reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 355 - DETERMINATION OF AMMONIA NITROGEN WATER QUALITY BASED EFFLUENT LIMITS FOR DISCHARGES TO GENERAL USE WATERS › Subpart C - EFFLUENT MODIFIED WATERS › Section 355.313 - Restrictions Applicable to Discharges with EMWs (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 355 - DETERMINATION OF AMMONIA NITROGEN WATER QUALITY BASED EFFLUENT LIMITS FOR DISCHARGES TO GENERAL USE WATERS › Subpart C - EFFLUENT MODIFIED WATERS › Section 355.315 - Publication of EMWs (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart A - LIABILITIES AND REMEDIES FOR FAILURE TO COMPLY WITH GRANT CONDITIONS › Section 360.101 - 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 this grant, the grant may be annulled and all grant funds
				recovered, or
1) The grant may be terminated
				pursuant to General Condition Section
				360.103,
				(Termination) hereof; or
2) The
				project work may be suspended pursuant to General Condition, Section
				360.102,
				(Stop-Work Order) hereof;
3) An
				injunction may be entered by an appropriate court; or
4) Such other action may be taken by the
				Agency as the Director shall determine.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart A - LIABILITIES AND REMEDIES FOR FAILURE TO COMPLY WITH GRANT CONDITIONS › Section 360.102 - Stop-Work Order

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency may, at any time, by written order to the grantee, require the grantee
				to stop all or any part of the project work for a period of not more than 30
				days after the date of the order, and for any further period to which the
				parties may agree. Any such order shall be specifically identified as a
				stop-work order issued pursuant to this clause. Upon receipt of such an order,
				the grantee shall forthwith comply with its terms and take all reasonable steps
				to minimize the incurrence of costs allocable to the work covered by the order
				during the period of work stoppage. Within a period of not more than 30 days of
				the date of the stop-work order, or within any extension of that period to
				which the parties shall have agreed, the Agency shall either -
1) Cancel the stop-work order; or
2) Terminate the work covered by such an
				order as provided in General Condition Section
				360.103,
				(Termination) hereof.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart A - LIABILITIES AND REMEDIES FOR FAILURE TO COMPLY WITH GRANT CONDITIONS › Section 360.103 - Termination

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grant
				Termination by Agency
The Agency, by written notice and after consultation with the
				  grantee, may terminate the grant, in whole or in part. Cause for termination
				  shall include, but not be limited to: default by the grantee, failure by the
				  grantee to comply with the terms and conditions of the grant, realignment of
				  programs, change in program requirements or priorities, lack of adequate
				  funding, or advancements in the state of the art. Upon termination, the grantee
				  shall refund to the State of Illinois Anti-Pollution Fund any unexpended grant
				  funds, except that portion of those funds as may be required by the grantee to
				  make payment for materials and equipment furnished or services rendered under
				  an enforceable contract prior to the effective date of the termination and
				  further provided that those costs are otherwise allowable under the conditions
				  of the grant.
b) Project
				Termination by Grantee
The grantee may not terminate a project for which the grant
				  has been awarded, except for good cause. If the Agency finds that there is good
				  cause for the termination of all or any portion of a project for which the
				  grant has been awarded, it shall enter into a termination agreement or
				  unilaterally terminate the grant, effective with the date of termination of the
				  project by the grantee. If the Agency finds that the grantee has terminated the
				  project without good cause, then the grant shall be annulled and all grant
				  funds previously paid or owing to the grantee shall be returned to the State of
				  Illinois Anti-Pollution Fund.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart A - LIABILITIES AND REMEDIES FOR FAILURE TO COMPLY WITH GRANT CONDITIONS › Section 360.104 - Waiver of Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as stated in paragraph (b) below, the Director of the Agency may waive
				any of these General Conditions, either in whole or in part, with respect to
				any grant offer, by a statement made in writing to the grantee, either as a
				special condition of the grant offer or otherwise (and the waiver made subject
				to such additional conditions as the Director may deem necessary), if the
				purpose of the requirement has been accomplished or if the requirement waived
				is not considered by the Director to be necessary to insure the integrity of
				the project.
b) The following
				conditions will not be waived:
1) General
				Condition Section
				360.401,
				(Project Initiation).
2) General
				Condition Section
				360.601,
				(Sewer Use Ordinances).
3) General
				Condition Section
				360.602,
				(User Charges)
4) General Condition
				Section
				360.203,
				(Facilities Planning).
5) General
				Condition Section
				360.202,
				(Sewer System Evaluation and Rehabilitation).
6) General Condition Section
				360.205,
				(Areawide Waste Treatment Management Planning).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart B - REQUIREMENTS APPLICABLE TO APPLICATIONS FOR GRANTS › Section 360.201 - Contents of Grant Applications

