reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 887 - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Subpart A - GENERAL PROVISIONS › Section 887.105 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Unless specified otherwise, all terms shall have the meanings
				  set forth in the Illinois Environmental Protection Act [415 ILCS 5 ].
				  Additionally, for purposes of this Part, the following definitions
				  apply:
"Agency" means the Illinois Environmental Protection
				  Agency.
"Applicant" means a community or its representative that
				  applies for a Green Illinois Communities Program grant.
"Appropriately scaled watershed" means a watershed no greater
				  than 150,000 acres in size.
"Community" means, but is not limited to, one or more local
				  governments, a neighborhood within a large city, an appropriately scaled
				  watershed, or some other specific geographic area with which people identify or
				  share common interests.
"Community environmental visioning process" means an
				  inclusive process by which a community produces an environmental vision and
				  identifies strategies for achieving the environmental vision. The visioning
				  process must bring together varied interests in the community to identify the
				  community's environmental assets, evaluate changing conditions and build
				  collective approaches to improve the environment of the community.
"Community Visioning Facilitator" means an individual who
				  possesses skills and experience in designing an effective community visioning
				  process, recruiting and keeping individuals in the community involved in the
				  process, and facilitating large meetings of diverse stakeholders.
"Environmental vision" means a statement, description or
				  graphic depiction of a desired environmental state a community desires to
				  achieve 20 to 30 years in the future.
"Grant" means a Green Illinois Communities Program
				  grant.
"Grant agreement" means the written grant agreement
				  documents, and any amendments, signed by both the Agency and a grantee, in
				  which the terms and conditions governing the grant are stated and agreed to by
				  both parties.
"Grantee" means a community or its representative that has
				  been awarded a Green Illinois Communities Program grant.
"Green Illinois Communities Program grant" means a grant
				  awarded by the Agency pursuant to Executive Order and Proclamation 2000-7 and
				  Subpart B of this Part.
"Matching funds" means a cash or in-kind contribution to the
				  community environmental visioning process, other than the requested
				  grant.
"Partner" means a party, other than the applicant, that
				  provides matching funds to support the visioning process.
"State" means the State of Illinois.
"Visioning process" means the community environmental
				  visioning process.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 887 - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Subpart A - GENERAL PROVISIONS › Section 887.110 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any Section, subsection, sentence or clause of this Part
				  is 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 not adjudged unconstitutional, void,
				  invalid, or otherwise unlawful.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 887 - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Subpart B - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Section 887.200 - Scope and Availability of Grants

Current through Register Vol. 48, No. 28, July 12, 2024
a) Subject to the availability of funding for
				grant awards and the limitations and requirements set forth in this Part, grant
				assistance is available to communities to effect a community environmental
				visioning process.
b) Grants shall
				be awarded on a competitive basis.
c) Grants are limited to a maximum of
				$125,000. No community shall receive more than one grant under this
				Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 887 - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Subpart B - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Section 887.205 - Grant Assistance Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Criteria for awarding grants shall include, but is not limited to, the
				following:
1) The community commits to
				developing an environmental vision through a visioning process that is led by a
				community visioning facilitator;
2)
				The visioning process has support from a broad mix of parties in the community,
				as demonstrated by letters of commitment or support from the parties;
3) The community identifies the long-term
				environmental and civic infrastructure benefits it expects to receive from the
				visioning process. For the purposes of this subsection (a)(3) and Section
				887.210(c)(1)(C)
				 of this Part, the term "civic
				infrastructure" means the relationships, abilities and skills within the
				community that the community can utilize to address local issues; and
4) The community will use the visioning
				process to address at least four of the following environmental issues:
A) Clean air, including but not limited to
				the reduction of emissions into the air from businesses, government entities
				and citizens;
B) Quality water,
				including but not limited to the protection of surface water and groundwater
				resources, the reduction of pollutant discharges, and the restoration of
				aquatic habitats;
C) Waste
				reduction, including but not limited to the reduction of solid waste and
				hazardous waste through source reduction, re-use and recycling
				alternatives;
D) Efficient resource
				use, including but not limited to the conservation of energy, water and
				materials, and the use of renewable energy;
E) Parks and recreational areas, including
				but not limited to the development of community parks or recreational areas,
				bike trails, walking trails, and green ways;
F) The protection and restoration of natural
				areas, including but not limited to the protection, restoration and enhancement
				of natural habitats, wetlands, woodlands, forests, stream corridors, river
				corridors and open spaces;
G)
				Environmental education, including but not limited to the development of
				environmental stewardship and leadership through greater public awareness,
				volunteering and educational activities;
H) Compatible development strategies,
				including but not limited to strategies that preserve agricultural lands and
				open spaces through cluster, mixed use and other sustainable development
				practices; or
I) An environmental
				issue facing the community as a whole, other than those listed in subsections
				(a)(4)(A) through (H).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 887 - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Subpart B - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Section 887.210 - Applications for Grants

Current through Register Vol. 48, No. 28, July 12, 2024
a) To be
				considered for a Green Illinois Communities Program grant, an applicant must
				file one original and six copies of a complete application with the Agency in
				accordance with the requirements of this Section.
