Basic Qualifications.
  (1) To qualify for designation, the laboratory shall demonstrate that it:
    (A) is staffed with experienced, professional personnel in the fields of hydrology, mining engineering, aquatic biology, geology or chemistry as applicable to the work to be performed;
    (B) is capable of collecting necessary field data and samples;
    (C) has adequate space for material preparation, cleaning and sterilizing of necessary equipment, stationary equipment, storage and space to accommodate periods of peak work loads;
    (D) meets the requirements of the Occupational Safety and Health Act;
    (E) has the financial capability and business organization necessary to perform the work required;
    (F) has analytical, monitoring and measuring equipment capable of meeting the applicable standards and methods contained in:
      (i) Standard Methods for the Examination of Water and Wastewater, 15th Edition, 1980. This publication is available from the American Public Health Association, 1015 18th Street, NW, Washington, D.C. 20036; and
      (ii) Methods for Chemical Analysis of Water and Wastes, 1974. This publication is available from the Office of Technology Transfer, U.S. Environment. Research Laboratory, Cincinnati, Ohio 45268. These standards are hereby incorporated by reference; and
    (G) has the capability of making hydrologic field measurements and analytical laboratory determinations by acceptable hydrologic engineering or analytical methods, or other appropriate methods or guidelines for data acquisition.
  (2) The qualified laboratory shall be capable of performing either the determination of probable hydrologic consequences or the statement of results of test borings as described in §12.240(a)(1) or (2) of this title (relating to Data Requirements). Subcontractors may be used to provide the services required provided they have been designated as a qualified laboratory.

Source Note: The provisions of this §12.241 adopted to be effective April 7, 1997, 22 TexReg 3093.