reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 858 - PROCEDURES FOR OPERATION OF THE NON-HAZARDOUS SOLID WASTE FEE SYSTEM › Subpart B - PROCEDURES FOR MAINTAINING RECORDS WHERE THE QUANTITY OF WASTE HAS BEEN WEIGHED › Section 858.203 - Daily Solid Waste Record

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Daily Solid Waste Record shall be maintained at the site and shall include the
				day of the week, the date, the Agency designated site number, and the site name
				and address. For each load of waste permanently disposed at the site the
				following information shall be recorded in the Daily Solid Waste Record:
1) The quantity of solid waste permanently
				disposed as weighed with a device for which certification has been obtained
				under the Weights and Measures Act.
2) If the waste is a non-hazardous special
				waste, the following information:
A) The
				supplemental waste stream permit number for any waste stream permitted under 35
				Ill. Adm. Code
				807.210, or
				a description of the waste stream in like manner as required for supplemental
				waste stream permits if such a supplemental waste stream permit is not
				required; and
B) For waste streams
				received under authority of a supplemental waste stream permit only, the name
				of the generator.
3) If
				the waste load permanently disposed is exempt from the fee payment provisions
				of Subpart D under Section
				858.103(a),
				the subparagraph under which the waste is exempted and a description of the
				waste.
4) If the waste load
				permanently disposed is exempt from the fee payment provisions of Subpart D
				under Section
				858.103(b),
				the following information;
A) The Agency
				exemption granted for the waste; and
B) The contract under which the solid waste
				is received.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 858 - PROCEDURES FOR OPERATION OF THE NON-HAZARDOUS SOLID WASTE FEE SYSTEM › Subpart B - PROCEDURES FOR MAINTAINING RECORDS WHERE THE QUANTITY OF WASTE HAS BEEN WEIGHED › Section 858.204 - Quarterly Solid Waste Summary (Recodified)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 858 - PROCEDURES FOR OPERATION OF THE NON-HAZARDOUS SOLID WASTE FEE SYSTEM › Subpart B - PROCEDURES FOR MAINTAINING RECORDS WHERE THE QUANTITY OF WASTE HAS BEEN WEIGHED › Section 858.205 - Supplemental Solid Waste Record (Recodified)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 858 - PROCEDURES FOR OPERATION OF THE NON-HAZARDOUS SOLID WASTE FEE SYSTEM › Subpart B - PROCEDURES FOR MAINTAINING RECORDS WHERE THE QUANTITY OF WASTE HAS BEEN WEIGHED › Section 858.206 - Monthly Solid Waste Record

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				Monthly Solid Waste Record shall be maintained at the site and shall include
				the following information:
1) The Agency
				designated site number, the site name and month for which the record
				applies.
2) The total quantity of
				solid waste received, in tons weighed, for each day of the calendar
				month.
3) The quantity of solid
				waste permanently disposed, in tons weighed, which is exempted from the fee
				payment provisions, showing the categorical exemptions which applies under
				Section
				858.103,
				for each day of the calendar month.
4) The quantity of solid waste permanently
				disposed, in tons weighed, which is subject to the fee payment provisions for
				each day of the calendar month.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 858 - PROCEDURES FOR OPERATION OF THE NON-HAZARDOUS SOLID WASTE FEE SYSTEM › Subpart B - PROCEDURES FOR MAINTAINING RECORDS WHERE THE QUANTITY OF WASTE HAS BEEN WEIGHED › Section 858.207 - Quarterly Solid Waste Summary

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				A Quarterly Solid Waste Summary shall be maintained at the site and shall
				include the following information:
1) The
				Agency designated site number, the site name and the calendar quarter for which
				the summary applies.
2) The total
				quantity of solid waste received in tons weighed:
A) for each month of the calendar
				quarter;
B) for the entire calendar
				quarter; and
C) for the calendar
				year-to-date.
3) The
				quantity of solid waste permanently disposed of in tons weighed that is
				exempted from the fee payment provisions showing the categorical exemption that
				applies under Section
				858.103:
A) for each month of the calendar
				quarter;
B) for the entire calendar
				quarter; and
C) for the calendar
				year-to-date.
4) The
				quantity of solid waste permanently disposed of in tons weighed that is subject
				to the fee payment provisions:
A) for the
				month of the calendar quarter;
B)
				for the entire calendar quarter; and
C) for the calendar year-to-date.
5) The fee rate applicable under
				Section 22.15 and Section 22.44 of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 858 - PROCEDURES FOR OPERATION OF THE NON-HAZARDOUS SOLID WASTE FEE SYSTEM › Subpart B - PROCEDURES FOR MAINTAINING RECORDS WHERE THE QUANTITY OF WASTE HAS BEEN WEIGHED › Section 858.208 - Revisions to Monthly Solid Waste Record and Quarterly Solid Waste Summary