b) Grant applicants must submit a grant
				application in a format prescribed by the Agency. Applications may be obtained
				from, and must be submitted to:
Green Illinois Communities Program
Illinois Environmental Protection Agency
Office of Pollution Prevention
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
(217) 782-8700
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 887 - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Subpart B - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Section 887.215 - Agency Action on Application

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Grant awards are subject to the availability of funding for Green Illinois
				Communities Program grants.
b) The
				Agency shall publish deadlines for the submission of grant applications in the
				Illinois Register. The notice for a deadline shall appear in the Illinois
				Register not less than 45 days prior to the deadline.
c) The Agency shall review applications after
				the published deadline. The Agency shall reject applications that are
				incomplete or were not received on or before the published deadline.
d) The Agency shall, in writing and no more
				than 90 days after the published deadline, notify each applicant with a pending
				complete application of the following:
1) If
				funding for a grant award is available, the applicant's selection or rejection
				for a grant award; or
2) If funding
				for a grant award is not available, the unavailability of grant
				assistance.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 887 - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Subpart B - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Section 887.220 - Grant Award Acceptance

Current through Register Vol. 48, No. 28, July 12, 2024
No more than 30 days after a grantee receives notification of
				  a grant award, the grantee shall notify the Agency in writing of its acceptance
				  or non-acceptance of the grant award. If the grantee fails to notify the Agency
				  within 30 days, the grant award shall be null and void.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 887 - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Subpart B - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Section 887.225 - Grant Agreements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon
				receipt of the grantee's written acceptance of a grant award, the Agency shall
				send the grantee formal grant agreement documents, including but not limited to
				the following:
1) A grant agreement to be
				signed by the Agency and the grantee; and
2) A form on which the grantee is to state
				its legal status and federal taxpayer identification number.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 887 - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Subpart B - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Section 887.230 - Amendments to Grant Agreements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				grant agreement may be amended only by a written amendment signed and dated by
				the Agency and the grantee. The Agency shall not sign an amendment until the
				amendment has been signed by the grantee. An amendment shall take effect on the
				date it is signed by the Agency.
b)
				The grantee may request an amendment to the grant agreement by submitting an
				amended grant application to the Agency prior to the completion of the
				visioning process. Requested amendments may include, but are not limited to,
				the following:
1) Altering the scope of the
				visioning process (e.g., by changing methodologies or personnel to be
				used);
2) Extending the completion
				date for the visioning process; or
3) Changing the community visioning
				facilitator.
The Agency shall, in writing and within 90 days after its
				  receipt of an amended grant application, notify the grantee of its approval or
				  rejection of the requested amendment.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 887 - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Subpart B - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Section 887.235 - Cost Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grant
				award funds may be used for costs meeting the following criteria:
1) Costs within the scope of the visioning
				process;
2) Costs that are
				reasonable and necessary for completion of the visioning process, including but
				not limited to costs for personnel, travel, supplies, software tools, printing,
				and public involvement and outreach activities;
3) Costs totaling up to, but not exceeding,
				the total amount of the grant award; and
4) Costs incurred on or after the effective
				date of the grant agreement.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 887 - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Subpart B - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Section 887.240 - Grant Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency
				shall disburse the grant award to the grantee in lump sums according to the
				following schedule:
1) Fifty percent of the
				total grant award shall be disbursed upon execution of the grant agreement by
				the grantee and the Agency.
