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.
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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
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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,
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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.
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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
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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
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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
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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:
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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.
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