Current through Register Vol. 48, No. 28, July 12, 2024
When errors in the amount of waste permanently disposed of or
				  the amount of the fee due under Section 22.15 or Section 22.44 are discovered
				  in any of the records required to be kept under this Part, a revised Monthly
				  Solid Waste Record and Quarterly Solid Waste Summary reflecting the corrections
				  shall be completed by the site operator and submitted to the Agency. The
				  revised Monthly Solid Waste Record and Quarterly Solid Waste Summary and any
				  payment due the Agency shall be received by the Agency no later than the
				  seventh day following the discovery of the error. If the revision results in a
				  payment due the site, the site operator shall show the adjustment on the next
				  Quarterly Solid Waste Summary.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 858 - PROCEDURES FOR OPERATION OF THE NON-HAZARDOUS SOLID WASTE FEE SYSTEM › Subpart C - PROCEDURES FOR MAINTAINING RECORDS WHERE THE QUANTITY OF WASTE HAS NOT BEEN WEIGHED › Section 858.301 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The requirements of this Subpart apply to sanitary landfills
				  where the owner or operator does not weigh the quantity of solid waste received
				  with a device for which certification has been obtained under the Weights and
				  Measures Act [225 ILCS 470 ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 858 - PROCEDURES FOR OPERATION OF THE NON-HAZARDOUS SOLID WASTE FEE SYSTEM › Subpart C - PROCEDURES FOR MAINTAINING RECORDS WHERE THE QUANTITY OF WASTE HAS NOT BEEN WEIGHED › Section 858.302 - Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) The operator of
				a sanitary landfill shall keep a record of solid waste received at the
				landfill. The operator shall keep the following records:
1) Daily Solid Waste Record;
2) Monthly Solid Waste Record; and
3) Quarterly Solid Waste Summary.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 858 - PROCEDURES FOR OPERATION OF THE NON-HAZARDOUS SOLID WASTE FEE SYSTEM › Subpart C - PROCEDURES FOR MAINTAINING RECORDS WHERE THE QUANTITY OF WASTE HAS NOT BEEN WEIGHED › Section 858.303 - Daily Solid Waste Record

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Daily Solid Waste Record shall be maintained at the site and shall include the
				day of the week, the date, the Agency designated site number and the site name
				and address. For each load of waste received at the site the following
				information shall be recorded in the Daily Solid Waste Record:
1) The amount of solid waste received as
				measured in cubic yards.
2) If the
				waste is a non-hazardous special waste, the following information:
A) The supplemental waste stream permit
				number for any waste stream permitted under 35 Ill. Adm. Code
				807.210, or
				a description of the waste stream in like manner as required for supplemental
				waste stream permits if such a supplemental waste stream permit is not
				required; and
B) For waste streams
				received under authority of a supplemental waste stream permit only, the name
				of the generator.
3) If
				the waste load permanently disposed is exempt from the fee payment provisions
				of Subparagraph D under Section
				858.103(a),
				the sub-paragraph under which the waste is exempted and a description of the
				waste.
4) If the waste load
				permanently disposed is exempt from the fee payment provisions of Subpart D
				under Section
				858.103(b),
				the following information:
A) The Agency
				exemption granted for the waste; and
B) The contract under which the solid waste
				is received.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 858 - PROCEDURES FOR OPERATION OF THE NON-HAZARDOUS SOLID WASTE FEE SYSTEM › Subpart C - PROCEDURES FOR MAINTAINING RECORDS WHERE THE QUANTITY OF WASTE HAS NOT BEEN WEIGHED › Section 858.304 - Quarterly Solid Waste Summary (Recodified)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 858 - PROCEDURES FOR OPERATION OF THE NON-HAZARDOUS SOLID WASTE FEE SYSTEM › Subpart C - PROCEDURES FOR MAINTAINING RECORDS WHERE THE QUANTITY OF WASTE HAS NOT BEEN WEIGHED › Section 858.305 - Supplemental Solid Waste Record (Recodified)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 858 - PROCEDURES FOR OPERATION OF THE NON-HAZARDOUS SOLID WASTE FEE SYSTEM › Subpart C - PROCEDURES FOR MAINTAINING RECORDS WHERE THE QUANTITY OF WASTE HAS NOT BEEN WEIGHED › Section 858.306 - Measurement (Recodified)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 858 - PROCEDURES FOR OPERATION OF THE NON-HAZARDOUS SOLID WASTE FEE SYSTEM › Subpart C - PROCEDURES FOR MAINTAINING RECORDS WHERE THE QUANTITY OF WASTE HAS NOT BEEN WEIGHED › Section 858.307 - Monthly Solid Waste Record