2) When
				the visioning process is at least fifty percent complete, the Agency and the
				grantee shall meet to discuss the status of the visioning process. Forty
				percent of the total grant award shall be disbursed upon confirmation by the
				Agency that the visioning process is at least fifty percent complete and
				execution by the grantee and the Agency of any grant agreement amendments
				necessary for the completion of the visioning process.
3) Ten percent of the total grant award shall
				be disbursed upon the Agency's receipt and approval of the final report
				required under Section
				887.245(f)
				of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 887 - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Subpart B - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Section 887.245 - Grantee Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Prior to contracting with a Community Visioning Facilitator, the grantee must
				submit to the Agency documentation demonstrating that the facilitator has the
				minimum qualifications for a Community Visioning Facilitator as set forth in
				Section
				887.105 of
				this Part.
b) Within 45 days after
				contracting with a Community Visioning Facilitator, the grantee must submit to
				the Agency a timeline for the visioning process. The timeline must show each
				task that will be performed in completing the visioning process and the key
				personnel associated with each task.
c) The grantee must develop an environmental
				vision and strategies for achieving the environmental vision through a
				community environmental visioning process that is led by a Community Visioning
				Facilitator.
d) As part of the
				visioning process the grantee must form a stakeholder group that, to the
				greatest extent practicable, includes representatives from all segments of the
				community, represents the community's diversity in terms of age, race, gender,
				location of residence and location of employment, and includes persons, groups
				and organizations that traditionally have not participated in community
				planning.
1) Community sectors that should be
				considered when forming the stakeholder group include, but are not limited to:
				agriculture, banking, chambers of commerce, commercial clubs, churches, civic
				organizations, community improvement or betterment groups, elderly citizens,
				health care, industry, libraries, local development organizations, local
				government, real estate, residents, retail business, schools, utilities and
				youth.
2) The stakeholder group
				shall form the core planning group for the visioning process and, with input
				from the community, perform a community self-evaluation, create the community's
				environmental vision and develop strategies for achieving the environmental
				vision.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 887 - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Subpart B - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Section 887.250 - Evaluation of Performance

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall oversee each grantee's performance in the
				  following manner:
a) The Agency shall
				evaluate the grantee's performance and progress toward completing the approved
				visioning process.
b) If the
				Agency's evaluation reveals the grantee is not in compliance with this Part, or
				one or more of the terms, conditions or limitations of the grant agreement, the
				Agency shall attempt to resolve the situation through negotiation with the
				grantee. The Agency and the grantee shall memorialize any settlement in writing
				as an amendment to the grant agreement in accordance with Section
				887.230
				of this Part. If a resolution is not achieved, the Agency may impose any of the
				sanctions set forth in Subpart C of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 887 - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Subpart C - NONCOMPLIANCE WITH GRANT CONDITIONS › Section 887.300 - Agency Action for Noncompliance with Grant Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
a) In addition to such other remedies as may
				be provided by law, in the event of noncompliance with any condition imposed
				pursuant to a grant or other violation of a grant agreement or this Part, the
				Agency may:
1) Revoke the grant and recover
				all grant funds disbursed;
2)
				Terminate the grant;
3) Suspend all
				visioning process work; or
4) Take
				such other action as the Agency is authorized to take.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 887 - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Subpart C - NONCOMPLIANCE WITH GRANT CONDITIONS › Section 887.305 - Termination by Grantee

Current through Register Vol. 48, No. 28, July 12, 2024
a) The grantee
				may request the termination of an incomplete visioning process for which a
				grant has been awarded only for good cause. Good cause shall include, but is
				not limited to, a change in Green Illinois Communities Program requirements or
				priorities, or a lack of adequate funding to pay grant awards.
b) The Agency shall review the grantee's
				request to terminate a visioning process and, no more than 90 days after the
				date of receipt of the request to terminate, make a finding as to good
				cause.
c) If the Agency finds the
				grantee's request to terminate the visioning process is for good cause, it
				shall terminate the grant. The termination shall be effective upon the date the
				Agency received the grantee's written request to terminate the visioning
				process. Within 45 days after its receipt of the Agency's written notification
				of termination, the grantee must return to the Agency all grant funds not
				expended or legally obligated as of the effective date of the termination and
				provide an accounting of all grant funds expended or legally
				obligated.