Current through Register Vol. 48, No. 28, July 12, 2024
a) The grantee shall furnish the following
				documents, plans, contracts, subcontracts, agreements, subagreements,
				approvals, assurances and evidences in form satisfactory to the Agency and no
				grant offer or grant amendment shall be made until such documentation has been
				submitted to and approved by the Agency. However, in the case of grants in
				which one or more steps are combined under one grant offer, pursuant to
				Condition Section
				360.104,
				(Waiver of Conditions) hereof, the submission of such documents may be
				deferred, in accordance with an agreed-upon schedule, until required for the
				appropriate step.
b) Step 1 project
Application for a Step 1 (facilities planning) grant shall
				  include:
1) A plan of study
				presenting:
A) The proposed planning
				area;
B) An identification of the
				entity or entities that will be conducting the planning;
C) The nature and scope of the proposed Step
				1 project, including a schedule for the completion of specific tasks;
				and
D) An itemized description of
				the estimated costs for the project;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart B - REQUIREMENTS APPLICABLE TO APPLICATIONS FOR GRANTS › Section 360.202 - Sewer System Evaluation and Rehabilitation

Current through Register Vol. 48, No. 28, July 12, 2024
a)
1) All
				grantees whose grant assistance is awarded after July 1, 1973 must demonstrate
				to the satisfaction of the Agency that each sewer system discharging into the
				treatment works project for which the grant offer is made is not or will not be
				subject to excessive infiltration/inflow. The determination whether excessive
				infiltration/inflow exists may take into account, in addition to flow and
				related data, other significant factors such as cost-effectiveness (including
				the cost of substantial treatment works construction delay), public health
				emergencies, the effects of plant bypassing or overloading, or relevant
				economic or environmental factors.
2) The determination whether or not excessive
				infiltration/inflow exists will generally be accomplished through a sewer
				system evaluation consisting of:
A) An
				infiltration/inflow analysis; and, if appropriate,
B) A sewer system evaluation survey followed
				by rehabilitation of the sewer system to eliminate any excessive
				infiltration/inflow defined in the sewer system evaluation.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart B - REQUIREMENTS APPLICABLE TO APPLICATIONS FOR GRANTS › Section 360.204 - Covenant Against Contingent Fees

Current through Register Vol. 48, No. 28, July 12, 2024
The grantee warrants that no person or agency has been
				  employed or retained to solicit or secure this grant upon an agreement or
				  understanding for a commission, percentage, brokerage, or contingent fee. For
				  breach or violation of this warranty, the Agency shall have the right to annul
				  this grant award, or otherwise recover, the full amount of such commission,
				  percentage, brokerage or contingent fee.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart B - REQUIREMENTS APPLICABLE TO APPLICATIONS FOR GRANTS › Section 360.205 - Areawide Waste Treatment Management Planning

Current through Register Vol. 48, No. 28, July 12, 2024
The grantee shall provide such assurances as the Agency may
				  require that the project is fully consistent with the requirements of the
				  applicable areawide waste treatment management plan effective pursuant to the
				  provisions of Section 208 of the Federal Water Pollution Control Act Amendments
				  of 1972 (
				  33 U.S.C.
				  1288 )
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart C - REQUIREMENTS APPLICABLE TO APPLICATIONS FOR GRANTS › Section 360.301 - General Conditions for all Subagreements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
1) The
				following conditions shall apply to all subagreements entered into between the
				grantee and any other party and any tier of agreement thereunder for the
				furnishing of services, supplies, or equipment necessary to complete the
				project for which the grant is awarded, including contracts and subcontracts
				for personal and professional services, and for construction and purchase
				orders.
2) Definitions
A) "Grant agreement"
The written agreement and amendments thereto between the
				  Agency and a grantee (applicant) in which the terms and conditions governing
				  the grant are stated and agreed to by both parties.
B) "Subagreement"
A written agreement between the grantee and another party and
				  any tier of agreement thereunder for the furnishing of services, supplies, or
				  equipment necessary to complete the project for which a grant was awarded,
				  including contracts for personal and professional services and purchase
				  orders.
C) "Contractor"
The person to whom a subagreement is awarded.
D) "Grantee"
The unit of local government which has been awarded a grant
				  for planning or construction of a treatment works under the Anti-Pollution Bond
				  Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart C - REQUIREMENTS APPLICABLE TO APPLICATIONS FOR GRANTS › Section 360.306 - Disputes

