reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 102 - EROSION AND SEDIMENT CONTROL › RESPONSIBILITIES OF LOCAL GOVERNING BODIES › Section 102.41 - Administration by conservation districts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department may delegate by written
						agreement the administration and enforcement of this chapter to conservation
						districts if they have adequate and qualified staff, and are, or will be,
						implementing the program identified in the delegation agreement.
(b) An acceptable program shall have the
						concurrence and approval of the governing body of the county in which the
						conservation district operates.
(c)
						The Department will retain program administration and enforcement over projects
						which cross the political boundaries of conservation districts unless otherwise
						authorized by the Department.
The provisions of this §
														102.41 amended under sections 5
							 and 402 of The Clean Streams Law (35 P. S. §§
															691.5 and
							 691.402); sections 1917-A and
							 1920-A of The Administrative Code of 1929 (71 P. S. §§
															510-17 and
							 510-20); and section 11(2) of
							 the Conservation District Law (3 P. S. §
															859(2)).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 102 - EROSION AND SEDIMENT CONTROL › RESPONSIBILITIES OF LOCAL GOVERNING BODIES › Section 102.42 - Notification of application for permits

Current through Register Vol. 54, No. 28, July 13, 2024
A municipality or county which issues building or other
						  permits shall notify the Department or conservation district within 5 days of
						  receipt of an application for a permit involving an earth disturbance activity
						  consisting of 1 acre (0.4 hectare) or more.
The provisions of this §
														102.42 amended under sections 5
							 and 402 of The Clean Streams Law (35 P. S. §§
															691.5 and
							 691.402); sections 1917-A and
							 1920-A of The Administrative Code of 1929 (71 P. S. §§
															510-17 and
							 510-20); and section 11(2) of
							 the Conservation District Law (3 P. S. §
															859(2)).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 102 - EROSION AND SEDIMENT CONTROL › RESPONSIBILITIES OF LOCAL GOVERNING BODIES › Section 102.43 - Withholding permits

Current through Register Vol. 54, No. 28, July 13, 2024
With the exception of local stormwater approvals or
						  authorizations, a municipality or county may not issue a building or other
						  permit or approval to those proposing or conducting earth disturbance
						  activities requiring a Department permit until the Department or a conservation
						  district has issued the E&S or individual NPDES Permit, or approved
						  coverage under the general NPDES Permit for Stormwater Discharges Associated
						  With Construction Activities under §
												102.5 (relating to permit
						  requirements).
The provisions of this §
														102.43 amended under sections 5
							 and 402 of The Clean Streams Law (35 P. S. §§
															691.5 and
							 691.402); sections 1917-A and
							 1920-A of The Administrative Code of 1929 (71 P. S. §§
															510-17 and
							 510-20); and section 11(2) of
							 the Conservation District Law (3 P. S. §
															859(2)).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter A - CLEAN WATER STATE REVOLVING FUND PROJECTS PRIORITY LIST RATINGS › CLEAN WATER STATE REVOLVING FUND › Section 103.2 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter A - CLEAN WATER STATE REVOLVING FUND PROJECTS PRIORITY LIST RATINGS › CLEAN WATER STATE REVOLVING FUND › Section 103.3 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter A - CLEAN WATER STATE REVOLVING FUND PROJECTS PRIORITY LIST RATINGS › CLEAN WATER STATE REVOLVING FUND › Section 103.4 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter A - CLEAN WATER STATE REVOLVING FUND PROJECTS PRIORITY LIST RATINGS › CLEAN WATER STATE REVOLVING FUND › Section 103.5 - Preparation of project priority lists