d) If the Agency finds
				the grantee's request to terminate the visioning process is without good cause,
				the Agency shall revoke the grant. Within 45 days after its receipt of the
				Agency's written notification of revocation, the grantee must return to the
				Agency all grant funds disbursed to the grantee.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 887 - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Subpart C - NONCOMPLIANCE WITH GRANT CONDITIONS › Section 887.310 - 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 any or all of the visioning process work. The stop order
				shall be effective for a period of not more than 30 days from the date of the
				order, or for any further period to which the grantee and the Agency may agree
				in writing. The Agency shall include in any stop-work order a list of the
				visioning process activities to which the order applies.
b) Upon its receipt of a stop-work order, the
				grantee must comply with the order's terms and cease incurring costs allocable
				to the work covered by the order during the period work is stopped.
c) No more than 30 days after the date of the
				stop-work order, or within any extension of that period to which the grantee
				and the Agency 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. The termination shall be effective as of the date of
				the stop-work order. Within 45 days after its receipt of the Agency's written
				notification of termination, the grantee must, with respect to the terminated
				portion of the grant, return to the Agency all grant funds not expended or
				legally obligated as of the date of the stop-work order and provide an
				accounting of all grant funds expended or legally obligated.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 887 - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Subpart C - NONCOMPLIANCE WITH GRANT CONDITIONS › Section 887.315 - 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, contingent fee or similar
				compensation.
b) For a breach or
				violation of this warranty, the Agency shall have the right to revoke the grant
				without liability or, in its discretion, deduct from the grant award or
				otherwise recover the full amount of such commission, percentage, brokerage,
				contingent fee or similar compensation.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 887 - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Subpart C - NONCOMPLIANCE WITH GRANT CONDITIONS › Section 887.320 - 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 887 - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Subpart C - NONCOMPLIANCE WITH GRANT CONDITIONS › Section 887.325 - 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 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. The
				  grantee shall require any party engaged by the grantee to agree in writing to
				  look solely to the grantee for performance of any contract with the grantee and
				  for satisfaction of any and all claims arising thereunder.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 887 - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Subpart D - ACCESS, AUDITING AND RECORDS › Section 887.400 - 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 a visioning process for which a grant was awarded is being
				performed, both during normal business hours and at any other time visioning
				process-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 visioning
				process records, as defined in Section
				887.405(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 Agency action pursuant to
				Subpart C of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 887 - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Subpart D - ACCESS, AUDITING AND RECORDS › Section 887.405 - 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 and standards, as established by the American
				Institute of Certified Public Accountants (1211 Avenue of the Americas, New
				York NY 10036-8775, 212/596-6200) (2001, no later editions or amendments
				included), to account properly for:
1) The
				receipt and disposition by the grantee of all financial assistance received for
				the visioning process from the State and from any other source; and
2) All costs of whatever nature incurred in
				performance of the visioning process.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 887 - GREEN ILLINOIS COMMUNITIES PROGRAM GRANTS › Subpart D - ACCESS, AUDITING AND RECORDS › Section 887.410 - Document Printing Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
All documents submitted to the Agency, including but not
				  limited to grant applications, quarterly progress reports and final reports,
				  must be typed, double-spaced and printed double-sided on recycled content
				  paper.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 888 - REVIEW OF REMEDIATION COSTS FOR RIVER EDGE REDEVELOPMENT ZONE SITE REMEDIATION TAX CREDIT › Section 888.100 - General

Current through Register Vol. 48, No. 28, July 12, 2024
This Part sets forth the procedures to be followed by
				Remediation Applicants to obtain Agency review and approval of remediation
				costs before applying for the River Edge Redevelopment Zone Site Remediation
				Tax Credit under Section 201(n) of the Illinois Income Tax Act [35 ILCS
				5/201(n) ]. This Part contains
				procedures for preliminary reviews of estimated remediation costs and reviews
				of remediation costs actually incurred, establishes fees for the Agency's
				reviews, provides for appeals of Agency determinations, and includes examples
