§ 23.1-01-14 — Environmental laboratories - Certification required - Fees

1. The department shall establish and administer a certification program for
environmental laboratories. The department may:
a. Establish standards and procedures for certifying environmental laboratories;
b. Issue certifications to all applicants who satisfy the requirements for certification
under this section and any rules under this section, to renew certifications, and to
deny, suspend, or revoke certifications for cause after notice and opportunity for
hearing;
c. Specify in a certification the parameters and analytical procedures the
environmental laboratory is certified to conduct;
d. Conduct onsite evaluations of certified environmental laboratories and applicants
for certification;
e. Establish reasonable fees for certifying environmental laboratories, which must
be deposited in the department operating fund and spent subject to appropriation
by the legislative assembly;
f. Reject any testing or data submitted by an environmental laboratory not certified
by the department;
g. Refuse to accept testing or data from a certified environmental laboratory when
the department reasonably determines that the results do not meet reasonable
criteria for validation; and
h. Adopt and enforce rules as necessary for implementation of this section.
2. Unless exempted by the department, all environmental laboratories that conduct tests
or prepare data for submittal to the department must be certified by the department
and comply with any conditions imposed by the certification.
3. The department may grant interim approval to operate an environmental laboratory
required to obtain certification under this section if the laboratory was certified under

any department program as of July 31, 2019. An environmental laboratory with interim
approval shall apply immediately for certification once the department adopts rules for
the issuance of certifications under this section. The interim approval is valid until the
department acts on the application.