reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM › Subpart C - NONCOMPLIANCE WITH GRANT CONDITIONS › Section 885.310 - Stop-Work Orders

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency
				may, for any violation of this Part, issue a written stop-work order, requiring
				the grantee to stop all or any part of the project work, effective for a period
				of not more than 30 days from the date of the order, or for any further period
				to which the parties may agree in writing. The Agency shall include in any
				stop-work order a list of the project activities to which the order
				applies.
b) Upon receipt of a
				stop-work order, the grantee must comply with its terms and stop the incurrence
				of costs allocable to the work covered by the order during the period of work
				stoppage.
c) No more than 30 days
				after the date of the stop-work order, or within any extension of that period
				to which the parties agree in writing, the Agency shall:
1) Upon resolution of the violation leading
				to the stop-work order, cancel the stop-work order; or
2) Terminate the portion of the grant covered
				by the stop-work order, as provided in Section
				885.300.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM › Subpart C - NONCOMPLIANCE WITH GRANT CONDITIONS › Section 885.315 - Covenant Against Contingent Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) The grantee must warrant, as part of the
				grant agreement, that no person has been employed or retained to solicit or
				secure a grant under this Part upon an agreement or understanding for a
				commission, percentage, brokerage, or contingent fee.
b) For breach or violation of this warranty,
				the Agency shall have the right to revoke the grant without liability or, in
				its discretion, to deduct from the grant award, or otherwise recover, the full
				amount of such commission, percentage, brokerage, or contingent fee.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM › Subpart C - NONCOMPLIANCE WITH GRANT CONDITIONS › Section 885.320 - Recovery of Grant Funds

Current through Register Vol. 48, No. 28, July 12, 2024
If the Agency determines that any grant funds are being
				  misspent or improperly held by the grantee, the Agency or the Attorney General
				  shall have the authority to recover those funds and take any action authorized
				  by the Illinois Grant Funds Recovery Act [30 ILCS 705 ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM › Subpart C - NONCOMPLIANCE WITH GRANT CONDITIONS › Section 885.325 - Indemnification

Current through Register Vol. 48, No. 28, July 12, 2024
The grantee, rather than the Agency, shall assume the entire
				  risk, responsibility and liability for any and all loss or damage to property
				  owned by the grantee, the Agency, or third persons, and any injury to or death
				  of any persons (including employees of the grantee) caused by or arising out
				  of, or occurring in connection with, the execution of any work, contract or
				  subcontract arising out of this grant, and the grantee shall indemnify, save
				  harmless and defend the State and the Agency from all claims for any such loss,
				  damage, injury, or death. However, a grantee's execution of a grant agreement,
				  or implementation of an approved project, does not, in itself, render the
				  grantee an owner or operator for purposes of
				  415 ILCS
				  5/22.2(h)(2), or under regulations
				  promulgated pursuant to
				  415 ILCS
				  55/8. The grantee shall require any contractor or
				  subcontractor engaged by the grantee to agree in writing to look solely to the
				  grantee for performance of its contract or subcontract with the grantee and for
				  satisfaction of any and all claims arising thereunder.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM › Subpart C - NONCOMPLIANCE WITH GRANT CONDITIONS › Section 885.330 - Statutory Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The grantee is solely responsible for assuring compliance
				  with all statutory requirements, including, but not limited to, the Local
				  Government Professional Services Selection Act [50 ILCS 510 ] and the
				  Construction Contract Indemnification for Negligence Act [740 ILCS 35
				  ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM › Subpart D - ACCESS, AUDITING AND RECORDS › Section 885.400 - Access

