§ 963.12. Ineligible costs.
(a) Sewerage. The following activities conducted in conjunction with sewerage project development and construction are not eligible for financial assistance:
(1) Costs of acquisition or construction of interior plumbing and that portion of house laterals that is neither owned by, nor the responsibility of, the applicant wastewater system.
(2) Projects that have not secured planning and permit approvals under Chapters 71, 91 and 92 (relating to administration of sewage facilities planning program; general provisions; and National Pollutant Discharge Elimination System permitting, monitoring and compliance).
(3) Costs associated with the purchase of land that is not a component in the collection process or the physical, biological or chemical treatment process or are costs which would not qualify as ‘‘eligible costs’’ under § 963.11(a)(4) (relating to eligible costs).
(4) Legal or professional fees associated with litigation of a Commonwealth enforcement action.
(5) Costs associated with replanning or redesign subsequent to loan approval except where unforeseeable site conditions discovered during construction require replanning or redesign. The applicant/borrower shall demonstrate to the Authority that extensive effort was made in examining site conditions before planning and design were finalized. The Authority may also approve replanning or redesign costs if the replanning or redesign would result in cost savings sufficient, in the Authority’s judgment, to justify those costs.
(6) Costs associated with the development of an approvable official sewage plan under the Pennsylvania Sewage Facilities Act (35 P. S. § § 750.1—750.20).
(7) Costs associated with the extraction for profit of minerals or other resources from wastewater or sludges unless, in the case of public facilities, the profits from the extraction will be used solely to reduce system user costs.
(b) Industrial wastewater. The following activities conducted in conjunction with industrial wastewater project development and construction are not eligible for financial assistance:
(1) Costs of acquisition or construction of interior plumbing.
(2) Projects which have not secured planning and permit approvals under Chapters 91 and 92.
(3) Costs associated with the purchase of land that is not a component in the collection process or the physical, biological or chemical treatment process or costs which would not qualify as eligible costs under § 963.11(a)(4).
(4) Legal or professional fees associated with litigation of a Commonwealth enforcement action.
(5) Costs associated with replanning or redesign subsequent to financial assistance approval except where unforeseeable site conditions discovered during construction requires replanning or redesign. The applicant/borrower shall demonstrate to the Authority that extensive effort was made in examining site conditions before planning and design were finalized.
(6) Costs associated with the extraction for profit of minerals or other resources from wastewater or sludges.
(c) Water systems. The following activities conducted in conjunction with water project development and construction are not eligible for financial assistance:
(1) Projects or those portions of projects not related to a water system.
(2) Costs of acquisition or construction of interior plumbing and fixtures.
(3) Costs associated with the purchase of land that is not a component in the collection, treatment or distribution process; or are costs which would not qualify as eligible costs under § 963.11(a)(4).
(4) Legal or professional fees associated with litigation of a Commonwealth enforcement action.
(5) Projects for water systems which are not in compliance with requirements established under the Pennsylvania Safe Drinking Water Act (35 P. S. § § 721.1—721.17) unless the purpose of the project is to bring the water system into compliance.
(6) Costs associated with replanning or redesign subsequent to loan approval except where unforeseeable site conditions discovered during construction require replanning or redesign. The applicant/borrower shall demonstrate to the Authority that extensive effort was made in examining site conditions before planning and design were finalized.
(d) Stormwater projects. The following costs associated with stormwater projects development are not eligible for financial assistance:
(1) Costs associated with a stormwater project located within a watershed for which a county has not adopted a watershed stormwater management plan, as required by the Storm Water Management Act, shall be ineligible for financial assistance under the act, except that:
(i) Costs associated with a project within a watershed which includes land in more than one county and for which the Department has required that a joint plan for the entire watershed be submitted by the affected counties shall be ineligible for financial assistance under the act only if any county in which the project is located is found to have failed to cooperate in the development of the joint plan.
(ii) A stormwater project specifically designed to maintain or improve, or both, existing water quality and to comply with the National Pollutant Discharge Elimination System (NPDES) stormwater permitting requirements shall be eligible for financial support under the act.
(iii) Costs associated with a project located in a municipality which has enacted a stormwater management ordinance requiring land owners and persons engaged in the alteration or development of land to implement measures to ensure that the maximum rate of stormwater runoff is no greater after the development than prior to development activities or to manage the quantity, velocity and direction of resulting stormwater runoff in a manner which otherwise adequately protects the health and property of residents from the possibility of injury as required by the Storm Water Management Act shall be eligible for financial support under the act.
(2) Costs associated with a stormwater project located within a municipality which is not implementing ordinances under an existing county-prepared and Department-approved watershed plan.
(3) Costs associated with a project in which work is done within the stream, including activities such as widening/realignment of channel, improvements along banks and bed of the channel and increasing capacity of the channel.
(4) Costs associated with projects or those portions of projects not related to a stormwater system as determined by project staff. The staff determination will be submitted to the applicant in writing.
(5) Costs associated with legal or professional fees directly related to litigation of a Commonwealth enforcement action.
(6) Costs associated with projects for stormwater systems which are not in compliance with the requirements established under the Storm Water Management Act unless the purpose of the project is to bring the stormwater system into compliance.
(7) Costs associated with replanning or redesign subsequent to loan approval except where unforeseeable site conditions discovered during construction require replanning or redesigning. The applicant/borrower shall demonstrate to the Authority that extensive effort was made in existing site conditions before planning and design were finalized. The Authority may also approve replanning and redesign costs if the replanning or redesign would result in cost savings sufficient, in the Authority’s judgment, to justify those costs.
Source The provisions of this § 963.12 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 771; amended May 3, 1991, effective May 4, 1991, 21 Pa.B. 2006; amended July 7, 1995, effective July 8, 1995, 25 Pa.B. 2720. Immediately preceding text appears at serial pages (159276) to (159277).
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