reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 364 - PROCEDURES AND REQUIREMENTS FOR DETERMINING CONSTRUCTION GRANT PRIORITIES FOR MUNICIPAL SEWAGE TREATMENT WORKS NEEDS › Subpart D - PROCEDURE FOR CALCULATING THE GRANT PRIORITY INDEX › Section 364.402 - F4 Factor

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				F4 factor considers the corrective measures necessary to provide the degree of
				treatment required by applicable effluent limitations. F4 is derived through a
				summation of values assigned for additional treatment process required for
				currently overloaded facilities and for rehabilitation.
b) The F4 factor establishes relative values
				for the following treatment processes:
1)
				addition of any required secondary or supplemental treatment processes where,
				at the present time, the required processes are non-existent.
2) addition of capacity for currently
				(hydraulically and/or organically) overloaded treatment processes.
3) modification of existing processes which
				do not increase capacity or degree of treatment but are necessary for the
				upgrading of an existing treatment plant.
4) the construction of new trunk and lateral
				sewers to provide an extension of service from an existing collection system or
				the rehabilitation of existing sewers, which will not eliminate excessive
				infiltration/inflow.
5) the
				construction of a new collection system and treatment works to service a
				presently unsewered community where a discharge of raw or partially treated
				sewage exists, or where no discharge exists.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 364 - PROCEDURES AND REQUIREMENTS FOR DETERMINING CONSTRUCTION GRANT PRIORITIES FOR MUNICIPAL SEWAGE TREATMENT WORKS NEEDS › Subpart D - PROCEDURE FOR CALCULATING THE GRANT PRIORITY INDEX › Section 364.403 - F5 Factor

Current through Register Vol. 48, No. 28, July 12, 2024
a) F5
				is a factor which is added for those projects whose priority position is to be
				retained.
b) The value of F5 will
				be retained only if the value of the quanitity F1 x F2 x F3 x F6 x F4 is
				greater than the corresponding quantity for the lowest priority need which has
				an F5 value greater than zero. If the value of this quantity does not meet this
				test, F5 for the need will be reduced to zero following the completion of
				facility planning and subsequent determination of F6.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 364 - PROCEDURES AND REQUIREMENTS FOR DETERMINING CONSTRUCTION GRANT PRIORITIES FOR MUNICIPAL SEWAGE TREATMENT WORKS NEEDS › Subpart D - PROCEDURE FOR CALCULATING THE GRANT PRIORITY INDEX › Section 364.404 - Scoring Conventions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				priority system established in this Part is applied with the following
				conventions and general results.
b)
				For expansion and/or upgrading of an existing sewage treatment plant, a new
				sewage treatment plant to serve a currently sewered area, or sewer
				rehabilitation work which will eliminate excessive infiltration/inflow, the MDI
				value for the plant, together with the F4 value for the treatment processes
				affected at the plant are used to calculate the GPI value for the need. For
				sewer rehabilitation projects "treatment processes affected at the plant" are
				as follows:
1) Where the sewer rehabilitation
				work will solve an inflow problem, the F4 value shall be determined from the
				existing need for provision of complying primary treatment and/or disinfection
				for wet weather flow in excess of maximum dry weather flow, unless additional
				treatment is required to meet effluent standards.
2) Where the sewer rehabilitation work will
				solve an infiltration problem, the F4 value shall be determined from the
				existing need for provision of complying primary and/or secondary and/or
				tertiary and/or advanced and/or supplemental treatment of dry weather
				flow.
3) Where the sewer
				rehabilitation work will solve an infiltration and inflow problem, the F4 value
				shall be determined from the existing need for provision of complying primary
				and/or secondary and/or tertiary and/or advanced and/or supplemental treatment
				of dry weather flow as well as the existing need for provision of primary
				and/or disinfection of wet weather flow in excess of maximum dry weather flow,
				unless additional treatment of the excess flow is required to meet effluent
				standards.
4) Under (b)(1)-(3),
				existing need is determined using overload/no overload criteria for existing
				treatment processes and dilution ratio for additional processes required by
				effluent standards.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 364 - PROCEDURES AND REQUIREMENTS FOR DETERMINING CONSTRUCTION GRANT PRIORITIES FOR MUNICIPAL SEWAGE TREATMENT WORKS NEEDS › Subpart D - PROCEDURE FOR CALCULATING THE GRANT PRIORITY INDEX › Section 364.405 - Additional Considerations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Effects of Overloading
1) For an overloaded
				facility, values from the table of F4 values for the average and maximum design
				flow for existing treatment processes will be assigned to the need.
2) For a facility which is not overloaded as
				defined above, but where sludge handling capacity is presently inadequate, 6
				points for sludge handling facilities will be assigned to the need. Sludge
				handling will be determined to be inadequate where the connected population
				equivalent (for a 12 month period) exceeds the Agency approved and permitted
				design basis of the sludge handling units.
3) If the facility is not overloaded based on
				the average daily flow, the need may receive credit for overloading on the
				maximum dry weather flow. Where the applicant justifies, on the basis of
				influent flow measurement for a 12 month period that the average of the peak
				dry weather flows to the plant exceeds the design peak capacity of the plant
				for complete treatment of dry weather flow, the need will receive credit for
				overloading under maximum dry weather flow conditions.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM › Subpart A - INTRODUCTION › Section 365.105 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Part sets forth procedures to be used by the Agency to
				  operate the Water Pollution Control Loan Program (WPCLP).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM › Subpart A - INTRODUCTION › Section 365.130 - Projects and Activities Eligible for Assistance

