAMINATION AND COPYING 18 OF BOOKS, PAPERS, RECORDS AND DATA PERTINENT TO ANY MATTER UNDER 19 INVESTIGATION PURSUANT TO THIS CHAPTER. 20 (D) NOTICE.--THE ENVIRONMENTAL LABORATORY SHALL NOTIFY EACH 21 OF ITS CUSTOMERS IN WRITING WITHIN 72 HOURS OF RECEIPT OF THE 22 DEPARTMENT'S NOTICE IF THE DEPARTMENT SUSPENDS OR REVOKES IN 23 WHOLE OR IN PART A CERTIFICATE OF ACCREDITATION. THE NOTICE 24 SHALL BE ON A FORM AND IN A MANNER APPROVED BY THE DEPARTMENT. 25 § 4110. PENALTIES. 26 (A) CRIMINAL PENALTIES.-- 27 (1) A PERSON WHO KNOWINGLY, WILLFULLY OR RECKLESSLY 28 MISREPRESENTS THAT A TEST OR AN ENVIRONMENTAL SAMPLE IS 29 ACCURATE OR WAS PERFORMED IN ACCORDANCE WITH PROCEDURES 30 AUTHORIZED PURSUANT TO THIS CHAPTER COMMITS A MISDEMEANOR OF 20010H2044B4135 - 22 -
1 THE THIRD DEGREE AND, UPON CONVICTION, SHALL BE SUBJECT TO A 2 FINE OF NOT LESS THAN $1,250 NOR MORE THAN $12,500 OR TO 3 IMPRISONMENT FOR A PERIOD OF NOT MORE THAN ONE YEAR, OR BOTH, 4 FOR EACH SEPARATE OFFENSE. 5 (2) A PERSON WHO KNOWINGLY, WILLFULLY OR RECKLESSLY 6 PERFORMS OR REPORTS AN INACCURATE TEST OR ANALYSIS OF AN 7 ENVIRONMENTAL SAMPLE COMMITS A MISDEMEANOR OF THE THIRD 8 DEGREE AND SHALL, UPON CONVICTION, BE SUBJECT TO A FINE OF 9 NOT LESS THAN $1,250 NOR MORE THAN $12,500 OR TO IMPRISONMENT 10 FOR A PERIOD OF NOT MORE THAN ONE YEAR, OR BOTH, FOR EACH 11 SEPARATE OFFENSE. 12 (3) A PERSON WHO KNOWINGLY, WILLFULLY OR RECKLESSLY 13 MISREPRESENTS THAT AN ENVIRONMENTAL LABORATORY HOLDS A 14 CERTIFICATE OF ACCREDITATION UNDER THIS CHAPTER COMMITS A 15 MISDEMEANOR OF THE THIRD DEGREE AND SHALL, UPON CONVICTION, 16 BE SUBJECT TO A FINE OF NOT LESS THAN $1,250 NOR MORE THAN 17 $12,500 OR TO IMPRISONMENT FOR A PERIOD OF NOT MORE THAN ONE 18 YEAR, OR BOTH, FOR EACH SEPARATE OFFENSE. 19 (B) ADMINISTRATIVE PENALTIES.-- 20 (1) IN ADDITION TO ANY OTHER REMEDY AVAILABLE AT LAW OR 21 EQUITY, THE DEPARTMENT MAY ASSESS AN ADMINISTRATIVE PENALTY 22 FOR A VIOLATION OF THIS CHAPTER. THE PENALTY MAY BE ASSESSED 23 WHETHER OR NOT THE VIOLATION WAS WILLFUL OR NEGLIGENT. WHEN 24 DETERMINING THE AMOUNT OF THE PENALTY, THE DEPARTMENT SHALL 25 CONSIDER THE WILLFULNESS OF THE VIOLATION, THE DAMAGE OR 26 INJURY OR THREAT OF DAMAGE OR INJURY TO PUBLIC HEALTH OR THE 27 ENVIRONMENT, THE COSTS TO THE DEPARTMENT FOR INVESTIGATION 28 AND ENFORCEMENT, THE ECONOMIC BENEFIT OF THE VIOLATION TO THE 29 PERSON AND OTHER RELATED FACTORS. THE DEPARTMENT SHALL INFORM 30 THE PERSON OF THE AMOUNT OF THE PENALTY. THE ADMINISTRATIVE 20010H2044B4135 - 23 -
