Subchapter B. STATE GRANTS FOR OPERATION
OF SEWAGE TREATMENT PLANTS
GENERAL Sec.
103.21. Definitions.
103.22. Date of eligibility.
103.23. Date of filing application.
103.24. [Reserved].
103.24a. Basis for calculation of payment.
103.25. Eligibility for payment.
103.26. Nonreimbursable costs.
103.27. [Reserved].
103.28. Limitations of right to appeal determination.
CONTENTS OF REPORTS
103.31. Drawings.
103.32. Cost breakdown.
103.33. Payment to several municipalities.
103.34. Leaseback agreements.
103.35. Miscellaneous expenses.
103.36. Other expenses.
103.37. Transfer of ownership or right to payment.
Authority The provisions of this Subchapter B issued under the act of August 20, 1953 (P. L. 1217, No. 339) (35 P. S. § § 701—703), unless otherwise noted.
Source The provisions of this Subchapter B adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804, unless otherwise noted.
GENERAL
§ 103.21. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Abandoned facilities—Facilities no longer maintained or used.
Act—The act of August 20, 1953 (P. L. 1217, No. 339) (35 P. S. § § 701—703).
Applicant municipality—A county, city, town, borough, township, school district, institution or an authority created by any one of the foregoing. If more than one municipality forms a single authority which applies for funding under this program, the term includes the total of the political boundaries of the municipalities and population of those municipalities, whether or not the entire population of each municipality is served by the authority.
Backup facilities—Components that are not routinely used and are an alternate to another component, and which are available but not necessary for continued treatment plant operations in the event of failures or breakdowns. The term does not include necessary components, as required by a water quality management sewage permit.
Component—Equipment, structure or treatment unit used in a sewage treatment works.
Construction—The construction of new treatment works, pumping stations and intercepting sewers which are an integral part of the treatment facilities, and the altering, improving or adding to of existing treatment works, pumping stations, and intercepting sewers which are essential to the sewage treatment plant system.
First connection—The nearest point on the intercepting sewer to the sewage treatment works at which the intercepting sewer receives sewage or other liquid wastes from an outlet.
Industrial waste treatment works—An arrangement of devices and structures for treatment and disposal of industrial waste, all or part of which is required, or authorized, by a water quality management industrial waste permit issued under The Clean Streams Law (35 P. S. § § 691.1—691.1001).
Intercepting sewer—A sewer which receives sewage from various outlets and conducts the sewage to the treatment works. The term does not include main, submain and trunk sewers.
Lift station—A sewage pumping station designed to raise sewage from areas too low to drain into available sewers, and as such are not eligible for payment consideration.
Out of service—Facilities no longer in use. The term includes obsolete and outmoded facilities.
PENNVEST—Pennsylvania Infrastructure Investment Authority Act Program.
Pennsylvania Infrastructure Investment Authority Act—An act providing low interest loans and limited grant assistance for financing sewerage and water treatment facilities. See the act of March 1, 1988 (P. L. 82, No. 16) (35 P. S. § § 751.1—751.20).
Pumping station—Facilities to house sewage pumps and their appurtenances and the force main into which the pumps discharge.
Sewage treatment facilities—Sewage treatments works.
Sewage treatment plant—Sewage treatment works.
Sewage treatment works—An arrangement of devices and structures for treatment and disposal of sewage, all or part of which is required, or authorized, by a water quality management sewage permit issued under The Clean Streams Law. The term includes treatment and disposal devices and structures located inside the fence surrounding the treatment works site, outfalls to the receiving stream and their appurtenances, and liquid waste disposal equipment and facilities.
Treatment facilities—Sewage treatment works.
Treatment works—Sewage treatment works.
Authority The provisions of this § 103.21 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. § 751.201); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
Source The provisions of this § 103.21 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 (67539) and (151607).
Notes of Decisions Applicant Municipality
Although not all of the interceptors constructed by the municipal authority were eligible for State subsidies, they were considered interceptors as they received sewage from various outlets and conducted the sewage to the treatment works. Northampton-Bucks County Municipal Authority v. Department of Environmental Resources, 547 A.2d 802 (Pa. Cmwlth. 1988).
§ 103.22. Date of eligibility.
(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.
Authority 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).
Source The provisions of this § 103.22 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; amended September 27, 1991, effective September 23, 1991, 21 Pa.B. 4397. Immediately preceding text appears at serial page (151607).