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The project priority ratings developed
						  under this subchapter are water quality based assessments of sewage treatment
						  needs. This priority rating system is mandated by section 216 of the Federal
						  Act (33 U.S.C.A. §
														1296) and has been approved by the EPA for
						  ranking projects for the CWSRF project priority list and intended use plan. To
						  be funded under the CWSRF, a project first shall appear on a project priority
						  list and then an intended use plan list.
(b) The Department prepares project priority
						  lists and assists PENNVEST with preparation of intended use plan lists required
						  by Title VI of the Federal Act (33 U.S.C.A. §§
														1381-1387). These lists are prepared in
						  conformance with 40 CFR Part 35 , Subpart K (relating to State Water Pollution
						  Control Revolving Fund) and submitted in support of annual CWSRF capitalization
						  grant applications to the EPA.
(c)
						  Once the Commonwealth receives its capitalization grant award, applications for
						  funding are evaluated under the Pennsylvania Infrastructure Investment
						  Authority Act (35 P. S. §§
														751.1-751.20) and the regulations thereunder
						  in Part VII (relating to Pennsylvania Infrastructure Investment Authority,)
						  including the wastewater evaluation criteria in §
													963.8 (relating to wastewater
						  project evaluation criteria). The water pollution control rating factors
						  described in §
													103.8 (relating to water pollution
						  control) will be used by the Department in evaluating for PENNVEST the public
						  health and safety and environmental impact criteria in the PENNVEST project
						  evaluation process.
The provisions of this §
															103.5 amended under The Clean
								Streams Law (35 P. S. §§
																691.1-691.1001); section 16(2) of the Land
								and Water Conservation and Reclamation Act (32 P. S. §
																5116(2)); and section 1920-A
								of The Administrative Code of 1929 (71 P. S. §
																510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter A - CLEAN WATER STATE REVOLVING FUND PROJECTS PRIORITY LIST RATINGS › CLEAN WATER STATE REVOLVING FUND › Section 103.6 - Priority rating factors

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Priority
						  among eligible projects for the purpose of creating the project priority list
						  shall be established according to the accumulation of points for each of the
						  following rating factors weighted as shown:
(1) Water Pollution Control-80%
(2) Stream Segment Priority-10%
(3) Population Affected-10%
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter A - CLEAN WATER STATE REVOLVING FUND PROJECTS PRIORITY LIST RATINGS › CLEAN WATER STATE REVOLVING FUND › Section 103.7 - Stream segment priority

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Priority points attributable to this factor will be assigned in accordance with
						  the following:
(1)
Category
						  I.
Water quality segments which have existing sewage discharges from
						  sewerage systems, including treatment plants, and are experiencing rates of
						  growth at or above the Statewide average in the segment's drainage area;
						  excluded from this category are streams affected by mine drainage which are not
						  scheduled for acid mine drainage reclamation projects-10 points.
(2)
Category II.
Water
						  quality segments with drainage areas that have rates of growth below the
						  Statewide average or segments identified as "special protection" streams-7
						  points.
(3)
Category
						  III.
Effluent limitation segments-4 points.
(4)
Category IV.
Water
						  quality segments that are affected by acid mine drainage from abandoned coal
						  mines-1 point.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter A - CLEAN WATER STATE REVOLVING FUND PROJECTS PRIORITY LIST RATINGS › CLEAN WATER STATE REVOLVING FUND › Section 103.9 - Population affected

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Priority points attributable to this factor shall be assigned as follows:
Project Equivalent
Population
Priority Points
1-3,500
6
3,501-5,000
7
5,001-10,000
8
10,001-50,000
9
greater than 50,000
10
(b) Project Equivalent Population shall be
						  the initial population equivalent to be served by the project at the time that
						  the project is rated.
This section cited in 25 Pa. Code §
															103.11 (relating to small
								municipality projects).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter A - CLEAN WATER STATE REVOLVING FUND PROJECTS PRIORITY LIST RATINGS › CLEAN WATER STATE REVOLVING FUND › Section 103.10 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter A - CLEAN WATER STATE REVOLVING FUND PROJECTS PRIORITY LIST RATINGS › CLEAN WATER STATE REVOLVING FUND › Section 103.11 - Small municipality projects