Current through Register Vol. 48, No. 28, July 12, 2024
Funds available under the WPCLP and this Part shall be used
				  only for providing financial assistance for the following projects or
				  activities:
a) to any public loan
				applicant for construction of publicly owned treatment works;
b) for the implementation of a management
				program established under
				33 USC
				1329;
c) for development and implementation of a
				conservation and management plan under
				33 USC
				1330;
d) for the construction, repair, or
				replacement of decentralized wastewater treatment systems that treat municipal
				wastewater or domestic sewage;
e)
				for measures to manage, reduce, treat, or recapture stormwater or subsurface
				drainage water;
f) to any public
				loan applicant for measures to reduce the demand for publicly owned treatment
				works capacity through water conservation, efficiency, or reuse;
g) for the development and implementation of
				watershed projects meeting the criteria set forth in
				33 USC
				1274;
h) to any public loan applicant for measures
				to reduce the energy consumption needs for publicly owned treatment
				works;
i) for reusing or recycling
				wastewater, stormwater, or subsurface drainage water;
j) for measures to increase the security of
				publicly owned treatment works;
k)
				to any qualified nonprofit entity, as determined by USEPA, to provide
				assistance to owners and operators of small and medium publicly owned treatment
				works:
1) to plan, develop, and obtain
				financing for eligible projects under this subsection (k), including planning,
				design, and associated preconstruction activities; and
2) to assist the treatment works in achieving
				compliance with the CWA.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM › Subpart A - INTRODUCTION › Section 365.140 - Uses of the Water Pollution Control Loan Program

Current through Register Vol. 48, No. 28, July 12, 2024
The Water Pollution Control Loan Program shall be used and
				  administered by the Agency for the following purposes.:
a) to make loans, on the condition that:
1) the loans are made at or below market
				interest rates at terms not to exceed the lesser of 30 years and the projected
				useful life of the project to be financed with the proceeds of the loan
				pursuant to Section
				365.220;
2) annual principal and interest payments
				will commence not later than one year after completion of any project and all
				loans will be fully amortized upon the expiration of the term of the
				loan;
3) the recipient of a loan
				will establish a dedicated source of revenue for repayment of loans;
4) the fund will be credited with all
				payments of principal and interest on all loans; and
5) for a treatment works proposed for repair,
				replacement, or expansion, and eligible for assistance under Section
				365.130(a):
A) the recipient of a loan shall develop and
				implement a fiscal sustainability plan that includes the elements listed in
				Section
				365.350(a)(7).
B) the loan recipient shall certify that the
				recipient has developed and implemented a fiscal sustainability plan pursuant
				to Section
				365.460(a)(5);
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM › Subpart A - INTRODUCTION › Section 365.160 - Application Process

