Chapter 1063 Oregon Laws 1999

Session Law

AN ACT

HB 2177

Relating to environmental laboratories; creating new provisions; amending ORS 448.280 and 448.285; and appropriating money.

Be It Enacted by the People of the State of Oregon:

SECTION 1. As used in sections 1 to 4 of this 1999 Act and ORS 448.280 and 448.285:

(1) "Accrediting authority" means the official accrediting authority for the Oregon environmental laboratory accreditation program comprised of the Assistant Director for Health or designee, the Director of the Department of Environmental Quality or designee and the Director of Agriculture or designee.

(2) "Division" means the Health Division of the Department of Human Resources.

(3) "Environmental laboratory" means a fixed location or mobile facility that performs chemical, physical, radiological, microbiological or biological testing of environmental samples or the collection of environmental samples.

(4) "Environmental testing" means laboratory analysis of any matter, pollutant, contaminant or hazardous substance subject to regulation pursuant to:

(a) Rules adopted or enforced by the Health Division, the Department of Environmental Quality or the State Department of Agriculture; or

(b) A federal environmental statute or regulation administered or enforced by the United States Environmental Protection Agency.

SECTION 2. (1) The Health Division, in concurrence with the accrediting authority, may adopt by rule standards for any laboratory seeking accreditation and performing environmental testing for a fee or for determining compliance with environmental statutes, rules or regulations.

(2) In developing standards under subsection (1) of this section, the Health Division shall cooperate with and may seek advice from the United States Environmental Protection Agency and any other state or federal agency that may have adopted rules or regulations for environmental monitoring.

(3) The standards adopted under this section may address testing and sampling procedures or methods, record keeping, disposal or retention of testing materials or samples, or any other practice related to work performed by an environmental laboratory.

SECTION 3. The Health Division, in concurrence with the accrediting authority, shall establish by rule and implement an environmental laboratory accreditation program. The standards for accreditation may be equivalent to, but may not exceed, standards adopted by national accreditation programs.

SECTION 4. (1) In conjunction with the environmental laboratory accreditation program established under section 3 of this 1999 Act, the Health Division may establish and collect a fee for laboratory accreditation under the program. A fee imposed under this section shall not exceed the cost of administering the program.

(2) Prior to imposing the fee under subsection (1) of this section, the Health Division shall obtain the approval of the Oregon Department of Administrative Services and report to the appropriate legislative committee.

(3) All moneys collected by the Health Division under this section shall be deposited in a dedicated account of the Health Division. Such moneys are continuously appropriated to the division to pay the costs of the division, the State Department of Agriculture and the Department of Environmental Quality in administering the environmental laboratory accreditation program established under section 3 of this 1999 Act.

SECTION 5. ORS 448.280 is amended to read:

448.280. (1) In addition to any other penalty provided by law[,]:

(a) Any person who violates any rule of the Health Division relating to the construction, operation or maintenance of a water system or part thereof shall incur a civil penalty not to exceed $500 for each day of violation.

(b) Any person who operates an environmental laboratory and who purports that the laboratory is accredited under the environmental laboratory accreditation program established under section 3 of this 1999 Act when the laboratory is not accredited shall incur a civil penalty in accordance with the schedule of penalties established by rule by the Assistant Director for Health, in collaboration with the accrediting authority.

(2) No civil penalty prescribed under subsection (1) of this section shall be imposed until the person incurring the penalty has received five days' advance notice in writing from the division or unless the person incurring the penalty shall otherwise have received actual notice of the violation not less than five days prior to the violation for which a penalty is imposed.

SECTION 6. ORS 448.285 is amended to read:

448.285. (1) The Assistant Director [of the division] for Health shall adopt by rule a schedule or schedules establishing the amount of civil penalty that may be imposed for a particular violation. No civil penalty shall exceed $500 per day.

(2) The assistant director may impose the penalty without hearing but only after the notice required by ORS 448.280 (2). In imposing a penalty pursuant to the schedule or schedules adopted pursuant to this section, the assistant director shall consider the following factors:

(a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

(b) Any prior violations of statutes, rules, orders and permits pertaining to the water system.

(3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the Health Division considers proper and consistent with the public health and safety.

(4) In adopting rules or imposing penalties under this section for violations of ORS 448.280 (1)(b), the assistant director shall collaborate with the accrediting authority.

Approved by the Governor September 1, 1999

Filed in the office of the Secretary of State September 2, 1999

Effective date October 23, 1999

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