Environment Article - Subtitle 10. Water Quality Laboratories

Definitions; General Provisions

SUBTITLE 10. WATER QUALITY LABORATORIES
PART I. DEFINITIONS; GENERAL PROVISIONS

§ 9-1001. Definitions.
(a) In general.- In this subtitle the following words have the meanings indicated.
(b) Certification.- "Certification" means certification by the Department under this subtitle.
(c) Person.- "Person" includes any state, county, municipal corporation, federal agency, or special taxing area.
(d) Public drinking water system.- "Public drinking water system" has the meaning stated in the federal Safe Drinking Water Act for "public water system".

(e) Water quality laboratory.- "Water quality laboratory" means any person who, by any method, examines a public drinking water system:
     (1) To determine whether it complies with the federal Safe Drinking Water Act or State standards for public drinking water; or
     (2) To produce laboratory information for enforcement of the federal Safe Drinking Water Act or State standards for public drinking water.
[An. Code 1957, art. 43, § 34A; 1982, ch. 240, § 2.]

§ 9-1002. Exemption from fees.
The provisions of this subtitle that require the payment of a fee for certification or renewal of a certification do not apply to any county or municipal corporation in this State.
[An. Code 1957, art. 43, § 34A; 1982, ch. 240, § 2.]

§ 9-1003. Duties of Department and Secretary.
(a) Department.- The Department shall:
     (1) Adopt rules and regulations to carry out the provisions of this subtitle;
     (2) Establish a proficiency testing program to test the performance of any water quality laboratory; and
     (3) Set standards for:
          (i) Demonstrating satisfactory performance in a proficiency testing program; and
          (ii) Conducting the program.
(b) Secretary.- The Secretary shall have each water quality laboratory inspected at least triennially.
[An. Code 1957, art. 43, § 34A; 1982, ch. 240, § 2; 1983, ch. 101.]

§ 9-1004, 9-1005.
Reserved.

Certification

PART II. CERTIFICATION

§ 9-1006. Certification required.
A water quality laboratory shall be certified by the Department before the water quality laboratory may be operated in this State.
[An. Code 1957, art. 43, § 34A; 1982, ch. 240, § 2.]

§ 9-1007. Qualifications for certification.
To qualify for certification, a water quality laboratory shall:
(1) Meet the standards and qualifications the Department sets; and
(2) Comply with the rules and regulations that the Department adopts under this subtitle.
[An. Code 1957, art. 43, § 34A; 1982, ch. 240, § 2.]

§ 9-1008. Applications for certification.
Any person who wishes to operate a water quality laboratory shall:
(1) Submit to the Department, on the form the Department requires, an application for certification of the water quality laboratory; and
(2) Pay to the Department the application fee set by the Department.
[An. Code 1957, art. 43, § 34A; 1982, ch. 240, § 2.]

§ 9-1009. Inspection.
Before certifying any water quality laboratory, the Secretary shall have the water quality laboratory inspected.
[An. Code 1957, art. 43, § 34A; 1982, ch. 240, § 2.]

§ 9-1010. Issuance of certification.
The Department shall certify any water quality laboratory that meets the requirements of this subtitle.
[An. Code 1957, art. 43, § 34A; 1982, ch. 240, § 2.]

§ 9-1011. Scope of certification.
While it is effective, certification under this subtitle authorizes the certified water quality laboratory to:
(1) Be operated; and
(2) Test well water for State standards.
[An. Code 1957, art. 43, § 34A; 1982, ch. 240, § 2; ch. 337; 1988, ch. 6, § 1.]

§ 9-1012. Term and renewal of certification.
(a) Certification period.- A certification expires on the first anniversary of its effective date unless the certification is renewed for a 1-year term as provided in this section.
(b) Renewal notice.- At least 1 month before a certification expires, the Department shall send to the certified water quality laboratory, by first class mail to the last known address of the water quality laboratory, a renewal notice
that states:
     (1) The date on which the current certification expires;
     (2) The date by which the renewal application must be received by the Department for the renewal to be issued and mailed before the certification expires; and
     (3) The amount of the renewal fee.
(c) Applications for renewal.- Before the certification expires, the certified water quality laboratory may renew its certification for an additional 1-year term if the water quality laboratory:
     (1) Otherwise is entitled to be certified;
     (2) Pays to the Department the renewal fee set by the Department; and
     (3) Submits to the Department a renewal application on the form that the Department requires.
(d) Renewal of certification.- The Department shall renew the certification of each water quality laboratory that meets the requirements of this subtitle.
[An. Code 1957, art. 43, § 34A; 1982, ch. 240, § 2.]