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All small municipality projects shall be
						  rated in accordance with the rating system described in §§
													103.6-103.9 except that nine points
						  shall be assigned under the population affected factor.
(b) Where a project will serve more than one
						  municipality, it shall qualify as a small municipality project if each
						  municipality involved conforms to the definition of a small municipality as set
						  forth in §
													103.1 (relating to
						  definitions).
The provisions of this §
															103.11 amended under The Clean
								Streams Law (35 P. S. §§
																691.1-691.1001); section 16(2) of the Land
								and Water Conservation and Reclamation Act (32 P. S. §
																5116(2)); and section 1920-A
								of The Administrative Code of 1929 (71 P. S. §
																510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter A - CLEAN WATER STATE REVOLVING FUND PROJECTS PRIORITY LIST RATINGS › CLEAN WATER STATE REVOLVING FUND › Section 103.12 - Other considerations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
						  two or more projects receive the same number of total rating points, the
						  relative rank of the projects on the project priority list will be based on
						  points awarded under the water pollution control factor, the higher rank being
						  assigned to that project with the higher water pollution control points. If,
						  after this test, the projects remain tied, the factors of stream segment
						  priority and then population affected shall be used to break ties.
(b) In the case of a regional project when
						  the Department determines each portion of the regional project is essential to
						  the integrity of the project, the Department will rank all portions of the
						  project together as a single project and assign the same number of rating
						  points to all portions of the regional project on the project priority
						  list.
(c) Based on the findings and
						  conclusions of the sewage facilities plan, the Department will consider the
						  need to rerate projects for the purpose of ranking projects on the project
						  priority list if the findings and conclusions of the sewage facilities plan
						  significantly alter the definition of wastewater treatment need or the scope of
						  the project.
The provisions of this §
															103.12 amended under The Clean
								Streams Law (35 P. S. §§
																691.1-691.1001); section 16(2) of the Land
								and Water Conservation and Reclamation Act (32 P. S. §
																5116(2)); and section 1920-A
								of The Administrative Code of 1929 (71 P. S. §
																510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter A - CLEAN WATER STATE REVOLVING FUND PROJECTS PRIORITY LIST RATINGS › CLEAN WATER STATE REVOLVING FUND › Section 103.13 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter A - CLEAN WATER STATE REVOLVING FUND PROJECTS PRIORITY LIST RATINGS › CLEAN WATER STATE REVOLVING FUND › Section 103.14 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter A - CLEAN WATER STATE REVOLVING FUND PROJECTS PRIORITY LIST RATINGS › CLEAN WATER STATE REVOLVING FUND › Section 103.15 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter B - STATE GRANTS FOR OPERATION OF SEWAGE TREATMENT PLANTS › GENERAL › Section 103.22 - Date of eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Sewage
						  treatment works and necessary appurtenances constructed by municipalities and
						  municipality authorities on or after September 1, 1937, are eligible to receive
						  State payment. Works completed and placed in operation prior to September 1,
						  1937, are not eligible.
(b) The
						  construction of sewage treatment works means works which have been completed
						  and facilities placed in operation on or after September 1, 1937, up to and
						  including December 31 of the year preceding the year for which payment is to be
						  made.
The provisions of this §
															103.22 amended under the act of
								August 20, 1953 (P. L. 1217, No. 339) (35 P. S. §§
																701-703); The Clean Streams Law
								(35
								P. S. §§
																691.1-691.1001); and
								section 1920-A of The Administrative Code of 1929 (71 P. S. §
																510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter B - STATE GRANTS FOR OPERATION OF SEWAGE TREATMENT PLANTS › GENERAL › Section 103.23 - Date of filing application

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  required application and supporting documentation shall be filed with the
						  Department prior to February 1 annually. No application received by the
						  Department or postmarked later than January 31 will be accepted for processing
						  by the Department. If January 31 falls on a Saturday, Sunday or State or
						  Federal holiday, the deadline will be the next business day.
(b) Applications shall be submitted on forms
						  supplied by the Department.
The provisions of this §
															103.23 amended under the act of
								August 20, 1953 (P. L. 1217, No. 339) (35 P. S. §§
																701-703); The Clean Streams Law
								(35
								P. S. §§
																691.1-691.1001); and
								section 1920-A of The Administrative Code of 1929 (71 P. S. §
																510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter B - STATE GRANTS FOR OPERATION OF SEWAGE TREATMENT PLANTS › GENERAL › Section 103.24a - Basis for calculation of payment