				of remediation costs and ineligible costs.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 888 - REVIEW OF REMEDIATION COSTS FOR RIVER EDGE REDEVELOPMENT ZONE SITE REMEDIATION TAX CREDIT › Section 888.110 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any Section, subsection, sentence, or clause of this Part is
				judged invalid, such adjudication shall not affect the validity of this Part as
				a whole or any Section, subsection, sentence, or clause thereof not judged
				invalid.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 888 - REVIEW OF REMEDIATION COSTS FOR RIVER EDGE REDEVELOPMENT ZONE SITE REMEDIATION TAX CREDIT › Section 888.115 - Preliminary Review of Estimated Remediation Costs

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Remediation Applicant for any
			 remediation site enrolled in the Site Remediation Program may request a
			 preliminary review of estimated remediation costs by submitting a budget plan
			 along with the Remedial Action Plan required under 35 Ill. Adm. Code
			 740.450. No
			 budget plan shall be accepted for review by the Agency unless a Remedial Action
			 Plan satisfying the requirements of 35 Ill. Adm. Code
			 740.450 also
			 has been submitted. The budget plan shall be submitted on forms prescribed and
			 provided by the Agency and shall include, but not be limited to, the following
			 information:
1) Identification of applicant
			 and remediation site:
A) The full legal name,
			 address and telephone number of the Remediation Applicant, any authorized
			 agents acting on behalf of the Remediation Applicant, and any contact persons
			 to whom inquiries and correspondence must be addressed;
B) The address, site name, tax parcel
			 identification numbers and Illinois inventory identification number for the
			 remediation site for which the River Edge Redevelopment Zone Site Remediation
			 Tax Credit is being sought and the date of acceptance of the site into the Site
			 Remediation Program;
C) The Federal
			 Employer Identification Number (FEIN) or Social Security Number (SSN) of the
			 Remediation Applicant.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 888 - REVIEW OF REMEDIATION COSTS FOR RIVER EDGE REDEVELOPMENT ZONE SITE REMEDIATION TAX CREDIT › Section 888.120 - Application for Review of Remediation Costs

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Remediation Applicant for any
			 remediation site enrolled in the Site Remediation Program may submit an
			 application for review of remediation costs. No application shall be submitted
			 until a No Further Remediation Letter has been issued and the No Further
			 Remediation Letter (or an affidavit under 35 Ill. Adm. Code
			 740.620(a)(2)
			  stating that the No Further Remediation
			 Letter has been issued by operation of law) has been recorded in the chain of
			 title for the site, all in accordance with Title XVII of the Act and 35 Ill.
			 Adm. Code 740. The application shall be submitted on forms prescribed and
			 provided by the Agency and shall include, but not be limited to, the following
			 information:
1) Identification of applicant
			 and remediation site:
A) The full legal name,
			 address and telephone number of the Remediation Applicant, any authorized
			 agents acting on behalf of the Remediation Applicant, and any contact persons
			 to whom inquiries and correspondence must be addressed;
B) The address, site name, tax parcel
			 identification numbers and Illinois inventory identification number for the
			 remediation site for which the River Edge Redevelopment Zone Site Remediation
			 Tax Credit is being sought and the date of acceptance of the site into the Site
			 Remediation Program;
C) The Federal
			 Employer Identification Number (FEIN) or Social Security Number (SSN) of the
			 Remediation Applicant;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 888 - REVIEW OF REMEDIATION COSTS FOR RIVER EDGE REDEVELOPMENT ZONE SITE REMEDIATION TAX CREDIT › Section 888.125 - Agency Review of Application for Review of Remediation Costs

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency shall review the application
			 for review of remediation costs to determine, in accordance with Sections
			 888.135 and
			 888.140 of this
			 Part, whether the costs incurred are remediation costs.
b) The Agency shall have 60 days after the
			 receipt of an application for review to make a final determination on the
			 application. The Agency's record of the date of receipt of the application
			 shall be deemed conclusive unless a contrary date is proven by a dated, signed
			 receipt from registered or certified mail. The Remediation Applicant may waive
			 the time for review. Submittal of an amended application restarts the time for
			 review.
c) Further Review by the
			 Agency
1) If a preliminary review of a budget
			 plan has been obtained under Section
			 888.115
			 of this Part, the Remediation Applicant may submit, along with the application,
			 supporting documentation, and the applicable fee under Section
			 888.130
			 of this Part, a copy of the Agency's final determination on the budget plan
			 accompanied by a certification, signed by the Remediation Applicant or
			 authorized agent and notarized, as follows:
I, ________________ (name of Remediation Applicant, if
				individual, or name of authorized agent of Remediation Applicant), hereby
				certify that the actual remediation costs incurred at the site for line items
				(list line items to which certification applies) and identified in the
				application for review of remediation costs are equal to or less than the costs
				approved for the corresponding line items in the attached budget plan
				determination.
