reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart D - LOAN ISSUANCE, AUDITING, AND RECORDKEEPING › Section 663.460 - 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) 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 final number
				and addresses of lead service lines replaced.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart D - LOAN ISSUANCE, AUDITING, AND RECORDKEEPING › Section 663.470 - Ongoing Auditing and Monitoring of Financial Capability

Current through Register Vol. 48, No. 28, July 12, 2024
a) The loan recipient shall maintain books,
				records, documents, reports, and other evidentiary material in accordance with
				generally accepted accounting principles and shall be subject to inspection and
				audit by the Agency or its authorized representative.
b) For purposes of this Section, records
				shall include, but not be limited to, the following:
1) Documentation of the receipt and
				disposition by the loan recipient of all financial assistance received for the
				project, including both State financial assistance and any matching share or
				cost sharing; and
2) Documentation
				of the costs charged to the project, including all direct and indirect costs of
				whatever nature incurred for the performance of the project for which the loan
				has been provided.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart E - DELINQUENT LOAN REPAYMENTS AND NONCOMPLIANCE › Section 663.510 - Delinquent Loan Repayments

Current through Register Vol. 48, No. 28, July 12, 2024
a)
In the event that a timely payment is not made by a loan recipient
				according to the loan schedule of repayment, the loan recipient shall notify
				the Agency in writing within 15 days after the payment due date. The
				notification shall include a statement of the reasons the payment was not
				timely tendered, the circumstances under which the late payments will be
				satisfied, and binding commitments to assure future payments. After receipt of
				this notification, the Agency shall confirm in writing the acceptability of the
				plan or take action in accordance with subsection (b).
b)
In the event that a loan recipient
				fails to comply with subsection (a), the Agency shall promptly issue a notice
				of delinquency to the loan recipient which shall require a written response
				within 15 days. The notice of delinquency shall require that the loan recipient
				revise its rates, fees and charges to meet its obligations or take other
				specified actions as may be appropriate to remedy the delinquency and to assure
				future payments.
c)
In the event that the loan recipient fails to timely or adequately
				respond to a notice of delinquency, or fails to meet its obligations made
				pursuant to subsections (a) and (b), the Agency shall pursue the collection of
				the amounts past due, the outstanding loan balance and the costs thereby
				incurred, either pursuant to the Illinois State Collection Act of 1986
[30 ILCS
				210 ]
or by any other reasonable means as may
				be provided by law, including the taking of title by foreclosure or otherwise
				to any project or other property pledged, mortgaged, encumbered, or otherwise
				available as security or collateral.
[415 ILCS
				5/19.6 ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart E - DELINQUENT LOAN REPAYMENTS AND NONCOMPLIANCE › Section 663.520 - Noncompliance with Loan Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) In the event of noncompliance with any
				condition or obligation arising out of the loan, the Director may take any
				necessary action as provided by law or by the loan agreement against the loan
				recipient including, but not limited to, one or more of the following actions:
1) Commence legal action in a court of
				competent jurisdiction;
2) Declare
				all amounts under the loan immediately due and payable, enforce any security,
				and recover all loan funds;
3)
				Terminate the loan pursuant to Section
				663.540;
4) Suspend all or part of the project work
				pursuant to Section 663.530;
5) Reduce the amount of the loan by the
				amount of misused funds; or
6)
				Unilaterally adjust the fixed loan rate of the loan agreement to the current
				market interest rate.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart E - DELINQUENT LOAN REPAYMENTS AND NONCOMPLIANCE › Section 663.530 - Stop-Work Order

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				the event of any violation of this Part or noncompliance with the terms of the
				loan agreement, the Agency may, by written order, require the loan recipient to
				stop all or any part of the project work for a period of not more than 30 days
				after the date of the order, and for any further period to which the parties
				may agree. Any such order shall include a list of the project activities to
				which it applies. Upon receipt of a stop-work order, the loan recipient shall
				immediately comply with its terms and shall minimize the incurrence of costs
				allocable to the work covered by the order during the period of work stoppage.
				Within 30 days after the date of the stop-work order, or within the period of
				any extension to which the parties have agreed, the Agency shall:
1) Cancel the stop-work order upon resolution
				of the violation or cause leading to that stop-work order; or
2) Terminate the work covered by the
				stop-work order as provided in Section
				663.540(a).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart E - DELINQUENT LOAN REPAYMENTS AND NONCOMPLIANCE › Section 663.540 - Termination