§ 103.23. Date of filing application.
(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.
Authority 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).
Source The provisions of this § 103.23 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 page (151607).
Notes of Decisions The EHB properly granted Department of Environmental Resources’ Motion for Summary Judgment in an appeal from a DER action refusing to process an application for an annual subsidy for the operations of a sewage treatment plant when the application was postmarked after January 31 deadline. Upper Allegheny Joint Sanitary Authority v. Department of Environmental Resources, 567 A.2d 342 (Pa. Cmwlth. 1989); appeal denied 582 A.2d 327 (Pa. 1990).
§ 103.24. [Reserved].
Source The provisions of this § 103.24 reserved September 27, 1991, effective September 28, 1991, 21 Pa.B. 4397. Immediately preceding text appears at serial page (151608).
§ 103.24a. Basis for calculation of payment.
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.
Source The provisions of this § 103.24a adopted January 22, 1982, effective January 23, 1982, 12 Pa.B. 382.
§ 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).
§ 103.26. Nonreimbursable costs.
(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.
(e) Sewage treatment facilities funded by PENNVEST may be eligible for a subsidy under the act based on the proportion of local funds contributed toward project costs. Calculation of the local contribution shall be based on the ratio of PENNVEST loan and grant funds received to the total costs of a project funded in whole or in part through PENNVEST funds.
(1) Projects for modifications to existing sewage treatment facilities or new construction projects, or both, that receive funding under the PENNVEST program for the full amount of the as-bid construction contract costs are not eligible for a subsidy under the act.
(2) Existing sewage treatment facility components altered by project construction determined ineligible under paragraph (1) are not eligible for continued subsidy under the act of August 20, 1953 (P. L. 1217, No. 339) (Act 339). For an existing facility currently eligible for an Act 339 subsidy, only those components of the facility that remain in use will remain eligible for payment if not altered by project construction determined ineligible under paragraph (1).
(3) If Municipality A constructs a new facility or modifies an existing facility with funds received under PENNVEST and subsequently enters into a leaseback agreement with or sells the facility to Municipality B, the initial determination under this subsection regarding the facility with respect to Municipality A under this subsection shall apply to the eligibility or ineligibility of the facility to receive the Act 339 subsidy with respect to Municipality B.
(f) Industrial waste treatment works are not eligible for payment.
Authority The provisions of this § 103.26 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 provision of this § 103.26 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 (141407) to (141408).
§ 103.27. [Reserved].
Source The provisions of this § 103.27 adopted January 22, 1982, effective January 23, 1982, 12 Pa.B. 382; reserved September 27, 1991, effective September 28, 1991, 21 Pa.B. 4397. Immediately preceding text appears at serial page (141408).
§ 103.28. Limitations of right to appeal determination.
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.
Authority 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).
Source The provisions of this § 103.28 adopted 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 (141408) and (78979).
CONTENTS OF APPLICATIONS
§ 103.31. Drawings.
(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.
Authority 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).
Source The provisions of this § 103.31 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 page (78979).
§ 103.32. Cost breakdown.
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.
Authority 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).
Source The provisions of this § 103.32 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; amended January 22, 1982, effective January 23, 1982, 12 Pa.B. 382; corrected December 30, 1982, effective January 23, 1982, 13 Pa.B. 17; amended September 27, 1991, effective September 28, 1991, 21 Pa.B. 4397. Immediately preceding text appears at serial page (78979).
§ 103.33. Payment to several municipalities.
(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.
Authority 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).
Source The provisions of this § 103.33 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 page (78980).
§ 103.34. Leaseback agreements.
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.
Source The provisions of this § 103.34 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; amended January 22, 1982, effective January 23, 1982, 12 Pa.B. 382. Immediately preceding text appears at serial page (19720).
§ 103.35. Miscellaneous expenses.
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.
Source The provisions of this § 103.35, adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; amended January 22, 1982, effective January 23, 1982, 12 Pa.B. 382. Immediately preceding text appears at serial page (19720).
§ 103.36. Other expenses.
(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.
Source The provisions of this § 103.36 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; amended January 22, 1982, effective January 23, 1982, 12 Pa.B. 382. Immediately preceding text appears at serial page (19721).
§ 103.37. Transfer of ownership or right to payment.
(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.
Authority 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).
Source The provisions of this § 103.37 adopted September 27, 1991, effective September 28, 1991, 21 Pa.B. 4397.
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