Current through Register Vol. 48, No. 28, July 12, 2024
a) Only the
				grantee, for its own name and benefit, may appeal to the Agency under this
				Section with respect to the grantee's subagreements under the grant. Neither a
				contractor nor a subcontractor of a grantee may prosecute an appeal under the
				disputes provision of a grant in its own name or interest.
b) Any dispute arising under the grant that
				is not disposed of by agreement shall be decided by the Director or the
				Director's duly authorized representative, who shall reduce the decision to
				writing and mail or otherwise furnish a copy to the applicant. The decision of
				the Director shall be final and conclusive.
c) This Section does not preclude
				consideration of questions of law in connection with decisions provided for in
				subsection (b).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart C - REQUIREMENTS APPLICABLE TO APPLICATIONS FOR GRANTS › Section 360.307 - Indemnity

Current through Register Vol. 48, No. 28, July 12, 2024
The grantee 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, arising out of, or occurring in connection
				  with the execution of any work, contract or subcontract arising out of this
				  grant, and the grantee shall indemnify, save harmless and defend the State of
				  Illinois and the Agency from all claims for any such loss, damage, injury or
				  death whether caused by the negligence of the State of Illinois, the Agency,
				  their agents or employees or otherwise consistent with the provisions of Ill.
				  Rev. Stat. 1973, Ch. 29, par. 61. The grantee shall require that any and all
				  contractors or subcontractors engaged by the grantee shall agree in writing
				  that they shall look solely to the grantee for performance of such contract or
				  satisfaction of any and all claims arising thereunder.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart D - REQUIREMENTS APPLICABLE TO INITIATION, AMENDMENT, COMPLETION AND OPERATION OF PROJECT › Section 360.401 - Project Initiation

Current through Register Vol. 48, No. 28, July 12, 2024
Any obligation of the State of Illinois and the Agency to
				  make any payment of grant funds shall terminate absolutely unless the project
				  is initiated no later than one calendar year from the date of acceptance by the
				  grantee of the project grant offer or as otherwise provided by a special
				  condition of this grant. For Step 1 and 2 grants, a project shall be deemed to
				  have been initiated on the execution of an agreement or contract for any
				  element of project work; or, if an agreement or contract covering an element of
				  the work has previously been entered into, a notice to proceed with the work
				  has been issued. A project shall be deemed to have been initiated on the
				  issuance of a notice to proceed under a construction contract for any segment
				  of Step 3 project work, or if notice to proceed is not required, execution of
				  the construction contract.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart D - REQUIREMENTS APPLICABLE TO INITIATION, AMENDMENT, COMPLETION AND OPERATION OF PROJECT › Section 360.402 - Project Changes

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Prior approval by the Agency is required for project changes which may:
1) Increase the amount of State funds needed
				to complete the project, except that no change will be approved which either
				exceeds the grant offered or which exceeds the limitation provided for
				approvable contingencies;
2)
				Substantially alter the design or scope of the project;
3) Alter the type of treatment to be
				provided;
4) Extend any
				contractural completion date for the project; or
5) Substantially alter the location, size,
				capacity or quality of any major item of equipment.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart D - REQUIREMENTS APPLICABLE TO INITIATION, AMENDMENT, COMPLETION AND OPERATION OF PROJECT › Section 360.403 - Supervision

Current through Register Vol. 48, No. 28, July 12, 2024
The grantee will provide and maintain competent and adequate
				  engineering supervision and inspection of the project to ensure that the
				  construction conforms with the approved plans and specifications for any
				  project involving construction (Step 3).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart D - REQUIREMENTS APPLICABLE TO INITIATION, AMENDMENT, COMPLETION AND OPERATION OF PROJECT › Section 360.404 - Project Sign

Current through Register Vol. 48, No. 28, July 12, 2024
The grantee shall erect and display at the project site a
				  sign acknowledging the source of funds for the project. The sign, in form and
				  style to be furnished by the Agency, shall be erected at the start of
				  construction at a location appropriate for public viewing and shall be
				  maintained until the project is completed.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart D - REQUIREMENTS APPLICABLE TO INITIATION, AMENDMENT, COMPLETION AND OPERATION OF PROJECT › Section 360.405 - Final Inspection

