25 Pa. Code § 72.44 - Reimbursement
(a) Reimbursement
may not exceed the total program cost minus total program income.
(b) Except as provided in subsection (c) the
Department will reimburse local agencies to the extent of the appropriations
made by the General Assembly for that purpose. Reimbursement shall be made
annually in an amount equal to 1/2 of eligible expenses of administering and
enforcing sections 7, 8, 12, 13, 13.1, 14, 15 and 16 of the act (35 P.S.
§§
750.7,
750.8,
750.12,
750.13,
750.13a and
750.14-750.16), as defined by
subsections (h)-(j).
(c) A local
agency complying with the act in a manner deemed satisfactory by the Department
will be reimbursed in an amount equal to 85% of the cost of the expenses
incurred in the administration and enforcement of the act from funds
specifically appropriated by the General Assembly for this purpose if the local
agency submits documentation which supports that it qualifies for the increased
reimbursement as provided in subsection (d). Eligible expenses are defined in
subsections (h)-(j).
(d) To qualify
for 85% reimbursement, a local agency shall:
(1) Document the acceptance, delegation or
transfer of the administration of sections 7, 8, 12, 13, 13.1, 14, 15 and 16 of
the act from one or more municipalities.
(2) Employ or contract with at least one
sewage enforcement officer actively engaged in activities related to the
administration of the act in that local agency at least 1,200 hours per year,
including leave and holidays.
(3)
Employ or contract with adequate administrative support staff.
(4) Employ or contract with one alternate
sewage enforcement officer.
(5)
Employ or contract with a qualified soil scientist.
(6) Submit to the Department for review and
comment administrative procedures, permit procedures, ordinances of the member
municipalities related to the administration of the act, rules, regulations,
permit-related fee schedules and contracted services proposed for use in the
local agency.
(7) Employ or have a
contractual arrangement with sufficient technical staff to provide for local
agency response to signed written requests for service within the time frames
established by the administrative procedures and regulations of the local
agency.
(e) Applications
for reimbursement shall be in quadruplicate, on the appropriate form supplied
by the Department, and received by the Department of Environmental Protection,
Post Office Box 8466, Harrisburg, Pennsylvania 17105-8466, no later than March
1 each year for expenses incurred during the prior calendar year. Upon cause
shown, the Secretary may extend the March 1 deadline for the filing of
applications for reimbursement for not more than 60 days.
(f) Applications for reimbursement shall
include the following:
(1) An itemized
statement in the form of an employe time and activity record.
(2) A report of total fees, fines and other
money collected by the local agency during the calendar year in the enforcement
of the act.
(3) The Department
central file copies of the Application for Sewage Disposal System permit
denials, final inspections and expirations during the prior calendar
year.
(4) Municipal ordinances,
acts, regulations or procedures used in enforcing the act for local agencies
applying for reimbursement for the first time or when major changes are
made.
(5) Copies of additions,
deletions and amendments made during the preceding calendar year to municipal
ordinances, acts or procedures used in enforcing the act.
(6) Proof of payment of expenses claimed, as
specified in subsection (k).
(7) A
copy of the schedule of fees charged to the permit applicant.
(g) An employe time and activity
record shall be kept by the local agency. This is an itemized record noting the
employe's name, the date of duty and application number for each task
performed, the complaint or malfunction investigated, related administrative or
clerical duties performed, hours spent, miles travelled and applicable hourly
rate of pay, not including fringe benefits.
(h) Costs associated with the following are
eligible for reimbursement, when related to enforcement and administration of
the sewage facilities permitting program:
(1)
Permit application processing activities, including soil evaluation and testing
procedures.
(2) Administrative,
management or clerical activities.
(3) Postage, office supplies and
duplicating.
(4) Nonmechanically
powered tools for the sewage enforcement officer's use.
(5) Costs of purchasing office equipment and
maintaining offices, including building maintenance and utilities prorated on
an equitable basis with other services.
(6) Employer costs for social security,
workers' compensation, unemployment compensation and the following fringe
benefits:
(i) Health care.
