Lifetime Citizen Portal Access — AI Briefings, Alerts & Unlimited Follows
Small‑lab applicant urges State Water Board review of ELAP delays after months‑long pause
Loading...
Summary
An attorney for Analytical Environmental Labs told the State Water Resources Control Board at public forum that ELAP has not acted on the lab's application for initial accreditation for more than four months and asked the board to investigate delays and consider regulatory fixes, including refundability of fees and a petition option for inaction.
At the State Water Resources Control Board public forum, an attorney for a small laboratory asked the board to investigate delays in the Environmental Laboratory Accreditation Program (ELAP) and to consider regulatory changes after an applicant said it had waited months without action.
"It's been over 4 months since AEL submitted its application. ELAP has neither approved the application nor denied the application. It has simply done nothing at all," attorney J.C. Dean said on behalf of Analytical Environmental Labs LLC (AEL). Dean told the board AEL paid approximately $15,000 in nonrefundable application fees and, after completing baseline requirements in January, was unable to operate while ELAP took no action.
Dean asked the board to investigate ELAP processing delays, to require reasonable response timelines for applications, to allow parties to petition the board not only for denials but also for failures to act, and to consider reforming fees so that payment is due only after accreditation is granted or is refundable if a permit is denied.
Board Chair Joaquin Esquivel and staff thanked Dean for raising the issue; Esquivel said the board maintains regular check‑ins with ELAP and would follow up with the program. No board action was taken at the meeting; Dean's remarks were part of the public forum portion of the agenda.
Background in the comments: Dean contrasted ELAP’s lack of statutory timelines and internal challenge procedures with other programs that allow petition and that resolve disputes within mandatory timelines. He called ELAP’s current fee timing and nonrefundable policy a “due process problem” for small businesses that lack capital while they wait for accreditation decisions and asked staff to consider reform during the board’s periodic fee discussions.
Next steps: Board staff said they would pass the comments to ELAP and noted ongoing fee discussions; the commenter requested the board explore both an inquiry into processing delays and possible regulatory changes to provide more timely remedies for applicants.
