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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 3392 (June 24, 2023).

25 Pa. Code § 963.4. Applicant eligibility.

§ 963.4. Applicant eligibility.

 (a)  An owner or operator of a facility or system for the collection, treatment or disposal of wastewater, including industrial wastewater, or an owner or operator of a facility or system for the collection, treatment, storage or distribution of drinking water, is an eligible project sponsor and may apply for financial assistance. The owner or operator shall be a public or private entity, including a person, corporation, partnership, association, municipal authority or governmental unit who has legal and financial responsibility for the project during the term of the financial assistance provided by the Authority.

 (b)  If the applicant is a lessee or operator, the applicant shall apply jointly with the facility or system owner for financial assistance.

 (c)  A municipality that is not an owner, operator or lessee may sponsor a project and apply for financial assistance from the Authority if the following conditions are met:

   (1)  The applicant pledges sufficient collateral, provides sufficient guarantees or otherwise makes financial provisions to assure the Authority, to its satisfaction, that a loan it makes to the applicant will be repaid or that a loan or bond guarantee it provides the applicant will not be compromised.

   (2)  The applicant enters into agreements with the operator of the project being financed by the Authority and a larger system of which it is a part, to assure the competent, professional operation of the project and system, as well as compliance with section 10(j) of the act (35 P. S. §  751.10(j)) as implemented in §  963.19 (relating to continuing education of system operators).

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