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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 6142 (September 30, 2023).

25 Pa. Code § 963.20. Second opinion project review.

§ 963.20. Second opinion project review.

 (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.


   The provisions of this §  963.20 adopted November 21, 1997, effective November 22, 1997, 27 Pa.B. 6080.

Cross References

   This section cited in 25 Pa. Code §  963.11 (relating to eligible costs).

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