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				order to receive a loan under the WPCLP, loan applicants must apply to the
				Agency using the loan application process outlined in Subpart C. The process
				requires that:
1) the loan applicant submits
				a Funding Nomination Form pursuant to Section
				365.310;
2) the loan applicant submits a Project Plan
				pursuant to Section
				365.320;
3) the project undergoes State environmental
				review under Section
				365.330;
4) the project be placed on the Project
				Priority List pursuant to Section
				365.340;
				and
5) the loan applicant submits
				the following information:
A) a loan
				application as required by Section
				365.350(a);
B) contracts for personal or professional
				services as required by Section
				365.350(b);
C) a construction permit application, if
				necessary, as required by Section
				365.350(c);
D) pre-bidding plans and specifications with
				certification form, as required by Section
				365.350(d);
				and
E) bidding evaluation and
				certification forms as required by Section
				365.350(e).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM › Subpart A - INTRODUCTION › Section 365.170 - Waiver of Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as provided in subsection (b) or otherwise required by law, the Director
				may waive any of the loan procedures, either in whole or in part, by a written
				statement to the loan recipient, either as a special condition of the loan or
				otherwise, provided the Director finds that the procedure or requirement to be
				waived is not necessary to insure the integrity of the project, will not reduce
				a recipient's ability to repay the loan to the Agency, or will not, in general,
				weaken the financial position of the WPCLP. The waiver may be subject to such
				additional conditions as the Director deems necessary.
b) In addition to all federal requirements,
				these procedures will not be waived:
1)
				Section
				365.210 (Fixed
				Loan Rate);
2) Section
				365.240(Restructuring);
3) Section
				365.320 (Project
				Plan);
4) Section
				365.330
				(State Environmental Review);
5)
				Section
				365.340
				(Project Priority List);
6) Section
				365.350(a)(10)
				(Ability to Repay);
7) Section
				365.460(a)(3)
				(Operation and Maintenance of the Project);
8) Section
				365.470
				(Ongoing Auditing and Monitoring of Financial Capability);
9) Section
				365.620(f)(3)
				(Wage Provisions);
10) Section
				365.620(f)(4)
				(Disadvantaged Business Enterprise Requirements);
11) Section
				365.620(f)(5)
				(Debarment and Suspension Certification);
12) Section
				365.630(a)(1)
				(Disadvantaged Business Enterprise Requirements); and
13) Section
				365.630(a)(4)
				 (Debarment and Suspension
				Certification).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM › Subpart B - FINANCING TERMS › Section 365.210 - Fixed Loan Rate

Current through Register Vol. 48, No. 28, July 12, 2024
The interest rate of the loan agreement shall be a fixed loan
				  rate and shall be established as follows:
a) Base 30 Year Rate - Loan agreements with a
				repayment period not to exceed 30 years shall have a fixed loan rate equal to
				50% of the market interest rate (mean interest rate of the 20 General
				Obligation Bond Buyer Index, from July 1 through June 30 of the preceding State
				fiscal year rounded to the nearest
				0.01 %).
b) Small Community Rate - Public loan
				applicants with a service population less than 25,000 that also meet any one of
				the following three criteria qualify for a fixed loan rate equal to 75% of the
				Base 30 Year Rate:
1) The median household
				income of the public loan applicant's service population is less than the
				statewide average.
2) The
				unemployment rate of the public loan applicant's service population is greater
				than the statewide average.
3) The
				public loan applicant's annual user charge, based upon the average monthly bill
				of the public loan applicant's residential customers, is greater than
				1.0 % of the median household
				income of the public loan applicant's service population.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM › Subpart B - FINANCING TERMS › Section 365.220 - Loan Repayment Period

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
				provided in subsection (b), the loan repayment period cannot exceed the lesser
				of 30 years beyond the initiation of operation date, 30 years beyond the
				initiation of the loan repayment period, or the projected useful life of the
				project to be financed with proceeds of the loan.
b) The Agency may require a loan repayment
				period term of less than the maximum. In evaluating the appropriateness of
				alternative loan terms, the Agency shall consider such factors as the scope of
				the proposed project, the impacts of alternative loan terms on user fees, and
				the overall cost of the project.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM › Subpart B - FINANCING TERMS › Section 365.240 - Restructuring

