ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before the South Carolina Administrative Law Judge Division ("Division") pursuant to the Petition of On
Line Environmental, Inc., requesting a contested case hearing. Petitioner challenged the Department's decision of August
8, 2002, to decertify the laboratory for the following parameters: Biochemical Oxygen Demand (BOD), EPA Method
405.1, and Fecal Coliform Bacteria (MF)-Standard Method 9222D. The parties have resolved all issues in this matter, and
agree that Petitioner shall, within 30 days of the effective date of this order:
1. Demonstrate compliance with the seed and GGA requirements for BOD. The laboratory shall submit to the Department
four recent (since July 2002) analysis records demonstrating that it is now meeting the method-required acceptance limits
for the GGA test (167.5 to 228.5 ppm) and for the seed control test (.6 to 1.0). The laboratory shall amend its Standard
Operating Procedure (SOP) to reflect this requirement, and shall submit to the Department a copy of these revisions to its
SOP.
2. The laboratory shall record all GGA values on the analysis records to the tenths place in order to determine compliance
with the method requirements of 167.5 ppm to 228.5 ppm. The laboratory shall submit to the Department four recent
(since July 2002) analysis records demonstrating that it is now recording all GGA values to the tenth place. The laboratory
shall amend its Standard Operating Procedure (SOP) to reflect this requirement, and shall submit to the Department a copy
of these revisions to its SOP.
3. The laboratory shall henceforth cease the practice of averaging seed correction data that fails to meet the 2:1 rule as
specified in Standard Method 5210B. Only dilutions meeting the 2:1 rule, including GGA standards and seed control
samples, may be averaged. The laboratory shall submit to the Department four recent (since July 2002) analysis records
demonstrating that it is in compliance with this requirement. The laboratory shall amend its Standard Operating
Procedure (SOP) to reflect this requirement, and shall submit to the Department a copy of these revisions to its SOP.
4. The laboratory shall include on its analysis records an explanation for any non-routine notes made by the analyst during
the testing process, including, but not limited to, cases where a sample required aeration, pH adjustment, unusual sample
appearance or unusual sample reactions. The laboratory shall amend its Standard Operating Procedure (SOP) to reflect
this requirement, and shall submit to the Department a copy of these revisions to its SOP.
5. When conducting BOD analysis, the laboratory must adhere to the dechlorination process required under SM 5210B.
The laboratory shall amend the note in its SOP to delete any reference to a procedure calling for the addition of a standard
amount of sodium sulfite to any sample. The laboratory may use the DPD method to check for the presence or absence of
residual chlorine. If residual chlorine is detected in any sample, the laboratory must use the starch indicator method as
prescribed in the Standard Method. The laboratory shall remove all reference to false positive residual chlorine results
from its SOP and revise its SOP for dechlorination of BOD samples to adhere to the requirements of the Standard Method
in all respects. The laboratory shall submit to the Department a copy of these revisions to its SOP.
6. The laboratory shall henceforth use the proper calculation procedure for adjusting colony counts for fecal coliform
analysis. The laboratory may use one plate per DHEC recommendations, or use multiple plates as described in SM 9222D.
Regardless of which procedure is used, the laboratory must correctly adjust colony counts by taking the volume of the
sample filtered into account. The procedure used and calculations made must be clearly identified in analysis records. The
laboratory shall revise its SOP to specify the procedure to be used and the calculations made to adjust its colony counts.
These revisions must include an adjustment as necessary for both typical and atypical colonies. The laboratory shall
submit to the Department four recent (since July 2002) analysis and verification records demonstrating that it is in
compliance with this requirement, and that it is using the appropriate calculations for this analysis. The laboratory shall
submit to the Department a copy of these revisions to its SOP.
7. The laboratory shall revise its verification records to delete any reference calling for a reading of the EC verification
tube after 48 hours of inoculation. The laboratory shall revise its verification records so that the space for each entry is
clearly documented with the appropriate information to be entered, and the data entries must be clearly traceable from the
source of the inoculum to the inoculated tube with the times and dates of inoculation. Should the laboratory desire to
maintain two columns of data entries for the EC medium on its verification records, these columns must clearly indicate
that the tubes were inoculated at different times, what was used to inoculate them, and the time they were read.
AND IT IS SO ORDERED.
s/John D. Geathers
JOHN D. GEATHERS
Administrative Law Judge
February 3, 2003
Columbia, South Carolina |
