Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM › Subpart A - INTRODUCTION › Section 365.120 - Clean Water Act Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Water Pollution Control Loan Program is administered by the Agency in
				accordance with the Clean Water Act and the Illinois Environmental Protection
				Act.
b) The Capitalization Grant
				Agreement between the Agency and USEPA contains or incorporates by reference
				the following:
1) the Operating Agreement
				between USEPA and the Agency that contains the organization, administrative
				framework, and procedures of the WPCLP that are not expected to change
				annually;
2) the Agency's Intended
				Use Plan;
3) an agreed upon payment
				schedule between USEPA and the Agency;
4) the Green Project Reserve
				requirements;
5) the Agency's State
				environmental review process; and
6) the Agency's agreement to the following:
A) to accept grant payments in accordance
				with a negotiated payment schedule;
B) to deposit into the State Water Revolving
				Fund an amount equaling at least 20% of each grant payment;
C) to make binding commitments in an amount
				equal to 120% of each quarterly federal grant payment within one year after the
				receipt of each quarterly grant payment;
D) to expend all funds in an expeditious and
				timely manner;
E) to first use
				funds equaling the amount of the grant, all repayments of principal and
				payments of interest on the initial loans from the grant, and the State match
				to assure maintenance of progress, as determined by the Governor, toward
				compliance with enforceable deadlines, goals and requirements of the CWA,
				including the municipal compliance deadline;
F) treatment works that will be constructed
				in whole or in part with assistance from the State Water Revolving Fund will
				meet the requirements of
				33 USC
				1371(c)(1) and
				1372;
G) to commit or expend each quarterly grant
				payment in accordance with State laws and procedures regarding the commitment
				or expenditure of revenue;
H) to
				use accounting, audit, and fiscal procedures conforming to generally accepted
				government accounting standards;
I)
				to require recipients under WPCLP to maintain projects and accounts in
				accordance with generally accepted government accounting standards, including
				standards relating to the reporting of infrastructure assets;
J) to make annual reports to the USEPA on the
				actual use of funds;
K) to
				establish, maintain, invest and credit the State Water Revolving Fund with
				repayments so that the fund balance will be available in perpetuity for
				activities under the CWA;
L) to use
				fees charged by the Agency to the recipients of assistance that are considered
				as program income for the purpose of financing of the cost of administering the
				WPCLP or financing projects or activities eligible for assistance under this
				Part;
M) to an annual audit of the
				WPCLP in accordance with the auditing procedures of the General Accounting
				Office ( 31 USC 75 );
N) to require
				public loan recipients to study the cost and effectiveness of the process,
				materials, techniques, and technologies for carrying out the proposed project
				or activity and to select, to the maximum extent practicable, a project or
				activity that maximizes the potential for efficient water use, reuse, recapture
				and conservation, and energy conservation; and
O) to require that contracts carried out with
				funds directly made available under this Part for program management,
				construction management, feasibility studies, preliminary engineering, design,
				engineering, surveying, mapping, or architectural related services are
				negotiated in the same manner as a contract for architectural and engineering
				services are negotiated under
				40 USC
				1101.