415 ILCS 5/58.14
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title XVII - Site Remediation Program

Sec. 58.14. Environmental Remediation Tax Credit review.(a) Prior to applying for the Environmental Remediation Tax Credit under  Section 201 of the Illinois Income Tax Act, Remediation Applicants shall first  submit to the Agency an application for review of remediation costs. The  application and review process shall be conducted in  accordance with the requirements of this Section and the rules  adopted under  subsection (g).  A preliminary review of the estimated remediation costs for  development and implementation of the Remedial Action Plan may be obtained in  accordance with subsection (d).(b) No  application for review shall be submitted until a No Further Remediation Letter  has been issued by the Agency and recorded in the chain of title for the site  in accordance with Section 58.10.  The Agency shall review the application to  determine whether the costs submitted are remediation costs, and whether the  costs incurred are reasonable.  The application shall be on forms prescribed  and provided by the Agency.  At a minimum, the application shall include the  following:(1) information identifying the Remediation Applicant     and the site for which the tax credit is being sought and the date of acceptance of the site into the Site Remediation Program;(2) a copy of the No Further Remediation Letter with     official verification that the letter has been recorded in the chain of title for the site and a demonstration that the site for which the application is submitted is the same site as the one for which the No Further Remediation Letter is issued;(3) a demonstration that the release of the regulated     substances of concern for which the No Further Remediation Letter was issued were not caused or contributed to in any material respect by the Remediation Applicant.  After the Pollution Control Board rules are adopted pursuant to the Illinois Administrative Procedure Act for the administration and enforcement of Section 58.9 of the Environmental Protection Act, determinations as to credit availability shall be made consistent with those rules;(4) an itemization and documentation, including     receipts, of the remediation costs incurred;(5) a demonstration that the costs incurred are     remediation costs as defined in this Act and its rules;(6) a demonstration that the costs submitted for     review were incurred by the Remediation Applicant who received the No Further Remediation Letter;(7) an application fee in the amount set forth in     subsection (e) for each site for which review of remediation costs is requested and, if applicable, certification from the Department of Commerce and Economic Opportunity that the site is located in an enterprise zone;(8) any other information deemed appropriate by the     Agency.(c) Within 60 days after receipt by the Agency of an application meeting  the requirements of subsection (b), the Agency shall issue a letter to the  applicant approving, disapproving, or modifying the remediation costs submitted  in the  application.  If the remediation costs are approved as submitted, the Agency's  letter shall state the amount of the remediation costs to be applied toward the  Environmental Remediation Tax Credit.  If an application is disapproved or  approved with modification of remediation costs, the Agency's letter shall set  forth the reasons for the disapproval or modification and state the amount of  the remediation costs, if any, to be applied toward the Environmental  Remediation Tax Credit.If a preliminary review of a budget plan has been obtained under  subsection (d), the Remediation Applicant may submit, with the  application and supporting documentation under subsection (b), a copy of the  Agency's final determination accompanied by a certification that the actual  remediation costs incurred for the development and implementation of the  Remedial Action Plan are equal to or less than the costs approved in the  Agency's final determination on the budget plan.  The certification shall be  signed by the Remediation Applicant and notarized.  Based on that submission,  the Agency shall not be required to conduct further review of the costs  incurred for development and implementation of the Remedial Action Plan and may  approve costs as submitted.Within 35 days after receipt of an Agency letter disapproving or  modifying an application for approval of remediation costs, the Remediation  Applicant may appeal the Agency's decision to the Board in the manner provided  for the review of permits in Section 40 of this Act.(d) (1) A Remediation Applicant may obtain a preliminary     review of estimated remediation costs for the development and implementation of the Remedial Action Plan by submitting a budget plan along with the Remedial Action Plan.  The budget plan shall be set forth on forms prescribed and provided by the Agency and shall include but shall not be limited to line item estimates of the costs associated with each line item (such as personnel, equipment, and materials) that the Remediation Applicant anticipates will be incurred for the development and implementation of the Remedial Action Plan.  The Agency shall review the budget plan along with the Remedial Action Plan to determine whether the estimated costs submitted are remediation costs and whether the costs estimated for the activities are reasonable.(2) If the Remedial Action Plan is amended by the     Remediation Applicant or as a result of Agency action, the corresponding budget plan shall be revised accordingly and resubmitted for Agency review.(3) The budget plan shall be accompanied by the     applicable fee as set forth in subsection (e).(4) Submittal of a budget plan shall be deemed an     automatic 60-day waiver of the Remedial Action Plan review deadlines set forth in this Section and its rules.(5) Within the applicable period of review, the     Agency shall issue a letter to the Remediation Applicant approving, disapproving, or modifying the estimated remediation costs submitted in the budget plan.  If a budget plan is disapproved or approved with modification of estimated remediation costs, the Agency's letter shall set forth the reasons for the disapproval or modification.(6) Within 35 days after receipt of an Agency letter     disapproving or modifying a budget plan, the Remediation Applicant may appeal the Agency's decision to the Board in the manner provided for the review of permits in Section 40 of this Act.(e) The fees for reviews conducted under this Section are in addition to any  other fees or payments for Agency services rendered pursuant to the Site  Remediation Program  and shall be as follows:(1) The fee for an application for review of     remediation costs shall be $1,000 for each site reviewed.(2) The fee for the review of the budget plan     submitted under subsection (d) shall be $500 for each site reviewed.(3) In the case of a Remediation Applicant submitting     for review total remediation costs of $100,000 or less for a site located within an enterprise zone (as set forth in paragraph (i) of subsection (l) of Section 201 of the Illinois Income Tax Act), the fee for an application for review of remediation costs shall be $250 for each site reviewed. For those sites, there shall be no fee for review of a budget plan under subsection (d).The application fee shall be made payable to the State of Illinois, for  deposit into the Hazardous Waste Fund.Pursuant to appropriation, the Agency shall use the fees collected under this  subsection for development and  administration of the review program.(f) The Agency shall have the authority to enter into any contracts or  agreements that may be necessary to carry out its duties and responsibilities  under this Section.(g) Within 6 months after July 21, 1997, the Agency shall propose rules prescribing procedures  and standards for its administration of this Section.  Within 6 months after  receipt of the Agency's proposed rules, the Board shall adopt on second notice,  pursuant to Sections 27 and 28 of this Act and the Illinois Administrative  Procedure Act, rules that are consistent with this Section.  Prior to the  effective date of rules adopted under this Section, the Agency may conduct  reviews of applications under this Section and the Agency is further authorized  to distribute guidance documents on costs that are eligible or ineligible as  remediation costs.       (Source: P.A. 94-793, eff. 5-19-06; 94-1021, eff. 7-12-06; 95-454, eff. 8-27-07.)