Pennsylvania Code
Title 25 - ENVIRONMENTAL PROTECTION
Part VII - Pennsylvania Infrastructure Investment Authority
Chapter 965 - CLEAN WATER STATE REVOLVING FUND
Section 965.7 - Second opinion project review
Universal Citation: 25 PA Code ยง 965.7
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, the 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) When a
second opinion project review is required, applicant shall provide the
Department with a time line indicating the anticipated beginning and end dates
for the review
(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 from the
Authority in writing 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 and shall include an
evaluation of the 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 second opinion project review report
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 report shall be submitted to the Authority
along with a proposal submitted by applicant discussing each recommendation and
its incorporation in the project design except when to do so would be cost
ineffective or unreliable or would cause unreasonable delay in the project or
would result in some other unreasonable burden upon a factor critical to the
treatment or collection system and the environmental impact of the project. The
second opinion project review and the proposal shall be submitted by the
applicant to the Authority within 90-calendar days following the completion of
the second opinion project 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 Board recommendation of the administrative staff 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); and 25 Pa. Code § 965.4 (relating to eligible costs).
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