1 PENALTY SHALL NOT EXCEED $5,000 PER DAY PER VIOLATION. 2 (2) EVERY DAY A VIOLATION CONTINUES SHALL BE A SEPARATE 3 VIOLATION. 4 (3) THE AMOUNT OF THE PENALTY ASSESSED AFTER A HEARING 5 BEFORE THE ENVIRONMENTAL HEARING BOARD OR AFTER WAIVER OF THE 6 RIGHT TO APPEAL THE ASSESSMENT SHALL BE PAYABLE TO THE 7 COMMONWEALTH AND COLLECTABLE IN ANY MANNER PROVIDED AT LAW 8 FOR COLLECTION OF DEBTS. IF ANY PERSON LIABLE TO PAY ANY SUCH 9 PENALTY NEGLECTS OR REFUSES TO PAY THE PENALTY AFTER DEMAND, 10 THE AMOUNT OF THE PENALTY, TOGETHER WITH INTEREST AND COST 11 THAT MAY ACCRUE, SHALL CONSTITUTE A JUDGMENT IN FAVOR OF THE 12 DEPARTMENT UPON THE PROPERTY OF SUCH PERSON FROM THE DATE IT 13 HAS BEEN ENTERED AND DOCKETED OF RECORD BY THE PROTHONOTARY 14 OF THE COUNTY IN WHICH THE PROPERTY IS SITUATED. THE 15 DEPARTMENT MAY AT ANY TIME TRANSMIT TO THE PROTHONOTARIES OF 16 ANY COUNTY IN WHICH THE PERSON HOLDS PROPERTY CERTIFIED 17 COPIES OF ALL SUCH JUDGMENTS, AND IT SHALL BE THE DUTY OF 18 EACH PROTHONOTARY TO ENTER AND DOCKET THE JUDGMENT OF RECORD 19 IN HIS OR HER OFFICE AND TO INDEX THE JUDGMENT AS JUDGMENTS 20 ARE INDEXED, WITHOUT REQUIRING THE PAYMENT OF COSTS BY THE 21 DEPARTMENT. 22 (C) CONCURRENT PENALTIES.--PENALTIES AND OTHER REMEDIES 23 UNDER THIS CHAPTER SHALL BE CONCURRENT AND SHALL NOT PREVENT THE 24 DEPARTMENT FROM EXERCISING ANY OTHER AVAILABLE REMEDY AT LAW OR 25 EQUITY. 26 (D) REBUTTABLE PRESUMPTION.--FAILURE OF AN ENVIRONMENTAL 27 LABORATORY OR LABORATORY SUPERVISOR TO MAINTAIN ADEQUATE RECORDS 28 OR PROFICIENCY TEST SAMPLES AS REQUIRED CREATES A REBUTTABLE 29 PRESUMPTION THAT THE TEST OR ANALYSIS WAS NOT CONDUCTED AS 30 REQUIRED. 20010H2044B4135 - 24 -
1 (E) FALSIFYING RESULTS.--IT SHALL BE UNLAWFUL TO FALSIFY THE 2 RESULTS OF TESTING OR ANALYSIS OF ENVIRONMENTAL SAMPLES OR TO 3 VIOLATE THE PROVISIONS OF 18 PA.C.S. § 4903 (RELATING TO FALSE 4 SWEARING) OR 4904 (RELATING TO UNSWORN FALSIFICATION TO 5 AUTHORITIES) IN THE CONTEXT OF THE SUBMISSION OF THE RESULTS OF 6 TESTING AND ANALYSIS OF ENVIRONMENTAL SAMPLES UNDER AN 7 ENVIRONMENTAL STATUTE. 8 § 4111. RECORDS. 9 RECORDS REQUIRED UNDER THIS CHAPTER SHALL BE MAINTAINED FOR 10 FIVE YEARS UNLESS OTHERWISE SPECIFIED IN REGULATION. 