2) If the
			 budget plan determination and certification are submitted pursuant to
			 subsection (c)(1) of this Section, the Agency may, but is not required to,
			 conduct further review of the certified line item costs incurred for
			 development and implementation of the Remedial Action Plan and may approve such
			 costs as submitted. The Agency's further review shall be limited to confirming
			 that costs approved in the Agency's budget plan determination were actually
			 incurred by the Remediation Applicant for development and implementation of the
			 Remedial Action Plan.
3) If the
			 certification in subsection (c)(1) of this Section does not apply to all line
			 items as approved in the budget plan, the Agency shall conduct its review of
			 the costs for the uncertified line items as if no budget plan had been
			 approved. In that review, the Agency shall not reconsider the appropriateness
			 of any activities, materials, labor, equipment, structures, or services already
			 approved by the Agency for the development and implementation of the Remedial
			 Action Plan.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 888 - REVIEW OF REMEDIATION COSTS FOR RIVER EDGE REDEVELOPMENT ZONE SITE REMEDIATION TAX CREDIT › Section 888.130 - Fees and Manner of Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 There is no fee for the preliminary review of estimated remediation costs under
			 Section
			 888.115
			 of this Part.
b) The fee for the
			 review of an application for review of remediation costs under Section
			 888.125
			 of this Part is $250 for each remediation site reviewed.
c) The fee for a review under this Part shall
			 be in addition to any other fees, payments, or assessments under Title XVII of
			 the Act and 35 Ill. Adm. Code 740. The fee shall be paid by check or money
			 order made payable to "Treasurer - State of Illinois, for Deposit in the
			 Hazardous Waste Fund". The check or money order shall include the Illinois
			 inventory identification number and the Federal Employer Identification Number
			 (FEIN) or Social Security Number (SSN) of the Remediation Applicant.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 889 - MEDICATION TAKEBACK PROGRAM › Subpart A - GENERAL › Section 889.100 - Purpose and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				purpose of this Part is to establish a medication takeback program, pursuant to
				Section 22.55(l) of the Act,
to ensure that there are pharmaceutical
				product disposal options regularly available for residents across the
				State.
[ 415 ILCS
				5/22.55(l) ]
b) This Part applies to any person that
				accepts pharmaceutical products at a household waste drop-off point in
				accordance with Section 22.55(c) of the Act and that the Agency has selected to
				arrange for the disposal of accepted pharmaceutical products.
c) Nothing in this Part shall prevent any
				person from accepting pharmaceutical products at a household waste drop-off
				point in accordance with Section 22.55(c) of the Act or any other location and
				arranging for the disposal of accepted pharmaceutical products in accordance
				with applicable State and federal law.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 889 - MEDICATION TAKEBACK PROGRAM › Subpart A - GENERAL › Section 889.105 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Except as stated in this Section, or unless a different
				  meaning of a word or term is clear from the context, the definitions of words
				  or terms in this Part shall be the same as that applied to the same words or
				  terms in Title I or Title V of the Environmental Protection Act.
"Act" means the Environmental Protection Act [ 415 ILCS 5
				  ].
"Agency" means the Illinois Environmental Protection
				  Agency
. [ 415 ILCS 5/3.105 ]
"Controlled substance" means a controlled substance
				  as defined in the Illinois Controlled Substances Act
[ 720 ILCS 570 ].
				  [ 415 ILCS
				  5/22.55(b) ]
"Household waste" means waste generated from a single
				  residence or multiple residences.
[
				  415 ILCS
				  5/22.55(b) ]
"Household waste drop-off point" means the portion of
				  a site or facility used solely for the receipt and temporary storage of
				  household waste.
[
				  415 ILCS
				  5/22.55(b) ]
"Medication takeback location" means a household waste
				  drop-off point that accepts pharmaceutical products for which the Agency has
				  agreed to make disposal arrangements.
"Operator" means a person responsible for the operation and
				  maintenance of a household waste drop-off point at which pharmaceutical
				  products are accepted.
"Owner" means a person who has an interest, directly or
				  indirectly, in land, including a leasehold interest, on which a person operates
				  or maintains a medication takeback who operates or maintains that medication
				  takeback location.
"Person" means individual, trust, firm, joint stock
				  company, joint venture, consortium, commercial entity, corporation (including a
				  government corporation), partnership, association, state, municipality,
				  commission, political subdivision of a state, or any interstate body, including
				  the United States government and each department, agency and instrumentality of
				  the United States.