Current through Register Vol. 48, No. 28, July 12, 2024
a) Loan Termination
				by the Agency
1) The Agency, by written
				notice to the loan recipient, may terminate the loan in whole or in part. Cause
				for termination shall include, but not be limited to, the following:
A) failure by the loan recipient to comply
				with the terms and conditions of the loan;
B) after 10 days written notice from the
				Agency, failure by the loan recipient or any of its contractors or
				subcontractors to provide access as required by Section
				663.620(i);
C) after 10 days written notice from the
				Agency, failure of the loan recipient or its contractors or subcontractors to
				make records available to the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart F - REQUIREMENTS APPLICABLE TO SUBAGREEMENTS › Section 663.610 - Requirements for Subagreements

Current through Register Vol. 48, No. 28, July 12, 2024
The intent of this Subpart is to provide for maximum open and
				  free competition in the procurement of materials, goods and services for the
				  construction of projects funded from the PWSLP. Any procurement method, except
				  as allowed under this Part, that significantly minimizes open and free
				  competition will be prohibited. The following procedures shall apply to
				  subagreements:
a) Local Preference
Local laws, ordinances, regulations, or procedures that are
				  designed to or operate to give local or in-state bidders or proposers
				  preference over other bidders or proposers shall not be used in evaluating bids
				  or proposals for subagreements under PWSLP loans.
b) Profits
Only fair and reasonable profits may be earned by contractors
				  in subagreements under PWSLP loans. Profit included in a formally advertised,
				  competitively bid, fixed price construction contract awarded pursuant to
				  Section 663.620 (Construction Contracts)
				  is presumed to be reasonable. If a subagreement is not competitively bid, the
				  loan recipient shall submit to the Agency its basis for determination of
				  reasonable profit.
c) Loan
				Recipient Responsibility
The loan recipient shall be responsible for the
				  administration and successful accomplishment of the project for which PWSLP
				  loan assistance is provided. The loan recipient shall be responsible for the
				  settlement and satisfaction of all contractual and administrative issues
				  arising out of subagreements, including, but not limited to, issuance of
				  invitations for bids or requests for proposals, selection of contractors, award
				  of contracts, protests of award, claims, disputes, and other procurement
				  matters. With the prior written consent of the Agency, these functions may be
				  performed for the loan recipient by an individual or firm retained for that
				  purpose. The individual or firm shall be deemed the loan recipient's agent and
				  shall be subject to all the provisions of the loan agreement and all the
				  provisions of this Part that apply to the loan recipient.
d) Privity of Contract
Neither the Agency nor the State of Illinois shall be a party
				  to any subagreement (including contracts or subcontracts) or to any
				  solicitation or request for proposals under those subagreements.
e) Subagreements shall:
1) Be directly related to the accomplishment
				of the loan recipient's approved work program;
2) Be in the form of an executed written
				agreement (except for small purchases of $25,000 or less);
3) Be for monetary or in-kind consideration;
				and
4) Not be in the nature of a
				grant or gift.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart F - REQUIREMENTS APPLICABLE TO SUBAGREEMENTS › Section 663.620 - Construction Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
The following procedures shall apply to construction
				  contracts (subagreements) awarded by loan recipients for the construction phase
				  only. They shall not apply to personal and professional service
				  contracts.
a) Each construction
				contract shall be awarded after formal advertising, unless negotiation is
				permitted in accordance with Section
				663.610(i).
b) The bid advertisement shall notify the
				bidders that the procurement will be subject to the following requirements:
1) This Part;
2) The Davis-Bacon Act (40 U.S.C. 3141
				through 3148) and regulations adopted
				under that Act by the US Department of Labor;
3) The Employment of Illinois Workers on
				Public Works Act [30 ILCS 570 ];
4) The Participation by Disadvantaged
				Business Enterprises in United States Environmental Protection Agency Programs
				(40 CFR
				33);
5) The use of American iron and steel as
				required by Sec. 1452(a)(4) of the federal Safe Drinking Water Act
				(42 U.S.C.
				300j-12(a)(4)), as
				applicable;
6) The Build America
				Buy America Act (BABA Act) at
				Public Law
				117-58,
				Sections
				70901 through 70952 (41 U.S.C.
				8301 note), as applicable; and
7) Any applicable federal or State executive
				orders.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart F - REQUIREMENTS APPLICABLE TO SUBAGREEMENTS › Section 663.650 - Disputes

Current through Register Vol. 48, No. 28, July 12, 2024
a) Only the loan
				recipient may appeal to the Agency in its own name and for its own benefit,
				under the disputes provision of a loan, with respect to its subagreements.
				Neither a contractor nor a subcontractor may prosecute an appeal under the
				disputes provision in its own name or interest.
b) Any dispute arising under the loan that is
				not disposed of by agreement shall be decided by the Director, or an authorized
				representative, who shall render a decision in writing and mail or otherwise
				furnish it to the loan recipient. The decision of the Director shall be in
				accordance with this Part and shall be final and conclusive.
c) The disputes provision shall not preclude
				the Director from considering questions of law in any decision.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart F - REQUIREMENTS APPLICABLE TO SUBAGREEMENTS › Section 663.660 - Indemnity

