25 Pa. Code § 963.4 – Applicant eligibility.

(a) An owner or operator of a facility or system for the collection, treatment or disposal of wastewater, including industrial wastewater, or an owner or operator of a facility or system for the collection, treatment, storage or distribution of drinking water, is an eligible project sponsor and may apply for financial assistance. The owner or operator shall be a public or private entity, including a person, corporation, partnership, association, municipal authority or governmental unit who has legal and financial responsibility for the project during the term of the financial assistance provided by the Authority.
(b) If the applicant is a lessee or operator, the applicant shall apply jointly with the facility or system owner for financial assistance.
(c) A municipality that is not an owner, operator or lessee may sponsor a project and apply for financial assistance from the Authority if the following conditions are met:
1. (1) The applicant pledges sufficient collateral, provides sufficient guarantees or otherwise makes financial provisions to assure the Authority, to its satisfaction, that a loan it makes to the applicant will be repaid or that a loan or bond guarantee it provides the applicant will not be compromised.
2. (2) The applicant enters into agreements with the operator of the project being financed by the Authority and a larger system of which it is a part, to assure the competent, professional operation of the project and system, as well as compliance with section 10(j) of the act (35 P. S. § 751.10(j)) as implemented in § 963.19 (relating to continuing education of system operators).