Current through Register Vol. 54, No. 28, July 13, 2024
Although the act provides that payments made to
							 applicant municipalities shall be toward the cost of operating, maintaining,
							 repairing, replacing and other expenses related to sewage treatment works, the
							 basis for calculation of those payments is 2% of the cost of acquisition and
							 construction of the eligible sewage treatment works.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter B - STATE GRANTS FOR OPERATION OF SEWAGE TREATMENT PLANTS › GENERAL › Section 103.25 - Eligibility for payment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Payments
						  are to be made only to municipalities, public school districts, and
						  municipality authorities.
(b) The
						  act clearly indicates an intent on the part of the Legislature to have the
						  Commonwealth share in the costs of the Clean Streams Program. Accordingly, the
						  act shall be interpreted to permit payments to municipalities, public school
						  districts, and municipality authorities based on construction which has
						  furthered the Clean Streams Program as long as the construction has been
						  approved by the Department as being in accordance with The Clean Streams Law
						  (35
						  P. S. §§
														691.1-691.1001).
(c) The sewage treatment works shall have
						  been constructed and the facilities placed in operation on or before December
						  31 of the year for which payment is requested.
(d) Interceptors which are considered
						  integral portions of the sewage treatment works and therefore eligible for
						  payment under the act shall include the following:
(1) That portion of an interceptor between
						  the treatment facility and the first connection.
(2) An interceptor which picks up existing
						  municipally-owned sewers which discharge untreated sewage into the same stream
						  that receives the treatment facility effluent, regardless of the location of
						  the point of discharge of the sewers. The interceptor is eligible from the
						  treatment plant back to the point of interception of the furthest untreated
						  sewage discharge from the plant.
(3) An interceptor which picks up existing
						  municipally-owned sewers which discharge untreated sewage into a tributary
						  stream if that stream contributes at least 15% of the average daily flow to the
						  stream receiving the effluent of the treatment plant, as measured at the point
						  of effluent introduction to this main stream.
(4) An interceptor which carries at least 50%
						  of the total sewage flow from the sewered population of the applicant
						  municipality to the treatment plant or sewer system of another municipality;
						  provided that the interceptor meets the criteria described in paragraph (1),
						  (2) or (3). Where it is not feasible to obtain sewage flow statistics,
						  demographic statistics may be used.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter B - STATE GRANTS FOR OPERATION OF SEWAGE TREATMENT PLANTS › GENERAL › Section 103.26 - Nonreimbursable costs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The cost of
						  acquisition or construction may not include abandoned, out of service, backup
						  facilities or lateral or collecting sewers.
(b) A payment or grant made by a State or
						  Federal agency which is not paid back by the municipality, public school
						  district or municipality authority to the State or Federal agency and which
						  includes State grant-in-aid payment on plans, Federal grants under the Clean
						  Water Act of 1977, the act of December 27, 1977 (Pub. L. No. 95-217, 91 Stat.
						  1566-1609) or similar programs, labor or materials given the municipality by a
						  Federal or State agency or State payment made as part of the capital cost of
						  the project for State participation, or interest earned on any form of debt
						  instrument shall be deducted in arriving at the actual cost to the
						  municipality, public school district or municipality authority. Calculation of
						  these deductions shall be based on the ratio of eligible construction costs
						  under the act to the construction costs paid for with State or Federal grant
						  funds or PENNVEST loan funds.
(c)
						  Expenditures made before September 1, 1937, may not be included.
(d) Expenditures not related to acquisition
						  or construction of sewage treatment works are not eligible for payment.
(1) After sewage treatment works are
						  completed and placed in operation, only expenditures for additions or
						  modifications related to the sewage treatment process will be considered for
						  payment. When expenditures are claimed for replacement of components related to
						  the treatment process, the original construction cost of the replaced
						  components and other associated costs are no longer eligible for payment the
						  year in which the expenditures for the replacement components are
						  claimed.
(2) The costs of
						  acquisition of replacement parts, tools, supplies, maintenance vehicles and
						  other equipment are not eligible for payment.
(3) Engineering, financial, legal and
						  administrative expenses incurred in the operation of the sewerage facilities
						  are not eligible for payment.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter B - STATE GRANTS FOR OPERATION OF SEWAGE TREATMENT PLANTS › GENERAL › Section 103.28 - Limitations of right to appeal determination