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				grantee must notify the Agency of the completion of Step 3 project
				construction. The Agency shall cause final inspection to be made within 60 days
				of the receipt of the notice provided that the grantee has fully complied with
				the following general conditions hereof;
General Condition Section
				  360.402 (Project
				  changes)
General Condition Section
				  360.406
				  (Operation & maintenance)
General Condition Section
				  360.601
				  (Sewer use ordinance)
General Condition Section
				  360.602
				  (User charges).
b) In the
				event that compliance with these general conditions is not achieved until after
				completion of construction, final inspection will be made within 60 days after
				the final act of compliance. Upon completion of the final inspection and upon
				determination by the Agency that the treatment works have been satisfactorily
				constructed in accordance with the provisions of General Condition Section
				360.804,
				(Grant Payment Schedule) hereof.
c)
				In the event that the grantee has not fully complied with the above listed
				general conditions within 6 months after completion of construction, or such
				extension of time beyond 6 months as the Director may agree to in writing, this
				grant agreement shall be terminated pursuant to General Condition Section
				360.103,
				(Termination) hereof, and all funds paid out under this grant agreement shall
				be refunded to the State Anti-Pollution Bond Fund.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart D - REQUIREMENTS APPLICABLE TO INITIATION, AMENDMENT, COMPLETION AND OPERATION OF PROJECT › Section 360.406 - Operation and Maintenance

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				grantee must make adequate provisions satisfactory to the Agency for assuring
				economic, effective, and efficient operation and maintenance of its sewage
				treatment works in accordance with a plan of operation approved by the
				Agency.
b) As a minimum, such plan
				shall:
1) Be developed and submitted to the
				Agency for approval in accordance with a schedule developed as a special
				condition of the grant; and
2)
				Include provision for:
A) An operation and
				maintenance manual for each facility;
B) An emergency operating and response
				program;
C) Properly trained
				management, operation, and maintenance personnel;
D) Adequate budget for operation and
				maintenance, and for replacement of all equipment with an expected life of less
				than 30 years;
E) Operational
				reports; and
F) Provisions for
				laboratory testing adequate to determine influent and effluent characteristics
				and removal efficiencies.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart E - REQUIREMENTS APPLICABLE TO ACCESS, AUDITING, AND RECORDS › Section 360.501 - Access

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency and
				any persons designated by the Agency shall at all reasonable times have access
				to the premises where any portion of the project for which the grant was
				awarded is being performed. Subsequent to cessation of grant support Agency
				personnel or any authorized representative shall at all reasonable times have
				access to the project records (as defined in General Condition Section
				360.502, (Audit
				and Records) hereof) and to the project site, to the full extent of the
				grantee's right to access.
b) Any
				contract entered into by the grantee for Step 1, Step 2 or Step 3 work, and any
				subagreement thereunder, shall provide the representatives of the Agency will
				have access to the work whenever it is in preparation or progress that the
				contractor or subcontractor will provide proper facilities for such access and
				inspection. Such contract or subagreement must also provide that the Agency or
				any authorized representative shall have access to any books, documents,
				papers, and records of the contractor or subcontractor which are pertinent to
				the project for the purpose of making audit, examination, excerpts, and
				transcriptions thereof.
c) Any
				failure by the grantee or any contractor or subcontractor of the grantee to
				provide access, as provided herein, after 10 days' written notice from the
				Agency, shall be cause for termination of the grant pursuant to Condition
				Section
				360.103,
				(Termination) hereof, and refund to the State of Illinois Anti-Pollution Fund
				of any unexpended grant funds in the hands of the grantee, and in addition
				thereto, refund of any grant funds previously expended by the grantee,
				contractor, or subcontractor found in noncompliance with this Condition Section
				360.501
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart E - REQUIREMENTS APPLICABLE TO ACCESS, AUDITING, AND RECORDS › Section 360.502 - 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 and accounting procedures and practices that conform to
				generally accepted accounting principles as promulgated by the American
				Institute of Certified Public Accountants and to the 13 basic principles set
				forth by the National Committee on Governmental Accounting, to properly account
				for:
1) The receipt and disposition by the
				grantee of all assistance received for the project, including both State
				assistance and any matching share or cost sharing; and
2) The costs charged to the project,
				including all direct and indirect costs of whatever nature incurred for the
				performance of the project for which the grant has been awarded. The foregoing
				constitute "records" for the purposes of this condition.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart E - REQUIREMENTS APPLICABLE TO ACCESS, AUDITING, AND RECORDS › Section 360.503 - Reports