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency or
				any authorized representative shall have access to the premises where any
				portion of the project for which the grant was awarded is being performed, both
				during normal business hours and at any other time project-related work is
				being performed.
b) Subsequent to
				the end of the grant term, the Agency or any authorized representative shall
				have access to the project records, as defined in Section
				885.405(a)
				of this Part, to the full extent of the grantee's right to access, during
				normal business hours.
c) If the
				Agency or any authorized representative is denied access in violation of this
				Section, the Agency shall provide notice in writing to the grantee that failure
				to provide access within 10 days will be cause for:
1) Termination of the grant pursuant to
				Subpart C of this Part;
2) Refund
				to the State of any unexpended grant funds in the possession of the grantee;
				and
3) Refund of any grant funds
				previously expended by the grantee, contractor, or subcontractor found in
				noncompliance with this Section.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM › Subpart D - ACCESS, AUDITING AND RECORDS › Section 885.405 - Audit and Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) The grantee
				shall maintain books, records, documents, reports and other evidentiary
				material, using accounting procedures and practices that conform to generally
				accepted accounting principles, to account properly for:
1) The receipt and disposition by the grantee
				of all financial assistance received for the project, including both State
				assistance and the local share; and
2) The costs charged to the project for which
				the grant has been awarded, including all direct and indirect costs of whatever
				nature incurred in performance of the project.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart A - GENERAL PROVISIONS › Section 886.100 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to provide financial assistance
				  in the form of loans for the funding of site investigation, site remediation,
				  or both, at brownfields sites.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart A - GENERAL PROVISIONS › Section 886.105 - Administration

Current through Register Vol. 48, No. 28, July 12, 2024
The Brownfields Redevelopment Loan Program shall be
				  administered by the Illinois Environmental Protection Agency as an
				  instrumentality of the State of Illinois in accordance with State and federal
				  laws.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart A - GENERAL PROVISIONS › Section 886.115 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any Section, subsection, sentence or clause of this Part
				  shall be adjudged unconstitutional, void, invalid, or otherwise unlawful, such
				  adjudication shall not affect the validity of this Part as a whole, or any
				  Section, subsection, sentence, or clause thereof not adjudged unconstitutional,
				  void, invalid, or otherwise unlawful.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart B - BROWNFIELDS REDEVELOPMENT LOANS › Section 886.200 - Scope and Availability of Loans

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency shall establish and administer
				a revolving loan program to be known as the "Brownfields Redevelopment Loan
				Program" for the purpose of providing loans to be used for site investigation,
				site remediation, or both, at brownfields sites. (Section 58.15(a) of the
				Act)
b) Loans shall be at or below
				market interest rates in accordance with a formula set forth in this Part.
				(Section 58.15(b)(1) of the Act)
c)
				Loans shall be awarded subject to availability of funding based on the order of
				receipt of applications satisfying all requirements as set forth in this Part.
				(Section 58.15(b)(2) of the Act)
d)
				In addition to any other requirements or conditions placed on loans by this
				Part, loan agreements shall include the following requirements:
1) The loan recipient shall secure the loan
				repayment obligation. (Section 58.15(b)(4)(A) of the Act)
2) Completion of the loan repayment shall not
				exceed 5 years. (Section 58.15(b)(4)(B) of the Act)
3) Loan agreements shall provide for a
				confession of judgment by the loan recipient upon default. (Section
				58.15(b)(4)(C) of the Act)
4) Loans
				shall not be used to cover expenses incurred prior to the approval of the loan
				application. (Section 58.15(b)(5) of the Act)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart B - BROWNFIELDS REDEVELOPMENT LOANS › Section 886.201 - Eligible Applicants

Current through Register Vol. 48, No. 28, July 12, 2024
Units of local government and private parties shall be
				  eligible to apply for loan assistance to perform investigative or remedial
				  activities at a site where there is a release, threatened release, or suspected
				  release of hazardous substances, pesticides, or petroleum, provided the project
				  site is eligible for entry into the Site Remediation Program pursuant to 35
				  Ill. Adm. Code 740.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart B - BROWNFIELDS REDEVELOPMENT LOANS › Section 886.205 - Loan Issuance Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Criteria for awarding loans shall include, but shall not be limited to, the
				following:
1) Credit worthiness and ability
				to repay the loan;
2) Potential for
				economic redevelopment;
3)
				Long-term benefits and sustainability;
4) Strength of community and local
				support;
5) Interest of potential
				future users of the brownfields site;
6) Protection of human health and the
				environment; and
7) A written
				commitment by the loan recipient or other entity to enter the brownfields site
				into the Site Remediation Program.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart B - BROWNFIELDS REDEVELOPMENT LOANS › Section 886.210 - Pre-Applications for Brownfields Redevelopment Loans

