25 Pa. Code § 83.231 - Funding limitations
(a)
Total funding limits. Total assistance provided under loans,
grants and loan guarantees for the implementation of a single plan may not
exceed those funding limits established by the Commission.
(b)
Partial funding. The
Commission reserves the right to provide funding for only a portion of the
total costs of the project or only a portion of the amount requested in a
financial assistance application.
(c)
Least cost alternative.
Financial assistance provided may not exceed that amount necessary for the
least-cost alternative for each BMP included.
(d)
Limitation.
(1) Financial assistance will not be made
available that might jeopardize or compromise the fund.
(2) Financial assistance will not be
available for refinancing.
(3)
Financial assistance will not be available for BMPs if construction is
initiated prior to submission of an application for financial assistance,
unless a letter of no prejudice has been issued by the Commission as provided
in subsection (e).
(e)
Letters of no prejudice. Exceptions to the general prohibition
against initiation of construction prior to consideration by the Commission may
be made when circumstances require immediate plan implementation to proceed
before an application for financial assistance can be submitted to the
Commission. Circumstances that would require immediate plan implementation and
therefore appropriate for consideration by the Commission for a letter of no
prejudice, must relate to acute failures or malfunctions of practices where
immediate implementation is necessary to address significant environmental
degradation. In this case, a potential applicant may apply to the Commission
for a letter of no prejudice wherein the Commission agrees to consider a future
application for financial assistance without limitation or prejudice even if
project construction has begun at the time of the future application for
financial assistance. The application for a letter of no prejudice must set
forth, in detail, the exact reason or reasons a letter of no prejudice is
necessary and should be granted. The application for and approval of a letter
of no prejudice must occur prior to the start of project construction. If the
Commission issues a letter of no prejudice, project construction can begin
without jeopardizing or benefiting a future application.
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