Current through Register Vol. 54, No. 28, July 13, 2024
The determination by the Department that a portion of
							 a treatment works or other facility is not eligible for funds under the act is
							 only reviewable in the year in which the determination was initially made and
							 not reviewable in a subsequent year's application if an applicant attempts to
							 include items, previously declared ineligible, in a later application.
The provisions of this §
															103.28 amended under the act of
								August 20, 1953 (P. L. 1217, No. 339) (35 P. S. §§
																701-703); The Clean Streams Law
								(35
								P. S. §§
																691.1-691.1001); section
								20 of the Pennsylvania Infrastructure Investment Authority Act (35 P. S. §
																751.20); and section 1920-A of The
								Administrative Code of 1929 (71 P. S. §
																510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter B - STATE GRANTS FOR OPERATION OF SEWAGE TREATMENT PLANTS › CONTENTS OF REPORTS › Section 103.31 - Drawings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The applicant
						  shall provide drawings of the project sufficiently detailed to support an
						  eligibility determination.
(b) If
						  the project involves construction of intercepting sewers or pumping stations
						  for which payment is requested, one set of drawings shall be submitted with the
						  application, showing the exact location and size of the intercepting sewer and
						  its connections and the locations of the pumping stations.
The provisions of this §
															103.31 amended under the act of
								August 20, 1953 (P. L. 1217, No. 339) (35 P. S. §§
																701-703); The Clean Streams Law
								(35
								P. S. §§
																691.1-691.1001); and
								section 1920-A of The Administrative Code of 1929 (71 P. S. §
																510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter B - STATE GRANTS FOR OPERATION OF SEWAGE TREATMENT PLANTS › CONTENTS OF REPORTS › Section 103.32 - Cost breakdown

Current through Register Vol. 54, No. 28, July 13, 2024
A breakdown of, and supporting documentation for, the
							 total construction cost of the treatment works is required, including
							 intercepting sewers and pumping stations which are integral parts of the
							 treatment facilities, the cost of land and rights of way acquired after
							 September 1, 1937, total engineering costs covering the preparation of plans
							 and specifications, supervision and inspection of construction, legal and
							 financial expenses, and interest during construction with a basis for proration
							 of the costs ascribed to eligible facilities. Supporting documentation shall
							 include, but not be limited to:
(1)
						  One copy of itemized invoices.
(2)
						  One copy of proof of payment in the form of cancelled checks or signed payment
						  requisitions.
The provisions of this §
															103.32 amended under the act of
								August 20, 1953 (P. L. 1217, No. 339) (35 P. S. §§
																701-703); The Clean Streams Law
								(35
								P. S. §§
																691.1-691.1001); and
								section 1920-A of The Administrative Code of 1929 (71 P. S. §
																510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter B - STATE GRANTS FOR OPERATION OF SEWAGE TREATMENT PLANTS › CONTENTS OF REPORTS › Section 103.33 - Payment to several municipalities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If several municipalities have combined
						  to acquire and construct sewage treatment works, payment shall be made in
						  relation to costs expended by the applicant municipality or municipality
						  authority for the acquisition and construction of the sewage treatment plant
						  and necessary appurtenances. Payment may be made only to the applicant
						  municipality or municipality authority which participates in the costs of
						  acquisition and construction, either alone or jointly.
(b) An applicant municipality which merely
						  contracts with another municipality, public school district or municipality
						  authority to have its sewage treated may not receive payment under the
						  act.
(c) If the project is a joint
						  one, with all the municipalities participating, the payment shall be made to
						  the operating authority unless the Department is advised differently by the
						  operating authority. The application shall clearly indicate to whom the payment
						  shall be made.
The provisions of this §
															103.33 amended under the act of
								August 20, 1953 (P. L. 1217, No. 339) (35 P. S. §§
																701-703); The Clean Streams Law
								(35
								P. S. §§
																691.1-691.1001); and
								section 1920-A of The Administrative Code of 1929 (71 P. S. §
																510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter B - STATE GRANTS FOR OPERATION OF SEWAGE TREATMENT PLANTS › CONTENTS OF REPORTS › Section 103.34 - Leaseback agreements