Current through Register Vol. 48, No. 28, July 12, 2024
Every loan applicant shall submit to the Agency a
				  pre-application that, at a minimum, includes the following items:
a) the reason for the proposed
				project;
b) a description of the
				proposed project;
c) an estimated
				cost of the proposed project;
d) a
				proposed schedule for completion of the proposed project;
e) a summary of prior environmental
				assessments;
f) an explanation of
				the applicant's relationship to the brownfields site; and
g) a strategy for loan repayment.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart B - BROWNFIELDS REDEVELOPMENT LOANS › Section 886.215 - Applications for Brownfields Redevelopment Loans

Current through Register Vol. 48, No. 28, July 12, 2024
a) To be considered for a brownfields
				redevelopment loan, an applicant shall file with the Agency a complete
				application, in accordance with the requirements of this Section.
b) Applicants for brownfields redevelopment
				loans shall use loan application forms furnished by the Agency, or a similar
				format. Loan applications, including budget forms, may be obtained from and
				must be submitted to: Illinois Environmental Protection Agency, Bureau of Land,
				Office of Brownfields Assistance, 1021 North Grand Avenue East, Springfield,
				Illinois 62794-9276.
c) A complete
				brownfields redevelopment loan application shall include the following:
1) Background information, including:
A) An identification of the site location and
				size, including the legal description and the Property Tax ID;
B) An explanation of the relationship of the
				loan applicant to the site;
C) A
				description of the investigative and remedial work performed at the site, if
				any, and a summary of all prior environmental assessments and conclusions,
				including attachments of copies of all environmental reports generated for any
				part of the site (i.e., Site Investigation Report, Remediation Objectives
				Report, Remedial Action Plan, Remedial Action Completion Report, or their
				equivalents);
D) A description of
				the negative effects on the local community of the site and the positive
				effects on the local community of funding and implementing the proposed
				project;
E) A description of the
				local government's involvement and planned additional involvement in the
				proposed project;
F) A description
				of the anticipated long-term benefits of the project and the means by which the
				local government will sustain the benefits;
G) A description of the future participation
				of the site in the Site Remediation Program and an identification of who the
				remedial applicant will be, including a letter committing the site's entry into
				the Site Remediation Program; and
H) An indication as to how the success of the
				project will be measured.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart B - BROWNFIELDS REDEVELOPMENT LOANS › Section 886.220 - Agency Action on Application

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Issuance of brownfields redevelopment loans is subject to availability of
				funding.
b) The Agency shall take
				action on all pending complete brownfields redevelopment loan applications, at
				a minimum, at the close of each of two loan application periods per year, the
				first ending January 1 and the second ending July 1, except as provided in
				subsection (c) of this Section.
c)
				The Agency may award and fund any loan prior to the end of a loan application
				period provided that the loan applicant demonstrates that:
1) Remediation of the project site is
				necessary to assure protection of human health and environment; and
2) Failure to issue the loan prior to the end
				of the loan application period would substantially impair implementation of the
				project.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart B - BROWNFIELDS REDEVELOPMENT LOANS › Section 886.225 - Loan Award Acceptance

