§ 72.44. Reimbursement.
(a) Reimbursement may not exceed the total program cost minus total program income.
(b) Except as provided in subsection (c) the Department will reimburse local agencies to the extent of the appropriations made by the General Assembly for that purpose. Reimbursement shall be made annually in an amount equal to 1/2 of eligible expenses of administering and enforcing sections 7, 8, 12, 13, 13.1, 14, 15 and 16 of the act (35 P.S. § § 750.7, 750.8, 750.12, 750.13, 750.13a and 750.14—750.16), as defined by subsections (h)—(j).
(c) A local agency complying with the act in a manner deemed satisfactory by the Department will be reimbursed in an amount equal to 85% of the cost of the expenses incurred in the administration and enforcement of the act from funds specifically appropriated by the General Assembly for this purpose if the local agency submits documentation which supports that it qualifies for the increased reimbursement as provided in subsection (d). Eligible expenses are defined in subsections (h)—(j).
(d) To qualify for 85% reimbursement, a local agency shall:
(1) Document the acceptance, delegation or transfer of the administration of sections 7, 8, 12, 13, 13.1, 14, 15 and 16 of the act from one or more municipalities.
(2) Employ or contract with at least one sewage enforcement officer actively engaged in activities related to the administration of the act in that local agency at least 1,200 hours per year, including leave and holidays.
(3) Employ or contract with adequate administrative support staff.
(4) Employ or contract with one alternate sewage enforcement officer.
(5) Employ or contract with a qualified soil scientist.
(6) Submit to the Department for review and comment administrative procedures, permit procedures, ordinances of the member municipalities related to the administration of the act, rules, regulations, permit-related fee schedules and contracted services proposed for use in the local agency.
(7) Employ or have a contractual arrangement with sufficient technical staff to provide for local agency response to signed written requests for service within the time frames established by the administrative procedures and regulations of the local agency.
(e) Applications for reimbursement shall be in quadruplicate, on the appropriate form supplied by the Department, and received by the Department of Environmental Protection, Post Office Box 8466, Harrisburg, Pennsylvania 17105-8466, no later than March 1 each year for expenses incurred during the prior calendar year. Upon cause shown, the Secretary may extend the March 1 deadline for the filing of applications for reimbursement for not more than 60 days.
(f) Applications for reimbursement shall include the following:
(1) An itemized statement in the form of an employe time and activity record.
(2) A report of total fees, fines and other money collected by the local agency during the calendar year in the enforcement of the act.
(3) The Department central file copies of the Application for Sewage Disposal System permit denials, final inspections and expirations during the prior calendar year.
(4) Municipal ordinances, acts, regulations or procedures used in enforcing the act for local agencies applying for reimbursement for the first time or when major changes are made.
(5) Copies of additions, deletions and amendments made during the preceding calendar year to municipal ordinances, acts or procedures used in enforcing the act.
(6) Proof of payment of expenses claimed, as specified in subsection (k).
(7) A copy of the schedule of fees charged to the permit applicant.
(g) An employe time and activity record shall be kept by the local agency. This is an itemized record noting the employe’s name, the date of duty and application number for each task performed, the complaint or malfunction investigated, related administrative or clerical duties performed, hours spent, miles travelled and applicable hourly rate of pay, not including fringe benefits.
(h) Costs associated with the following are eligible for reimbursement, when related to enforcement and administration of the sewage facilities permitting program:
(1) Permit application processing activities, including soil evaluation and testing procedures.
(2) Administrative, management or clerical activities.
(3) Postage, office supplies and duplicating.
(4) Nonmechanically powered tools for the sewage enforcement officer’s use.
(5) Costs of purchasing office equipment and maintaining offices, including building maintenance and utilities prorated on an equitable basis with other services.
(6) Employer costs for social security, workers’ compensation, unemployment compensation and the following fringe benefits:
(i) Health care.
(ii) Pension programs.
(iii) Life insurance.