Current through Register Vol. 54, No. 28, July 13, 2024
Where the works that are owned by a municipality
							 authority are operated by a municipality under a leaseback agreement, the
							 municipality may apply for and receive the State payment, provided the
							 authority authorizes the Department to make the payment to the municipality.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter B - STATE GRANTS FOR OPERATION OF SEWAGE TREATMENT PLANTS › CONTENTS OF REPORTS › Section 103.35 - Miscellaneous expenses

Current through Register Vol. 54, No. 28, July 13, 2024
Engineering, financial and legal expenses or costs
							 shall be the actual costs expended in connection with the preparation of plans,
							 supervision of construction, securing of titles, arranging for financing and
							 similar expenses directly related to the construction of eligible facilities.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter B - STATE GRANTS FOR OPERATION OF SEWAGE TREATMENT PLANTS › CONTENTS OF REPORTS › Section 103.36 - Other expenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the
						  project financed and constructed includes more than the sewage treatment works
						  and necessary appurtenances, the application and supporting documentation on
						  the costs of construction filed for the State payment shall cover only the
						  actual costs of the construction of the sewage treatment works and
						  appurtenances.
(b) If engineering,
						  financial and legal costs, interest during construction and other costs include
						  more than the sewage treatment works and necessary appurtenances, the applicant
						  shall clearly indicate how the costs were divided to equitably cover the
						  various items and set forth this supporting documentation as a supplement
						  attached to the application.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter B - STATE GRANTS FOR OPERATION OF SEWAGE TREATMENT PLANTS › CONTENTS OF REPORTS › Section 103.37 - Transfer of ownership or right to payment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When ownership of an eligible facility of
						  an applicant municipality is transferred to another eligible applicant
						  municipality, the payment of the subsidy under the act will be made to the new
						  public owner based on the eligible project costs determined in accordance with
						  this subchapter.
(b) When eligible
						  applicant Municipality A designates that Municipality B may apply for and
						  receive its subsidy payment under the act, payment will be made to the new
						  applicant Municipality B based on Municipality A's eligible project costs
						  determined in accordance with this subchapter. Municipality B's application for
						  payment shall be accompanied by resolutions from Municipalities A and B
						  authorizing Municipality B to apply for and receive Municipality A's subsidy
						  payment under the act for that year.
The provisions of this §
															103.37 amended under the act of
								August 20, 1953 (P. L. 1217, No. 339) (35 P. S. §§
																701-703); The Clean Streams Law
								(35
								P. S. §§
																691.1-691.1001); and
								section 1920-A of The Administrative Code of 1929 (71 P. S. §
																510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter C - REIMBURSEMENT OF FLOOD CONTROL PROJECTS › GENERAL PROVISIONS › Section 103.41 - Establishment of flood control projects

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department has been designated by the
						  Legislature as the Commonwealth agency which shall participate with local
						  sponsoring agencies in flood control projects.
(b) The Department has the authority to enter
						  into agreements with local sponsoring agencies to assist them in financing
						  certain specified local costs.
(c)
						  The Department has the authority to make appropriate surveys and to prepare
						  suitable plans for any proposed flood control district, and upon adoption
						  thereof as official plans and following publication notice of such adoption,
						  shall have the authority to establish a flood control district encompassing the
						  area covered by the surveys and the official plans.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter C - REIMBURSEMENT OF FLOOD CONTROL PROJECTS › GENERAL PROVISIONS › Section 103.42 - Reimbursement to local agency