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				Monthly Solid Waste Record shall be maintained at the site and shall include
				the following information:
1) The Agency
				designated site number, the site name and address and the calendar month for
				which the record applies.
2) The
				total quantity of solid waste permanently disposed as measured in cubic yards
				for each day of the calendar month.
3) The quantity of solid waste permanently
				disposed as measured in cubic yards which is exempted from the fee payment
				provisions showing the categorical exemption which applies under Section
				858.103
				for each day of the calendar month.
4) The quantity of solid waste permanently
				disposed as measured in cubic yards which is subject to the fee payment
				provisions for each day of the calendar month.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 858 - PROCEDURES FOR OPERATION OF THE NON-HAZARDOUS SOLID WASTE FEE SYSTEM › Subpart C - PROCEDURES FOR MAINTAINING RECORDS WHERE THE QUANTITY OF WASTE HAS NOT BEEN WEIGHED › Section 858.308 - Quarterly Solid Waste Summary

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				A Quarterly Solid Waste Summary shall be maintained at the site and shall
				include the following information:
1) The
				Agency designated site number, the site name and address and the month for
				which the record applies.
2) The
				total quantity of solid waste permanently disposed as measured in cubic yards:
A) for each month of the calendar
				quarter;
B) for the entire calendar
				quarter; and
C) for the calendar
				year-to-date.
3) The
				quantity of solid waste permanently disposed of in tons weighed that is
				exempted from the fee payment provisions showing the categorical exemption that
				applies under Section
				858.103:
A) for each month of the calendar
				quarter;
B) for the entire calendar
				quarter; and
C) for the calendar
				year-to-date.
4) The
				quantity of solid waste permanently disposed of in tons weighed that is subject
				to the fee payment provisions:
A) for the
				month of the calendar quarter;
B)
				for the entire calendar quarter; and
C) for the calendar year-to-date.
5) The fee rate applicable under
				Section 22.15 and Section 22.44 of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 858 - PROCEDURES FOR OPERATION OF THE NON-HAZARDOUS SOLID WASTE FEE SYSTEM › Subpart C - PROCEDURES FOR MAINTAINING RECORDS WHERE THE QUANTITY OF WASTE HAS NOT BEEN WEIGHED › Section 858.309 - Revisions to Monthly Solid Waste Record and Quarterly Solid Waste Summary

