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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 § 965.7. Second opinion project review.

§ 965.7. 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, 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.

Cross References

   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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