(a) Subject to (b) and (c), below, the department shall approve a request submitted pursuant to Env-Wq 510.09 if:
- (1) The scope of the project as modified is consistent with the original intent of the financial assistance; and
- (2) If additional CWSRF funds are requested, the increased cost is approvable under the criteria established in Env-Wq 505.
- (b) The department shall review the request and notify the recipient and resident project representative and consulting engineer, if any, 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 oversight, and is needed to provide a functional end result 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 CWSRF shall be increased only by a formal amendment in writing with the department, with governor and council approval.
Source. (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22