Chapter NR 149

NR 149.03(76) (76) “Surrogate” means a substance unlikely to be found in environmental samples, with properties similar to those of analytes of interest, which is used to evaluate the bias of an analysis in the fortified sample.

NR 149.03(77) (77) “Suspension” means a temporary cancellation of a laboratory’s certification.

NR 149.03(78) (78) “Temperature blank” means a sample container, of at least 40 mL capacity, filled with water and transported with each shipment of collected samples to determine the temperature of other samples in the shipment on arrival at a laboratory.

NR 149.03(79) (79) “Test” means any chemical, biological, physical, radiological, or microscopic assay, examination, or analysis conducted by a laboratory on water, wastewater, groundwater, a biosolid, a waste material, a hazardous substance, or any other matrix analyzed to determine compliance with a covered program.

NR 149.03(80) (80) “X-intercept” means the point at which the plot of the calibration function crosses the x-axis.

NR 149.03 History History: CR 17-046: cr. Register February 2021 No. 782, eff. 6-29-21; corection in (38), (48), (60) made under s. 35.17, Stats., Register February 2021 No. 782.

subch. II of ch. NR 149 Subchapter II — Program Administration

NR 149.05 NR 149.05 Required accreditation.

NR 149.05(1) (1) All laboratories submitting data to the department for a covered program or generating data to determine compliance with a covered program, shall be accredited under this chapter for the fields of accreditation corresponding to the submitted or generated data, unless this chapter or a covered program exempts a test from requiring accreditation.

NR 149.05(2) (2) The department may not accept data from a laboratory that is not properly accredited under this chapter, except as provided in s. NR 149.11.

NR 149.05(3) (3) The department may initiate enforcement action against a laboratory which maintains accreditations under this chapter but performs testing for analytes for which it does not hold the appropriate accreditation and for which the department offers accreditation when that data will be reported to the department.

NR 149.05(4) (4) A laboratory may not transfer its accreditation to any other entity unless the department expressly approves the transfer by the process specified in s. NR 149.14 (1) (a).

NR 149.05 History History: CR 17-046: cr. Register February 2021 No. 782, eff. 6-29-21.

NR 149.06 NR 149.06 Certificates.

NR 149.06(1) (1) The department shall issue certificates to accredited laboratories indicating or referring to the specific fields of accreditation for which laboratories have been granted accreditation. The department shall issue certificates annually, whenever the fields for which a laboratory is accredited change, and when a laboratory relocates or changes its name.

NR 149.06(2) (2) 

NR 149.06(2)(ag) (ag) The department shall issue certificates to the owner or legally responsible party of a laboratory.

NR 149.06(2)(ar) (ar) The department may not issue certificates to anyone who is not the owner or legally responsible party of a laboratory.

NR 149.06(2)(b) (b) The department may indicate in a certificate that a laboratory is managed by an outside contractor.

NR 149.06(3) (3) Certificates are the property of the department and shall be returned to the department upon request.

NR 149.06(4) (4) A laboratory may not alter or modify certificates issued by the department. A laboratory that alters or modifies a certificate, or that misrepresents the fields of accreditation contained or referenced in a certificate, may be subject to revocation of all its accreditations.

NR 149.06 History History: CR 17-046: cr. Register February 2021 No. 782, eff. 6-29-21; renum. (2) (intro.), (a) to (2) (ag), (ar) under s. 13.92 (4) (b) 1., Stats., Register February 2021 No. 782.

NR 149.08 NR 149.08 Acceptance of other accreditations, licenses, or approvals.

NR 149.08(1) (1) Agriculture, trade, and consumer protection agreement. The department shall accept the accreditation, licensure, or approval by the department of agriculture, trade, and consumer protection for microbiological testing performed by a laboratory submitting or generating data for a covered program.

NR 149.08(2) (2) Laboratories accredited, licensed, or approved by other governments.

NR 149.08(2)(a) (a) The department may negotiate with and attempt to enter into agreements with federal agencies and agencies of other states to reciprocally accept accreditations of laboratories under this chapter.

NR 149.08(2)(b) (b) The department may accept the accreditation, licensure, or approval of a laboratory by another state or an agency of the federal government if the standards used for the qualification of a laboratory are substantially equivalent to those established in this chapter.

