Section 83.148. Additional funding for failed BMPs

(a) The Commission may disperse additional Financial Assistance Funding Program funds in excess of the $30,000 per landowner State fund limit set forth in § 83.145(f) (relating to district responsibilities).

(b) The additional funds shall be used solely for the correction of BMPs that fail to perform as intended due to design errors or other errors in judgment by district engineers, district technicians, SCS engineers or SCS technicians while overseeing the construction of a BMP. The Commission may fund up to 100% of the costs to reconstruct or repair the BMP, whichever is less. The Commission will not fund the repair or reconstruction of a failed BMP caused by experimental or nonstandard design or construction.

(c) The Department will appoint a fact-finding team comprised of representatives of SCS, the Department and the affected district to investigate and determine the reason for failure of a BMP and its eligibility for additional funding for appropriate corrective measures.

(d) The Commission will prepare an annual report indicating the number of BMP investigations conducted, the kinds of corrective measures instituted and the number, cost and county location of restored practices.

The provisions of this § 83.148 adopted July 4, 1986, effective July 5, 1986, 16 Pa.B. 2404; amended December 2, 1994, effective December 3, 1994, 24 Pa.B. 5987. Immediately preceding text appears at serial page (189764).

Notation

Cross References

This section cited in 25 Pa. Code § 83.145 (relating to district responsibilities).