
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300g-8]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
             SUBCHAPTER XII--SAFETY OF PUBLIC WATER SYSTEMS
 
                      Part B--Public Water Systems
 
Sec. 300g-8. Operator certification


(a) Guidelines

    Not later than 30 months after August 6, 1996, and in cooperation 
with the States, the Administrator shall publish guidelines in the 
Federal Register, after notice and opportunity for comment from 
interested persons, including States and public water systems, 
specifying minimum standards for certification (and recertification) of 
the operators of community and nontransient noncommunity public water 
systems. Such guidelines shall take into account existing State 
programs, the complexity of the system, and other factors aimed at 
providing an effective program at reasonable cost to States and public 
water systems, taking into account the size of the system.

(b) State programs

    Beginning 2 years after the date on which the Administrator 
publishes guidelines under subsection (a) of this section, the 
Administrator shall withhold 20 percent of the funds a State is 
otherwise entitled to receive under section 300j-12 of this title unless 
the State has adopted and is implementing a program for the 
certification of operators of community and nontransient noncommunity 
public water systems that meets the requirements of the guidelines 
published pursuant to subsection (a) of this section or that has been 
submitted in compliance with subsection (c) of this section and that has 
not been disapproved.

(c) Existing programs

    For any State exercising primary enforcement responsibility for 
public water systems or any other State which has an operator 
certification program, the guidelines under subsection (a) of this 
section shall allow the State to enforce such program in lieu of the 
guidelines under subsection (a) of this section if the State submits the 
program to the Administrator within 18 months after the publication of 
the guidelines unless the Administrator determines (within 9 months 
after the State submits the program to the Administrator) that such 
program is not substantially equivalent to such guidelines. In making 
this determination, an existing State program shall be presumed to be 
substantially equivalent to the guidelines, notwithstanding program 
differences, based on the size of systems or the quality of source 
water, providing the State program meets the overall public health 
objectives of the guidelines. If disapproved, the program may be 
resubmitted within 6 months after receipt of notice of disapproval.

(d) Expense reimbursement

                           (1) In general

        The Administrator shall provide reimbursement for the costs of 
    training, including an appropriate per diem for unsalaried 
    operators, and certification for persons operating systems serving 
    3,300 persons or fewer that are required to undergo training 
    pursuant to this section.

                          (2) State grants

        The reimbursement shall be provided through grants to States 
    with each State receiving an amount sufficient to cover the 
    reasonable costs for training all such operators in the State, as 
    determined by the Administrator, to the extent required by this 
    section. Grants received by a State pursuant to this paragraph shall 
    first be used to provide reimbursement for training and 
    certification costs of persons operating systems serving 3,300 
    persons or fewer. If a State has reimbursed all such costs, the 
    State may, after notice to the Administrator, use any remaining 
    funds from the grant for any of the other purposes authorized for 
    grants under section 300j-12 of this title.

                          (3) Authorization

        There are authorized to be appropriated to the Administrator to 
    provide grants for reimbursement under this section $30,000,000 for 
    each of fiscal years 1997 through 2003.

                           (4) Reservation

        If the appropriation made pursuant to paragraph (3) for any 
    fiscal year is not sufficient to satisfy the requirements of 
    paragraph (1), the Administrator shall, prior to any other 
    allocation or reservation, reserve such sums as necessary from the 
    funds appropriated pursuant to section 300j-12(m) of this title to 
    provide reimbursement for the training and certification costs 
    mandated by this subsection.

(July 1, 1944, ch. 373, title XIV, Sec. 1419, as added Pub. L. 104-182, 
title I, Sec. 123, Aug. 6, 1996, 110 Stat. 1652.)

                  Section Referred to in Other Sections

    This section is referred to in section 300j-12 of this title.
