TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 663 PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT
SECTION 663.170 WAIVER OF PROCEDURES


 

Section 663.170  Waiver of Procedures

 

a)         Except as provided in subsection (b) or otherwise required by law, the Director may waive any of the loan procedures, either in whole or in part, by a written statement to the loan recipient, either as a special condition of the loan or otherwise, provided the Director finds that the procedure or requirement to be waived is not necessary to ensure the integrity of the project, will not reduce a recipient's ability to repay the loan to the Agency, and will not, in general, weaken the financial position of the PWSLP.  The waiver may be subject to such additional conditions as the Director deems necessary.

 

b)         In addition to all federal requirements, these procedures will not be waived:

 

1)         Section 663.210 (Fixed Loan Rate);

 

2)         Section 663.240 (Restructuring);

 

3)         Section 663.320 (Project Plan);

 

4)         Section 663.330 (State Environmental Review);

 

5)         Section 663.340 (Project Priority List);

 

6)         Section 663.350(a)(9) (Ability to Repay);

 

7)         Section 663.470 (Ongoing Auditing and Monitoring of Financial Capability);

 

8)         Section 663.620(f)(3) (Wage Provisions);

 

9)         Section 663.620(f)(4) (Disadvantaged Business Enterprise Requirements);

 

10)       Section 663.620(f)(5) (Debarment and Suspension Certification);

 

11)       Section 663.630(a)(1) (Disadvantaged Business Enterprise Requirements); and

 

12)       Section 663.630(a)(4) (Debarment and Suspension Certification).