14. The purpose of this upgrading was to protect the waters of the Susquehanna River. (U)
15. The upgrading took the form of a planning, design, and construction project, hereinafter for reference purposes only sometimes referred to as "Project No. 420486", "Project No. C-420486", or "Project WPC Pa. 486". (U)
16. This construction project to upgrade the WSA's facilities undertaken by the WSA and for which the WSA was responsible was solely the WSA's construction project.
17. The WSA, not DER, designed and planned Project No. 420486, contracted with the engineers for this project, and entered into the construction contracts with the contractors.
18. The WSA, not DER, was responsible for the day-to-day operations of and general supervision of Project No. 420486.
19. The WSA, not DER, had both the direct and ultimate financial responsibility for Project No. 420486 and for complying with the order to upgrade its sewage treatment facilities.
20. The cost of Project No. 420486 was $ 4,094,752.86. (U)
21. The "eligible costs" of Project No. 420486 were $ 4,060,752.86. (U)
22. "Eligible costs" as used herein means costs which can be included for federal construction grant participation. (U)
23. The WSA applied for a federal construction grant under § 8(b) of the Federal Water Pollution Control Act, P.L. 84-660, for its construction Project No. 420486.
24. The WSA applied for state grant funds under the Pennsylvania Land and Water Conservation and Reclamation Act, Act No. 443 of 1968, 32 P.S. §§ 5101 et seq., in particular, under 32 P.S. § 5116 (hereinafter referred to as "Act 443"). (U)
25. The WSA originally applied for and was awarded a grant in the amount not to exceed $ 851,600.00 from the DER. (U)
26. At the time the state grant of $ 851,600.00 was made, § 206(a) had not yet been enacted. (U)
27. The WSA's grant was later adjusted, because the actual construction costs of the project were less than the amount estimated at the time of the application, to $ 802,400.00. (U)
28. The WSA received $ 802,400.00 in state grant funds under Act 443. This was the full amount authorized by the grant offer. (U)
29. The WSA's state grant was awarded under Act 443, in particular, under 32 P.S. § 5116. (U)
30. The WSA's state grant contained, inter alia, the following Terms of Offer:
1. In the event the actual cost of the project is less than the estimated cost upon which the grant offer is based, such actual cost shall be used to determine the amount of the state grant and the grant shall be reduced as necessary.