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The Department normally will compensate the local sponsoring agency for up to
						  50% of its certified expenditures for land acquisition, relocation of
						  facilities, and other related work in accordance with the agreement between the
						  Department and the sponsoring agency.
(b) The Department will reimburse only for
						  relocation of duplicate facilities. It will not cost share on any type of
						  betterment which provides higher capacity or more elaborate facilities than
						  those which originally existed. If betterments are made, the Department will
						  cost share to the extent of the amount which would provide duplicate
						  facilities, in their present condition, but no reimbursement will be provided
						  for costs over and above this work.
(c) The following items shall not be
						  reimbursable when routinely incurred:
(1)
						  Legal fees.
(2) Surveying
						  fees.
(3) Filing fees.
(4) Engineering fees.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter C - REIMBURSEMENT OF FLOOD CONTROL PROJECTS › GENERAL PROVISIONS › Section 103.43 - Information required

Current through Register Vol. 54, No. 28, July 13, 2024
The following information shall be submitted in
							 triplicate with all requests for reimbursement:
(1) A breakdown of the material and labor
						  which the constructing company used, if applicable.
(2) Copies of bills from the constructing
						  company to the local sponsor.
(3)
						  Copies of cancelled checks from the sponsor to the constructing
						  company.
(4) An invoice from the
						  sponsor to the Department.
(5) A
						  sketch showing original and relocated facilities.
This section cited in 25 Pa. Code §
															103.42 (relating to reimbursement
								to local agency).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter C - REIMBURSEMENT OF FLOOD CONTROL PROJECTS › GENERAL PROVISIONS › Section 103.44 - Partial billings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  local sponsor shall assign a partial billing number when submitting invoices to
						  the Department with a request for reimbursement. The first invoice shall be
						  designated as Partial Billing No. 1, the second as Partial Billing No. 2, and
						  so on.
(b) All items forwarded to
						  the Department with regard to a request for reimbursement shall be submitted in
						  triplicate.
This section cited in 25 Pa. Code §
															103.42 (relating to reimbursement
								to local agency).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter C - REIMBURSEMENT OF FLOOD CONTROL PROJECTS › LAND ACQUISITION › Section 103.51 - Plan required

Current through Register Vol. 54, No. 28, July 13, 2024
It shall be the responsibility of the sponsoring
							 agency to provide the Department with a property and right of way acquisition
							 plan for the flood control project prior to the Department's acting on any
							 requests for reimbursement.
This section cited in 25 Pa. Code §
															103.42 (relating to reimbursement
								to local agency); and 25 Pa. Code §
															103.53 (relating to rights-of-way
								or easements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter C - REIMBURSEMENT OF FLOOD CONTROL PROJECTS › LAND ACQUISITION › Section 103.52 - Documents required

Current through Register Vol. 54, No. 28, July 13, 2024
The following documents, in triplicate, shall be
							 required for back-up data for all requests to the Department for reimbursement
							 for land acquisition made necessary by the flood control project:
(1) Appraisal of the property
						  taken.
(2) Copy of the
						  deed.
(3) Copy of the check or
						  evidence of payment.
(4)
						  Certificate of title by the attorney of the sponsor for the flood control
						  project.
(5) Invoice from the local
						  sponsor to the Department requesting reimbursement.
This section cited in 25 Pa. Code §
															103.42 (relating to reimbursement
								to local agency); and 25 Pa. Code §
															103.53 (relating to rights-of-way
								or easements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter C - REIMBURSEMENT OF FLOOD CONTROL PROJECTS › LAND ACQUISITION › Section 103.53 - Rights-of-way or easements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
						  condemnation proceedings must be used to obtain rights of way, all of the
						  requirements listed in §§
													103.51 and
						  103.52 (relating to plan required;
						  documents required) shall be met, except that a verdict of judgment of the
						  Court or Board of Viewers will be accepted in lieu of an appraisal. In
						  addition, certified copies of the report of the findings of the Board of
						  Viewers or of the Court and a receipt and release of the judgment signed by the
						  parties in interest shall be required.
(b) When condemnation proceedings are
						  necessary to obtain certain property, it shall be necessary to submit a
						  certified copy of the Declaration of Taking which was signed in the county in
						  which the real estate is located.
(c) All of the items mentioned in subsections
						  (a) and (b) shall be submitted to the Department in triplicate when a request
						  for reimbursement is initiated.
This section cited in 25 Pa. Code §
															103.42 (relating to reimbursement
								to local agency).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter C - REIMBURSEMENT OF FLOOD CONTROL PROJECTS › RELOCATION OF FACILITIES › Section 103.61 - Agreement with owner

