Pennsylvania Code
Title 25 - ENVIRONMENTAL PROTECTION
Part VII - Pennsylvania Infrastructure Investment Authority
Chapter 963 - PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY ASSISTANCE
Section 963.20 - Second opinion project review
Universal Citation: 25 PA Code ยง 963.20
Current through Register Vol. 54, No. 44, November 2, 2024
(a) If the total estimated construction cost plus any amount allocated for contingency for a project is greater than $10 million, the applicant shall have a second opinion project review completed.
(1) Prior to
project design, an applicant shall participate in a project consultation with
the Department and, if required by this section, shall make plans for a second
opinion project review.
(2) An
applicant shall provide the Department with a time line indicating the
anticipated beginning and end dates of the second opinion project review if a
review is required by this section.
(b) An applicant shall meet the following requirements when undertaking a second opinion project review:
(1) The second opinion project review shall
be planned for and completed by the time the project design is 20% to 40%
complete, unless the applicant requests in writing from the Authority an
extension of time due to some reasonable and unforeseen circumstance.
(2) The second opinion project review shall
focus primarily on the treatment facilities but shall also include an analysis
of the total project design. In either case, the review shall include an
evaluation of cost effectiveness, complexity and impact of the project on the
community.
(3) Upon completion of
the second opinion project review, the reviewer shall provide a written report
to the applicant which summarizes findings and describes proposed
implementation of recommendations. The written report of the second opinion
project review shall be issued under seal of a professional engineer licensed
to practice in this Commonwealth.
(4) The applicant shall cause the
implementation of the reported recommendations to the maximum extent
feasible.
(5) A copy of the second
opinion project review shall be submitted to the Authority along with a
proposal addressing each recommendation and their incorporation into the
project design unless to do so would not be cost effective, reliable or
reasonable based upon the delay it would cause in the project or because to do
so would cause an unreasonable burden upon a factor critical to the treatment
or collection system and the environmental impact of the project. The copy of
the second opinion project review and the applicant's proposal shall be
submitted to the Authority within 90-calendar days from the completion of the
review.
(i) If the Authority disagrees with
the reason set forth by the applicant for not adopting a second opinion project
review recommendation, the administrative staff may not recommend approval of
financial assistance to the Board for that portion of the project.
(ii) An applicant may appeal the
administrative staff's recommendation to the Board, in accordance with 1 Pa.
Code Part II (relating to general rules of administrative practice and
procedure).
(c) The second opinion project review report may be used by the administrative staff in the cost effectiveness evaluation performed during the application review process.
This section cited in 25 Pa. Code § 963.11 (relating to eligible costs).
Disclaimer: These regulations may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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