Current through Register Vol. 48, No. 28, July 12, 2024
No more than 30 days after receipt of loan award selection
				  notification by the Agency, the loan recipient shall notify the Agency in
				  writing of its acceptance. If the loan recipient fails to so notify the Agency,
				  the loan award shall be null and void.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart B - BROWNFIELDS REDEVELOPMENT LOANS › Section 886.230 - Loan Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon
				receipt of written acceptance of a loan award, the Agency shall send to the
				loan recipient formal loan agreement documents, including:
1) A loan agreement to be signed by the
				Agency and the loan recipient;
2) A
				copy of the loan recipient's complete application, including budget forms;
				and
3) A form on which the loan
				recipient is to state the loan recipient's federal taxpayer identification
				number or social security number.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart B - BROWNFIELDS REDEVELOPMENT LOANS › Section 886.235 - Amendments to Loan Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
a) To
				implement a project change, the loan recipient first must obtain a formal
				amendment to the loan agreement. The loan recipient may request an amendment to
				the loan agreement by submitting an amended loan application to the Agency at
				any point during the loan term.
b)
				The loan agreement may be amended only by the mutual consent of the parties set
				forth in writing as a formal loan agreement amendment, signed and dated by the
				Agency and the loan recipient.
c)
				The loan recipient may request amendments for project changes, including, but
				not limited to:
1) Increasing the amount of
				State funds needed to complete the project;
2) Altering the scope of the loan, as agreed
				to at the time of the loan award (e.g., by changing methodologies or personnel
				to be used); or
3) Extending any
				contractual or completion date for the project.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart B - BROWNFIELDS REDEVELOPMENT LOANS › Section 886.240 - Cost Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency shall approve for payment to the loan recipient, under the terms set
				forth in Section
				886.245 of
				this Part, only costs that have been incurred by the loan recipient and that
				meet the following criteria:
1) Costs within
				the scope of the project for which the loan was awarded;
2) Costs that are reasonable and necessary
				include, but are not limited to, costs associated with:
A) Agency oversight that result from the loan
				recipient's participation in the Site Remediation Program of Title XVII of the
				Act;
B) Environmental consultant
				oversight services;
C) Remedial
				investigation and design;
D) The
				development and implementation of activities necessary to establish remediation
				objectives;
E) Laboratory services
				necessary to determine site characterization and to establish cleanup
				objectives;
F) The installation and
				operation of groundwater investigation and groundwater monitoring
				wells;
G) The development and
				implementation of a soil sampling plan;
H) The development of a groundwater
				corrective action system;
I) The
				development of a soil corrective action plan;
J) Seeking payment from the Brownfields
				Redevelopment Loan Program in accordance with Section
				886.200(f)
				of this Part;
K) The purchase of
				non-expendable materials, supplies, equipment or tools used for the brownfields
				project;
L) Removing, mitigating or
				preventing the release, threatened release or suspected release of hazardous
				substances, pesticides or petroleum;
M) The demolition and removal of buildings
				and other structures located upon the site if such activity is necessary to the
				performance of the remediation; and
N) Monitoring activities, including sampling
				and analysis, that are reasonable and necessary during the site remediation
				process;
3) Costs equal
				to, but not exceeding, the total amount of the loan award;
4) Costs incurred on or after the date the
				loan agreement is executed;
5)
				Costs incurred without a knowing violation of any State or federal law;
				and
6) Costs incurred pursuant to a
				contract or subcontract in conformance with Section
				886.255
				(Requirements Applicable to Contracting and Subcontracting) of this
				Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart B - BROWNFIELDS REDEVELOPMENT LOANS › Section 886.245 - Loan Disbursements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency shall disburse loan proceeds to loan recipients for eligible costs
				incurred by the loan recipient, provided those costs are within the scope of
				the budget submitted pursuant to Section
				886.215
				of this Part.
b) To receive a loan
				disbursement from the Brownfields Redevelopment Loan Program, the loan
				recipient shall submit a written request for a disbursement to the Agency, with
				documentation of the activities performed and a breakdown of the costs
				sufficient to demonstrate that the costs for which a disbursement is sought are
				reasonable and have been incurred by the loan recipient. Documentation provided
				shall include, but not be limited to, the following:
1) An identification of the time period for
				which the activities/services were performed and the costs were
				incurred;
2) A brief description of
				the work performed;
3) A breakdown
				of the activities/services performed cross-referencing tasks proposed in the
				work plan schedule;
4) The names
				and titles of individuals performing activities/services and the dates and
				hours worked;
5) Copies of
				invoices; and
6) A list of expenses
				and/or costs incurred in connection with the activities/services
				performed.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart B - BROWNFIELDS REDEVELOPMENT LOANS › Section 886.250 - Loan Recipient Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				loan recipient shall submit quarterly progress reports to the Agency during the
				term of the loan. Each progress report should be a short narrative of the
				activities performed and the dates that they were performed during that quarter
				and shall include, but not be limited to, the following information:
1) The report period;
2) A summary of the activities/services
				performed and identified by project task;
3) The dates that the activities/services
				were performed;
4) The names of
				firms and individuals performing the activities/services;
5) A disclosure of any personnel
				changes;
6) A disclosure of
				significant issues that arose during the quarter that may necessitate a
				modification or amendment to the original work plan submitted;
7) A disclosure of major threshold
				accomplishments; and
8) Projected
				completion dates for the remaining activities/services to be
				performed.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart B - BROWNFIELDS REDEVELOPMENT LOANS › Section 886.255 - Requirements Applicable to Contracting and Subcontracting