Current through Register Vol. 48, No. 28, July 12, 2024
The grantee shall prepare and file with the Agency an
				  acceptable final report and such progress, financial and other reports relating
				  to the conduct and results of the approved project as the Agency may require.
				  Such reports shall be submitted at such times and in such form and style as may
				  be directed by the Agency. Failure to timely submit reports required by this
				  grant offer may result in:
a)
				Withholding of grant funds;
b)
				Suspension of the grant pursuant to Condition Section
				360.102,
				(Stop-Work Order) hereof;
c)
				Termination of the grant pursuant to Condition Section
				360.103,
				(Termination) hereof; or
d) Such
				other action as the Agency may be authorized to take.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart F - REQUIREMENTS FOR SEWER USE ORDINANCE, USER CHARGES AND FLOOD PLAIN INSURANCE › Section 360.601 - Sewer Use Ordinance

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				grantee must obtain the approval of the Agency of its sewer use ordinance prior
				to the issuance of the Step 3 grant. The grantee shall demonstrate to the
				satisfaction of the Agency that a sewer use ordinance or other legally binding
				requirement will be enacted and enforced in each jurisdiction served by the
				treatment works project before the completion of construction. The ordinance
				shall prohibit any new connections from inflow sources into the sanitary sewer
				portions of the sewer system and shall ensure that new sewers and connections
				to the sewer system are properly designed and constructed.
b) The sewer use ordinance shall require:
1) Pretreatment of any industrial wastes
				which would otherwise be detrimental to the treatment works or its proper and
				efficient operation and maintenance or will otherwise prevent entry of such
				wastes into the treatment works; and
2) Compliance with any applicable federal or
				state pretreatment requirements.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart F - REQUIREMENTS FOR SEWER USE ORDINANCE, USER CHARGES AND FLOOD PLAIN INSURANCE › Section 360.602 - User Charges

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				grantee must obtain the approval of the Agency of its system of user charges
				prior to the issuance of the Step 3 grant. The grantee shall implement the user
				charge system before the treatment works is placed in operation.
b) The Agency may approve a user charge
				system in accordance with the following criteria:
1) The user charge system must result in the
				distribution of the cost of operation and maintenance of treatment works within
				the grantee's service area to each user (or user class) in proportion to such
				user's contribution to the total wastewater loading of the treatment works.
				Factors such as strength, volume, and delivery flow rate characteristics shall
				be considered and included as the basis for the user's contribution to ensure a
				proportional distribution of operation and maintenance costs to each user (or
				user class).
2) For the first year
				of operation, operation and maintenance costs shall be based upon past
				experience for existing treatment works or some other rational method that can
				be demonstrated to be applicable.
3) The grantee shall review user charges
				annually and revise the rates periodically to reflect actual treatment works
				operation and maintenance costs.
4)
				The user charge system must generate sufficient revenue to offset the cost of
				all treatment works operation and maintenance and replacement required to be
				provided by the grantee.
5) The
				user charge system must be incorporated in one or more municipal legislative
				enactments or other appropriate authority. If the project is a regional
				treatment works accepting wastewaters from treatment works owned by other, then
				the subscribers receiving waste treatment services from the grantee shall have
				adopted user charge systems. Such user charge systems shall also be
				incorporated in the appropriate municipal legislative enactments or other
				appropriate authority.
6) The use
				of a tax system in lieu of a user charge system, or as a supplement thereto, is
				specifically disallowed unless it meets federal requirements or unless the tax
				system is dedicated to support the operation and maintenance of a collection
				system and where treatment is provided by another municipality.
7) The user charge system shall meet such
				other standards as the Agency may reasonably require in order to assure the
				continued financial stability of the grantee.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart F - REQUIREMENTS FOR SEWER USE ORDINANCE, USER CHARGES AND FLOOD PLAIN INSURANCE › Section 360.603 - Flood Plain Insurance