§ 9-1013. Reinstatement of expired certification.
If the water quality laboratory meets the renewal requirements of this subtitle, the Secretary shall reinstate the certification of a water quality laboratory the certification of which has not been renewed for any reason.
[An. Code 1957, art. 43, § 34A; 1982, ch. 240, § 2.]

§ 9-1014. Nontransferability of certification; display of certificate.
(a) Nontransferability.- A water quality laboratory certification is not transferable.
(b) Display.- Each certified water quality laboratory shall display its certificate of certification conspicuously in the place of business of the certified water quality laboratory.
[An. Code 1957, art. 43, § 34A; 1982, ch. 240, § 2.]

§ 9-1015. Laboratory located outside State.
(a) In general.- If a water quality laboratory located outside of this State examines any of the public drinking water of this State, the results of that examination may not be accepted by this State unless the water quality laboratory is certified under this subtitle.
(b) Conditions for certification.- A person who operates a water quality laboratory in another state and who wishes to have the water quality laboratory certified in this State shall:
     (1) Submit to the Department, on the form that the Department requires, an application for certification of the water quality laboratory;
     (2) Show to the satisfaction of the Department that the water quality laboratory meets at least the minimum standards and qualifications adopted by the Department under this subtitle for water quality laboratories in this State;
and
     (3) Pay to the Department the application fee set by the Department. (c) Renewal of certification.- A water quality laboratory that is in another state and is certified under this subtitle may renew its certification in accordance with the provisions of this subtitle.
[An. Code 1957, art. 43, § 34A; 1982, ch. 240, § 2.]

§ 9-1016. Reprimands, suspensions, and revocations - Grounds.
Subject to the hearing provisions of § 9-1017 of this subtitle, the Secretary may reprimand or revoke or suspend the certification of any water quality laboratory that:
(1) Fraudulently or deceptively obtains or attempts to obtain a certification;
(2) Fraudulently or deceptively uses a certification;
(3) Fails to meet substantially the standards and qualifications adopted by the Department under this subtitle; or
(4) Fails to comply with the rules and regulations adopted by the Department under this subtitle.
[An. Code 1957, art. 43, § 34A; 1982, ch. 240, § 2.]

§ 9-1017. Same - Hearings.
(a) Right to hearing.- Before the Secretary takes any action under § 9-1016 of this subtitle, the Secretary shall give the water quality laboratory against which the action is contemplated:
     (1) Written notice of the charges filed against it; and
     (2) An opportunity for a hearing before the Secretary
     (b) Application of Administrative Procedure Act.- The Secretary shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
[An. Code 1957, art. 43, § 34A; 1982, ch. 240, § 2.]

§ 9-1018. Judicial review.
(a) In general.- Any person aggrieved by a final decision of the Secretary in a contested case under this subtitle may take a direct judicial appeal.
(b) Application of Administrative Procedure Act.- The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act.
[An. Code 1957, art. 43, § 34A; 1982, ch. 240, § 2.]

§ 9-1019, 9-1020.
Reserved.

Prohibited Acts; Penalties

PART III. PROHIBITED ACTS; PENALTIES

§ 9-1021. Operating without certification.
A person may not operate or attempt to operate a water quality laboratory in this State unless the water quality laboratory is certified by the Department.
[An. Code 1957, art. 43, § 34A; 1982, ch. 240, § 2.]

§ 9-1022. Misrepresentation.
Unless the water quality laboratory the person operates is certified under this subtitle, a person may not represent to the public by title, by description of services, methods or procedures, or otherwise that the person operates a
certified water quality laboratory.
[An. Code 1957, art. 43, § 34A; 1982, ch. 240, § 2.]

§ 9-1023. Fraudulently or unlawfully obtained certification.
A person may not:
(1) Sell or fraudulently obtain, or provide or aid in selling or fraudulently obtaining or providing, a certification issued under this subtitle; or
(2) Operate as a certified laboratory under a certification that is unlawfully or fraudulently obtained or unlawfully issued.
[An. Code 1957, art. 43, § 34A; 1982, ch. 240, § 2; 1988, ch. 6, § 1.]

§ 9-1024, 9-1025.
Reserved.

§ 9-1026. Penalties.
A person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
[An. Code 1957, art. 43, § 34A; 1982, ch. 240, § 2.]

Short Title

PART IV. SHORT TITLE

§ 9-1027. Short title.
This subtitle may be cited as the "Maryland Water Quality Laboratory Certification Act".
[An. Code 1957, art. 43, § 34A; 1982, ch. 240, § 2.]
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Source: Maryland Code/ENVIRONMENT/TITLE 9. WATER, ICE, AND SANITARY
FACILITIES/SUBTITLE 10. WATER QUALITY LABORATORIES