The Water and Waste Water Operator's Mandatory Certification Act was enacted in its current form by Public Law 14-31. It establishes a policy of mandatory certification for operators of drinking water and waste water treatment facilities.

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CHAPTER 52 

Water and Waste Water Operator's Mandatory Certification Act

	NOTE: This Chapter is derived from Chapter X of Title LXI of 

	   the Government Code, added by P.L. 14-31.



§52101.	Title.

§52102.	Statement of Policy.

§52103.	Definitions.

§52104.	Classification.

§52105.	Certification.

§52106.	Board of Certification.

§52107.	Association of Certification Authorities.

§52108.	Certification Requirements.

§52109.	Regulations.

§52110.	Prohibited Acts.

§52111.	Injunctions and Civil Penalty.

§52112.	Criminal Penalties.

§52113.	Administration.

§52114.	Reciprocity.

§52115.	Repealer.

§52116.	Severability.

§52117.	Transitional Provision.





	§52101. Title. This Chapter shall be known as the Water and 

Waste Water Operator's Mandatory Certification Act.



	SOURCE: GC §57230.			Top of the page. 



	§52102. Statement of Policy. It is hereby declared to be the 

public policy of the territory of Guam, in order to conserve and 

protect our water resources and to prevent pollution of waters of the 

Territory, to classify all public and private potable water supply 

systems and public and private waste water facilities and to require 

examination of operating personnel and certification of their 

competency to supervise the operation of such systems and facilities. 



	SOURCE: GC §57231.			Top of the page.



	§52103. Definitions. (a) Person means any individual, 

partnership, firm, association, joint venture, public or private 

corporation, trust, estate, commission, board, public or private 

institution, utility, cooperative, municipality or any other political 

subdivision of this Territory, any interstate body or any other legal 

entity. 



 	(b) Operator means the person in direct responsible charge of 

the operation of a potable water supply system or waste water 

facility, or a major segment of a system or facility. 



 	(c) Direct responsible charge shall mean, in smaller

 facilities where shift operation is not required, active daily on-

site charge and performance of operation. In larger facilities where 

shift operation is required, "direct responsible charge" shall mean 

both:



	-	active daily on-site technical direction and 

	supervision; and



	-	active daily on-site charge of an operating shift or a 

	major segment of a system or facility.



 	(d) Potable water supply system means the system of pipes, 

structures and facilities through which water is obtained, treated and 

sold, distributed or otherwise offered to the public for household use 

or any use by humans. 



 	(e) Water treatment plant means that portion of the potable 

water supply system which in some way alters the physical, chemical or 

bacteriological quality of the water being treated. 



 	(f) Water distribution system means that portion of the 

potable water supply system in which water is stored and conveyed from 

the water treatment plant or other supply points to the premises of a 

consumer. 



	(g) Waste water facility(ies) means the system of pipes, 

structures, equipment and processes required to collect, carry away 

and treat domestic and/or industrial waste water and dispose of the 

effluent. 



 	(h) Waste water treatment plant means that portion of the 

waste water facility used in the treatment of domestic and/or 

industrial waste water, including solids handling.



 	(i) Waste water collection system means that portion of the 

waste water facilities in which waste water is received from the 

premises of the discharger and conveyed to the point of treatment. 



 	(j) Administrator means the Administrator of the Guam 

Environmental Protection Agency or his delegated representative. 



 	(k) Board of Certification means the Board of Directors of the 

Guam Environmental Protection Agency. 



 	(l) Association of Boards of Certification for Operating 

Personnel in Water and Waste Water Utilities (ABC) means the existing 

nationally recognized Advisory Association. 



	SOURCE: GC §57232.			Top of the page.



	§52104. Classification. The Administrator, as per the 

standards and guidelines approved by the Board of Certification shall 

classify all potable water systems used or intended for use by the 

public or private individuals and all waste water facilities whether

public or private. The classification shall be made taking due regard 

to size and type of system or facility, character of water or waste 

water to be treated and other physical conditions affecting such 

systems and facilities, and according to the skill, knowledge and 

experience required of an operator. 



	SOURCE: GC §57233.			Top of the page.



	§52105. Certification. The Administrator, as per the standards 

and guidelines approved by the Board of Certification shall issue 

certification entitling qualified persons to supervise the operation 

of potable water supply systems and waste water facilities. 



	SOURCE: GC §57234.			Top of the page.



	§52106. Board of Certification. The Board of Certification 

shall develop minimum standards and guidelines for classification of 

potable water supply systems and waste water facilities and for 

certification of operators, facilitate reciprocity between 

certification programs, supervise the Administrator in the 

administration of the certification program and hear the appeals of 

any person aggrieved by the decisions of the Administrator, regarding 

certification and classification. 



	SOURCE: GC §57235.			Top of the page.



	§52107. Association of Certification Authorities. The 

Administrator is authorized when taking action pursuant to §§52104, 

52105 and 52109 of this Act to consider generally applicable criteria 

and guidelines developed by the Association of Boards of Certification 

for Operating Personnel in Water and Waste Water Utilities. 



	SOURCE: GC §57236.			Top of the page.



	§52108. Certification Requirements. All potable water supply 

systems and waste water facilities whether publicly or privately 

owned, used or intended for use by the public or private persons, must 

at all times be under the direct supervision of an operator whose 

competency is certified to by the Administrator in a classification 

corresponding to the classification of the system or facilities to be 

supervised.



	SOURCE: GC §57237.			Top of the page.