Current through Register Vol. 48, No. 28, July 12, 2024
The loan recipient shall assume the entire risk,
				  responsibility, and liability for all loss or damage to property owned by the
				  loan recipient, the Agency, or third persons, and for any injury to or death of
				  any persons (including employees of the loan recipient) caused by, arising out
				  of, or occurring in connection with the execution of any work, contract, or
				  subcontract arising out of the PWSLP loan. The loan recipient shall indemnify,
				  save harmless, and defend the State of Illinois and the Agency from all claims
				  for loss, damage, injury, or death, whether caused by the negligence of the
				  State of Illinois, the Agency, their agents or employees, or otherwise,
				  consistent with the provisions of Section 1 of the Construction Contract
				  Indemnification for Negligence Act [740 ILCS 35
				  ]. The loan recipient shall require that all its contractors and subcontractors
				  agree in writing that they will look solely to the loan recipient for
				  performance of the contract or satisfaction of all claims arising under the
				  contract.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart F - REQUIREMENTS APPLICABLE TO SUBAGREEMENTS › Section 663.670 - Covenant Against Contingent Fees

Current through Register Vol. 48, No. 28, July 12, 2024
The loan recipient shall warrant that no person or agency has
				  been employed or retained to solicit or secure a PWSLP loan upon an agreement
				  or understanding for a commission, percentage, brokerage, or contingent fee.
				  For breach or violation of this warranty, the Agency shall have the right to
				  annul the loan in accordance with Section
				  663.520 or to deduct from the
				  loan, or otherwise recover, the full amount of the commission, percentage,
				  brokerage, or contingent fee.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 663 - PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT › Subpart F - REQUIREMENTS APPLICABLE TO SUBAGREEMENTS › Appendix A - Examples of Eligible Projects and Activities

Current through Register Vol. 48, No. 28, July 12, 2024
Below is a non-exhaustive list of DWSRF-eligible projects and
				  activities under the BIL DWSRF Lead Service Line Replacement (LSLR)
				  capitalization grants. For a project or activity to be eligible for funding
				  under this appropriation, it must be otherwise DWSRF-eligible and be an LSLR
				  project or associated activity directly connected to the identification,
				  planning, design, and replacement of lead service lines. Any project funded
				  under this appropriation involving the replacement of a lead service line must
				  replace the entire lead service line, not just a portion, unless a portion has
				  already been replaced.
* Complete removal of lead service lines (public
				  and privately owned portion) or service lines made of galvanized iron or
				  galvanized steel (that are currently or have previously been downstream of lead
				  components) and replacement with a pipe that meets the requirements established
				  under 40 CFR
				  143 and which complies with State and local
				  plumbing codes and or building codes.
* Removal of lead or galvanized goosenecks,
				  pigtails, and connectors, and replacement with an acceptable material that
				  meets the requirements established under
				  40 CFR
				  143 and which complies with State and local
				  plumbing codes and or building codes.
* Replacement of curb stops, curb stop boxes, and
				  other service line appurtenances that are removed as part of full LSLR.
* Site restoration, including landscaping,
				  sidewalks, driveways, etc., if the removal was necessary to replace the lead
				  service line.
* Permit fees if the fees are normal, required,
				  and specific to the LSLR. It is recommended that communities waive these
				  fees.
* Temporary pitcher filters or point-of-use (POU)
				  devices certified by an American National Standards Institute-accredited
				  certifier to reduce lead during or for a short time period after LSLR
				  projects.
* Development or updating of lead service line
				  inventories, including locating and mapping lead service lines. Methods of
				  investigation to develop inventories could include visual observation, water
				  quality sampling (non-compliance), excavation, vacuum or hydro-excavation,
				  statistical analysis, or other emerging technologies.
* Planning and design for infrastructure projects
				  listed above.
* Non-routine lead sampling (if not for compliance
				  purposes) as part of a LSLR project.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 670 - MINIMAL HAZARD CERTIFICATION › Subpart A - GENERAL › Section 670.101 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) Section 14.5(a)
				of the Illinois Environmental Protection Act ("Act") (Ill. Rev. Stat. 1991, ch.
				111 1/2, par. 1014.5(a) ) [415 ILCS
				5/14.5(a) ] requires the Illinois
				Environmental Protection Agency ("Agency") to administer a certification system
				for sites which represent a minimal hazard with respect to contamination of
				groundwaters by potential primary or potential secondary sources as defined in
				Sections 3.59 and 3.60 of the Act.
b) Section 14.5(a) of the Act requires the
				Agency to develop and make available a minimal hazard certification form and
				guidelines for the use and management of containers and above ground tanks, and
				for the piling of waste.
c) When a
				certification has been provided with respect to which the Agency has made a
				finding of adequacy or has failed to act in a timely manner pursuant to Section
				670.205
				of this Part, the site shall not be subject to the provisions of subsection (d)
				of Section 14.2 or Section14.4 of the Act and regulations adopted thereunder.
				(Section 14.5(d) of the Act)
d)
				Section 14.5(b) of the Act requires that the owner of any site who applies for
				a certification of minimal hazard must demonstrate that the use and management
				of above ground tanks, containers, and waste piles are consistent with
				guidelines adopted by the Agency.
e) The rules set forth in this Part
				constitute the Agency's guidelines for the use and management of above ground
				tanks, containers, and waste piles pursuant to Section 14.5 of the
				Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 670 - MINIMAL HAZARD CERTIFICATION › Subpart A - GENERAL › Section 670.103 - Compliance with the Act, Board Rules, and Permit Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
Containers, above ground tanks, and waste piles must be in
				  compliance with the Act, Board rules, and all conditions contained in permits
				  issued by the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 670 - MINIMAL HAZARD CERTIFICATION › Subpart A - GENERAL › Section 670.105 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of this Part or the application thereof to
				  any person or in any circumstance is adjudged invalid, such adjudication shall
				  not affect the validity of this Part as a whole or any provision thereof not
				  adjudged invalid.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 670 - MINIMAL HAZARD CERTIFICATION › Subpart A - GENERAL › Section 670.106 - Agency Mailing Address