Current through Register Vol. 48, No. 28, July 12, 2024
When errors in the amount of waste permanently disposed of or
				  the amount of the fee due under Section 22.15 or Section 22.44 are discovered
				  in any of the records required to be kept under this Part, a revised Monthly
				  Solid Waste Record and Quarterly Solid Waste Summary reflecting the corrections
				  shall be completed by the site operator and submitted to the Agency. The
				  revised Monthly Solid Waste Record and Quarterly Solid Waste Summary and any
				  payment due the Agency shall be received by the Agency no later than the
				  seventh day following the discovery of the error. If the revision results in a
				  payment due the site, the site operator shall show the adjustment on the next
				  Quarterly Solid Waste Summary.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 858 - PROCEDURES FOR OPERATION OF THE NON-HAZARDOUS SOLID WASTE FEE SYSTEM › Subpart C - PROCEDURES FOR MAINTAINING RECORDS WHERE THE QUANTITY OF WASTE HAS NOT BEEN WEIGHED › Section 858.310 - Measurement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Although solid
				waste is sometimes measured in other units, the site operator is responsible
				for accurately measuring any load of waste in cubic yards.
b) For motor vehicles with a gross vehicle
				weight in excess of 8,000 pounds, except passenger cars, the measurement in
				cubic yards for any load of waste shall be either the rated volumetric capacity
				of the vehicle delivering the load or, where charges for receiving solid waste
				at a landfill are based upon the actual volume received, the actual volume
				received.
c) For passenger cars,
				regardless of weight, and other motor vehicles with a gross vehicle weight of
				8,000 pounds or less, the measurement in cubic yards for any load of waste
				shall be based on visual observation of the volume delivered.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 858 - PROCEDURES FOR OPERATION OF THE NON-HAZARDOUS SOLID WASTE FEE SYSTEM › Subpart D - PROCEDURES FOR PAYMENT OF FEES › Section 858.401 - Quarterly Submission of Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a) Payment of the fee due under Section 22.15
				and Section 22.44 of the Act shall be made on a quarterly basis with the
				submission of the Quarterly Solid Waste Summary. Such payment shall be received
				by the Agency on or before April 15, July 15, October 15 and January 15 of each
				year and shall cover the three calendar months preceding the receipt
				date.
b) For sanitary landfills
				subject to Subpart B, the fee payment due shall be calculated by multiplying
				the quantity of solid waste received in tons weighed that are subject to the
				fee payment provisions as reported on the Quarterly Solid Waste Summary times
				the applicable rate in Section 22.15 and Section 22.44 of the Act.
c) For sanitary landfills subject to Subpart
				C, the fee payment due shall be calculated as follows, unless otherwise
				calculated pursuant to subsection (g):
1) For
				payments due on April 15, July 15 and October 15:
A) Since the fee schedule is based on amount
				of cubic yards, if both tons and cubic yards are reported, the quantity of
				solid waste permanently disposed of in tons weighed shall be converted to cubic
				yards. Use the total cubic yards amount (the cubic yard quantity received plus
				the corrected tons) to determine the applicable fee. The solid waste measured
				in tons subject to Subpart B should be converted to cubic yards using either an
				Agency standard rate of 3.3 cubic yards-to-ton conversion ratio or the site's
				actual rate that best reflects the site's conversion ratio. After determining
				the cubic yard quantity of waste subject-to-fee, multiply the quantity of solid
				waste subject to the fee payment provisions as reported on the Quarterly Solid
				Waste Summary for the preceding three calendar months by 4.
B) Based on subsection (c)(1)(A), determine
				the applicable category under Section 22.15 and Section 22.44 of the
				Act.
C) Based on subsection
				(c)(1)(B), divide the annual fee by 4.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 858 - PROCEDURES FOR OPERATION OF THE NON-HAZARDOUS SOLID WASTE FEE SYSTEM › Subpart D - PROCEDURES FOR PAYMENT OF FEES › Section 858.402 - Manner of Payment

Current through Register Vol. 48, No. 28, July 12, 2024
Payment shall be made by check or money order payable to
				  Illinois Environmental Protection Agency. Payment shall be mailed to the Agency
				  at the following address:
Illinois Environmental Protection Agency
Division of Administration, Fiscal Services
1021 North Grand Avenue East
P. O. Box 19276
Springfield, Illinois 62794-9276
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 861 - USED AND WASTE TIRES REMOVAL PRIORITY LIST › Subpart A - GENERAL › Section 861.100 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of the Used and Waste Tire Removal Priority List
				  (TPL) is to identify factors for establishing the priority of sites for
				  Consensual Removal Actions under Section 55.3(c) of the Illinois Environmental
				  Protection Act ("Act") (Ill. Rev. Stat. 1989, ch. 111 1/2, par. 1055.3(c)
				  ).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 861 - USED AND WASTE TIRES REMOVAL PRIORITY LIST › Subpart A - GENERAL › Section 861.110 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
The TPL applies to the removal of used and waste tires under
				  the Consensual Removal Action provisions of Section 55.3(c) of the
				  Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 861 - USED AND WASTE TIRES REMOVAL PRIORITY LIST › Subpart A - GENERAL › Section 861.120 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Unless the context otherwise clearly requires, words and
				  terms used herein shall have the meanings set forth in Sections 54.01 through
				  Section 54.16 of the Act. Words and terms not defined in those sections shall
				  have the meanings otherwise set forth in Title I of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 861 - USED AND WASTE TIRES REMOVAL PRIORITY LIST › Subpart B - PRIORITY FACTORS › Section 861.200 - Sites Eligible for Consensual Removal Action