Current through Register Vol. 48, No. 28, July 12, 2024
a) The following conditions and limitations
				shall apply to all contracts and subcontracts entered into by the loan
				recipient:
1) The loan recipient must use a
				freely and openly competitive bidding process in contracting and must require
				the same of any contractor in subcontracting;
2) Only fair and reasonable profits may be
				earned by contractors and subcontractors in contracts and subcontracts under
				Agency loans. Factors to be considered in determining a fair and reasonable
				profit shall include project-related: material acquisition costs; labor costs;
				management costs; contract risks; capital investments; degree of independent
				development; and cost control and record keeping efforts. The determination of
				a fair and reasonable profit shall not be based upon the application of a
				predetermined percentage factor;
3)
				The loan recipient, rather than the Agency, is responsible for the
				administration and successful accomplishment of the project for which the
				Agency loan is awarded. The loan recipient, rather than the Agency, is
				responsible for the settlement and satisfaction of all contractual and
				administrative issues arising out of contracts and subcontracts entered into
				under the loan. This responsibility includes, but is not limited to, issuance
				of invitations for bids or requests for proposals, selection of contractors,
				award of contracts, protest of awards, claims, disputes and other procurement
				matters;
4) Any contract or
				subcontract must include a provision allowing project-related access, in
				accordance with Section
				886.400(Access)
				 of this Part;
5) Any contract or subcontract must provide
				that the Agency or any authorized representative shall have access to any
				books, documents, papers, and records, including computer-generated documents,
				of the contractor or subcontractor that are pertinent to the project, for the
				purpose of making an audit, examination, excerpts, and transcriptions
				thereof;
6) Neither the Agency nor
				the State shall be a party to any contract or subcontract, solicitation, or
				request for proposals;
7) Any
				contract or subcontract shall be in compliance with all local, State and
				federal law.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart B - BROWNFIELDS REDEVELOPMENT LOANS › Section 886.260 - Agency Cost Recovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the
				Agency undertakes a response action at the site of an approved project, the
				Agency will not seek recovery of its costs under Section 22.2 or Title XVII of
				the Act from a loan recipient as an owner or operator if the loan recipient's
				status as an owner or operator is based solely on the loan recipient's:
1) Execution of a loan agreement;
				or
2) Implementation of an approved
				project.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart C - NONCOMPLIANCE WITH LOAN CONDITIONS AND PROCEDURES › Section 886.300 - Agency Action for Noncompliance with Loan Agreements and Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the loan
				recipient fails to make timely payments or otherwise fails to meet its
				obligations as provided in this Part, the Agency is authorized to 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
				or by taking any other means 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. (Section
				58.15(b)(6) of the Act)
b) In
				addition to such other remedies as may be provided by law, if the loan
				recipient fails to comply with any term or condition of the loan agreement or
				this Part, the Agency may:
1) Revoke the loan
				and recover all loan funds disbursed;
2) Terminate the loan in accordance with
				Section
				886.305
				of this Part;
3) Issue a stop-work
				order or suspend all project work in accordance with Section
				886.315 of this
				Part; or
4) Take such other action
				as the Agency is authorized by law.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart C - NONCOMPLIANCE WITH LOAN CONDITIONS AND PROCEDURES › Section 886.305 - Loan Termination by the Agency

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency, by written notice, may
				terminate the loan, in whole or in part, for cause. Cause for termination shall
				include, but shall not be limited to, failure by the loan recipient to comply
				with the terms and conditions of the loan agreement or this Part.
b) No action shall be taken under this
				Section without a prior reasonable and good faith attempt to consult, either
				orally or in writing, with the loan recipient.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart C - NONCOMPLIANCE WITH LOAN CONDITIONS AND PROCEDURES › Section 886.310 - Project Termination by the Loan Recipient

Current through Register Vol. 48, No. 28, July 12, 2024
a) The loan recipient may request the
				termination of an incomplete project for which a loan has been awarded only for
				good cause.
b) Within 90 days after
				receipt of the loan recipient's request to terminate a project, the Agency
				shall make a finding as to good cause. Good cause shall include, but shall not
				be limited to:
1) A change in the Brownfields
				Redevelopment Loan Program requirements or priorities;
2) Lack of adequate funding; or
3) Advancements in technology.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart C - NONCOMPLIANCE WITH LOAN CONDITIONS AND PROCEDURES › Section 886.315 - Stop-Work Orders

