Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM › Subpart D - LOAN ISSUANCE, AUDITING, AND RECORDKEEPING › Section 365.460 - Loan Closing and Issuance of Final Loan Amendment

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency shall conduct a project review
				to ensure that all applicable loan conditions have been satisfied. After the
				final loan disbursement has been made and the project is complete, the loan
				recipient shall initiate the loan closing process by submitting the following
				to the Agency:
1) A release discharging the
				State of Illinois, its officers, agents, and employees from all liabilities,
				obligations, and claims arising out of the project work or under the loan,
				subject only to exceptions specified in the release.
2) A final waiver from the contractor and a
				Certification of Payment that all bills have been paid.
3) The Certificate Regarding O & M, on
				forms prescribed by the Agency that certifies the following:
A) Training pertaining to the proper
				operation and maintenance of the equipment and process units included in the
				project has been provided;
B) An
				operation and maintenance reference library is available and includes, but is
				not limited to, the following:
i)
				Manufacturer's literature, shop drawings, and warranties;
ii) The plans of record with valve indices
				for the equipment and process units included in the project. For mechanical
				wastewater treatment plants, the valve index shall include a listing of valve
				positions for each possible alternate flow configuration including by-passing
				of individual treatment processes and units and recommended configurations for
				emergency conditions that could reasonably be expected to occur; and
C) That the loan applicant employs
				or contracts the services of a certified operator pursuant to 35 Ill. Adm. Code
				380.
4) If the loan
				project includes insurable structures that will be located within a designated
				floodplain area as defined in the National Flood Insurance Act of 1968 ( 42 USC
				4001-4127 ), written evidence that the loan recipient is participating in the
				National Flood Insurance Program or that construction areas have received
				official exclusion from the flood insurance requirements by the Federal
				Emergency Management Agency.
A) The loan
				recipient (or the construction contractor, as appropriate) shall acquire any
				flood insurance made available to it under the National Flood Insurance Act of
				1968, as amended, and maintain the insurance for the entire useful life of the
				insurable structures.
B) The amount
				of insurance required shall be the lesser of the total project cost, excluding
				facilities that are uninsurable under the National Flood Insurance Program, or
				the maximum limit of coverage made available to the loan recipient under the
				National Flood Insurance Act of 1968.
C) The required insurance premium for the
				period of construction under this subsection (a)(4) shall be for an eligible
				project cost under Section
				365.430 (Loan
				Eligible Costs).
5) For
				a project constructed to repair, replace or expand a treatment works that is
				eligible for assistance under Section
				365.130(a),
				the public loan recipient shall certify in writing that the public loan
				recipient has developed and implemented a fiscal sustainability plan that
				includes the requirements in Section
				365.350(a)(7).
6) Within 30 days after completion of project
				construction, the loan recipient shall submit, in writing to the Agency, the
				final change order, along with the contractor's final costs, and the plans of
				record. After receipt, the Agency may schedule a final onsite inspection
				provided that all necessary change orders have been submitted and
				approved.