{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-1105.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-1105.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-1105.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-1105.html"}],"law_id":57512,"edition_id":1,"section_id":57512,"structure_id":15090,"section_number":"2.2-1105","catch_line":"Environmental laboratory certification program","history":"1997, c. 652, \u00a7 2.1-429.01; 2001, c. 844; 2003, c. 580; 2012, cc. 99, 753.","full_text":"A\n\nThe Division shall by regulation establish a program for the certification of laboratories conducting any tests, analyses, measurements, or monitoring required pursuant to Chapter 13 (&#xA7; 10.1-1300 et seq.) of Title 10.1, the Virginia Waste Management Act (&#xA7; 10.1-1400 et seq.), or the State Water Control Law (&#xA7; 62.1-44.2 et seq.). The program shall include, but need not be limited to, minimum criteria for (i) laboratory procedures, (ii) performance evaluations, (iii) supervisory and personnel requirements, (iv) facilities and equipment, (v) analytical quality control and quality assurance, (vi) certificate issuance and maintenance, (vii) recertification and decertification, and (viii) granting partial and full exemptions from the program based on compliance and performance. The regulations shall be promulgated only after adoption of national accreditation standards by the National Environmental Laboratory Accreditation Conference sponsored by the United States Environmental Protection Agency. The purpose of the program shall be to ensure that laboratories provide accurate and consistent tests, analyses, measurements and monitoring so that the goals and requirements of Chapter 13 of Title 10.1, the Virginia Waste Management Act, and the State Water Control Law may be met.B\n\nOnce the certification program has been established, laboratory certification shall be required before any tests, analyses, measurements or monitoring performed by a laboratory after the effective date of such program may be used for the purposes of Chapter 13 (&#xA7; 10.1-1300 et seq.) of Title 10.1, the Virginia Waste Management Act, and the State Water Control Law.C\n\nThe Division shall by regulation establish a fee system to offset the costs of the certification program. The regulations shall establish fee categories based upon the types of substances for which tests, analyses, measurements or monitoring are performed. The fees shall be used solely for offsetting the costs of the laboratory certification program.D\n\nThe Division shall develop procedures for determining the qualifications of laboratories located in jurisdictions outside of Virginia to conduct tests, analyses, measurements or monitoring for use in Virginia. Laboratories located outside of Virginia that are certified or accredited under a program determined by the Division to be equivalent to the program established under this section shall be deemed to meet the certification requirements.E\n\nIn addition to any other penalty provided by law, laboratories found to be falsifying any data or providing false information to support certification shall be decertified or denied certification.F\n\nAny laboratory subject to this section may petition the Director of the Division for a reasonable variance from the requirements of the regulations promulgated under this section. The Division may grant a reasonable variance if the petitioner demonstrates to the Director&#8217;s satisfaction that (i) the proposed variance will meet the goals and purposes of the provisions of this section or regulation promulgated under this section, and (ii) the variance does not conflict with federal or state law or regulations. Any petition submitted to the Director is subject to the Administrative Process Act (&#xA7; 2.2-4000 et seq.).G\n\nThe provisions of this section shall not apply to laboratories when performing tests, analyses, measurements, or monitoring, using protocols pursuant to &#xA7; 10.1-104.2 to determine soil fertility, animal manure nutrient content, or plant tissue nutrient uptake for the purposes of nutrient management.","order_by":null,"text":{"0":{"id":210724,"text":"The Division shall by regulation establish a program for the certification of laboratories conducting any tests, analyses, measurements, or monitoring required pursuant to Chapter 13 (&#xA7; 10.1-1300 et seq.) of Title 10.1, the Virginia Waste Management Act (&#xA7; 10.1-1400 et seq.), or the State Water Control Law (&#xA7; 62.1-44.2 et seq.). The program shall include, but need not be limited to, minimum criteria for (i) laboratory procedures, (ii) performance evaluations, (iii) supervisory and personnel requirements, (iv) facilities and equipment, (v) analytical quality control and quality assurance, (vi) certificate issuance and maintenance, (vii) recertification and decertification, and (viii) granting partial and full exemptions from the program based on compliance and performance. The regulations shall be promulgated only after adoption of national accreditation standards by the National Environmental Laboratory Accreditation Conference sponsored by the United States Environmental Protection Agency. The purpose of the program shall be to ensure that laboratories provide accurate and consistent tests, analyses, measurements and monitoring so that the goals and requirements of Chapter 13 of Title 10.1, the Virginia Waste Management Act, and the State Water Control Law may be met.