Current through Register Vol. 48, No. 28, July 12, 2024
Each request, report, notice, or other document submitted to
				  the Agency under this Part shall be mailed to the following address:
Division of Public Water Supplies
Bureau of Water
Illinois Environmental Protection Agency
2200 Churchill Road
Post Office Box 19276
Springfield, Illinois 62794-9276
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 670 - MINIMAL HAZARD CERTIFICATION › Subpart A - GENERAL › Section 670.107 - Incorporations by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency incorporates the following materials by
				  reference:
ASTM. American Society for
				Testing and Materials, 1916 Race Street, Philadelphia PA 19103 (215)299-5400
"Standard Test Methods for Flash Point by Pensky-Martens
				  Closed Tester" D93-85.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 670 - MINIMAL HAZARD CERTIFICATION › Subpart B - MINIMAL HAZARD CERTIFICATION SYSTEM › Section 670.201 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart applies to the owner or operator of any new or
				  existing potential primary or secondary source of contamination that is within
				  the setback zone or any regulated recharge area of a potable water supply
				  well.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 670 - MINIMAL HAZARD CERTIFICATION › Subpart B - MINIMAL HAZARD CERTIFICATION SYSTEM › Section 670.203 - Minimal Hazard Certification Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner or operator of any potential
				primary or secondary source identified in Section
				670.201
				may provide a certification to the Agency.
b) If the owner or operator of any potential
				primary or secondary source submits a certification pursuant to subsection (a),
				the owner or operator shall provide the certification in a form as prescribed
				by the Agency in Section 670.Appendix A, if and only if the following
				conditions are met:
1) No on-site
				landfilling, land treating, or surface impounding of waste, other than
				landscape waste or construction and demolition debris, has taken place and such
				circumstance will continue;
2) No
				on-site piles of special or hazardous waste are present and such circumstances
				will continue, and any piling of other wastes which could cause contamination
				of groundwater will be consistent with guidelines developed by the
				Agency;
3) No underground storage
				tanks are present on the site and such circumstances will continue;
4) Use and management of containers and above
				ground tanks will be consistent with guidelines developed by the
				Agency;
5) No on-site release of
				any hazardous substance or petroleum has taken place which was of sufficient
				magnitude to contaminate groundwaters;
6) No more than 100 gallons of either
				pesticides or organic solvents, or 10,000 gallons of any hazardous substances,
				or 30,000 gallons of petroleum, will be present at any time; and
7) Notice has been given to the owner of each
				community water supply well within 1,000 feet of the site. (Section 14.5(b) of
				the Act)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 670 - MINIMAL HAZARD CERTIFICATION › Subpart B - MINIMAL HAZARD CERTIFICATION SYSTEM › Section 670.205 - Agency Review and Confirmation of Certification