Current through Register Vol. 48, No. 28, July 12, 2024
a) A site shall be eligible for a Consensual
				Removal Action to be performed by the State to remove used or waste tires from
				the site at no cost to the owner only if all the following requirements are
				met:
1) No more than 500 used or waste tires
				are accumulated at the site;
2) The
				owner of the tire accumulation pile is willing to voluntarily enter a written
				agreement with the Agency on Form Number IL 532 1914, and
3) The owner of the site authorized and
				consents to entry upon the property by the Agency or authorized representatives
				or contractors to remove used or waste tires.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 861 - USED AND WASTE TIRES REMOVAL PRIORITY LIST › Subpart B - PRIORITY FACTORS › Section 861.210 - Determining Priority for Removal of Used and Waste Tires

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency shall identify, from the
				categories provided in this Section, the priority classification of sites at
				which the Agency intends to perform a Consensual Removal Action. The Agency
				shall include a site within a category only if the site is eligible for
				Consensual Removal Action under Section
				861.200.
1) "Environmental/Health Hazard Sites." A
				site shall be included within this category if the accumulation of used and
				waste tires at the site poses a threat to human health or the environment or a
				significant and immediate risk of creating such a hazard. Sites in this
				category shall have the highest priority for Agency action.
2) "Non-Commercial Sites." A site shall be
				included within this category if the site is not an Environmental/Health Hazard
				Site under subsection (a)(1) and the site is not a Commercial Site under
				subsection (a)(3). Sites in this category shall have the second highest
				priority for Agency action after Environmental/Health Hazard Sites; except
				that, it shall not be necessary for the Agency to take Consensual Removal
				Actions at all Environmental/Health Hazard Sites before taking Consensual
				Removal Action at the sites in this category.
3) "Commercial Sites." A site shall be
				included within this category if the used or waste tires were accumulated as a
				normal course of business. Such sites shall include, but are not limited to the
				following:
A) Commercial tire retail
				facilities;
B) Salvage and scrap
				yards;
C) Trucking terminals;
				and
D) Fleet vehicle repair and
				service facilities.
The Agency shall use State funds to perform Consunsual
				  Removal Actions at sites in this category only if State funds are sufficient to
				  perform Consensual Removal Actions at those sites designated for action in the
				  Environmental/Health Hazard Site and Non-Commercial Site categories.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 885.100 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to provide municipalities in
				  Illinois with financial assistance in the form of grants to be used for
				  coordination of activities related to brownfields
				  redevelopment.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 885.105 - 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. Additionally, for
				  purposes of this Part, the following definitions apply:
"Act" means the Illinois Environmental Protection Act [415
				  ILCS 5 ].
"Agency" means the Illinois Environmental Protection
				  Agency.
"Applicant" means a municipality that applies for a municipal
				  brownfields redevelopment grant.
"Municipal brownfields redevelopment grant" means a grant
				  issued pursuant to Section 58.13 of the Act and Subpart B of this Part.
"Brownfields site" or "brownfields" means a parcel of real
				  property, or a portion of the parcel, that has actual or perceived
				  contamination and an active potential for redevelopment. (Section 58.2 of the
				  Act)
"Grant agreement" means the written grant agreement documents
				  and amendments thereto 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 municipality that has been awarded a grant
				  for brownfields redevelopment under Section 58.13 of the Act.
"Municipality" means an incorporated city, village, or town
				  in this State. Municipality does not mean a township, town when that term is
				  used as the equivalent of a township, incorporated town that has superseded a
				  civil township, county, or school district, park district, sanitary district,
				  or similar governmental district. (Section 58.2 of the Act)
"River Edge Redevelopment Zone" means an area of the State
				  created by the Department of Commerce and Economic Opportunity as a River Edge
				  Redevelopment Zone pursuant to the River Edge Redevelopment Zone Act [65 ILCS
				  115 ].
"State" means the State of Illinois.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 885.110 - 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 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM › Subpart B - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANTS › Section 885.200 - Scope and Availability of Grants

Current through Register Vol. 48, No. 28, July 12, 2024
a) Subject to the availability of funding and
				the limitations and requirements set forth in this Part, grant assistance is
				available to municipalities for coordination of activities related to
				brownfields redevelopment, including identification of brownfields sites, site
				investigation and determination of remediation objectives and related plans and
				reports, and development of remedial action plans, and implementation of
				remedial action plans and remedial action completion reports. (Section
				58.13(a)(1) of the Act) The plans and reports shall be developed in accordance
				with Title XVII of the Act.
b)
				Grants shall be awarded on a competitive basis subject to availability of
				funding. (Section 58.13(a)(2) of the Act)
c) Grant amounts shall not exceed 70% of the
				eligible project amount, with the remainder to be provided by the municipality
				as local matching funds. (Section 58.13(a)(5) of the Act)
d) A municipality, if determined to be in
				noncompliance, pursuant to Section
				885.300,
				with any requirement of this Part for a previously-awarded grant, is not
				eligible to receive an additional grant until compliance is achieved.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM › Subpart B - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANTS › Section 885.201 - Limitations on Grant Amounts