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":210725,"text":"Once the certification program has been established, laboratory certification shall be required before any tests, analyses, measurements or monitoring performed by a laboratory after the effective date of such program may be used for the purposes of Chapter 13 (&#xA7; 10.1-1300 et seq.) of Title 10.1, the Virginia Waste Management Act, and the State Water Control Law.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":210726,"text":"The Division shall by regulation establish a fee system to offset the costs of the certification program. The regulations shall establish fee categories based upon the types of substances for which tests, analyses, measurements or monitoring are performed. The fees shall be used solely for offsetting the costs of the laboratory certification program.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":210727,"text":"The Division shall develop procedures for determining the qualifications of laboratories located in jurisdictions outside of Virginia to conduct tests, analyses, measurements or monitoring for use in Virginia. Laboratories located outside of Virginia that are certified or accredited under a program determined by the Division to be equivalent to the program established under this section shall be deemed to meet the certification requirements.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":210728,"text":"In addition to any other penalty provided by law, laboratories found to be falsifying any data or providing false information to support certification shall be decertified or denied certification.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":210729,"text":"Any laboratory subject to this section may petition the Director of the Division for a reasonable variance from the requirements of the regulations promulgated under this section. The Division may grant a reasonable variance if the petitioner demonstrates to the Director&#8217;s satisfaction that (i) the proposed variance will meet the goals and purposes of the provisions of this section or regulation promulgated under this section, and (ii) the variance does not conflict with federal or state law or regulations. Any petition submitted to the Director is subject to the Administrative Process Act (&#xA7; 2.2-4000 et seq.).","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":210730,"text":"The provisions of this section shall not apply to laboratories when performing tests, analyses, measurements, or monitoring, using protocols pursuant to &#xA7; 10.1-104.2 to determine soil fertility, animal manure nutrient content, or plant tissue nutrient uptake for the purposes of nutrient management.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":15090,"edition_id":1,"name":"Division of Consolidated Laboratory Services","identifier":"2","label":"article","depth":5,"order_by":1,"parent_id":13186,"metadata":{},"date_created":"2026-06-26 03:52:05","date_modified":"2026-06-26 03:52:05","permalink":{"id":172477,"object_type":"structure","relational_id":15090,"identifier":"2","token":"2.2\/I\/C\/11\/2","url":"\/2.2\/I\/C\/11\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13186,"edition_id":1,"name":"Department of General Services","identifier":"11","label":"chapter","depth":4,"order_by":1,"parent_id":13092,"metadata":{},"date_created":"2026-06-26 03:44:25","date_modified":"2026-06-26 03:44:25","permalink":{"id":172461,"object_type":"structure","relational_id":13186,"identifier":"11","token":"2.2\/I\/C\/11","url":"\/2.2\/I\/C\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13092,"edition_id":1,"name":"State Agencies Related to the General Operation of Government","identifier":"C","label":"part","depth":3,"order_by":1,"parent_id":12784,"metadata":{},"date_created":"2026-06-26 03:44:16","date_modified":"2026-06-26 03:44:16","permalink":{"id":172453,"object_type":"structure","relational_id":13092,"identifier":"C","token":"2.2\/I\/C","url":"\/2.2\/I\/C\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12784,"edition_id":1,"name":"Organization of State Government","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":171455,"object_type":"structure","relational_id":12784,"identifier":"I","token":"2.2\/I","url":"\/2.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75443,"structure_id":15090,"section_number":"2.2-1103","catch_line":"Division of Consolidated Laboratory Services","url":"\/2.2-1103\/","token":"2.2\/I\/C\/11\/2\/2.2-1103","metadata":false},{"id":59755,"structure_id":15090,"section_number":"2.2-1104","catch_line":"Laboratory, testing, and analytical functions","url":"\/2.2-1104\/","token":"2.2\/I\/C\/11\/2\/2.2-1104","metadata":false},{"id":57512,"structure_id":15090,"section_number":"2.2-1105","catch_line":"Environmental laboratory certification program","url":"\/2.2-1105\/","token":"2.2\/I\/C\/11\/2\/2.2-1105","metadata":false},{"id":69132,"structure_id":15090,"section_number":"2.2-1106","catch_line":"Consolidation of other laboratories","url":"\/2.2-1106\/","token":"2.2\/I\/C\/11\/2\/2.2-1106","metadata":false},{"id":76013,"structure_id":15090,"section_number":"2.2-1107","catch_line":"Disposal of certain hazardous materials","url":"\/2.2-1107\/","token":"2.2\/I\/C\/11\/2\/2.2-1107","metadata":false},{"id":77297,"structure_id":15090,"section_number":"2.2-1108","catch_line":"Disposal of certain other property","url":"\/2.2-1108\/","token":"2.2\/I\/C\/11\/2\/2.2-1108","metadata":false}],"previous_section":{"id":59755,"structure_id":15090,"section_number":"2.2-1104","catch_line":"Laboratory, testing, and analytical functions","url":"\/2.2-1104\/","token":"2.2\/I\/C\/11\/2\/2.2-1104","metadata":false},"next_section":{"id":69132,"structure_id":15090,"section_number":"2.2-1106","catch_line":"Consolidation of other laboratories","url":"\/2.2-1106\/","token":"2.2\/I\/C\/11\/2\/2.2-1106","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-1105\/","history_text":"<p>This law was first created in 1997. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0652\">652<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2001, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0844\">844<\/a>; in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0580\">580<\/a>; in 2012, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0099\">99<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0753\">753<\/a>.<\/p>","references":false,"refers_to":[{"id":64547,"section_number":"10.1-104.2","catch_line":"Voluntary nutrient management training and certification program","order_by":null,"url":"\/10.1-104.2\/"},{"id":77830,"section_number":"10.1-1300","catch_line":"Definitions","order_by":null,"url":"\/10.1-1300\/"},{"id":84539,"section_number":"10.1-1400","catch_line":"Definitions","order_by":null,"url":"\/10.1-1400\/"},{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":54640,"section_number":"62.1-44.2","catch_line":"Short title; purpose","order_by":null,"url":"\/62.1-44.2\/"}],"permalink":{"id":172487,"object_type":"law","relational_id":57512,"identifier":"2.2-1105","token":"2.2\/I\/C\/11\/2\/2.2-1105","url":"\/2.2-1105\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-1105\/","token":"2.2\/I\/C\/11\/2\/2.2-1105","dublin_core":{"Title":"Environmental laboratory certification program","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-1105","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The Division shall by regulation establish a program for the certification of laboratories conducting any tests, analyses, measurements, or monitoring required pursuant to Chapter 13 (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/10.1-1300\/\">10.1-1300<\/a> et seq.) of Title 10.1, the Virginia Waste Management Act (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/10.1-1400\/\">10.1-1400<\/a> et seq.), or the State Water Control <span class=\"dictionary\">Law<\/span> (&#xA7; <a class=\"law\" title=\"Short title; purpose\" href=\"\/62.1-44.2\/\">62.1-44.2<\/a> et seq.). The program shall include, but need not be limited to, minimum criteria for (i) laboratory procedures, (ii) performance evaluations, (iii) supervisory and personnel requirements, (iv) facilities and equipment, (v) analytical quality control and quality assurance, (vi) certificate issuance and maintenance, (vii) recertification and decertification, and (viii) granting partial and full exemptions from the program based on compliance and performance. The regulations shall be promulgated only after adoption of national accreditation standards by the National Environmental Laboratory Accreditation Conference sponsored by the United States Environmental Protection Agency. The purpose of the program shall be to ensure that laboratories provide accurate and consistent tests, analyses, measurements and monitoring so that the goals and requirements of Chapter 13 of Title 10.1, the Virginia Waste Management Act, and the State Water Control <span class=\"dictionary\">Law<\/span> may be met. <a id=\"paragraph-210724\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-1105\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Once the certification program has been established, laboratory certification shall be required before any tests, analyses, measurements or monitoring performed by a laboratory after the effective date of such program may be used for the purposes of Chapter 13 (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/10.1-1300\/\">10.1-1300<\/a> et seq.) of Title 10.1, the Virginia Waste Management Act, and the State Water Control <span class=\"dictionary\">Law<\/span>. <a id=\"paragraph-210725\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-1105\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The Division shall by regulation establish a fee system to offset the costs of the certification program. The regulations shall establish fee categories based upon the types of substances for which tests, analyses, measurements or monitoring are performed. The fees shall be used solely for offsetting the costs of the laboratory certification program. <a id=\"paragraph-210726\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-1105\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The Division shall develop procedures for determining the qualifications of laboratories located in <span class=\"dictionary\">jurisdictions<\/span> outside of Virginia to conduct tests, analyses, measurements or monitoring for use in Virginia. Laboratories located outside of Virginia that are certified or accredited under a program determined by the Division to be equivalent to the program established under this section shall be deemed to meet the certification requirements. <a id=\"paragraph-210727\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-1105\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> In addition to any other <span class=\"dictionary\">penalty<\/span> provided by <span class=\"dictionary\">law<\/span>, laboratories found to be falsifying any data or providing false information to support certification shall be decertified