Current through Register Vol. 48, No. 28, July 12, 2024
All restructuring shall be consistent with the objectives of
				  the CWA and shall meet the requirements of this Part.
a) A written request for the restructuring of
				the loan obligation must be submitted in writing to the Agency. Each written
				request for restructuring shall contain all of the following:
1) The name of the applicant and the Agency
				loan number;
2) A statement
				explaining when it was determined that restructuring was needed;
3) A statement explaining all remedial
				measures taken prior to the determination that restructuring was
				needed;
4) A statement explaining
				why restructuring is in the best interest of the State and the
				applicant;
5) A description of the
				financing terms desired and the facts that the applicant believes warrant the
				Agency's approval of the restructuring; and
6) A description of the applicant's financial
				capability and dedicated source of revenue for repayment of the restructured
				loan in accordance with Section
				365.350(a)(9) through
				(a)(16).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM › Subpart B - FINANCING TERMS › Section 365.250 - Additional Subsidization

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency may provide additional subsidization as provided in section 603(i) of
				the CWA or as otherwise prescribed by USEPA in the annual capitalization grant
				agreement.
b) Pursuant to section
				603(i)(2) of the CWA, the Agency adopts the following affordability criteria.
1) To be eligible for additional
				subsidization under section 603(i)(1)(A)(i) of the CWA, a public loan recipient
				must:
A) have a service population of 30,000
				or less, unless the loan applicant's median household income (MHI) is 70% or
				less of the statewide average; and
B) score at least 21 points based on the
				following criteria:
i) Median Household
				Income
Points
MHI as % of Statewide MHI
0
Above 100%
5
95-99.99%
10
90-94.99%
15
85-89.99%
20
80-84.99%
25
75-79.99%
30
70-74.99%
35
65-69.99%
40
60-64.99%
45
55-59.99%
50
50-54.99%
55
45-49.99%
60
0-44.99%
ii)
				Population
Points
Service Population
0
Above 30,000
5
20,000-30,000
10
15,000-19,999
15
10,000-14,999
20
5,000-9,999
25
2,000-4,999
30
1,000-1,999
35
0-999
iii)
				Additional Criteria
Points
Additional Criteria
1
Unemployment rate is greater than the statewide
							 average unemployment rate by one percentage point or more
4
Decrease in service population greater than 5.0 % in
							 the last 5 years from the date of the loan application
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM › Subpart B - FINANCING TERMS › Section 365.260 - Limitations on Loan Assistance

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency may establish the annual limitations on the amount
				  of loan assistance given to each loan recipient by considering the status of
				  the Fund, capitalization grant amounts, economic conditions, and requirements
				  established by USEPA. The annual limitations on the amount of loan assistance
				  established by the Agency must be included as part of the Agency's Intended Use
				  Plan.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM › Subpart C - LOAN APPLICATION PROCESS › Section 365.310 - Funding Nomination Form

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Every loan applicant must submit to the Agency a signed and dated Funding
				Nomination Form that includes, at a minimum, the following items:
1) Loan applicant information
A) name;
B) contact information; and
C) authorized representative - name and
				title;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM › Subpart C - LOAN APPLICATION PROCESS › Section 365.330 - State Environmental Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) Preliminary Environmental Review
1) All loan applicants shall submit an
				environmental checklist on forms prescribed by the Agency.
2) Prior to making a final determination on
				the acceptability of any project plan, the Agency shall undertake a preliminary
				environmental review of the project to determine whether the project qualifies
				for a categorical exclusion under subsection (b) or a detailed environmental
				review under subsection (c).
3) The
				scope of the Agency's environmental review shall include, but not be limited
				to, an assessment of the impacts of both the loan funded project and the
				overall project planning on rare and endangered species, historic and cultural
				resources, prime agricultural land, air and water quality, recreational areas,
				wetlands, floodplains, and other sensitive environmental areas. The review
				shall also assess the direct and indirect impacts of construction and ensure
				that all reasonable measures have been taken in the planning to avoid and
				mitigate negative environmental impacts.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM › Subpart C - LOAN APPLICATION PROCESS › Section 365.340 - Project Priority List