[
				  415 ILCS
				  5/58.2 ]
"Pharmaceutical product" means a medicine or a
				  product containing medicine. A pharmaceutical product may be sold by
				  prescription or over the counter. "Pharmaceutical product" does not include
				  medicine or a product that contains a radioactive component.
[
				  415 ILCS
				  5/22.55(b) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 889 - MEDICATION TAKEBACK PROGRAM › Subpart A - GENERAL › Section 889.110 - Compliance with Applicable Law

Current through Register Vol. 48, No. 28, July 12, 2024
Any person subject to this Part must comply with all
				  applicable State and federal laws and regulations, including but not limited to
				  State and federal laws and regulations that govern the collection and disposal
				  of controlled substances and other pharmaceutical products or State and federal
				  regulations that require pharmaceutical product manufacturers to provide a
				  product stewardship program or product takeback program as part of a managed
				  risk evaluation and mitigation strategy.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 889 - MEDICATION TAKEBACK PROGRAM › Subpart A - GENERAL › Section 889.115 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any Section, subsection, sentence or clause of this Part
				  is judged invalid, that adjudication shall not affect the validity of this Part
				  as a whole or any Section, subsection, sentence or clause of this Part not
				  judged invalid.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 889 - MEDICATION TAKEBACK PROGRAM › Subpart B - APPLICATION, SELECTION AND OPERATION › Section 889.200 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person
				seeking to have the Agency arrange for the disposal of pharmaceutical products
				accepted at a medication takeback location must submit to the Agency an
				application requesting that the Agency arrange for the disposal.
b) Applications must be on the forms
				prescribed by the Agency. The application must include:
1) The name and address of the medication
				takeback location;
2) The name and
				address of the operator of the medication takeback location;
3) The name and telephone number of the
				operator of the medication takeback location;
4) The name and address of the owner of the
				site on which the medication takeback location is located;
5) The geographic area served by the
				medication takeback location;
6)
				The population of the geographic area served by the medication takeback
				location, according to the most recent decennial census;
7) The dates and times that pharmaceutical
				products will be accepted at the medication takeback location;
8) The volume of pharmaceutical products
				accepted at the medication takeback location during the preceding calendar
				year, if applicable; and
9) The
				requested duration of Agency-sponsored disposal.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 889 - MEDICATION TAKEBACK PROGRAM › Subpart B - APPLICATION, SELECTION AND OPERATION › Section 889.205 - Agency Action

Current through Register Vol. 48, No. 28, July 12, 2024
a) Subject to
				appropriation, the Agency may provide for the disposal of pharmaceutical
				products accepted at one or more medication takeback locations selected
				pursuant to subsection (b).
b)
				Subject to appropriation, the Agency will review applications submitted in
				accordance with this Section and select applicants for whom the Agency will
				provide for the disposal of accepted pharmaceutical products. In making its
				selection, the Agency will consider site-specific factors, including but not
				limited to:
1) The geographic location of the
				medication takeback location;
2)
				The geographic area served by the medication takeback location;
3) The population of the area served by the
				medication takeback location, according to the most recent decennial
				census;
4) The volume of
				pharmaceutical products accepted at the medication takeback location during the
				previous calendar year, if applicable;
5) The names and locations of other known
				entities that collect pharmaceutical products within a 25 mile radius of the
				medication takeback location; and
6) The estimated cost to the Agency of
				accepting and disposing the pharmaceutical products collected at the medication
				takeback location.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 889 - MEDICATION TAKEBACK PROGRAM › Subpart B - APPLICATION, SELECTION AND OPERATION › Section 889.210 - Operating Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Medication takeback locations must be located at a site or facility where
				pharmaceutical products are lawfully sold, distributed or dispensed. This
				subsection (a
) does not apply to household waste drop-off points
				operated by a government or by an association or other organization of
				government
. [
				415 ILCS
				5/22.55(c)(2)(A) ]
b)
The location of
				acceptance
of pharmaceutical products at the medication takeback
				location
must be clearly identified
. [
				415 ILCS
				5/22.55(c)(3) ]
c) Pharmaceutical products that are accepted
				at medication takeback locations may only be accepted in accordance with the
				Act, this Part, and other applicable law. Pharmaceutical products accepted at
				the medication takeback location
must be accepted only from private
				individuals
. Pharmaceutical products
must not be accepted from
				other persons, including, but not limited to, owners and operators of rented or
				leased residences where the household waste was generated, commercial haulers,
				and other commercial, industrial, agricultural and government operations or
				entities
. [ 415 ILCS
				5/22.55(c)(4) ]
d) Pharmaceutical products accepted at the
				medication takeback location
must be managed separately
from
				all other household waste accepted at the medication takeback location
prior to its packaging for off-site transfer
. [
				415 ILCS
				5/22.55(c)(5) ]
e) Security of Accepted Pharmaceutical
				Products
1) Pharmaceutical products must be
				accepted and managed
in a manner that protects against releases of
				the
pharmaceutical products,
prevents nuisances, and otherwise
				protects human health and the environment.