or denied certification. <a id=\"paragraph-210728\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-1105\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> Any laboratory subject to this section may <span class=\"dictionary\">petition<\/span> the Director of the Division for a reasonable variance from the requirements of the regulations promulgated under this section. The Division may grant a reasonable variance if the petitioner demonstrates to the Director&#8217;s satisfaction that (i) the proposed variance will meet the goals and purposes of the provisions of this section or regulation promulgated under this section, and (ii) the variance does not conflict with federal or state <span class=\"dictionary\">law<\/span> or regulations. Any <span class=\"dictionary\">petition<\/span> submitted to the Director is subject to the Administrative Process Act (&#xA7; <a class=\"law\" title=\"Short title; purpose\" href=\"\/2.2-4000\/\">2.2-4000<\/a> et seq.). <a id=\"paragraph-210729\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-1105\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> The provisions of this section shall not apply to laboratories when performing tests, analyses, measurements, or monitoring, using protocols pursuant to &#xA7; <a class=\"law\" title=\"Voluntary nutrient management training and certification program\" href=\"\/10.1-104.2\/\">10.1-104.2<\/a> to determine soil fertility, animal manure nutrient content, or plant tissue nutrient uptake for the purposes of nutrient management. <a id=\"paragraph-210730\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-1105\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM (\u00a7 2.2-1105)\n\nA. The Division shall by regulation establish a program for the certification of\nlaboratories conducting any tests, analyses, measurements, or monitoring\nrequired pursuant to Chapter 13 (&#xA7; 10.1-1300 et seq.) of Title 10.1, the\nVirginia Waste Management Act (&#xA7; 10.1-1400 et seq.), or the State Water\nControl Law (&#xA7; 62.1-44.2 et seq.). The program shall include, but need not\nbe limited to, minimum criteria for (i) laboratory procedures, (ii) performance\nevaluations, (iii) supervisory and personnel requirements, (iv) facilities and\nequipment, (v) analytical quality control and quality assurance, (vi)\ncertificate issuance and maintenance, (vii) recertification and decertification,\nand (viii) granting partial and full exemptions from the program based on\ncompliance and performance. The regulations shall be promulgated only after\nadoption of national accreditation standards by the National Environmental\nLaboratory Accreditation Conference sponsored by the United States Environmental\nProtection Agency. The purpose of the program shall be to ensure that\nlaboratories provide accurate and consistent tests, analyses, measurements and\nmonitoring so that the goals and requirements of Chapter 13 of Title 10.1, the\nVirginia Waste Management Act, and the State Water Control Law may be met.\n\nB. Once the certification program has been established, laboratory certification\nshall be required before any tests, analyses, measurements or monitoring\nperformed by a laboratory after the effective date of such program may be used\nfor the purposes of Chapter 13 (&#xA7; 10.1-1300 et seq.) of Title 10.1, the\nVirginia Waste Management Act, and the State Water Control Law.\n\nC. The Division shall by regulation establish a fee system to offset the costs\nof the certification program. The regulations shall establish fee categories\nbased upon the types of substances for which tests, analyses, measurements or\nmonitoring are performed. The fees shall be used solely for offsetting the costs\nof the laboratory certification program.\n\nD. The Division shall develop procedures for determining the qualifications of\nlaboratories located in jurisdictions outside of Virginia to conduct tests,\nanalyses, measurements or monitoring for use in Virginia. Laboratories located\noutside of Virginia that are certified or accredited under a program determined\nby the Division to be equivalent to the program established under this section\nshall be deemed to meet the certification requirements.\n\nE. In addition to any other penalty provided by law, laboratories found to be\nfalsifying any data or providing false information to support certification\nshall be decertified or denied certification.\n\nF. Any laboratory subject to this section may petition the Director of the\nDivision for a reasonable variance from the requirements of the regulations\npromulgated under this section. The Division may grant a reasonable variance if\nthe petitioner demonstrates to the Director&#8217;s satisfaction that (i) the\nproposed variance will meet the goals and purposes of the provisions of this\nsection or regulation promulgated under this section, and (ii) the variance does\nnot conflict with federal or state law or regulations. Any petition submitted to\nthe Director is subject to the Administrative Process Act (&#xA7; 2.2-4000 et\nseq.).\n\nG. The provisions of this section shall not apply to laboratories when\nperforming tests, analyses, measurements, or monitoring, using protocols\npursuant to &#xA7; 10.1-104.2 to determine soil fertility, animal manure\nnutrient content, or plant tissue nutrient uptake for the purposes of nutrient\nmanagement.\n\nHISTORY: 1997, c. 652, \u00a7 2.1-429.01; 2001, c. 844; 2003, c. 580; 2012, cc. 99,\n753.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}