Current through Register Vol. 48, No. 28, July 12, 2024
Upon receipt of a certification pursuant to Section
				  670.203,
				  the Agency shall, within 90 days, take one of the following actions:
a) Notify the owner of the site in writing
				that the certification is complete and adequate;
b) Notify the owner of the site in writing
				that the certification is not adequate, including a statement of the reasons
				therefor;
c) Notify the owner of
				the site in writing that a site inspection will be held within 120 days, and
				that following such inspection but still within the 120 day period further
				action will be taken pursuant to subsections (a) and (b) of this
				Section;
d) Notify in writing the
				owner of the site that pursuant to Section17.1 of the Act a county or
				municipality is conducting a groundwater protection needs assessment or the
				Agency is conducting a well site survey which encompasses the site for which
				certification is being processed, and specify a time period, not to exceed a
				total of 180 days from the date of the notice, for consideration of the
				findings from such assessment or survey and by which further action will be
				taken pursuant to subsections (a) and (b) of this Section. (Section 14.5(c) of
				the Act)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 670 - MINIMAL HAZARD CERTIFICATION › Subpart B - MINIMAL HAZARD CERTIFICATION SYSTEM › Section 670.207 - Certification Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
A certification is not adequate if it fails to address each
				  of the conditions required to be met by Section
				  670.203,
				  or if the Agency possesses information which reasonably suggests that any
				  statement made in the certification is inaccurate or incomplete. Action under
				  subsection
				  670.205(a)
				  or (b) shall constitute a final determination
				  of the Agency. (Section 14.5(c) of the Act)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 670 - MINIMAL HAZARD CERTIFICATION › Subpart B - MINIMAL HAZARD CERTIFICATION SYSTEM › Section 670.209 - Finding of Certification Adequacy

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a certification has been provided
				with respect to which the Agency has made a finding of adequacy or has failed
				to act in a timely manner pursuant to Section
				670.205
				of this Subpart, the site shall not be subject to the provisions of subsection
				(d) of Section 14.2 or Section14.4 of the Act and regulations adopted
				thereunder for the following time periods:
1)
				Three years, if the site is located within a minimum or maximum setback zone,
				during which time the owner must recertify to continue such status;
2) Five years, if the site is located within
				a regulated recharge area, during which time the owner must recertify to
				continue such status; or
3) 90 days
				past the time when a change of ownership takes place, during which time the new
				owner must recertify to continue such status. (Section 14.5(d) of the
				Act)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 670 - MINIMAL HAZARD CERTIFICATION › Subpart B - MINIMAL HAZARD CERTIFICATION SYSTEM › Section 670.211 - Failure to Act

Current through Register Vol. 48, No. 28, July 12, 2024
The site shall not be subject to the minimum setback zone
				  requirements of any existing community water supply well for a period of one
				  year, if the Agency has failed to act in a timely manner pursuant to Section
				  670.205,
				  during which time the owner must recertify to continue such status. (Section
				  14.5(d) of the Act)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 670 - MINIMAL HAZARD CERTIFICATION › Subpart B - MINIMAL HAZARD CERTIFICATION SYSTEM › Section 670.213 - Decertification

Current through Register Vol. 48, No. 28, July 12, 2024
The owner of the site shall comply with the requirements in
				  Section
				  670.203.
				  Any failure by the owner to maintain such compliance shall be just cause for
				  decertification by the Agency:
a) Such
				action may only be taken after the Agency has provided the owner with a written
				notice which identifies the noncompliance and specifies a 30 day period during
				which a written response may be provided by the owner.
b) The owner may respond within 30 days after
				receipt of an Agency notice of noncompliance with 35 Ill. Adm. Code 670. Such
				response may describe any actions taken by the owner which relate to the
				conditions of certification. (Section 14.5(e) of the Act)
c) The Agency shall review a response if any
				from the owner and shall determine whether the response is deficient or
				untimely. If such response is deficient or untimely, the Agency shall serve
				notice upon the owner that the site has been decertified and is subject to the
				applicable provisions of subsection (d) of Section 14.2 or Section 14.4 of the
				Act and regulations adopted thereunder.
d) If the response reviewed by the Agency is
				determined to be sufficient, the potential primary or secondary source shall
				remain certified for the period established in Section
				670.207.
e) Such notification shall constitute a final
				determination of the Agency. (Section 14.5(e) of the Act)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 670 - MINIMAL HAZARD CERTIFICATION › Subpart B - MINIMAL HAZARD CERTIFICATION SYSTEM › Section 670.215 - Certification Listing

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall maintain a master listing, indexed by
				  county, of those sites for which certifications are in effect. Upon the
				  establishment of a Regional Planning Committee pursuant to Section 17.2, the
				  Agency shall provide a copy of the pertinent portions of such listing to such
				  committee on a quarterly basis. The Agency shall also make copies of such
				  listing available to units of local government and the public upon request.
				  (Section 14.5(f) of the Act)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 670 - MINIMAL HAZARD CERTIFICATION › Subpart B - MINIMAL HAZARD CERTIFICATION SYSTEM › Section 670.217 - County or Municipality Agreements

