Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart G - REVIEW OF REMEDIATION COSTS FOR ENVIRONMENTAL REMEDIATION TAX CREDIT › Section 740.730 - Ineligible Costs

Current through Register Vol. 48, No. 28, July 12, 2024
Costs ineligible for the environmental remediation tax credit
				  under Section 201(l) of the Illinois Income Tax Act [35 ILCS
				  5/201(l) ] include, but are not
				  limited to, the following:
a) Costs
				not incurred by the RA;
b) Costs
				incurred for activities, materials, labor or services relative to remediation
				at a site other than the site for which the No Further Remediation Letter was
				issued;
c) Costs for remediating a
				release or substantial threat of a release of regulated substances or
				pesticides that was caused or contributed to in any material respect by the RA,
				any related party (as described in Section 201(l) of the Illinois Income Tax
				Act [35 ILCS
				5/201(l) ]) or any person whose tax
				attributes the RA has succeeded to under Section 381 of the Internal Revenue
				Code;
d) Costs incurred before
				January 1, 1998, or more than 12 months before enrollment of the site in the
				Site Remediation Program, or after the date of issuance of a No Further
				Remediation Letter issued pursuant to Section 58.10 of the Act and Subpart F of
				this Part;
e) Costs associated with
				material improvements to the extent that such improvements are not necessary to
				achieve remediation objectives pursuant to an approved Remedial Action Plan in
				accordance with Section
				740.450 of
				this Part;
f) Costs or losses
				resulting from business interruption;
g) Costs incurred as a result of vandalism,
				theft, negligence or fraudulent activity by the RA or the agent of the
				RA;
h) Costs incurred as a result
				of negligence in the practice of professional engineering as defined in Section
				4 of the Professional Engineering Practice Act of 1989 [225 ILCS 325/4
				];
i) Costs incurred as a result of
				negligence by any contractor, subcontractor, or other person providing
				remediation services at the site;
j) Costs associated with replacement of
				above-grade structures destroyed or damaged during remediation activities to
				the extent such destruction or damage and such replacement is not necessary to
				achieve remediation objectives pursuant to an approved Remedial Action Plan in
				accordance with Section
				740.450 of
				this Part;
k) Attorney
				fees;
l) Purchase costs of
				non-consumable materials, supplies, equipment or tools, except that a
				reasonable rate may be charged for the usage of such materials, supplies,
				equipment or tools;
m) Costs for
				repairs or replacement of equipment or tools due to neglect, improper or
				inadequate maintenance, improper use, loss or theft;
n) Costs associated with activities that
				violate any provision of the Act or Board, Agency or Illinois Department of
				Transportation regulations;
o)
				Costs associated with improperly installed or maintained groundwater monitoring
				wells;
p) Costs associated with
				unnecessary, irrelevant or improperly conducted activities, including, but not
				limited to, data collection, testing, measurement, reporting, analysis,
				modeling, risk assessment or sample collection, transportation, measurement,
				analysis or testing;
q) Stand-by or
				demurrage costs;
r) Interest or
				finance costs charged as direct costs;
s) Insurance costs charged as direct
				costs;
t) Indirect costs for
				personnel, labor, materials, services or equipment charged as direct
				costs;
u) Costs associated with
				landscaping, vegetative cover, trees, shrubs and aesthetic
				considerations;
v) Costs associated
				with activities, materials, labor, equipment, structures or services to the
				extent they are not necessary for compliance with this Part 740, 35 Ill. Adm.
				Code 742 and the approved Remedial Action Plan;
w) Costs determined to be incorrect as a
				result of a mathematical, billing or accounting error;
x) Costs that are not adequately
				documented;
y) Costs that are
				determined to be unreasonable.