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency
				may, for any violation of this Part, issue a written stop-work order requiring
				the loan recipient to stop all or any part of the project work, effective for a
				period of not more than 30 days from the date of the order, or for any further
				period to which the parties may agree in writing. The Agency shall include in
				any stop-work order a list of the project activities to which the order
				applies.
b) Upon receipt of a
				stop-work order, the loan recipient must comply with its terms and stop the
				incurrence of costs allocable to the work covered by the order during the
				period of work stoppage.
c) No more
				than 30 days after the date of the stop-work order, or within any extension of
				that period to which the parties agree in writing, the Agency shall:
1) Upon resolution of the violation leading
				to the stop-work order, cancel the stop-work order; or
2) Terminate the portion of the loan covered
				by the stop-work order, as provided in Section
				886.305
				(Loan Termination by the Agency) of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart C - NONCOMPLIANCE WITH LOAN CONDITIONS AND PROCEDURES › Section 886.320 - Covenant Against Contingent Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) The loan recipient must warrant, as part
				of the loan agreement, that no person has been employed or retained to solicit
				or secure a loan under this Part based upon an agreement or understanding for a
				commission, percentage, brokerage or contingent fee.
b) For breach or violation of this warranty,
				the Agency shall have the right to terminate the loan in accordance with
				Section
				886.305
				(Loan Termination by the Agency) of this Part, without liability, or to deduct
				from the loan award, or otherwise recover, the full amount of such commission,
				percentage, brokerage or contingent fee.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart C - NONCOMPLIANCE WITH LOAN CONDITIONS AND PROCEDURES › Section 886.325 - Recovery of Loan Funds

Current through Register Vol. 48, No. 28, July 12, 2024
If the Agency determines that any loan funds are being
				  misspent or improperly held by the loan recipient, the Agency or the Office of
				  the Illinois Attorney General shall have the authority to recover those funds
				  and take any action authorized by law, including, but not limited to, Section
				  58.15(b)(6) of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart C - NONCOMPLIANCE WITH LOAN CONDITIONS AND PROCEDURES › Section 886.330 - Indemnification

Current through Register Vol. 48, No. 28, July 12, 2024
The loan recipient, rather than the Agency, shall assume the
				  entire risk, responsibility and liability for any and all loss or damage to
				  property owned by the loan recipient, the Agency, or third persons, and any
				  injury to or death of any persons (including employees of the loan recipient)
				  caused by or arising out of, or occurring in connection with, the execution of
				  any work, contract or subcontract arising out of the loan. The loan recipient
				  shall indemnify, save harmless and defend the State and the Agency from all
				  claims for any such loss, damage, injury or death. However, a loan recipient's
				  execution of a loan agreement, or implementation of an approved project, does
				  not, in itself, render the loan recipient an owner or operator for purposes of
				  415 ILCS
				  5/22.2(h)(2), or under regulations
				  promulgated pursuant to
				  415 ILCS
				  55/8 (35 Ill. Adm. Code 620). The loan recipient shall
				  require any contractor or subcontractor engaged by the loan recipient to agree
				  in writing to look solely to the loan recipient for performance of its contract
				  or subcontract with the loan recipient and for satisfaction of any and all
				  claims arising under the contract or subcontract.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart C - NONCOMPLIANCE WITH LOAN CONDITIONS AND PROCEDURES › Section 886.335 - Statutory Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The loan recipient is solely responsible for assuring
				  compliance with all statutory requirements, including, but not limited to, the
				  Local Government Professional Services Selection Act [50 ILCS 510 ] and the
				  Construction Contract Indemnification for Negligence Act [740 ILCS 35
				  ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart C - NONCOMPLIANCE WITH LOAN CONDITIONS AND PROCEDURES › Section 886.340 - Waiver of Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except
				as provided in subsection (b) below or otherwise required by law, the Director
				of the Agency may waive any of the loan procedures or requirements, either in
				whole or in part, by a written statement to the loan applicant, either as a
				special condition of the loan or otherwise, provided the Director of the Agency
				finds that the procedure or requirement to be waived is not necessary to insure
				the integrity of the project, will not reduce an applicant's ability to repay
				the loan to the Agency or will not, in general, weaken the financial position
				of the loan recipient.
b) The
				following procedures and requirements shall not be waived:
1) Section
				886.200
				(Scope and Availability of Loans);
2) Section
				886.205
				(Loan Issuance Criteria);
3)
				Section
				886.250
				(Loan Recipient Responsibilities);
4) Section
				886.300
				(Agency Action for Noncompliance with Loan Agreements and Procedures)
5) Section
				886.405 (Audit
				and Records);
6) Section
				886.500 (Fixed
				Loan Rate);
7) Section
				886.505
				(Limitations on Loan Amounts);
8)
				Section
				886.510
				(Credit Worthiness and Financial Capability); and
9) Section
				886.600
				(Dedicated Source of Revenue, Security and Collateral).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart D - ACCESS, AUDIT AND RECORDS › Section 886.400 - Access