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except for grants to municipalities with designated River Edge Redevelopment
				Zones, grants shall be limited to a maximum of $240,000 and no municipality
				shall receive more than this amount under this Part (Section 58.13(a)(4) of the
				Act). The following applies to municipalities other than municipalities with
				designated River Edge Redevelopment Zones:
1)
				Except as provided in subsection (a)(2) of this Section, the total amount of
				grant funds awarded to a municipality under this Part shall not exceed
				$120,000.
2) A grantee may request
				grant funds in excess of the limit set forth in subsection (a)(1) of this
				Section only after demonstrating the following:
A) The grantee is current on all reporting
				requirements set forth in Section
				885.245
				of this Part;
B) The grantee is
				current with the grant project work plan schedule; and
C) The Agency has approved payment of at
				least $96,000 in grant funds for grant-eligible work, or the grantee has
				received Agency approval of a remedial action plan under 35 Ill. Adm. Code
				740.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM › Subpart B - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANTS › Section 885.205 - Grant Assistance Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Criteria for awarding grants shall include, but shall not be limited to, the
				following:
1) Problem statement and needs
				assessment;
2) Community-based
				planning and involvement;
3)
				Implementation planning;
4)
				Long-term benefits and sustainability (Section 58.13(a)(2) of the Act);
				and
5) Whether the applicant has
				previously received a grant under this Program.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM › Subpart B - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANTS › Section 885.210 - Applications for Municipal Brownfields Redevelopment Grants

Current through Register Vol. 48, No. 28, July 12, 2024
a) A municipality may apply for grant funds
				only if the following conditions are met:
1)
				The municipality commits in writing to enroll, or has enrolled, the brownfields
				site in the Site Remediation Program;
2) A Phase I or II environmental audit has
				been or will be completed for the brownfields site and has been or will be
				submitted to the Site Remediation Program for review and approval;
3) The municipality provides a cost estimate
				for the cleanup, prepared by a professional engineer, for the brownfields site
				for which grant funds are to be expended and commits to work toward acquiring a
				No Further Remediation letter; and
4) If the costs to complete corrective action
				and to acquire a No Further Remediation letter exceed the maximum amount
				available to the municipality under this grant program, the municipality has
				reasonably demonstrated that there is sufficient capital available to cover
				such costs.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM › Subpart B - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANTS › Section 885.215 - Agency Action on Application

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Issuance of municipal brownfields redevelopment grants is subject to
				availability of funding.
b) The
				Agency shall take action on all pending complete municipal brownfields
				redevelopment grant applications at the close of each of two grant 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 grant
				prior to the end of a grant application period provided that the grant
				applicant demonstrates that:
1) The
				brownfields redevelopment project for which the grant is sought is specific to
				one or more sites;
2) Remediation
				of the project site or sites is necessary to assure protection of human health
				and the environment; and
3) Failure
				to fund the grant prior to the end of the grant application period would
				substantially impair implementation of the project.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM › Subpart B - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANTS › Section 885.220 - Grant Award Acceptance

