Section 149.02. Applicability.

 

(1)  This chapter specifies requirements for the administration of the laboratory certification and registration program by the department.

(2)  Unless otherwise exempted in this section, this chapter applies to laboratories:

(a) Applying for certification and registration.

(b) Holding a certification or a registration.

(c) Submitting data to the department for a covered program.

(d) Generating data that is necessary for the department to determine compliance with a covered program.

(3)  The requirements for the certification of laboratories performing analyses for the safe drinking water program covered by ch. NR 809 are specified in s. NR 149.19 .

(4)  The requirements for the certification and registration of laboratories performing whole effluent toxicity testing are specified in ss. NR 149.20 and 149.49 .

(5)  This chapter applies to laboratories analyzing industrial pre-treatment samples when the department is the control authority of a pre-treatment ordinance, or when another control authority requires it.

(6)  Laboratories required to perform bacteriological testing for a covered program shall be certified or approved under ch. ATCP 77 by the department of agriculture, trade, and consumer protection.

(7)  Laboratories required to perform radiological testing for a covered program shall be certified or approved by EPA.

(8)  This chapter establishes requirements that shall be followed, at a minimum, by all laboratories.

(a) Laboratories are also responsible for following any requirements pertaining to analyses and analytical operations contained in mandated test methods or regulations when those requirements are more stringent than the ones specified in this chapter, unless this chapter grants explicit, alternative allowances.

(b) When it is not apparent whether the minimum requirements of this chapter or those specified in mandated test methods or regulations are more stringent, laboratories shall follow the requirements in mandated test methods or regulations.

(c) The department shall retain the authority to make a decision on the stringency of a laboratory requirement when the applicability of a requirement is disputed.

History: CR 06-005 : cr. Register April 2008 No. 628 , eff. 9-1-08.

Note

Administrative codes and programs requiring analyses to be performed by a certified or registered laboratory are chs. NR 110 – Sewerage Systems, 113 – Servicing Septic Systems, 123 – Well Compensation Program, 131 – Metallic Mineral Prospecting, 132 – Metallic Mineral Mining, 140 – Groundwater Quality, 145 – Private Wells, 150 – Environmental Analysis and Review Procedures, 157 – Management of PCBs, 158 – Hazardous Substance Discharge Notification, 182 – Metallic Mining Waste, 206 – Land Disposal of Municipal and Domestic Wastewaters, 210 – Sewage Treatment Works, 211 – General Pretreatment Requirements, 212 – Wasteload Allocated Effluent Limits, 214 – Land Treatment of Industrial Liquid Wastes, 216 – Stormwater Management, 219 – Analytical Test Methods and Procedures, 347 – Sediment Sampling and Analysis, 507 – Environmental Monitoring for Landfills, 528 - Management of Accumulated Sediment from Storm Water Management Structures, 661 – Hazardous Waste Identification and Listing, 662 – Hazardous Waste Generator Standards, 664 – Hazardous Waste Treatment, Storage and Disposal Facility Standards, 665 – Interim License Hazardous Waste Treatment, Storage and Disposal Facility Standards, 700 – General Requirements for Investigation and Remediation of Environmental Contamination, 712 – Environmental Response Actions, 716 –Site Investigations, 809 – Safe Drinking Water, 811 – Design of Community Water Supplies, 845 – County Administration of NR 812 (Private Wells), and DCF 251 – Group Day Care Centers for Children. Microsoft Windows NT 6.1.7601 Service Pack 1 Laboratories performing analyses for the safe drinking water program covered by ch. NR 809 must be certified even if they do not perform or intend to perform tests commercially for hire. Registration is not available for these analyses. Microsoft Windows NT 6.1.7601 Service Pack 1 The order of precedence for the authority of a requirement is statute, code, and method. The order of applicability of a requirement is generally method, code, and statute, whenever each succeeding source contains more general or less stringent requirements that are not in conflict. Microsoft Windows NT 6.1.7601 Service Pack 1