§ 103.25. Eligibility for payment.
(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.
(e) Pumping stations on or constructed in lieu of interceptors eligible for payment under subsection (d) are also eligible as an integral part of the sewage treatment plant system.
(f) The eligible costs for engineering, financial, legal and administrative expenses incurred for project construction shall be based on the ratio of eligible construction contract costs under the act to total construction contract costs paid.
Authority The provisions of this § 103.25 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).
Source The provisions of this § 103.25 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; amended January 22, 1982, effective January 23, 1982, 12 Pa.B. 382; amended September 27, 1991, effective September 28, 1991, 21 Pa.B. 4397. Immediately preceding text appears at serial pages (151608) and (141407).
Notes of Decisions The ‘‘first connection’’ limitation imposed by the Environmental Hearing Board on subsidies for new construction was an appropriate interpretation of the statutory language since the legislature used the terms ‘‘integral’’ and ‘‘essential’’, which imply limitations. Northampton-Bucks County Municipal Authority v. Department of Environmental Resources, 555 A.2d 878 (Pa. 1989).
The section which limits State subsidies on sewage interceptors for first connections only was not an arbitrary and capricious limitation of the statutory language or unreasonable and is a valid regulation. Northampton-Bucks County Municipal Authority v. Department of Environmental Resources, 547 A.2d 802, 806 (Pa. Commw. 1988), affirmed by Northampton-Bucks County Municipal Authority v. Department of Environmental Resources, 555 A.2d 878 (Pa. 1989).
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