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency may enter into a written delegation agreement with
				  any county or municipality, which has adopted an ordinance consistent with
				  Section 14.2 or 14.3 of the Act, to administer the provisions of this Section.
				  Such delegation agreements shall require that the work to be performed
				  thereunder shall be in accordance with criteria established by the Agency, be
				  subject to periodic review by the Agency, and shall include such financial and
				  program auditing by the Agency as may be necessary. (Section 14.5(g) of the
				  Act)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 670 - MINIMAL HAZARD CERTIFICATION › Subpart C - USE AND MANAGEMENT OF CONTAINERS › Section 670.301 - Containers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Containment
Container storage areas regulated under this Part must have a
				  containment system that is designed and operated as follows:
1) A base must underlay the containers which
				is free of cracks or gaps and is sufficiently impervious to contain leaks,
				spills and accumulated precipitation until the collected material is detected
				and removed.
2) The base must be
				sloped or the containment system must be otherwise designed and operated to
				drain and remove liquids resulting from leaks, spills or precipitation, unless
				the containers are elevated or are otherwise protected from contact with
				accumulated liquids.
3) When not
				protected from receiving precipitation, the containment shall have a minimum
				containment volume of a 6-inch rain storm (a 25 year, 24 hour rain), plus the
				capacity of the largest container, and the volume displaced by the bases of the
				other containers located within the secondary containment structure. Containers
				that do not contain free liquids need not be considered in this
				determination.
4) When protected
				from receiving precipitation, the containment shall have a minimum containment
				volume of 100 percent of the capacity of the largest container, plus the volume
				displaced by the bases of the other containers.
5) Run-on into the containment system must be
				prevented unless the collection system has sufficient excess capacity in
				addition to that required in subsection (3) above to contain any run-on which
				might enter the system.
6) Spilled
				or leaked material and accumulated precipitation must be removed from the sump
				or collection area in as timely a manner as is necessary to prevent overflow of
				the collection system.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 670 - MINIMAL HAZARD CERTIFICATION › Subpart D - USE AND MANAGEMENT OF ABOVE GROUND TANKS › Section 670.401 - Above Ground Tanks

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Primary Containment
For a new above ground tank a minimum shell thickness shall
				  be provided which ensures that the above ground tank will not fail (leak,
				  collapse, rupture, or otherwise rendered incapable of retaining the
				  material).
b) Secondary
				Containment
1) Above ground tank storage
				areas at agrichemical facilities must have a secondary containment system that
				is designed and operated according to an Illinois Department of Agriculture
				permit (8 Ill. Adm. Code 255) and the endorsement by the Agency (authorized by
				Section 39.4 of the Act and using the standards and criteria from Subtitles B,
				C, and F of this Title 35); or
2)
				Above ground tank storage areas for other potential sources regulated under
				this Part must have a secondary containment system that is designed and
				operated as follows:
A) A base must underlay
				the above ground tanks that is free of cracks or gaps and is sufficiently
				impervious to contain leaks, spills and accumulated precipitation until the
				collected material is detected and removed;
B) The base must be sloped or the containment
				system must be otherwise designed and operated to provide for drainage and
				removal of liquids resulting from leaks, spills or precipitation, unless the
				above ground tanks are elevated or are otherwise protected from contact with
				accumulated liquids;
C) When not
				protected from receiving precipitation, the containment shall have a minimum
				containment volume of a 6-inch rain storm (a 25 year, 24 hour rain), plus the
				capacity of the largest above ground tank, and the volume displaced by the
				bases of the other above ground tanks located within the secondary containment
				structure;
D) When protected from
				receiving precipitation, the containment shall have a minimum containment
				volume of 100 percent of the capacity of the largest above ground tank, plus
				the volume displaced by the bases of the other above ground tanks;
E) Run-on into the containment system must be
				prevented unless the collection system has sufficient excess capacity in
				addition to that required in subsection (b)(2)(C) to contain any run-on which
				might enter the system; and
F)
				Spilled or leaked material and accumulated precipitation must be removed from
				the sump or collection area in as timely a manner as is necessary to prevent
				overflow of the collection system.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 670 - MINIMAL HAZARD CERTIFICATION › Subpart E - USE AND MANAGEMENT OF WASTE PILES › Section 670.501 - Waste Piles