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency or
				any authorized representative shall have access to the premises where any
				portion of the project for which the loan was awarded is being performed, both
				during normal business hours and at any other time project-related work is
				being performed.
b) The Agency or
				any authorized representative shall have access, during normal business hours,
				to the project records, as defined in Section
				886.405 (Audit
				and Records) of this Part, to the full extent of the loan recipient's right to
				access the project records.
c) If
				the Agency or any authorized representative is denied access in violation of
				this Section, the Agency shall provide notice in writing to the loan recipient
				that failure to provide access within 10 days will be cause for:
1) Termination of the loan pursuant to
				Section
				886.305
				(Loan Termination by the Agency) of this Part;
2) Refund to the State of any unexpended loan
				funds in the possession of the loan recipient; and
3) Refund of any loan funds previously
				expended by the loan recipient, contractor or subcontractor found in
				noncompliance with this Section.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart D - ACCESS, AUDIT AND RECORDS › Section 886.405 - Audit and Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) The loan
				recipient shall maintain books, records, documents, reports and other
				evidentiary material, using accounting procedures and practices that conform to
				generally accepted accounting principles, as established by the Financial
				Accounting Standards Board, an independent organization, to account properly
				for:
1) The receipt and disposition by the
				loan recipient of all financial assistance received for the project, including
				both State assistance and any local share; and
2) The costs charged to the project for which
				the loan has been awarded, including all direct and indirect costs of whatever
				nature incurred in performance of the project.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart D - ACCESS, AUDIT AND RECORDS › Section 886.410 - Single Audit Act

Current through Register Vol. 48, No. 28, July 12, 2024
The loan recipient shall comply with the provisions of the
				  Single Audit Act of 1996 (
				  31
				  USC 7501 ).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart E - INTEREST RATES, LOAN LIMITATIONS, CREDIT WORTHINESS AND FINANCIAL CAPABILITY › Section 886.500 - Fixed Loan Rate

Current through Register Vol. 48, No. 28, July 12, 2024
The fixed loan rate is comprised of an interest rate and a
				  loan support rate. The fixed loan rate charged for a brownfields redevelopment
				  loan shall be a simple annual rate at one-half the market interest rate, but
				  not less than 2.50 %.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart E - INTEREST RATES, LOAN LIMITATIONS, CREDIT WORTHINESS AND FINANCIAL CAPABILITY › Section 886.505 - Limitations on Loan Amounts

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				maximum loan amount for site investigation activities shall not exceed $120,000
				per site.
b) The maximum loan
				amount for any single application submitted pursuant to Section
				886.215
				(Applications for Brownfields Redevelopment Loans) of this Part shall be
				limited to $500,000.
c) The maximum
				loan amount for any single project shall be $1,000,000. (Section 58.15(b)(3) of
				the Act)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart E - INTEREST RATES, LOAN LIMITATIONS, CREDIT WORTHINESS AND FINANCIAL CAPABILITY › Section 886.510 - Credit Worthiness and Financial Capability

Current through Register Vol. 48, No. 28, July 12, 2024
a) The loan applicant shall demonstrate to
				the Agency that it has the necessary legal, financial and managerial capability
				to:
1) Retire the loan; and
2) Meet any covenants and requirements in the
				loan agreement.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart F - DEDICATED SOURCE OF REVENUE, REPAYMENT AND DELINQUENCY › Section 886.600 - Dedicated Source of Revenue, Security and Collateral

