Chapter 52

COL12010610GCA HEALTH AND SAFETY CH.52WATER ANDWASTE WATER OPERA TOR’S MANDATORY CERTIFICATION ACT 1CHAPTER 52 WATER AND WASTE WATER OPERA TOR’S MANDA TORY CERTIFICA TION 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. C lassification. § 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 W aste W ater Operator ’s Manda tory Certifica tion A ct. SOURCE: GC§ 57230. § 52102. S tatement 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 publi c and private potable water supply systems and public and private

uam, in order to conserve and protect our water resources and to prevent pollution of waters of the Territory , to classify all publi c and private potable water supply systems and public and private waste water facilities and to require examination of operating personnel and certification of their compe tency to supervise the operation of such systems and facilities. SOURCE: GC§ 57231.COL12010610GCA HEALTH AND SAFETY CH.52WATER ANDWASTE WATER OPERA TOR’S MANDATORY CERTIFICATION ACT 2§ 52103. Definitions. (a) Person means any individu al, 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 fa cility . (c) Direct responsible charge shall mean, in smaller facilities where shift operation is not required, active daily on -site charge and perfor mance of operation.

r segment of a system or fa cility . (c) Direct responsible charge shall mean, in smaller facilities where shift operation is not required, active daily on -site charge and perfor mance of operation. In larger facilities where shift operation is required, 'direct responsi ble charge ' shall mean both: -active daily on -site technical direction and supervi sion, 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) W ater treatment plant means that portion of the potable water supply system which in some way al ters the phy sical, chemical or bacte - riological quality of the water being treated. (f) W ater 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) W aste water facility(ies) means the system of pipes, structures, equipment and processes required to collect,

from the water treatment plant or other supply points to the premises of a consumer. (g) W aste 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) W aste w ater 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) W aste water collection system means that portion of the waste water facilities in which wa ste water is received from the premises of the discharger and conveyed to the point of treatment. COL12010610GCA HEALTH AND SAFETY CH.52WATER ANDWASTE WATER OPERA TOR’S MANDATORY CERTIFICATION ACT 3(j) Administrator means the Administrator of the Guam Environmental Protection Agency or his delegated repre sentative. (k) Board of Certification means the Board of Directors of the Guam Environmental Protec tion Agency . (l) Association of Boards of Certification for Operating Personnel in Water and W aste W ater Utilities (ABC) means the existing nationally recognized Advisory Association. SOURCE: GC § 57232. § 52104. Classification .

Boards of Certification for Operating Personnel in Water and W aste W ater Utilities (ABC) means the existing nationally recognized Advisory Association. SOURCE: GC § 57232. § 52104. Classification . The Administrator, as per the standards and guidelines approved by the Board of Certifi cation 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 system s and facilities, and accordin g to the skill, knowledge and experience required of an operator . SOURCE: GC§ 57233. § 52105. Certification. The Administrator, as per the standards and guidelines approved by the Board of Certifi cation shall issue certification entitling qualified pe rsons to supervise the operation of potable water supply systems and waste water facilities. SOURCE: GC§ 57234. § 52106. Board of Certification. The Board of Certifica tion shall develop minimum standards and guidelines for classification of potable wa ter supply

and waste water facilities. SOURCE: GC§ 57234. § 52106. Board of Certification. The Board of Certifica tion shall develop minimum standards and guidelines for classification of potable wa ter supply systems and waste water facilities and for certification of operators, facilitate reciprocity between certification programs, supervise the Administrator in the administration of the certifi cation program and hear the appeals of any person aggr ieved by the decisions of the Admin istrator, regarding certification and classification. SOURCE: GC§ 57235. § 52107. Association of Certification Authori ties. COL12010610GCA HEALTH AND SAFETY CH.52WATER ANDWASTE WATER OPERA TOR’S MANDATORY CERTIFICATION ACT 4The Administrator is authorized when taking action pursuant to §§ 52104, 52105 and 52109 of this Act to consider general ly applicable criteria and guidelines developed by the Associa tion of Boards of Certification for Operating Person nel in W ater and W aste W ater Utilities. SOURCE: GC§ 57236. § 52108. Certification Requirements. All potabl e water supply systems and waste water facilities whether publicly or privately owned, used or intended for use by the public or pri - vate