(ii) Pension programs.
(iii) Life insurance.
(iv) Errors and omissions insurance written
specifically and billed separately to cover the sewage enforcement officer's
enforcement responsibilities where the defense of official immunity, under
42 Pa.C.S. §
8546
(relating to defense of official immunity), is not applicable to the sewage
enforcement officer.
(7)
Mileage expenses at the Commonwealth rate for application processing, complaint
and malfunction investigations, and required Department training courses or
other related meetings or functions required by the Department. The
reimbursement of mileage expenses at the Commonwealth rate includes the cost to
maintain automotive insurance coverage, and shall be the exclusive means for
reimbursement of the costs.
(8)
Expenses for sewage enforcement officers to attend required Department training
courses or other related meetings or functions required by the Department
including:
(i) Regular rate of pay for the
actual hours of attendance at the course.
(ii) Lodging, meals and subsistence at the
Commonwealth rate when the course is outside a 50-mile radius of both the
sewage enforcement officer's place of employment and residence and no course
has been scheduled within that 50-mile radius.
(9) Chemical and bacteriological supplies and
analysis for confirming violations.
(10) The legal daily rate and mileage
expenses for subpoenaed witnesses at a hearing.
(11) Legal services costs incurred for:
(i) Prosecuting or restraining violations and
defending against appeals.
(ii)
Preparing ordinances consistent with and necessary for enforcement of the act
and this part.
(iii) Preparing for
and conducting hearings.
(12) The legal daily rate and mileage
expenses for subpoenaed witnesses at a hearing before a magistrate, when the
witnesses are essential to substantiate a violation.
(13) Fees for special consultants retained by
the local agency for technical consultation on specific permits.
(14) Investigations and inspections related
to complaints and malfunctions.
(i) Costs associated with the staffing and
administration of a sewage management program under Chapter 71, Subchapter E
(relating to sewage management programs) are eligible costs.
(g) Ineligible costs include, but are not
limited, to the following:
(1) Retainer
fees.
(2) Legal fees resulting from
an appeal or suit against the Commonwealth.
(3) Expenses for use of earth moving or
excavating equipment.
(4) Clothing
purchase or allowance.
(5)
Development or duplication of maps.
(6) Payment for surveillance activities by
employes other than sewage enforcement officers.
(7) Sewage enforcement officer certification
or renewal fees and other related expenses, such as mileage and travel expenses
to the certification examination.
(8) Activities and costs associated with
improper administration of the act.
(9) Cost to the local agency to maintain
insurance coverage in the following areas:
(i)
Errors and omissions except as provided in subsection (h)(6)(iv).
(ii) Liability.
(10) Expenses for activities resulting from
the submission of additional information to supplement a reimbursement
application or from activities performed as a result of a Department
audit.
(11) Expenses for employe
attendance at local agency meetings which do not pertain to administration of
section 7, 8, 12, 13, 13.1, 14, 15 or 16 of the act.
(12) Fixed or indirect costs other than those
in subsection (h)(5).
(k)
Proof of payment of expenses claimed shall, at a minimum, include the
following:
(1) Payroll records or copies of
both sides of cancelled checks stating the gross amount paid or a statement
from the sewage enforcement officer certifying that he has received salaries or
wages from the municipality of which he is a full-time employe.
(2) One copy of the time and activity record
or receipted itemized invoices.
(3)
Proof of attendance at training courses required by the Department.
Reimbursable expenses for attendance at the courses shall be identified
separately under "other expenses" in the reimbursement application.
(4) Copies of hotel receipts for overnight
lodging.
(5) Minutes of local
agency meetings for which employe attendance is claimed as a reimbursable
expense which reflect discussions involving the administration of section 7, 8,
12, 13, 13.1, 14, 15 or 16 of the act.
(l) The Department may withhold reimbursement
for falsification of information included in or submitted in support of the
application, or for intentional omission of information required to be
submitted with the application.
Notes
The provisions of this § 72.44 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. §§ 691.1-691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
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