§ 86.269. Basic qualifications for consultants and laboratories.
(a) To be designated as a qualified consultant or qualified laboratory, the consultant or laboratory shall demonstrate that it:
(1) Is staffed with experienced, professional personnel in the fields of hydrology, mining engineering, aquatic biology, geology and chemistry applicable to the work to be performed as either a consulting firm, analytical water laboratory or analytical overburden laboratory.
(2) Is capable of collecting necessary field data and samples.
(3) Has adequate space for stationary equipment, material preparation, cleaning and sterilization of necessary equipment, and storage and space to accommodate periods of peak workloads.
(4) Meets the requirements of the Occupational Safety and Health Act of 1970 (29 U.S.C.A. § § 651—678).
(5) Has the financial capability and business organization necessary to perform the work required.
(6) Has analytical and monitoring equipment capable of meeting the applicable standards and methods contained in:
(i) The current edition of Standard Methods of the Examination of Water and Waste Water, prepared and published jointly by the American Public Health Association, American Water Works Association and Water Pollution Control Federation. (American Public Health Association, 1015 Fifteenth Street, N.W., Washington, DC 20005).
(ii) The current edition of the Environmental Protection Agency (EPA) Methods for Chemical Analysis of Water and Wastes, as amended. The standards contained therein are incorporated by reference.
(iii) The EPA standards as described in 40 CFR Part 136 (relating to guidelines establishing test procedures for the analysis of pollutants).
(iv) The Department’s Overburden Sampling and Testing Manual.
(7) Has the capability of making hydrologic field measurements and analytical laboratory determinations by acceptable hydrologic, engineering or analytical methods or by those appropriate methods or guidelines for data acquisition recommended by the Department.
(b) The qualified consultant shall be capable of performing the services under § 86.261 (relating to program services). Subcontractors may be used to provide the services required if the subcontractor is identified by the qualified consultant and approved by the Department.
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