Sec. 55-3.1. Definitions

(a) Adjusted volume shall mean the number of tests performed annually on New York State samples for each analyte determined and for which approval is requested, multiplied by the difficulty factor listed in section 55-3.9 of this Subpart.

(b) Analytes shall mean the total number of analytes per category for which an environmental laboratory is approved.

(c) Approval fee shall mean the annual fee charged to an environmental laboratory calculated pursuant to section 55-3.7 of this Subpart.

(d) Approval year shall mean the State fiscal year (April 1st to March 31st).

(e) For purposes of this program:

(1) Environmental testing is defined as laboratory examination of samples of drinking water, wastewater, recreational waters, natural surface water, swimming pools, air, solid waste, hazardous waste, soil or sediment or other matrices to determine the biological, chemical, physical, or radiological qualities, for the purpose of public or personal health protection or protection of the environment and natural resources.

(2) Not included in the definition of testing for purposes of fee computation are quality control testing, proficiency testing, process control testing, testing on samples taken outside New York State and testing for research and development of new methods. Process control testing includes testing for quality control purposes during a manufacturing process or testing of an affluent of waste treatment, in which tests on an alalyte are performed in addition to those required to ensure compliance with a relevant discharge requirement. Research and development testing includes tests performed in order to develop alternate testing methods for approval by the department. Process control testing and research and development testing are generally characterized by:

(i) no reporting of the analytical result to a client or outside the facility;

(ii) no charge assessment; and

(iii) no advertisement or promotion of the analysis as a service.

(3) All other tests performed in categories, subcategories or analytes for which the laboratory is approved, regardless of the purpose of the testing not otherwise excluded, must be reported for fee computation purposes.

(f) A governmental laboratory is defined as any laboratory operated by the Federal Government, a State agency, or an authority, county, city, town, village, water district, sewer district or other political subdivision of the State.