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Containment
A waste pile (except for an existing portion of a waste pile)
				  must have a liner that is designed, constructed and installed to prevent any
				  migration of wastes out of the pile into the adjacent subsurface soil or
				  groundwater or surface water at any time during the active life (including the
				  closure period) of the waste pile. The liner may be constructed of materials
				  that may allow waste to migrate into the liner itself (but not into the
				  adjacent subsurface soil or groundwater or surface water) during the active
				  life of the facility. The liner must be:
1) Constructed of materials that have
				appropriate chemical properties and sufficient strength and thickness to
				prevent failure due to pressure gradients (including static head and external
				hydrogeologic forces), physical contact with the waste or leachate to which
				they are exposed, climatic conditions, the stress of installation and the
				stress of daily operation;
2)
				Placed upon a foundation or base capable of providing support to the liner and
				resistance to pressure gradients above and below the liner to prevent failure
				of the liner due to settlement, compression or uplift; and
3) Installed to cover all surrounding earth
				likely to be in contact with the waste or leachate.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 671 - MAXIMUM SETBACK ZONE FOR COMMUNITY WATER SUPPLY WELLS › Subpart A - INTRODUCTION › Section 671.101 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) Section 14.2 of
				the Act establishes a minimum setback zone for existing or permitted community
				water supply wells or other potable water supply wells.
b) Section 14.3 of the Act authorizes a
				maximum setback zone to be established for community water supply
				wells.
c) In order to establish a
				maximum setback zone, the lateral area of influence of the well under normal
				operational conditions must be determined.
d) Owners of community water supplies which
				utilize any water well, or any county or municipality served by any community
				water supply well, may determine the lateral area of influence of the well
				under normal operational conditions. The Agency shall adopt procedures by which
				such determinations may be made including, where appropriate, pumping tests and
				estimation techniques. Section 14.3(a) of the Environmental Protection Act
				(Ill. Rev. Stat. 1987, ch. 1111/2, par. 1014.3(a) ).
e) The rules set forth in this Part describe
				the procedures for establishing a maximum setback zone under Sections 14.3(a),
				14.3(b), and 14.3(c) of the Act.
f)
				The rules set forth in Subpart B describe the procedures to be used by owners
				of community water supplies, by counties, or by municipalities to determine the
				lateral area of influence of community water supply wells. The rules set forth
				in Subpart C describe the procedures to be used by counties or municipalities
				in requesting Agency review and confirmation of this determination.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 671 - MAXIMUM SETBACK ZONE FOR COMMUNITY WATER SUPPLY WELLS › Subpart A - INTRODUCTION › Section 671.102 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless specified
				otherwise, all terms shall have the meanings set forth in the Act and the
				Illinois Groundwater Protection Act (Ill. Rev. Stat. 1987, ch. 1111/2, pars.
				7451 et seq.).
b) For purposes of
				this Part, the following definitions apply:
"Act" means the Environmental Protection Act (Ill. Rev.
				  Stat., 1987, ch. 1111/2, pars. 1001 et seq., as amended).
"Agency" means the Illinois Environmental Protection
				  Agency.
"Certified professional geologist" means a person certified
				  by the American Institute of Professional Geologists.
"Confined aquifer" means an aquifer bounded above and below
				  by impermeable beds or by shale, clay, or siltstone.
"Drawdown" means the change in the water elevation of the
				  static water level produced by a pumping well.
"Normal operational conditions" mean capability of a well at
				  or under the safe yield rate.
"Professional judgment" means the use of those engineering
				  principles and practices used by engineers when fulfilling their requirements
				  of this Part and as certified by a Professional Engineer licensed under the
				  Illinois Professional Engineering Act (Ill. Rev. Stat. 1987, ch. 111, par. 5101
				  et seq.), or the use of those geologic principles and practices used by
				  geologists when fulfilling their requirements and duties consistent with the
				  specific requirements of this Part and as certified by a certified professional
				  geologist who is a member of the American Institute of Professional Geologists
				  (7828 Vance Drive, Suite 103, Arvada, Colorado 80003, January 17, 1988).
"Registered professional engineer" means a person registered
				  under the provisions of the Illinois Professional Engineering Act (Ill. Rev.
				  Stat. 1987, ch. 111, par. 5101 et seq.).
"Safe yield rate" means the rate (in gallons pumped per
				  minute per foot of drawdown) at which water can be withdrawn from an aquifer
				  without depleting the supply.
"Unconfined aquifer" means an aquifer other than a confined
				  aquifer.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 671 - MAXIMUM SETBACK ZONE FOR COMMUNITY WATER SUPPLY WELLS › Subpart A - INTRODUCTION › Section 671.103 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provisions of this Part or the application thereof to
				  any person or in any circumstance is adjudged invalid, such adjudication shall
				  not affect the validity of this Part as a whole or any provision thereof not
				  adjudged invalid.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 671 - MAXIMUM SETBACK ZONE FOR COMMUNITY WATER SUPPLY WELLS › Subpart A - INTRODUCTION › Section 671.104 - Agency Mailing Address