Current through Register Vol. 54, No. 28, July 13, 2024
When the local sponsor has obtained the property
							 necessary for flood control construction to begin, it may be found that various
							 facilities, such as pipe lines, electric wires, roadways, railroads, and the
							 like, may have to be relocated. To accomplish this the local sponsor shall
							 enter into an agreement with the owner of the facilities to be relocated. There
							 are two basic procedures to be followed with regard to the relocation of these
							 facilities which are set forth in §§
													103.62 and
							 103.63 (relating to relocation by
							 agency; and relocation by owner).
This section cited in 25 Pa. Code §
															103.42 (relating to reimbursement
								to local agency).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter C - REIMBURSEMENT OF FLOOD CONTROL PROJECTS › RELOCATION OF FACILITIES › Section 103.62 - Relocation by agency

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
						  facilities are to be relocated by the local sponsor the local sponsor shall
						  obtain construction bids for the relocation of the facilities. Using this
						  procedure, it shall be necessary for the sponsor to draft contract documents
						  containing all information relative to construction. The estimate of the Corps
						  of Engineers shall be a good guideline as to the total cost involved.
(b) Copies of all bid documents, that is,
						  newspaper advertisements, bid invitations, bid forms, proposal forms,
						  specifications, and drawings, shall be submitted to the Department. Upon
						  receipt of bids of all interested parties, an abstract of these bids showing
						  all bids received and the amounts of these bids, shall be submitted to the
						  Department. Upon receipt of a letter to proceed from the Department the sponsor
						  may award the contract.
(c) When
						  requesting reimbursement for work done under bid contract, triplicate copies of
						  the contract agreement, the abstract of bids, and pertinent correspondence
						  between the Department and the sponsor, shall be submitted in addition to the
						  usual requirements.
This section cited in 25 Pa. Code §
															103.42 (relating to reimbursement
								to local agency); and 25 Pa. Code §
															103.61 (relating to agreement with
								owner).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter C - REIMBURSEMENT OF FLOOD CONTROL PROJECTS › RELOCATION OF FACILITIES › Section 103.63 - Relocation by owner

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
						  facilities are to be relocated by the owner, the local sponsor shall submit a
						  written request to the Department outlining the work to be done, the persons
						  doing it, the cost for which they will request reimbursement, and the plans
						  showing where the facilities presently are and where they will be when
						  relocation is completed. After reviewing this information, the Department will
						  notify the sponsor of the degree of the participation of the
						  Department.
(b) The sponsor shall
						  always enter into an agreement with the persons doing the relocation
						  work.
(c) Triplicate copies of all
						  of the documents set forth in subsection (a) shall be required before a request
						  for reimbursement will be processed.
This section cited in 25 Pa. Code §
															103.42 (relating to reimbursement
								to local agency); and 25 Pa. Code §
															103.61 (relating to agreement with
								owner).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter D - STATE GRANTS FOR CONSTRUCTION OF SEWAGE FACILITIES › STATE GRANTS FOR CONSTRUCTION › Section 103.81 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This section and §§
													103.82-103.84 implements the awarding of
							 State grants under section 16 of The Land and Water Conservation and
							 Reclamation Act (32 P. S. §
														5116) for the
							 construction, reconstruction or improvement of sewage treatment plants, major
							 interceptors and other facilities appurtenant to the plant.