(iv) Errors and omissions insurance written specifically and billed separately to cover the sewage enforcement officer’s enforcement responsibilities where the defense of official immunity, under 42 Pa.C.S. § 8546 (relating to defense of official immunity), is not applicable to the sewage enforcement officer.
(7) Mileage expenses at the Commonwealth rate for application processing, complaint and malfunction investigations, and required Department training courses or other related meetings or functions required by the Department. The reimbursement of mileage expenses at the Commonwealth rate includes the cost to maintain automotive insurance coverage, and shall be the exclusive means for reimbursement of the costs.
(8) Expenses for sewage enforcement officers to attend required Department training courses or other related meetings or functions required by the Department including:
(i) Regular rate of pay for the actual hours of attendance at the course.
(ii) Lodging, meals and subsistence at the Commonwealth rate when the course is outside a 50-mile radius of both the sewage enforcement officer’s place of employment and residence and no course has been scheduled within that 50-mile radius.
(9) Chemical and bacteriological supplies and analysis for confirming violations.
(10) The legal daily rate and mileage expenses for subpoenaed witnesses at a hearing.
(11) Legal services costs incurred for:
(i) Prosecuting or restraining violations and defending against appeals.
(ii) Preparing ordinances consistent with and necessary for enforcement of the act and this part.
(iii) Preparing for and conducting hearings.
(12) The legal daily rate and mileage expenses for subpoenaed witnesses at a hearing before a magistrate, when the witnesses are essential to substantiate a violation.
(13) Fees for special consultants retained by the local agency for technical consultation on specific permits.
(14) Investigations and inspections related to complaints and malfunctions.
(i) Costs associated with the staffing and administration of a sewage management program under Chapter 71, Subchapter E (relating to sewage management programs) are eligible costs.
(g) Ineligible costs include, but are not limited, to the following:
(1) Retainer fees.
(2) Legal fees resulting from an appeal or suit against the Commonwealth.
(3) Expenses for use of earth moving or excavating equipment.
(4) Clothing purchase or allowance.
(5) Development or duplication of maps.
(6) Payment for surveillance activities by employes other than sewage enforcement officers.
(7) Sewage enforcement officer certification or renewal fees and other related expenses, such as mileage and travel expenses to the certification examination.
(8) Activities and costs associated with improper administration of the act.
(9) Cost to the local agency to maintain insurance coverage in the following areas:
(i) Errors and omissions except as provided in subsection (h)(6)(iv).
(ii) Liability.
(10) Expenses for activities resulting from the submission of additional information to supplement a reimbursement application or from activities performed as a result of a Department audit.
(11) Expenses for employe attendance at local agency meetings which do not pertain to administration of section 7, 8, 12, 13, 13.1, 14, 15 or 16 of the act.
(12) Fixed or indirect costs other than those in subsection (h)(5).
(k) Proof of payment of expenses claimed shall, at a minimum, include the following:
(1) Payroll records or copies of both sides of cancelled checks stating the gross amount paid or a statement from the sewage enforcement officer certifying that he has received salaries or wages from the municipality of which he is a full-time employe.
(2) One copy of the time and activity record or receipted itemized invoices.
(3) Proof of attendance at training courses required by the Department. Reimbursable expenses for attendance at the courses shall be identified separately under ‘‘other expenses’’ in the reimbursement application.
(4) Copies of hotel receipts for overnight lodging.
(5) Minutes of local agency meetings for which employe attendance is claimed as a reimbursable expense which reflect discussions involving the administration of section 7, 8, 12, 13, 13.1, 14, 15 or 16 of the act.
(l) The Department may withhold reimbursement for falsification of information included in or submitted in support of the application, or for intentional omission of information required to be submitted with the application.
Authority The provisions of this § 72.44 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 § 72.44 amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (221894) to (221897).
Cross References This section cited in 25 Pa. Code § 71.58 (relating to delegation of new land development planning); and 25 Pa. Code § 71.73 (relating to sewage management programs for sewage facilities permitted by local agencies).
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