Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1740 - BROWNFIELDS SITE RESTORATION PROGRAM › Section 1740.50 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) Procedures
1) Prior to submitting to DCEO an application
			 to determine eligibility, applicants must first submit their proposed
			 remediation costs to the Agency. The Agency shall make a pre-application
			 assessment, which is non-binding on the Department or upon future review of the
			 projects, relating only to whether the Agency expects to have adequate funding
			 to reimburse the applicant for the remediation costs if the applicant is found
			 to be eligible for reimbursement of remediation costs. If the Agency determines
			 it is likely to have adequate funding to reimburse the applicant for
			 remediation costs, the applicant may then submit an application for review of
			 eligibility to DCEO. Because IEPA has the ultimate responsibility to approve
			 the reimbursement payment, the determination of available funding is the sole
			 responsibility of the Agency.
2)
			 Upon request, the Department shall supply interested potential applicants with
			 application guidelines and instructions that describe the program rules,
			 required information, and attachments. Applications will be accepted at any
			 time during the year. Receipt of an application does not commit the Department
			 to award certification.
3) Formal
			 applications for consideration will be required and shall be submitted on the
			 standard application form provided by the Department. Applications shall be
			 submitted to the Department office location identified on the application. The
			 applicant shall provide information that includes but is not limited to:
A) Applicant Information - name, address, and
			 telephone number; key contact person and title; applicant FEIN number, North
			 American Industry Classification System (NAICS), if available; and authorized
			 signatures;
B) Project Summary - a
			 detailed description of the project;
C) Site Map - an outline of the general
			 location of the project on a site map, including the location of any flood
			 plain areas, wetland areas, and enterprise zones;
D) Economic Benefit of Remediation
			 Expenditures - site evaluation expenses and site remediation
			 expenses;
E) Economic Benefit of
			 Individuals Employed or to be Employed - a detailed description of the number
			 of new, retained or construction employees to be hired and the occupation and
			 payroll of the full-time jobs to be created or retained as a result of the
			 project, and a schedule of anticipated starting dates of the new hires with
			 information on the employment duration and the average annual salary or wages
			 of the new, retained or construction employees;
F) Economic Benefit of Private Capital
			 Investments - the investment the applicant will make in capital improvements,
			 and the designated location in Illinois for the investment. This shall include
			 a description (or specifications or lists) of the planned capital improvements
			 demonstrating the investment is qualified; documentation to substantiate the
			 value of the investment (value of capital improvements as provided by
			 appraisers, vendors, contractors and/or architects and engineers), and a
			 schedule regarding when the eligible investment will be placed in service;
			 and
G) Economic Benefit of Public
			 Capital Improvements - a detailed description of total project cost, items of
			 expense and investment, including, but not limited to, equipment, buildings, or
			 land; infrastructure development; debt service, except refinancing of current
			 debt; research and development; job training and education; lease costs; or
			 relocation costs.
4)
			 Within 60 days from the date an application is determined to be complete, the
			 Department shall notify the applicant that the application has been approved or
			 rejected. If the application is rejected, the notification shall state the
			 reasons for that determination. Resubmitted applications will be approved or
			 denied in writing within 30 days after receipt. In the event of a complaint by
			 the applicant, the Department will follow the procedures outlined in 56 Ill.
			 Adm. Code 2605 (Administrative Hearing Rules).