N.J. Admin. Code § 7:18-10.4 - Classes of violations
(a) "Minor
violation" means any violation of the requirements of this chapter or of any
order issued pursuant to this chapter pertaining to laboratory administration
procedures or to any laboratory operating procedures, other than specific
analytical procedures. Minor violations include, but are not limited to,
noncompliance with requirements pertaining to laboratory management procedures,
failure to submit required fees, and failure to respond to notices of
deficiencies that have not directly affected data quality. Violations of
specific provisions of this chapter that are defined as minor violations
include, but are not necessarily limited to:
1.
7:18-1.4(e),
failure to display certification;
2.
7:18-2.11, noncompliance with
requirements relating to managerial and supervisory duties;
3.
7:18-2.12(a)2 and
3, noncompliance with those criteria for compliance sample acceptance and
analysis relating to personnel qualifications and laboratory
management;
4.
7:18-2.14(c),
failure to notify the Department of a change in the location of the
laboratory;
5.
7:18-2.14(g),
failure to notify the Department of the completion of corrective
action;
6.
7:18-2.19(a),
failure to report personnel changes;
7.
7:18-2.22(b)1,
failure to obtain required written statements and disclaimers; and
8.
7:18-3.2, noncompliance with
laboratory facility and safety requirements.
(b) "Moderate violation" means any violation
of the requirements of this chapter or of any order issued pursuant to this
chapter that directly affects the quality of laboratory data. These violations
include, but are not limited to, noncompliance with those requirements
pertaining to analytical procedures, quality control, data validity and
integrity, chain-of-custody, laboratory performance, data reporting and sample
collection, recordkeeping, and handling and preservation. A failure to make
available or to maintain complete records is equivalent to a violation that
directly affects data quality, because the Department is unable to verify facts
relevant to data quality without adequate records. Violations of specific
provisions of this chapter that are defined as moderate violations include, but
are not necessarily limited to:
1.
7:18-2.10, noncompliance with
laboratory personnel qualification requirements;
2.
7:18-2.14(f),
failure to submit a corrective action plan in response to an audit within the
time period provided;
3.
7:18-2.22(b)2,
failure to provide notification along with report of analysis results that the
analysis results are not to be used for regulatory purposes;
4.
7:18-2.12(b),
failure to follow requirements and criteria in approved method, or
7:18-2.22(a),
4.3(a), 5.3(a), 6.4(a), 8.3(a), use of unapproved methods;
5.
7:18-3.3, noncompliance with
requirements for laboratory equipment, supplies, materials and
instrumentation;
6.N.J.A.C. 7:18-4,
noncompliance with microbiological testing procedures, including equipment
requirements, chain of custody procedures, quality control procedures, standard
operating procedures, record keeping and data reporting procedures;
7.N.J.A.C. 7:18-5, noncompliance with
chemical testing procedures including equipment requirements, chain of custody
procedures, quality control procedures, standard operating procedures,
recordkeeping and data reporting procedures;
8.N.J.A.C. 7:18-6, noncompliance with
radiochemical testing procedures including equipment requirements, radon gas
progeny test procedures, chain of custody procedures, quality control
procedures, standard operating procedures, record keeping and data reporting
procedures;
9.N.J.A.C. 7:18-7,
noncompliance with toxicity testing procedures including equipment
requirements, chain of custody procedures, quality control procedures, standard
operating procedures, recordkeeping and data reporting procedures;
10.N.J.A.C. 7:18-8, noncompliance with
requirements for performing analyze-immediately measurements;
11.N.J.A.C. 7:18-9, noncompliance with
criteria for sample handling and preservation, collection procedures and chain
of custody procedures;
12.
7:18-2.13(b)
, (c), (d), (e), (f), (g), (h), and (i)3, failure to maintain records
of PT samples;
13.
7:18-4.6(a), (b) and
(d), failure to maintain records as
required;
14.
7:18-5.6(a) and
(b), failure to maintain records as
required;
15.
7:18-6.7(a), (b) and
(d), failure to maintain records as
required;
16.
7:18-7.7(b) and
(h)1, failure to maintain records as
required; and
17.
7:18-8.5(a) and
(b), failure to maintain records as
required.
(c) "Major
violation" means a violation involving the analysis of samples for the purpose
of establishing compliance with a regulatory program by a laboratory that is
not a certified environmental laboratory; a violation involving the analysis of
samples for the purpose of establishing compliance with a regulatory program,
in a manner that is beyond the scope of a laboratory's certification and ACPL;
or a violation involving the falsification of records. Violations of specific
provisions of this chapter that are defined as major violations include, but
are not necessarily limited to:
1.
7:18-1.4(c) and
2.2(b), performance of analyses or test methods beyond the purview of a
certification;
2.
7:18-1.9(a), false
certification of information by the laboratory;
3.
7:18-2.2(a),
noncompliance with prohibition against noncertified laboratories analyzing
samples to establish compliance with a regulatory program;
4.
7:18-2.2(c),
misrepresentation of certification;
5.
7:18-2.6(c)3,
failure to cease compliance sampling and analyses activities governed by this
chapter or the statutes pursuant to which this chapter is promulgated upon the
expiration or termination of temporary approval;
6.
7:18-2.12(a)1,
offering to perform services beyond the scope of the laboratory's
certification;
7.
7:18-2.14(a),
denial of access by Department personnel for audit purposes; and
8.
7:18-2.22(a),
4.3(a), 5.3(a), 6.4(a), 8.3(a), performance of analyses beyond the scope of
certification; and
9.
7:18-2.22(b)3,
misrepresentations made to persons other than the Department involving the
laboratory's status as a certified environmental laboratory.
Notes
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