Current through Register Vol. 48, No. 28, July 12, 2024
Each request, report, notice, or other document submitted to
				  the Agency under this Part shall be mailed to the following address:
Manager, Groundwater Section
Division of Public Water Supplies
Illinois Environmental Protection Agency
2200 Churchill Road
Post Office Box 19276
Springfield, Illinois 62794-9276
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 671 - MAXIMUM SETBACK ZONE FOR COMMUNITY WATER SUPPLY WELLS › Subpart B - PROCEDURES FOR DETERMINING THE LATERAL AREA OF INFLUENCE OF WELLS UNDER NORMAL OPERATIONAL CONDITIONS › Section 671.201 - Estimation Techniques and Pumping Test

Current through Register Vol. 48, No. 28, July 12, 2024
Owners of community water supplies which utilize any water
				  well, or any county or municipality served by any community water supply well,
				  shall determine the lateral area of influence of the well under normal
				  operational conditions in accordance with one or more of the following:
a) The Volumetric Flow Equation set forth in
				Appendix A;
b) The Theis Equation
				Using Available Data set forth in Appendix B;
c) The Todd Uniform Flow Equation set forth
				in Appendix C;
d) The Neuman
				Equations and Pump Test Procedures for Unconfined or Water Table Aquifers set
				forth in Appendix D;
e) The Theis
				Equations and Pump Test Procedures for Confined Aquifers set forth in Appendix
				E;
f) Hydrogeologic Mapping as set
				forth in Appendix F; or
g) An
				alternate estimation technique, pump test, or other procedure approved by the
				Agency in accordance with Section
				671.202.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 671 - MAXIMUM SETBACK ZONE FOR COMMUNITY WATER SUPPLY WELLS › Subpart B - PROCEDURES FOR DETERMINING THE LATERAL AREA OF INFLUENCE OF WELLS UNDER NORMAL OPERATIONAL CONDITIONS › Section 671.202 - Agency Approval of Alternate Estimation Techniques, Pump Tests, or Other Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall approve an estimation technique, pump test,
				  or other procedure that, based upon the Agency's professional judgment, is
				  equivalent to one or more of the methods described in Section
				  671.201(a)
				  through (f).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 671 - MAXIMUM SETBACK ZONE FOR COMMUNITY WATER SUPPLY WELLS › Subpart C - REQUESTS FOR AGENCY REVIEW AND CONFIRMATION › Section 671.301 - General

Current through Register Vol. 48, No. 28, July 12, 2024
Where the results of any determination made pursuant to
				  Section
				  671.201
				  disclose that the distance from the well to the outermost boundary of the
				  lateral area of influence of the well under normal operational conditions
				  exceeds the radius of the minimum setback zone established for that well
				  pursuant to Section 14.2 of the Act, any county or municipality served by such
				  water supply may in writing request the agency to review and confirm the
				  technical adequacy of such determination. (Section 14.3(b) of the
				  Act).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 671 - MAXIMUM SETBACK ZONE FOR COMMUNITY WATER SUPPLY WELLS › Subpart C - REQUESTS FOR AGENCY REVIEW AND CONFIRMATION › Section 671.302 - Contents of a Request

Current through Register Vol. 48, No. 28, July 12, 2024
Each county or municipality requesting Agency review and
				  confirmation under Section 14.3(b) of the Act shall complete a request form
				  prescribed by the Agency and shall:
a)
				Submit proof that the determination made pursuant to Section
				671.201
				describes the outer boundary of drawdown of the affected groundwater by the
				well under normal operational conditions. Such proof shall include, but not be
				limited to, the following:
1) Geologic logs
				and well construction details;
2)
				Aquifer test data, if an estimation technique or pump test described in Section
				671.201(a),
				(d), or (e) is used;
3) Hydrogeologic information and the source
				of that information, if the estimation technique described in Section
				671.201(c)
				is used; and
4) Geologic maps and
				the source of those maps, if the procedure described in Section
				671.201(f)
				is used.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 671 - MAXIMUM SETBACK ZONE FOR COMMUNITY WATER SUPPLY WELLS › Subpart C - REQUESTS FOR AGENCY REVIEW AND CONFIRMATION › Section 671.303 - Agency Approval of Alternate Certification

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall approve the certification under Section
				  671.302(c)
				  by a person other than a registered professional engineer or a certified
				  professional geologist if the county or municipality proves that such person
				  has a bachelor's degree or a graduate degree in science or engineering, and has
				  work experience in Geology, Hydrogeology, or Earth Science. The proof shall
				  include, but not necessarily be limited to, a resume for such person and the
				  name, address, and telephone number of not fewer than three personal references
				  who can verify the education and work experience of such
				  person.