2004 Minnesota Statutes

     144.98 Certification of environmental laboratories. 

    Subdivision 1.    Authorization.  The commissioner of 
 health may certify laboratories that test environmental samples. 

    Subd. 2.    Rules.  The commissioner may adopt rules to 
 implement this section, including: 

    (1) procedures, requirements, and fee adjustments for 
 laboratory certification, including provisional status and 
 recertification; 

    (2) standards and fees for certificate approval, 
 suspension, and revocation; 

    (3) standards for environmental samples; 

    (4) analysis methods that assure reliable test results; 

    (5) laboratory quality assurance, including internal 
 quality control, proficiency testing, and personnel training; 
 and 

    (6) criteria for recognition of certification programs of 
 other states and the federal government. 

    Subd. 3.    Fees.  (a) An application for certification 
 under subdivision 1 must be accompanied by the biennial fee 
 specified in this subdivision.  The fees are for: 

    (1) nonrefundable base certification fee, $1,200; and 

    (2) test category certification fees: 

 Test Category                                  Certification Fee

 Clean water program bacteriology                           $600
 Safe drinking water program bacteriology                   $600
 Clean water program inorganic chemistry                    $600
 Safe drinking water program inorganic chemistry            $600
 Clean water program chemistry metals                       $800
 Safe drinking water program chemistry metals               $800
 Resource conservation and recovery program 
   chemistry metals                                         $800
 Clean water program volatile organic compounds           $1,200
 Safe drinking water program 
   volatile organic compounds                             $1,200
 Resource conservation and recovery program 
   volatile organic compounds                             $1,200
 Underground storage tank program
   volatile organic compounds                             $1,200
 Clean water program other organic compounds              $1,200
 Safe drinking water program other organic compounds      $1,200
 Resource conservation and recovery program
   other organic compounds                                $1,200

    (b) The total biennial certification fee is the base fee 
 plus the applicable test category fees.  

    (c) Laboratories located outside of this state that require 
 an on-site survey will be assessed an additional $2,500 fee. 

    (d) Fees must be set so that the total fees support the 
 laboratory certification program.  Direct costs of the 
 certification service include program administration, 
 inspections, the agency's general support costs, and attorney 
 general costs attributable to the fee function. 

    (e) A change fee shall be assessed if a laboratory requests 
 additional analytes or methods at any time other than when 
 applying for or renewing its certification.  The change fee is 
 equal to the test category certification fee for the analyte.  

    (f) A variance fee shall be assessed if a laboratory 
 requests and is granted a variance from a rule adopted under 
 this section.  The variance fee is $500 per variance. 

    (g) Refunds or credits shall not be made for analytes or 
 methods requested but not approved.  

    (h) Certification of a laboratory shall not be awarded 
 until all fees are paid. 

    Subd. 4.    Fees for laboratory proficiency testing and 
 technical training.  The commissioner of health may set fees 
 for proficiency testing and technical training services under 
 section 16A.1285.  Fees must be set so that the total fees cover 
 the direct costs of the proficiency testing and technical 
 training services, including salaries, supplies and equipment, 
 travel expenses, and attorney general costs attributable to the 
 fee function. 

    Subd. 5.    State government special revenue fund.  Fees 
 collected under this section must be deposited in the state 
 government special revenue fund. 

    HIST: 1988 c 689 art 2 s 34; 1Sp1993 c 1 art 9 s 52; 1995 c 
 165 s 4; 1995 c 233 art 2 s 50; 1996 c 305 art 3 s 21; 1999 c 
 250 art 3 s 21; 1Sp2001 c 9 art 1 s 38; 2002 c 379 art 1 s 113