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency
				shall not provide financial assistance from the State Water Revolving Fund
				under this Part to projects that are not on the Agency's Project Priority
				List.
b) The Agency shall develop a
				Project Priority List for each fiscal year beginning on July 1. Only loan
				applicants who have submitted a Funding Nomination Form will be placed on the
				Project Priority List. Loan applicants who have received project planning
				approval pursuant to Sections
				365.320 and
				365.330
				before March 31 of the previous fiscal year will be scored, ranked and placed
				on the project priority list according to Section 365.345. Loan applicants who
				have not received project planning approval before March 31 of the previous
				fiscal year will be placed at the bottom of the Project Priority List in
				alphabetical order.
c) The Agency
				shall publish the Project Priority List in the Intended Use Plan.
d) Intended Funding List
1) The Agency shall identify the Intended
				Funding List in the Intended Use Plan. The Intended Funding List is comprised
				of the highest ranking projects on the Project Priority List that have been
				scored and ranked pursuant to subsection (b) and are scheduled to initiate
				construction prior to March 31 of the current fiscal year. The total costs of
				all projects on the intended funding list shall not exceed the total amount of
				funds available.
2) Projects on the
				Intended Funding List are afforded priority of resources, including, but not
				limited to, preference in securing a loan as soon as the necessary programmatic
				and financial steps are completed.
3) Projects on the Intended Funding List are
				not guaranteed funding or additional subsidization.
4) Projects not on the Intended Funding List
				may receive funding in advance of those projects identified in the Intended
				Funding List according to the process set forth in subsection (e).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM › Subpart C - LOAN APPLICATION PROCESS › Section 365.345 - Loan Priority Score

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Projects will be scored and ranked for inclusion on the Project Priority List
				using the loan priority score methodology set forth in this Section.
b) The Agency will calculate the loan
				priority score by totaling the points awarded in subsections (e) through
				(l).
c) Applicants with a higher
				loan priority score will be ranked above applicants with a lower loan priority
				score on the Project Priority List.
d) Only projects that have submitted a
				Funding Nomination Form and have a project plan approved by the Agency will be
				scored pursuant to this Section.
e)
				Violations and Enforcement Compliance
1) A
				maximum of 650 points may be awarded under this subsection (e).
2) 200 points will be awarded if the project
				is necessary to correct a violation of the Act or Board rules, other than
				reporting, that has resulted in any of the following:
A) referral to the Illinois Attorney
				General's Office;
B) referral to
				USEPA;
C) a court order directing
				the loan applicant to remedy the violation;
D) a Pollution Control Board order directing
				the loan applicant to remedy the violation; or
E) an administrative order from USEPA
				directing the loan applicant to remedy the violation.
3) 150 points will be awarded if the project
				is necessary to correct a violation of the Act or Board rules, other than
				reporting.
4) 150 points will be
				awarded if the project improves or replaces infrastructure that requires a
				construction permit or National Pollution Discharge Elimination System (NPDES)
				permit.
5) 75 points will be
				awarded if the completed project will result in the applicant's removal from
				the Agency's Critical Review or Restricted Status list.
6) 75 points will be awarded if the completed
				project corrects sanitary sewer overflows (SSOs), combined sewer overflows
				(CSOs), or basement backups.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM › Subpart C - LOAN APPLICATION PROCESS › Section 365.355 - Letter of Commitment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Anytime during the fiscal year, the Agency may issue a letter of commitment
				reserving funds for a project, provided funds are available, if the following
				conditions have been met:
1) project is on the
				Project Priority List;
2) project
				is not on the intended funding list;
3) the Agency has approved the loan
				applicant's Project Plan pursuant to Sections
				365.320 and
				365.330;
				and
4) the Agency has approved the
				documents submitted pursuant to Section
				365.350(a) through
				(d), including the issuance of any necessary
				construction permits.
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 365.410 - Loan Issuance