NR 149.08(2)(c) (c) The department may not accept the accreditation, licensure, or approval of a laboratory by another state or an agency of the federal government, unless that state or federal agency accepts laboratories accredited under this chapter.

NR 149.08(3) (3) Private organization agreements.

NR 149.08(3)(a) (a) The department may enter into agreements with private not-for-profit organizations to accept accreditation of laboratories under this chapter.

NR 149.08(3)(b) (b) The department may accept the accreditation, licensure, or approval of a laboratory by a private not-for-profit organization if the organization’s standards used for the qualification of a laboratory are substantially equivalent to those established in this chapter.

NR 149.08 History History: CR 17-046: cr. Register February 2021 No. 782, eff. 6-29-21.

NR 149.09 NR 149.09 Certification standards review council.

NR 149.09(1) (1) The council shall advise the department on the standards used to certify, register, suspend, and revoke laboratories.

NR 149.09(2) (2) The council shall advise the department on training and outreach activities that the department may offer or sponsor to facilitate compliance of laboratories with this chapter.

NR 149.09(3) (3) The council shall advise the department on the frequency and scope of evaluations necessary to determine compliance of laboratories with this chapter.

NR 149.09(4) (4) The department shall seek the advice of the council before requiring the analysis of additional PT samples and approving PT sample providers.

NR 149.09(5) (5) The department shall seek the advice of the council before implementing changes in the fees assessed to laboratories.

NR 149.09(6) (6) The department shall seek the advice of the council in granting variances.

NR 149.09(7) (7) The department shall prepare annually the following for review by the council:

NR 149.09(7)(a) (a) A summary of laboratory evaluations performed.

NR 149.09(7)(b) (b) A list of required PT samples and available PT sample providers.

NR 149.09(7)(c) (c) A summary of fees scheduled to be assessed to laboratories.

NR 149.09(7)(d) (d) A summary of variances issued.

NR 149.09 History History: CR 17-046: cr. Register February 2021 No. 782, eff. 6-29-21.

NR 149.10 NR 149.10 Enforcement.

NR 149.10(1) (1) Administrative procedures. A laboratory’s accreditation is valid until it expires, is suspended, or is revoked. If, after opportunity for a contested case hearing, the department finds that an accredited laboratory materially and consistently failed to comply with the provisions of this chapter, the department may suspend or revoke a laboratory’s accreditation in whole or in part by matrix, analytical technology, method, analyte, or analyte group. Contested case hearings for out-of-state laboratories regulated under this chapter shall be held in Madison, Wisconsin.

NR 149.10(2) (2) Suspension or revocation of certified laboratories.

NR 149.10(2)(a) (a) Causes for suspension of certification include any of the following:

NR 149.10(2)(a)1. 1. Material and consistent failure to comply with the requirements of this chapter.

NR 149.10(2)(a)2. 2. Reporting data to the department after a laboratory is deemed temporarily incapable of performing analysis in any matrix, analytical technology, method, analyte, or analyte group.

NR 149.10(2)(a)3. 3. Suspension of certification, accreditation, license, or approval by another state or agency of the federal government for which the laboratory holds certification if the grounds for suspension are substantially equivalent to any of those listed in this paragraph.

NR 149.10(2)(b) (b) Causes for revocation of certification include any of the following:

NR 149.10(2)(b)1. 1. Material and consistent failure to maintain records as required in this chapter.

NR 149.10(2)(b)2. 2. Failure to allow the department to perform on-site evaluations as specified in subch. VI.

NR 149.10(2)(b)3. 3. Material and consistent failure to comply with the requirements of this chapter.

NR 149.10(2)(b)4. 4. Material and consistent failure to submit requested records to the department.

NR 149.10(2)(b)5. 5. Material and consistent failure to follow specified procedural or quality control requirements prescribed in methods.

NR 149.10(2)(b)6. 6. Falsification of analytical results, testing dates, or any other information submitted to the department by the laboratory. Falsification includes alteration or modification of a certificate.

NR 149.10(2)(b)7. 7. Failure of two consecutive PT samples for any method and analyte or analyte group combination for laboratories holding certification in the drinking water matrix.

