[27 Pa.B. 6080]
[Continued from previous Web Page] § 965.8. Terms of financial assistance.
Financial assistance from the CWSRF shall be in the form of loans and the loans may not be longer than the term permitted by section 603(d)(1)(A) of the Water Quality Act (33 U.S.C.A. § 1383(d)(1)(A)).
§ 965.9. Loan conditions.
(a) The borrower shall certify in writing that it has the legal, institutional and financial capability to implement the project over its entire design life. For sewerage facilities, this certification shall include the following:
(1) A certified copy of its sewer use ordinance which shall be enacted prior to receiving 95% of the loan funds.
(2) A certified copy of its ordinance or resolution establishing a user charge system, which shall be implemented prior to receiving 95% of the loan funds.
(b) The borrower shall certify in writing that the project has met the requirements of the CWSRF and undergone a SERP as required by the Department and the Authority.
(c) The borrower shall meet project performance standards within 1 year after the initiation of operation in accordance with The Clean Streams Law design specifications and the effluent requirements of its NPDES permit.
(d) The borrower shall submit an affirmative performance certification within 1 year after the initiation of operation.
(e) If the borrower cannot submit an affirmative performance certification, the borrower shall submit a corrective action report.
(f) The borrower shall provide the Authority with the right to audit its sewer use ordinance or its user charge system.
(g) The borrower shall provide the Authority with status reports at the Authority's request until the project is completed.
(h) The borrower shall maintain financial records in accordance with governmental accounting standards and conduct an annual audit of the financial records as required by the CWSRF and the Single Audit Act of 1984 (31 U.S.C.A. §§ 7501--7507) and the corresponding regulations at 15 CFR Part 8 Subpart A (relating to general provisions; prohibitions: nondiscrimination clause; applicability to programs).
§ 965.10. Statutory and procurement requirements.
(a) The borrower shall comply with State and Federal laws, including those listed in Appendix A, for project-related activities, including related procurement actions for equipment, construction, engineering, management, financial, legal or other services or goods.
(b) The Authority may approve a noncompetitive procurement proposal under one or more of the following circumstances:
(1) The borrower can only obtain the equipment, goods or services from a single source.
(2) The borrower demonstrates that there is a public emergency. The Authority will seek independent confirmation from the Department or other appropriate State or Federal agencies that a public emergency justifying a noncompetitive procurement proposal exists.
APPENDIX A The requirements for funds received from the CWSRF shall include requirements found in the following Federal statutes, Executive Orders and regulations:
(1) The act of May 24, 1974 (Pub. L. No. 93-291,88 Stat.174) (16 U.S.C.A. §§ 469--469c), known as the Archaeological and Historical Preservation Act of 1974.
(2) Section 176(c) of the Clean Air Act (42 U.S.C.A. § 7506 (c)).
(3) Sections 2--17 of the Endangered Species Act of 1973 (16 U.S.C.A. §§ 1531--1543).
(4) Executive Order 11593, Protection and Enhancement of the Cultural Environment.
(5) Executive Order 11988, Floodplain Management.
(6) Executive Order 11990, Protection of Wetlands.
(7) Title XV of the Farmland Protection Policy Act (7 U.S.C.A. §§ 4201--4209).
(8) The Fish and Wildlife Coordination Act (16 U.S.C.A. §§ 661--666(c)).
(9) The National Historic Preservation Act of 1966 (16 U.S.C.A. §§ 470--470 W-6).
(10) Section 1424(e) of the Safe Drinking Water Act (42 U.S.C.A. § 300 H-3).
(11) The Wild and Scenic Rivers Act (16 U.S.C.A. §§ 1271--1287).
(12) The Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C.A. §§ 3301--3374).
(13) Section 306 of the Clean Air Act (42 U.S.C.A. § 7601) and section 508 of the Clean Water Act (33 U.S.C.A. § 1368), including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal contracts, grants or loans.
(14) The Age Discrimination Act of 1975 (42 U.S.C.A. §§ 6101--6107).
(15) The Civil Rights Act of 1964 (42 U.S.C.A. §§ 1981--2000g).
(16) Executive Order 11246, 30 FR 12319, as amended by Executive Order 11375, 32 FR 1403, as amended by Executive Order 11478, 34 FR 12985, as amended by Executive Order 12007, 42 FR 34617 (Women and Minority Business Enterprise).
(17) Executive Order 11625, 36 FR 19967, as amended by Executive Order 12007, 42 FR 42839, and Executive Order 12138, 44 FR 29637, as amended by Executive Order 12608, 42 FR 34617 (Women and Minority Business Enterprise).
(18) The Rehabilitation Act of 1973 (29 U.S.C.A. §§ 701--796(h) (including Executive Orders 11914 and 11250).
(19) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.A. §§ 4601--4655).
(20) Executive Order 12549, 51 FR 6370 (Debarment and Suspension).
(21) The Single Audit Act of 1984 (31 U.S.C.A. §§ 7501--7507) and the corresponding regulations at 15 CFR Part 8 Subpart A (relating to general provisions; prohibitions: nondiscrimination clause; applicability to programs).
[Pa.B. Doc. No. 97-1851. Filed for public inspection November 21, 1997, 9:00 a.m.]
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