Current through Register Vol. 48, No. 28, July 12, 2024
a) Units of local government shall be
				required to secure the loan repayment obligation by pledging and dedicating a
				source of revenue to make loan repayments. Prior to loan approval, the Agency
				shall review the proposed dedicated and pledged revenue source to assure that
				it will generate revenues adequate to make the loan repayments and will provide
				a continuing source of revenue adequate to make loan repayments for the term of
				the loan. If the source of revenue is pledged in a subordinate position to a
				revenue bond ordinance, the covenants regarding coverage and reserve for the
				revenue source shall be identical to those in the revenue bond
				ordinance.
b) The necessary
				legislative enactments to dedicate and pledge the source of revenue must be in
				place before the Agency can make the first loan disbursement.
c) Units of local government shall establish
				an account, maintained by a bank or trust, that is restricted to use for loan
				repayment, in which to deposit the dedicated revenues prior to the time of
				first loan disbursement.
d) Units
				of local government shall, for the term of the loan, review and adjust the
				dedicated source of revenue as necessary to provide adequate funds for the
				repayment of the loan. The unit of local government shall timely notify, and
				submit to the Agency for approval, all proposed changes to the dedicated source
				of revenue.
e) The unit of local
				government shall submit to the Agency, upon request, a statement on the status
				of the restricted account after initiation of the loan repayment period that
				contains the status of the dedicated revenue account, including the projected
				revenues, actual revenues fund balance, debt service obligations and other
				requirements of the loan agreement. The Agency's approval will be based on, but
				not limited to, ensuring that the revised dedicated source of revenue is
				legally authorized, generates sufficient revenue and is otherwise in accordance
				with this Part.
f) In the event
				that the actual revenues fall short of the amount required to retire the loan,
				the Agency shall have the authority to require the unit of local government to
				re-examine the dedicated revenue source and restructure it as
				necessary.
g) Private parties shall
				be required to secure the loan repayment obligation by pledging and dedicating
				security or collateral sufficient in value to secure the full amount of the
				loan.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart F - DEDICATED SOURCE OF REVENUE, REPAYMENT AND DELINQUENCY › Section 886.605 - Loan Repayment to the Agency

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 repayment shall commence within 12
				months after the initial disbursement of funds by the Agency.
b) The Agency shall set a principal amount
				and give the loan recipient an interim repayment schedule.
c) After a final cost review of the project,
				the Agency shall establish the final principal amount and give the loan
				recipient a final repayment schedule.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 886 - BROWNFIELDS REDEVELOPMENT LOAN PROGRAM › Subpart F - DEDICATED SOURCE OF REVENUE, REPAYMENT AND DELINQUENCY › Section 886.610 - Delinquent Loan Repayments

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
				a repayment is not made according to the repayment schedule, the loan recipient
				shall notify the Agency in writing within 15 days after the repayment due date.
				The notification shall state the reasons the repayment was not timely tendered
				and the circumstances under which the late repayment will be satisfied, and
				shall contain binding commitments to assure future repayments. After receipt of
				this notification, the Agency shall accept the plan or take action in
				accordance with subsection (b) below.
b) If a loan recipient fails to comply with
				subsection (a) above, the Agency shall promptly issue a notice of delinquency
				to the loan recipient and require a written response within 15 days. The notice
				of delinquency shall require the loan recipient to take specified actions as
				may be appropriate to remedy the delinquency and to assure future
				repayments.
c) In the event that
				the loan recipient fails to timely or adequately respond to a notice of
				delinquency, or fails to meet any obligations pursuant to subsections (a) and
				(b) above, the Agency may impose against the loan recipient any of the
				sanctions set forth in Section
				886.300
				(Agency Action for Noncompliance with Loan Agreements and Procedures) of this
				Part, including, but not limited to, termination of the loan.
d) The Agency shall have the authority to
				impose a late payment fee on individual loan repayments that are deemed
				delinquent by the Agency in accordance with the procedures set forth in this
				Section. The late payment fee shall be an amount equal to twice the fixed loan
				rate, as stated in the loan agreement, multiplied by the delinquent loan
				repayment amount. The late payment fee may be assessed commencing on the date
				that the Agency deems the individual loan repayment to be delinquent in
				accordance with this Section, and may be assessed for each 30-day period that
				the individual repayment remains delinquent.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 887 - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Subpart A - GENERAL PROVISIONS › Section 887.100 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to set forth regulations for the
				  administration of grants made by the Illinois Environmental Protection Agency
				  under the Green Illinois Communities Program established in Executive Order
				  Number 7 (2000) (24 Ill. Reg. 7751) as amended by Executive Order Number 9
				  (2001) (25 Ill. Reg. 9723).