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency may, subject to the availability of funds, issue a
				  loan agreement authorizing the initiation of construction of a project or
				  activity listed in Section
				  365.130
				  when:
a) the loan applicant submitted
				a Funding Nomination Form and the project is on the Project Priority
				List;
b) the Agency has approved
				the loan applicant's Project Plan pursuant to Sections
				365.320 and
				365.330;
				and
c) the documents required by
				Section
				365.350
				have been submitted and approved by the Agency.
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 365.420 - Post-Loan Issuance Construction Contract Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The loan recipient shall provide
				construction engineering and project monitoring to assure that the construction
				substantially conforms to the approved plans and specifications.
b) The following procedures shall apply to
				construction contracts awarded by loan recipients for the construction phase
				only. They shall not apply to personal and professional service contracts.
1) Executed Contract. For each construction
				contract awarded, the loan recipient shall submit an executed contract,
				performance and payment bond for the bid amount, certificate of insurance with
				the loan recipient added as additional insured, and the notice to
				proceed.
2) Change Orders
A) When the loan recipient authorizes the
				contractor to add, delete, or revise the work within the general scope of the
				contract documents, or authorizes an adjustment in the contract price or
				contract time, the loan recipient shall submit a change order to the
				Agency.
B) For each change order,
				the loan recipient shall submit to the Agency for approval the following
				documentation:
i) one copy of the fully
				executed change order signed by the loan recipient, construction engineer, and
				the contractor; and
ii) a
				description of any changes, with justification for the changes.
C) Prior approval by the Agency of
				a change order is required when a change order results in:
i) alterations in design scope that require a
				modification to a construction permit; or
ii) an increase in the amount of loan funds
				needed to complete the project.
D) Failure to give timely notice of proposed
				project changes or action by the loan recipient that is not consistent with the
				Agency's determination on those changes may result in disallowance of loan
				participation for costs incurred that are attributable to the change.
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 365.430 - Loan Eligible Costs

Current through Register Vol. 48, No. 28, July 12, 2024
The loan recipient shall be paid, upon request, in accordance
				  with Section
				  365.440,
				  for all costs within the scope of the approved project, not to exceed the total
				  amount of the loan, and that are determined to be eligible in accordance with
				  the following criteria:
a) Eligible
				project costs include all reasonable and necessary costs directly attributable
				to the project's planning, design, or construction that are not otherwise
				excluded by this Part. Categories of necessary costs include, but are not
				limited to, the following:
1) The direct
				purchase of materials, equipment, and personal services not under the approved
				construction contract necessary for the completion of a loan funded
				project;
2) Professional and
				consultant services contracts necessary for planning, design, bidding, and
				construction of a loan funded project, except as elsewhere limited by this
				Part;
3) Costs under approved
				construction contracts;
4) Costs
				for premiums for required flood insurance during the project construction
				period; and
5) Costs under a
				construction contract executed prior to the award of the loan agreement only
				when the following conditions apply:
A) The
				loan applicant has received written approval from the Agency prior to the award
				of the construction contract;
B)
				The project meets the definition of a compliance project in accordance with
				Section
				365.110;
				and
C) The project costs in
				subsection (a)(5)(B) were incurred and construction was initiated after March
				7, 1985.
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 365.440 - Disbursement and Use of Loan Funds

Current through Register Vol. 48, No. 28, July 12, 2024
a) Before the Agency will disburse loan
				funds, the loan recipient shall submit the following:
1) A complete payment request based on costs
				incurred that are due and payable, as evidenced by invoices; and
2) A certification that the contractor is
				paying prevailing wages in accordance with the Davis-Bacon Act (
				40
				USC 3141 through
				3148
				), as defined by the US Department of Labor.
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 365.450 - Initiation of Loan Repayment

