Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter D - NUTRIENT MANAGEMENT › FINANCIAL ASSISTANCE › Section 83.232 - Implementation and reporting

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The Commission will develop financial assistance documents which will define
						  the terms and conditions under which the financial assistance is offered and
						  specify other documents determined to be necessary by the Commission.
(b) Unless otherwise approved by the
						  Commission, the recipient of financial assistance under this subchapter shall
						  begin construction of the project, in accordance with its approved application
						  within 9 months of the Commission sending notice of approval of a grant or loan
						  application. If the applicant does not begin implementation within the
						  specified time period, does not continue work without unreasonable interruption
						  or does not complete the project within the specified time period in the grant
						  agreement, the financial assistance may be withdrawn by the
						  Commission.
(c) Design and
						  construction of BMPs must conform to the standards found in the
Pennsylvania Technical Guide
. The applicant may not
						  significantly deviate from the scope, design or time schedule for a project
						  unless prior written approval is given by the Commission or delegated agent.
						  The term "scope," as used in this subsection, means the extent of project
						  activities determined by the Commission to be eligible for financial
						  assistance.
(1) A request for significant
						  changes in scope shall be submitted in writing to the Commission for approval.
						  When changes in scope require a plan amendment under the criteria of §
														83.371 (relating to plan
						  amendments), the applicant shall provide a copy of the approved plan
						  amendment.
(2) Funding eligibility
						  for a change in scope will be based on the criteria described in §
														83.223 (relating to financial
						  assistance eligibility criteria). Consent of the Commission to a change in
						  scope will not be deemed to increase the amount of financial assistance
						  provided without the express approval of the Commission. Funding for changes in
						  the scope of an assistance project will be approved only in the following
						  circumstances:
(i) The change in scope is a
						  result of new or revised requirements, Federal legislation, or a Federal
						  regulation thereunder, State legislation or State regulation thereunder, the
						  act, this subchapter, The Clean Streams Law (35 P. S. §§
																691.1-691.1001) or regulations
						  thereunder.
(ii) The change in
						  scope is necessary to protect the structural or process integrity of the
						  facilities.
(iii) Adverse
						  conditions are identified during the construction of the facilities which could
						  not have been foreseen by the design engineer prior to encountering the
						  condition.
(iv) The change is
						  necessary to relieve emergency conditions occurring during construction of the
						  facilities.