[
				415 ILCS
				5/22.55(c)(7) ]
2) Accepted pharmaceutical products must be
				properly secured
to prevent unauthorized public access to the
pharmaceutical products,
including, but not limited to, preventing
				access to the pharmaceutical products during the non-business hours of the site
				or facility on which the household waste drop-off point is located.
[
				415 ILCS
				5/22.55(c)(7) ]
3) Accepted pharmaceutical products must not
				be stored
for longer than 90 days after receipt, except as otherwise
				approved by the Agency in writing
. [
				415 ILCS
				5/22.55(c)(6) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 889 - MEDICATION TAKEBACK PROGRAM › Subpart B - APPLICATION, SELECTION AND OPERATION › Section 889.215 - Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) The operator of
				any medication takeback location must maintain records that identify the volume
				of pharmaceutical products accepted for Agency arranged disposal.
b) Records maintained pursuant to subsection
				(a) must be kept and made available to the Agency. The medication takeback
				location must have the appropriate equipment on the premises to provide readily
				retrievable information in the course of an on-site inspection. A hard copy
				printout must be provided to the Agency, upon request, within 48 hours. These
				records must be maintained for a minimum of three calendar years after the date
				of acceptance.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 889 - MEDICATION TAKEBACK PROGRAM › Subpart B - APPLICATION, SELECTION AND OPERATION › Section 889.220 - Termination

Current through Register Vol. 48, No. 28, July 12, 2024
a) Operator
				Notification
1) Any operator of a medication
				takeback location that ceases to accept pharmaceutical products for Agency
				arranged disposal must submit a written notification to the Agency within 30
				days after the date the collection terminates.
2) At a minimum, the written notification
				required by subsection (a)(1) must state:
A)
				the date acceptance of pharmaceutical products for Agency arranged disposal was
				terminated;
B) the volume of
				pharmaceutical products accepted for Agency arranged disposal prior to
				collection termination.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 900 - GENERAL PROVISIONS › Section 900.102 - Prohibition of Noise Pollution

Current through Register Vol. 48, No. 28, July 12, 2024
A person must not cause or allow the emission of sound beyond
				the boundaries of that person's property, as defined in Section 25 of the
				Environmental Protection Act [
				415 ILCS
				5/25 ], that causes noise pollution in Illinois or
				violates any provision of this Chapter.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 900 - GENERAL PROVISIONS › Section 900.103 - Measurement Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Procedures Applicable to All of 35 Ill. Adm. Code: Subtitle H, Chapter I
The procedures for the measurement of sound under Subtitle H,
				Chapter I, except for Parts 900 and 901, must substantially conform to
				standards and recommended practices established by ANSI, ASA, IEC, or SAE,
				incorporated by reference at Section
				900.106.
				The sound measurement procedures for 35 Ill. Adm. Code 900 and 901 must conform
				to 35 Ill. Adm. Code 910.
b) Procedures Applicable Only to 35 Ill. Adm.
			 Code 901
1) All measurements and all
			 measurement procedures to determine compliance with 35 Ill. Adm. Code 901,
			 except for measurements to determine compliance with 35 Ill. Adm. Code
			 901.109,
			 must be based on Leq averaging, as defined in Section
			 900.101, using a
			 reference time as follows:
A) Except as
			 specified in subsection (b)(1)(B) for steady sound, use a reference time of at
			 least 1 hour for all sound measurements and measurement procedures.
B) For measurement of steady sound as defined
			 in Section 900.101, use a reference time of at least 10 minutes.