Current through Register Vol. 48, No. 28, July 12, 2024
Loan repayment to the Agency shall be in accordance with the
				  loan repayment provisions contained in the loan agreement.
a) Loan repayments shall commence not later
				than 6 months after the initiation of the loan repayment period and shall be
				due semiannually unless the Agency determines that the dedicated source of
				revenue justifies an alternative repayment plan.
b) After the initiation of the loan repayment
				period date in the loan agreement, the Agency shall set a principal amount and
				give the loan recipient an interim repayment schedule.
c) The final repayment schedule shall be
				established as set forth in Section
				365.460(b).
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 365.470 - 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 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM › Subpart E - DELINQUENT LOAN REPAYMENTS AND NONCOMPLIANCE › Section 365.510 - 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) of this
				Section.
b)
In the
				event that a loan recipient fails to comply with subsection (a) of this
				Section, 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) of this Section, 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 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM › Subpart E - DELINQUENT LOAN REPAYMENTS AND NONCOMPLIANCE › Section 365.520 - 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
				365.540;
4) Suspend all or part of the project work
				pursuant to Section
				365.530;
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 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM › Subpart E - DELINQUENT LOAN REPAYMENTS AND NONCOMPLIANCE › Section 365.530 - 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
				365.540(a).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM › Subpart E - DELINQUENT LOAN REPAYMENTS AND NONCOMPLIANCE › Section 365.540 - 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
				365.620(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 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM › Subpart F - REQUIREMENTS APPLICABLE TO SUBAGREEMENTS › Section 365.610 - 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 WPCLP. 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 WPCLP loans.
b) Profits
Only fair and reasonable profits may be earned by contractors
				  in subagreements under WPCLP loans. Profit included in a formally advertised,
				  competitively bid, fixed price construction contract awarded pursuant to
				  Section
				  365.620
				  (Construction Contracts) of this Subpart 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 WPCLP
				  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 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM › Subpart F - REQUIREMENTS APPLICABLE TO SUBAGREEMENTS › Section 365.620 - 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
				365.610(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 U.S. Department of Labor;
3) the Employment of Illinois Workers on
				Public Works Act [30 ILCS 570 ];
4) the use of American iron and steel as
				required by Sec. 608 of the federal Clean Water Act (33 U.S.C.
				1388);
5) the Participation by Disadvantaged
				Business Enterprises in United States Environmental Protection Agency Programs
				(40 CFR
				33);
6) the Build America Buy America Act (BABA
				Act) at Public Law
				117-58,
				Sections
				70901 -52, as applicable; and
7) any applicable federal or State Executive
				Orders.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM › Subpart F - REQUIREMENTS APPLICABLE TO SUBAGREEMENTS › Section 365.640 - Compliance with Procurement Requirements for Construction Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a) Loan Applicant
				Responsibility
The loan applicant shall be responsible for selecting the
				  low, responsive, and responsible bidder or other contractor in accordance with
				  applicable requirements of State, federal, and local laws and ordinances, as
				  well as for the specific requirements of the loan agreement directly affecting
				  procurement. The loan applicant shall also be responsible for the initial
				  resolution of complaints based upon alleged violations. Any complaints made to
				  the Agency concerning any alleged violation of law in the procurement of
				  construction services or materials for a project involving construction work
				  will be referred to the loan applicant for resolution. The loan applicant shall
				  promptly determine each complaint on its merits and shall allow the complainant
				  and any other party who may be adversely affected to state in writing or at a
				  conference the basis for their views concerning the proposed procurement. The
				  loan applicant shall promptly furnish to the complainant and to other affected
				  parties, by certified mail, a written summary of its determination,
				  substantiated by an engineering or legal opinion, providing a justification for
				  its determination.
b) Time
				Limitations
Complaints should be made as early as possible during the
				  procurement process, preferably prior to the bid opening, to avoid disruption
				  of the procurement process. The complaint shall be mailed (certified mail,
				  return receipt requested), or otherwise delivered, no later than 5 working days
				  after the complainant becomes aware of an alleged violation. If there is no
				  agreement between the parties within 7 days following the loan applicant's
				  response, unless all bids are rejected, the matter shall be resolved in
				  accordance with subsection (c).
c) Remedies
All claims, counter-claims, disputes, and other matters in
				  question between the recipient and the contractor arising out of, or relating
				  to, a subagreement or its breach shall be decided by arbitration if the parties
				  agree, or in a court of competent jurisdiction within the State.
d) Deferral of Procurement Action
If the determination of a complaint by the loan applicant is
				  adverse to the complainant, the loan applicant shall defer issuance of its
				  solicitation or award or notice to proceed under the contract (as appropriate)
				  for 7 days after mailing or delivery of the determination. If the determination
				  (whether made by the loan applicant, the arbitrator or the court) is favorable
				  to the complainant, the terms of the solicitation shall be revised or the
				  contract shall be awarded, as appropriate, in accordance with the
				  determination.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM › Subpart F - REQUIREMENTS APPLICABLE TO SUBAGREEMENTS › Section 365.650 - 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 provisions of a loan 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 his or her
				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.