GC§ 57236. § 52108. Certification Requirements. All potabl e water supply systems and waste water facilities whether publicly or privately owned, used or intended for use by the public or pri - vate persons, must at all times be under the direct supervision of an operator whose compe tency is certified to by the Adm inistrator in a classification corresponding to the classification of the system or facilities to be supervised. SOURCE: GC§ 57237. § 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 follow ing provisions: (a) The basis for classification of potable water supply systems and waste water facilities (including the type and size of les sor sy stems 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 appli cants for operator certification corresponding to each of the classifica tions referred to in Subsec tion (a) of this Section; (c) Procedures for examination of candidates and renewal of Certificates;

ants for operator certification corresponding to each of the classifica tions referred to in Subsec tion (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. § 52110. Prohibited Acts.COL12010610GCA HEALTH AND SAFETY CH.52WATER ANDWASTE WATER OPERA TOR’S MANDATORY CERTIFICATION ACT 5On 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 wa ter 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 opera tor without being duly certified under the provisions of this Act. SOURCE: GC§ 57239. § 52111. Injunc tions and Civil Penalty. Any person who violates or is about to violate any provision of this Act, or any rule, regulation, criterion, procedure or certifi cate issued hereun - der may , in a legal action commenced by the Administrator , with the

s or is about to violate any provision of this Act, or any rule, regulation, criterion, procedure or certifi cate issued hereun - der may , in a legal action commenced by the Administrator , with the approval of the Board of Certifica tion: (a) be enjoined from continuing or com mencing 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. § 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 convic - tion be punished by a fine of not more than One Thou sand Dollars ($1,000) per day of violation or imprisonme nt for not more than six (6) months, or by both. (b) Any person who knowingly makes any false statements, representations or certification in any applica tion, record report, plan or other document filed or re quired to be maintained under this Act, or b y any rule or regulation promulgated under this Act, shall upon convic tion, 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.

e or regulation promulgated under this Act, shall upon convic tion, 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. § 52113. Administration. To carry out the provisions and purposes of this Act, the Admin istrator is authorized and empowered to:COL12010610GCA HEALTH AND SAFETY CH.52WATER ANDWASTE WATER OPERA TOR’S MANDATORY CERTIFICATION ACT 6(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 inter state agencies, municipalities, educational institutions or other organizations or individuals; (c) Receive financial and technical assis tance from the Federal government and other public or private agencies; (d) Participate in related programs of the Fede ral government, other states, interstate agencies or other public or private agencies or

m the Federal government and other public or private agencies; (d) Participate in related programs of the Fede ral government, other states, interstate agencies or other public or private agencies or organizations; (e) Upon request, furnish Federal, territorial or interstate agencies, municipali ties, educational institu tions and other organ izations and individua ls, reports, information and materials relating to the certification program authorized by this Act; (f) Establish adequate fiscal controls and account ing procedures to assure proper disbursement of and accounting for funds appropriated or otherwise provi ded for the purpose of carrying out the provisions of this Act; (g) The Administrator may delegate those duties and responsibilitie s as deemed appro priate for the purpose of administering re quirements 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. § 52114. Reciprocity. (a) On or after the effective date of this Act, certification of opera tors byanyState which, as determined by the Administrator , accepts

upport of this Act. SOURCE: GC§ 57242. § 52114. Reciprocity. (a) On or after the effective date of this Act, certification of opera tors byanyState which, as determined by the Administrator , accepts certification made or certification requirement, deemed satisfied pur suant to the provisions of this Act, shall be accorded reciprocal treatment and shall be recog nized as valid and sufficient wit hin the purview of this Act, if in the judgment of the Adminis trator the certification requirements of such state COL12010610GCA HEALTH AND SAFETY CH.52WATER ANDWASTE WATER OPERA TOR’S MANDATORY CERTIFICATION ACT 7are substantially equivalent to the require ments of this Act or any rules and regulations promulgated hereunder . (b) In making determinati ons pursuant to Subsection (a) of this Section, the Administrator shall consult with the Board of Certification and mayconsider any generally applicable criteria and guidelines developed by the Associa tion of Boards of Certification for Operating Personn el in W ater and W aste W ater Utilities. SOURCE: GC§ 57243. § 52115. Repealer . The provisions of this Act are intended to supersede existing laws of this Territory insofar as they relate

ng Personn el in W ater and W aste W ater Utilities. SOURCE: GC§ 57243. § 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. § 52116. S everability . 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. § 52117. T ransitional 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 per forming on such effective date; provided the certification is valid for two (2) years from the effective date of this Act; provided, tha t no certification requirements pursuant to § 52108 shall be required for a period of two (2) years following the effective date of this Act.

years from the effective date of this Act; provided, tha t 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. ----------COL120106