Section Env-Dw 1407.12 - Approval of Project Modifications(a) Subject to (b) and (c), below, the department shall approve a request submitted pursuant to Env-Dw 1407.11 if: (1) The scope of the project as modified is consistent with the original intent of the financial assistance;(2) The project as modified will not cause the water system to be out of compliance with the federal SDWA, 40 CFR Parts 141, 142, and 143, RSA 485, and applicable rules in subtitle Env-Dw; and(3) If additional PFAS RLF funds are requested, then: a. The increased cost is approvable under the criteria established in Env-Dw 1407.06(e); andb. The fund has sufficient monies available at the time the request is filed to cover the proposed cost increase. (b) The department shall review the request and notify the recipient and resident project representative as soon as practicable considering the scope of the request.(c) A change of project scope, such as the addition of new construction items, shall not be eligible for additional funding after loan closing unless one of the following conditions are met: (1) The change of scope is necessary due to an inadvertent oversight, and is needed to provide an operable water system and not to replace faulty construction or equipment already funded; or(2) The change of scope is necessary due to changes in federal or state requirements.(d) The amount of funding provided from the PFAS RLF shall be increased only by a formal amendment in writing with the department, with governor and council approval.N.H. Admin. Code § Env-Dw 1407.12
Derived from Volume XLI Number 6, Filed February 11, 2021, Proposed by #13164, Effective 1/26/2021, Expires 1/26/2031.