Current through Register Vol. 48, No. 28, July 12, 2024
No more than 30 days after receipt of grant award selection
				  notification, the grantee shall notify the Agency in writing of its acceptance.
				  If the grantee fails to so notify the Agency, the grant award shall be null and
				  void.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM › Subpart B - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANTS › Section 885.225 - Grant Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency shall send to the grantee, at the time the Agency notifies each
				applicant of the applicant's selection, formal grant agreement documents,
				including a grant agreement to be signed by the Agency and the
				grantee.
b) The Agency shall not
				sign a grant agreement until the grantee has corrected any errors identified by
				the Agency in the grant application.
c) The grant takes effect on the date that
				the Agency receives the signed grant agreement from the applicant.
d) Once signed by both the Agency and the
				grantee, the grant agreement, comprisingthe written grant agreement documents
				and any amendments thereto, shall govern the grant.
e) The Agency shall keep the original grant
				agreement documents and provide a copy to the grantee.
f) The grant agreement may be amended in
				accordance with Section
				885.230
				of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM › Subpart B - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANTS › Section 885.230 - Amendments to Grant Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				grantee must obtain an amendment to the grant agreement for the following
				project changes:
1) An increase in the total
				amount of grant funds awarded under this Part;
2) The addition or deletion of one or more
				project sites; or
3) The extension
				of any contractual or grant completion date for the project.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM › Subpart B - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANTS › Section 885.232 - Project Change Approvals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Project
				changes other than those identified in Section
				885.230(a)
				of this Part must be approved by the Agency in writing (e.g., personnel
				changes, reallocation of budgeted amounts). The grantee may request approval of
				a project change at any point during the grant term. Requests for project
				change approvals must be submitted on forms prescribed by the Agency and must
				include all reports due under Section
				885.245(a)
				of this Part that have not been submitted. Requests will be considered by the
				Agency only if the grantee is current on all reporting requirements set forth
				in Section
				885.245(a)
				of this Part. This Section cannot be used to approve project changes identified
				in Section
				885.230(a)
				of this Part.
b) No more than 90
				days after receiving a request for approval of a project change, the Agency
				shall notify the grantee in writing of its approval or rejection of the
				request.
c) The Agency shall not
				approve a project change in violation of the limitations on grants set forth in
				Sections
				885.200
				and
				885.201
				of this Part.
d) The Agency shall
				approve a project change, to the extent that the Agency may approve the project
				change consistent with Sections
				885.200
				and
				885.201
				of this Part, if the grantee makes a showing that:
1) The original project cost approval was
				based on estimated costs or contractor bids, where the actual costs or
				contractor bids are over or under the estimated costs;
2) Amendments to State statutes have affected
				or will affect the project costs;
3) A project element was inadvertently
				omitted;
4) An approved project
				element has been found unnecessary; or
5) A project element was added pursuant to
				requirements of the Site Remediation Program.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM › Subpart B - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANTS › Section 885.235 - Cost Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency shall approve for reimbursement to the grantee, under the terms set
				forth in Section
				885.240
				of this Part, only costs contained in the quarterly reports and meeting the
				following criteria:
1) Costs within the scope
				of the redevelopment project for which the grant was awarded;
2) Costs that are reasonable and necessary,
				including, but not limited to:
A) Site
				Remediation Program enrollment costs and Agency oversight costs of
				participating in the Site Remediation Program of Title XVII of the Act and No
				Further Remediation letter assessment fees;
B) Environmental consultant oversight
				services;
C) Remedial investigation
				and design;
D) Development and
				implementation of activities necessary to establish remediation
				objectives;
E) Laboratory services
				necessary to determine site characterization and to establish cleanup
				objectives;
F) Installation and
				operation of groundwater investigation and groundwater monitoring
				wells;
G) Development and
				implementation of a soil sampling plan;
H) Development of a groundwater corrective
				action system;
I) Development of a
				soil corrective action plan;
J)
				Costs associated with seeking reimbursement from the municipal brownfields
				redevelopment grant program, including, but not limited to, completion of
				documentation for partial or final payment;
K) Purchase costs for non-expendable
				materials, supplies, equipment or tools purchased and used for the brownfields
				project;
L) Development and
				implementation of corrective action plans;
M) If asbestos that poses a threat to human
				health or the environment is detected outside a structure, costs associated
				with identifying the source of the asbestos and remediating the asbestos until
				it no longer poses a threat to human health or the environment;
N) For grants to municipalities with a
				designated River Edge Redevelopment Zone, costs associated with demolition
				within the River Edge Redevelopment Zone; and
O) For grants to municipalities with a
				designated River Edge Redevelopment Zone, costs associated with an asbestos
				study, survey, or abatement conducted within or associated with a structure or
				dwelling located within the River Edge Redevelopment Zone, including sample
				collection and analysis;
3) Costs in amounts up to, but not exceeding,
				the total amount of the grant award;
4) Costs incurred on or after the date the
				grant agreement is executed;
5)
				Costs incurred without knowing violation of any State or federal law or
				regulation; and
6) Costs incurred
				under a contract or subcontract in conformance with Section
				885.255
				of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM › Subpart B - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANTS › Section 885.240 - Grant Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency
				shall use reimbursements to the grantee as the method of payment of grant
				funds.
b) To obtain reimbursement
				from the municipal brownfields redevelopment grant program, the grantee shall
				submit a request for reimbursement in writing to the Agency on forms provided
				by the Agency with documentation, including the activities performed, the
				timeframe in which the activities were performed and a breakdown of the costs
				incurred, to demonstrate that the grantee has incurred the costs for which
				reimbursement is sought.
c) Grant
				funds must be expended no more than three years after the effective date of the
				grant award, except:
1) For grantees who were
				issued a grant on or before January 1, 2002, in which case grant funds in
				excess of $120,000 must be expended no more than three years after the
				effective date of the grant amendment; and
2) For grantees whom the Agency determines
				would thereby be prohibited from successfully accomplishing the project goals
				set forth in the Agency- approved grant agreement, in which case grant funds
				must be expended by a date set by the Agency. The Agency determination must be
				based on the following written documentation from the grantee:
A) An explanation as to why the
				grant-approved activities cannot be completed within the authorized
				timeframe;
B) A statement as to the
				steps taken to correct any problems or deficiencies contributing to the
				inability to complete the project within the grant agreement
				timeframe;
C) An estimate of the
				additional time necessary to complete the project; and
D) A description of the impact on the
				community if the grant timeframe is not extended.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM › Subpart B - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANTS › Section 885.245 - Grantee Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				grantee must submit quarterly progress reports to the Agency, using forms
				provided by the Agency, during the term of the grant. Each progress report
				should be a short narrative of the activities performed and the dates they were
				performed during that quarter. The quarterly progress report must also include,
				but not be limited to, the following:
1) Date
				the site was enrolled in the Site Remediation Program and a copy of the
				enrollment application;
2) Any
				change in ownership or intended use of the Brownfields site;
3) Any land use changes within the quarter;
				and
4) Any deviations from the
				grant application work plan schedule.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM › Subpart B - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANTS › Section 885.250 - Evaluation of Performance