11 § 4112. WHISTLEBLOWER PROTECTION. 12 AN EMPLOYEE OF AN ENVIRONMENTAL LABORATORY COVERED BY THIS 13 CHAPTER SHALL BE DEEMED TO BE AN EMPLOYEE UNDER THE ACT OF 14 DECEMBER 12, 1986 (P.L.1559, NO.169), KNOWN AS THE WHISTLEBLOWER 15 LAW, IN REGARD TO GOOD FAITH REPORTS OF POTENTIAL VIOLATIONS OF 16 THIS CHAPTER. ENVIRONMENTAL LABORATORIES COVERED BY THIS CHAPTER 17 SHALL BE DEEMED TO BE AN EMPLOYER UNDER THE WHISTLEBLOWER LAW IN 18 REGARD TO GOOD FAITH REPORTS OF POTENTIAL VIOLATIONS OF THIS 19 CHAPTER. 20 § 4113. CONTINUATION OF EXISTING RULES AND REGULATIONS. 21 ALL EXISTING RULES AND REGULATIONS PROMULGATED PURSUANT TO 22 ANY ENVIRONMENTAL STATUTE REMAIN IN FULL FORCE AND EFFECT UNTIL 23 SUPERSEDED AND REPEALED BY THE RULES AND REGULATIONS PROMULGATED 24 PURSUANT TO THIS CHAPTER. 25 SECTION 2. THE ACT OF APRIL 2, 2002 (P.L.225, NO.25), KNOWN 26 AS THE ENVIRONMENTAL LABORATORY ACCREDITATION ACT, IS REPEALED. 27 SECTION 3. THE ADDITION OF 27 PA.C.S. CH. 41 IS A 28 CONTINUATION OF THE ACT OF APRIL 2, 2002 (P.L.225, NO.25), KNOWN 29 AS THE ENVIRONMENTAL LABORATORY ACCREDITATION ACT. THE FOLLOWING 30 APPLY: 20010H2044B4135 - 25 -
1 (1) ALL ACTIONS TAKEN UNDER THE ENVIRONMENTAL LABORATORY 2 ACCREDITATION ACT ARE VALID UNDER 27 PA.C.S. CH. 41. 3 (2) ORDERS AND DETERMINATIONS, WHICH WERE MADE UNDER THE 4 ENVIRONMENTAL LABORATORY ACCREDITATION ACT AND WHICH ARE IN 5 EFFECT ON THE EFFECTIVE DATE OF SECTION 2 OF THIS ACT SHALL 6 REMAIN VALID UNTIL VACATED OR MODIFIED UNDER 27 PA.C.S. 7 CH.41. 8 (3) REGULATIONS WHICH WERE PROMULGATED UNDER THE 9 ENVIRONMENTAL LABORATORY ACCREDITATION ACT AND WHICH ARE IN 10 EFFECT ON THE EFFECTIVE DATE OF SECTION 2 OF THIS ACT SHALL 11 REMAIN VALID UNTIL AMENDED UNDER 27 PA.C.S. CH. 41. 12 (4) EXCEPT AS SET FORTH IN PARAGRAPH (5), ANY DIFFERENCE 13 IN LANGUAGE BETWEEN 27 PA.C.S. CH. 41 AND THE ENVIRONMENTAL 14 LABORATORY ACCREDITATION ACT IS INTENDED ONLY TO CONFORM TO 15 THE STYLE OF THE PENNSYLVANIA CONSOLIDATED STATUTES AND IS 16 NOT INTENDED TO CHANGE OR AFFECT THE LEGISLATIVE INTENT, 17 JUDICIAL CONSTRUCTION OR ADMINISTRATION AND IMPLEMENTATION OF 18 THE ENVIRONMENTAL LABORATORY ACCREDITATION ACT. 19 (5) PARAGRAPH (4) DOES NOT APPLY TO THE FOLLOWING 20 PROVISIONS: 21 (I) 22 (II) 23 SECTION 4. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. J15L27RLE/20010H2044B4135 - 26 -