§ 71.43. Approval of grants.
(a) The Department will not authorize payment of a planning grant to an applicant until the Department has approved the official plan or revision which has been adopted by the municipality.
(b) When the Department has determined that the application is complete, the Department will pay grants to applicants in the order in which the applications were received.
(c) The Department will determine the amount of the grant by evaluating:
(1) The application for planning grants.
(2) The extent and nature of the activities included in the official plan or revision to the official plan and the eligibility of the costs of these activities for grant payments under the act.
(3) The cost of performing each activity included in the official plan or revision to the official plan.
(4) The contents of existing plans and studies.
(5) The conditions imposed upon the municipality by an order or notice of the Department.
(6) The final contents of the adopted official plan.
(d) The Department may pay planning grants for joint municipal plans submitted under § 71.12(b) (relating to municipal responsibility to revise plans) without official adoption of the plan from participating municipalities when:
(1) The Department has determined that enough municipalities have adopted the plan consistent with § 71.32(d)(7) (relating to Department responsibility to review and act upon official plans) to assure substantial plan implementation.
(2) Costs for the planning activities done for the nonparticipating municipalities are deducted from the application for the grant payment.
(3) The Department has notified the municipality not adopting the joint-municipal plan that its official plan is in a disapproved status; or has determined that the municipality’s official plan adequately addresses the existing and future sewage disposal needs of the municipality.
(e) The Department will not withhold planning grants for eligible costs from a municipality, its designated authority or county when the following occur:
(1) Sufficient appropriations have been made by the General Assembly.
(2) The official plan has been adopted by the municipality and approved by the Department.
(3) The official plan complies with the terms of the act and this part.
Authority The provisions of this § 71.43 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); 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 § 71.43 adopted August 13, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended April 28, 1972, effective May 15, 1972, 2 Pa.B. 753; amended September 28, 1973, effective October 15, 1973, 3 Pa.B. 2176; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; reserved January 9, 1987, effective January 10, 1987, 17 Pa.B. 172; amended June 9, 1989, effective June 10, 1989, 19 Pa.B. 2429; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (206575) to (206576).
Notes of Decisions Additional Evidence
Sewage Enforcement Officer erred in denying application without first affording applicant opportunity to supply additional information, and lower court’s conclusion that procedure regarding incomplete applications applied only to cases where application is facially incomplete is not supported by Sewage Facility Act (35 P. S. § § 750.1—750.16) or this section. D’Amico v. Board of Supervisors, Alsace Township, 526 A.2d 479 (Pa. Cmwlth. 1987).
Applicant for individual sewage disposal permit could not claim that Township Board of Supervisor’s request for topographical survey, second probe test, soil survey and revised plan was an unauthorized or unreasonable request, where testimony showed that information was necessary and reasonable. D’Amico v. Board of Supervisors, Alsace Township, 526 A.2d 479 (Pa. Cmwlth. 1987).
Cross References This section cited in 25 Pa. Code § 71.11 (relating to general requirement); and 25 Pa. Code § 71.41 (relating to grants for the preparation of official plans).
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