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall oversee each grantee's performance under the
				  municipal brownfields redevelopment grant program in the following
				  manner:
a) The Agency shall evaluate
				grantee performance and progress toward completing the approved project
				plan.
b) If the Agency's evaluation
				reveals that the grantee is not in compliance with one or more of the terms,
				conditions or limitations of the grant agreement, the Agency shall attempt to
				resolve the situation through negotiation. The Agency and the grantee shall put
				any settlement reached in writing as a formal amendment to the grant agreement
				in accordance with Section
				885.230
				of this Part.
c) If 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 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM › Subpart B - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANTS › Section 885.255 - 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 grantee:
1) The grantee 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 grants. 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 grantee,
				rather than the Agency, is responsible for the administration and successful
				accomplishment of the project for which the Agency grant is awarded. The
				grantee, 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 grant. 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 award,
				claims, disputes and other procurement matters;
4) Any contract or subcontract must include a
				provision allowing project-related access, in accordance with Section
				885.400 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; and
6) Neither the Agency nor the State shall be
				a party to any contract or subcontract, solicitation, or request for
				proposals.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM › Subpart B - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANTS › Section 885.260 - 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 grantee as an owner or operator if the grantee's status as an
				owner or operator is based solely on the grantee's:
1) Execution of a grant agreement;
				or
2) Implementation of an approved
				project.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM › Subpart C - NONCOMPLIANCE WITH GRANT CONDITIONS › Section 885.300 - 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 municipal brownfields redevelopment grant or other violation of
				this Part, the Agency may:
1) Revoke the
				grant and recover all grant funds disbursed;
2) Take no action on reimbursement
				requests;
3) Terminate the
				grant;
4) Suspend all project work;
				or
5) Take such other action as the
				Agency is authorized to take.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 885 - MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM › Subpart C - NONCOMPLIANCE WITH GRANT CONDITIONS › Section 885.305 - Project Termination by Grantee

Current through Register Vol. 48, No. 28, July 12, 2024
a) The grantee may request the termination of
				an incomplete project for which a grant has been awarded only for good
				cause.
b) The Agency shall review
				the grantee's request to terminate a project and make a finding, no more than
				90 days after the date of receipt of the request to terminate, as to good
				cause. Good cause shall include, but not be limited to:
1) A change in grant program requirements or
				priorities;
2) Lack of adequate
				public or private funding for the completion of the project; or
3) Advancements in technology.