NR 149.10(2)(b)8. 8. Revocation of certification, registration, accreditation, license, or approval by another state or agency of the federal government for which the laboratory holds certification if the grounds for revocation are substantially equivalent to any of those listed in this paragraph.

NR 149.10(3) (3) Revocation of registered laboratories. Causes for revocation of registration include any of the following:

NR 149.10(3)(a) (a) Material and consistent failure to maintain records as required in this chapter.

NR 149.10(3)(b) (b) Failure to allow the department to perform on-site evaluations as specified in subch. VI.

NR 149.10(3)(c) (c) Material and consistent failure to comply with the requirements of this chapter.

NR 149.10(3)(d) (d) Material and consistent failure to submit requested records to the department.

NR 149.10(3)(e) (e) Material and consistent failure to follow specified procedural or quality control requirements prescribed in approved methods.

NR 149.10(3)(f) (f) Falsification of analytical results, testing dates, or any other information submitted to the department by the laboratory. Falsification includes alteration or modification of a certificate.

NR 149.10(4) (4) Procedure for suspension or revocation of accreditation.

NR 149.10(4)(a) (a) An order suspending or revoking accreditation shall be mailed to the laboratory and shall state the reasons for suspension or revocation. The order shall include the conditions under which reapplication will be accepted. For orders suspending accreditation, the order may include a timetable for correcting the deficiencies that led to the suspension. For orders revoking accreditation, the department may set a time for the revocation.

NR 149.10(4)(b) (b) An order suspending or revoking an accreditation shall take effect on the 30th day after the order is mailed unless the owner of an accredited laboratory submits a petition for a hearing. Petitions for a hearing shall be submitted to the department within 30 days of receiving the order. The petition for hearing shall specify the findings or conclusions, or both, that the laboratory disputes and conform to the requirements of s. NR 2.05 (5).

NR 149.10(4)(c) (c) If a request for a hearing is submitted and meets the requirements of s. 227.42, Stats., the suspension or revocation shall be stayed, and the department shall conduct a contested case hearing on the matter. At least ten days prior to the date of the hearing, the department shall send a written notice to the laboratory indicating the date, time, and location of the hearing. The final determination of the department, including the basis for the decision, shall be provided by written order to the laboratory after the hearing.

NR 149.10 Note Note: Refer to ch. NR 2 for additional information on the contested hearing process.

NR 149.10(4)(d) (d) The final determination of the department is subject to review under ch. 227, Stats.

NR 149.10(5) (5) Reapplication following suspension or revocation.

NR 149.10(5)(a) (a) A laboratory that has had its accreditation suspended may reapply for accreditation if all the following are met:

NR 149.10(5)(a)1. 1. The deficiencies that led to the suspension have been corrected in accordance with the timetable contained in the order.

NR 149.10(5)(a)2. 2. Any conditions for reapplication specified in the order have been met.

NR 149.10(5)(b) (b) A laboratory that has had its accreditation revoked may reapply for accreditation if all of the following have been met:

NR 149.10(5)(b)1. 1. The deficiencies that led to the revocation have been corrected.

NR 149.10(5)(b)2. 2. Conditions contained in the order have been satisfied.

NR 149.10(5)(b)3. 3. The time for which the revocation is in effect has expired.

NR 149.10(5)(c) (c) Laboratories reapplying for accreditation following suspension or revocation shall submit an initial application as identified in s. NR 149.14 (1) and (2).

NR 149.10(6) (6) Referral.

NR 149.10(6)(a) (a) Any violation of this chapter may be referred to the attorney general’s office for enforcement under ss. 299.95 and 299.97, Stats.

NR 149.10(6)(b) (b) Any laboratory operating without proper accreditation for which analysis results are submitted to the department for compliance monitoring or for analyses that require certification or registration under any covered program may be referred by the department to the attorney general’s office for enforcement.

NR 149.10 History History: CR 17-046: cr. Register February 2021 No. 782, eff. 6-29-21.

NR 149.11 NR 149.11 Discretionary acceptance.

NR 149.11(1) (1) Except for results of tests required under ch. NR 809 the department may accept, on a case-by-case basis, the results of tests originating in a laboratory not accredited as required by a covered program if the results meet all other requirements of this chapter.