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U.S. Code as of:
01/19/04
Section 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.
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