	§52109. Regulations. The Administrator, with the approval of 

the Board of Certification, shall promulgate such rules and 

regulations as may be necessary for the administration of this Act, 

and which shall include at least the following provisions:



	(a) The basis for classification of potable water supply 

systems and waste water facilities (including the type and size of 

lessor systems and facilities, if any, to which the provisions of the 

Act shall not apply) as required by §52104 of this Act;



	(b) Criteria for the qualification of applicants for operator 

certification corresponding to each of the classifications referred to 

in Subsection (a) of this Section;



	(c) Procedures for examination of candidates and renewal of 

Certificates;



	(d) Procedures for the revocation of certificates;



	(e) Determination as to which additional personnel shall be 

certified where certification is required for more than the operator 

in direct responsible charge.



	SOURCE: GC §57238.			Top of the page.



	§52110. Prohibited Acts. On or after two (2) years following 

the effective date of this Act, it shall be unlawful:



	(a) For any potable water supply system or waste water 

facility to be operated unless the operator is duly certified under 

the provisions of this Act;



	(b) For any person to perform the duties of an operator 

without being duly certified under the provisions of this Act. 



	SOURCE: GC §57239.			Top of the page.



	§52111. Injunctions and Civil Penalty. Any person who violates 

or is about to violate any provision of this Act, or any rule, 

regulation, criterion, procedure or certificate issued hereunder may, 

in a legal action commenced by the Administrator, with the approval of 

the Board of Certification:



		(a) be enjoined from continuing or commencing such 

	violation; and



		(b) be subject to a civil penalty not to exceed One 

	Thousand Dollars ($1,000) per day of continuing violation.



	SOURCE: GC §57240.			Top of the page.



	§52112. Criminal Penalties. (a) Except as provided in 

Subsection (b) of this Section, any person who knowingly and willfully 

violates §52110 of this Act shall upon conviction be punished by a 

fine of not more than One Thousand Dollars ($1,000) per day of 

violation or imprisonment for not more than six (6) months, or by 

both.



 	(b) Any person who knowingly makes any false statements, 

representations or certification in any application, record report, 

plan or other document filed or required to be maintained under this 

Act, or by any rule or regulation promulgated under this Act, shall 

upon conviction, be punished by a fine of not more than Five Hundred 

Dollars ($500) or by imprisonment for not more than six (6) months, or 

by both. 



	SOURCE: GC §57241.			Top of the page.



	§52113. Administration. To carry out the provisions and 

purposes of this Act, the Administrator is authorized and empowered 

to:

		(a) Perform any and all acts and adopt, revise, 

	promulgate and rescind such rules and regulations as he may 

	find necessary or appropriate, with the consent of the Board 

	of Certification and in conformance with the Administrative 

	Adjudication Act;



		(b) Enter into agreements, contracts or cooperative 

	arrangements, under such terms and conditions as he deems 

	appropriate with other States, Federal or interstate agencies, 

	municipalities, educational institutions or other 

	organizations or individuals;



		(c) Receive financial and technical assistance from 

	the Federal government and other public or private agencies;



		(d) Participate in related programs of the Federal 

	government, other states, interstate agencies or other public 

	or private agencies or organizations;



		(e) Upon request, furnish Federal, territorial or 

	interstate agencies, municipalities, educational institutions 

	and other organizations and individuals, reports, information 

	and materials relating to the certification program authorized 

	by this Act;



		(f) Establish adequate fiscal controls and accounting 

	procedures to assure proper disbursement of and accounting for 

	funds appropriated or otherwise provided for the purpose of 

	carrying out the provisions of this Act;



		(g) The Administrator may delegate those duties and 

	responsibilities as deemed appropriate for the purpose of 

	administering requirements of this Act;



		(h) The Administrator may establish and collect such 

	fees for conducting examinations and issuing or renewing 

	certificates as are necessary for the support of this Act.



	SOURCE: GC §57242.			Top of the page.



	§52114. Reciprocity. (a) On or after the effective date of 

this Act, certification of operators by any State which, as determined 

by the Administrator, accepts certification made or certification 

requirement, deemed satisfied pursuant to the provisions of this Act, 

shall be accorded reciprocal treatment and shall be recognized as 

valid and sufficient within the purview of this Act, if in the 

judgment of the Administrator the certification requirements of such 

state are substantially equivalent to the requirements of this Act or 

any rules and regulations promulgated hereunder.



 	(b) In making determinations pursuant to Subsection (a) of 

this Section, the Administrator shall consult with the Board of 

Certification and may consider any generally applicable criteria and 

guidelines developed by the Association of Boards of Certification for 

Operating Personnel in Water and Waste Water Utilities.



	SOURCE: GC §57243.			Top of the page.



	§52115. Repealer. The provisions of this Act are intended to 

supersede existing laws of this Territory insofar as they relate to 

the matters included in this Act. 



	SOURCE: GC §57244.			Top of the page.



	§52116. Severability. The provisions of this Act are severable. 

If any provisions of this Act or the application thereof to any person 

or circumstance is held invalid, the invalidity shall not effect other 

provisions or applications of this Act which can be given effect 

without regard to the invalid provision or application.



	SOURCE: GC §57245.			Top of the page.



	§52117. Transitional Provision. On the effective date of this 

Act, all employees engaged in the operation of public and private 

water and waste water facilities shall be certified by the 

Administrator to perform the level of plant operations, as established 

by this Act, that they are performing on such effective date; provided 

the certification is valid for two (2) years from the effective date 

of this Act; provided, that no certification requirements pursuant to 

§52108 shall be required for a period of two (2) years following the 

effective date of this Act.



	SOURCE: Section 2, P.L. 14-31.			Top of the page.