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				grantee (or the construction contractor, as appropriate) shall acquire any
				flood insurance made available to it under the National Flood Insurance Act of
				1968, as amended, beginning with the period of construction, and maintain such
				insurance for the entire useful life of the project if the total value of
				insurable improvements is $10,000 or more.
b) The amount of insurance required is the
				total project cost, excluding facilities which are uninsurable under the
				National Flood Insurance Program, such as bridges, dams, water and sewer lines,
				and underground structures, and excluding the cost of the land, or the maximum
				limit of coverage made available to the grantee under the National Flood
				Insurance Act, whichever is less.
c) The required insurance premium for the
				period of construction is an allowable project cost.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart G - INCORPORATED REQUIREMENTS › Section 360.702 - Incorporation of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
The declarations, assurances, representatives, and statements
				  made or to be made by the grantee in any of the following documents, which
				  pertain to the project, and all terms and conditions contained in such
				  documents, are hereby incorporated by reference and made a part of the
				  agreements, terms and conditions of this offer:
a) Any Application for State Grant for Sewage
				Treatment Works Under the Anti-Pollution Bond Act of 1970, plus supporting and
				supplementary documents;
b) Any
				Application for Federal Grant for Sewage Treatment Works Under the Federal
				Water Pollution Control Act, as amended, plus supporting and supplementary
				documents;
c) Any Offer and
				Acceptance of Federal Grant for Sewage Treatment Works Under the Federal Water
				Pollution Control Act, as amended, plus supporting and supplementary
				documents;
d) Any Illinois
				Environmental Protection Agency Sewage Treatment Works Permit Application, plus
				supporting and supplementary documents;
e) Any Illinois Environmental Protection
				Agency Sewer System Permit Application, plus supporting and supplementary
				documents;
f) Any Illinois
				Environmental Protection Agency Permit, plus supporting and supplementary
				documents;
g) Any National
				Pollutant Discharge Elimination System (NPDES) Permit or Permit Application,
				plus supporting and supplementary documents.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart H - REQUIREMENTS APPLICABLE TO PAYMENT OF GRANTS › Section 360.801 - Determination of Allowable Costs

Current through Register Vol. 48, No. 28, July 12, 2024
a) The grantee will be paid, upon request, in
				accordance with General Condition Section
				360.804,
				(Grant Payment Schedule) hereof, for the state share of all necessary costs
				within the scope of the approved project not to exceed the total grant offer
				and determined to be allowable in accordance with the following
				criteria:
b) Allowable project
				costs.
Allocable project costs of the grantee which are reasonable
				  and necessary are allowable. Necessary costs may include, but are not limited
				  to:
1) Costs of salaries, benefits,
				and expendable material incurred by the grantee for the project, except as
				provided in Section 360.801(c)(7) below.
2) Costs under construction
				contracts;
3) Professional and
				consultant services;
4) Facility
				planning directly related to the treatment works;
5) Sewer system evaluation;
6) Project feasibility and engineering
				reports;
7) Preparation of
				construction drawings, specifications, estimates, and construction contract
				documents;
8)
				Landscaping;
9) Supervision of
				construction work;
10) Removal and
				relocation or replacement of utilities for which the grantee is legally
				obligated to pay;
11) Materials
				acquired, consumed, or expended specifically for the project;
12) A reasonable inventory of laboratory
				chemicals and supplies necessary to initiate plant operations;
13) Development and preparation of an
				operation and maintenance manual; and
14) Project identification signs.
15) Flood plain insurance
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart H - REQUIREMENTS APPLICABLE TO PAYMENT OF GRANTS › Section 360.802 - Amount of Grant - Percentage of Approved Allowable Costs

Current through Register Vol. 48, No. 28, July 12, 2024
a) The commitment and obligation of the State
				of Illinois and the Agency to the grantee by this grant for the project is
				limited to and shall not exceed the total amount of the grant, which grant
				includes a provision for approvable contingencies as set forth in the grant and
				special conditions thereof. Nothing herein, including the provisions of General
				Condition Section
				360.402, (Project
				Changes) hereof, shall operate to commit or obligate the State of Illinois or
				the Agency to any increase in the total amount or percentage of the grant or of
				the grant offer.
b) The amount of
				the grant shall not exceed the appropriate percentage of the approved allowable
				cost of the project as set forth in the grant offer and special conditions
				thereof. In the event the actual allowable cost of the project, as determined
				by the Agency pursuant to periodic audit, is less than the estimated allowable
				cost, such actual eligible cost shall be used to determine the amount of the
				grant and the grant shall be reduced as necessary to conform with the
				limitations hereinabove described.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart H - REQUIREMENTS APPLICABLE TO PAYMENT OF GRANTS › Section 360.803 - Use of Grant and Payment of Non-Allowable Costs

Current through Register Vol. 48, No. 28, July 12, 2024
a) The grant shall be expended solely for
				approved allowable costs incurred in the planning, designing and construction
				of the project.
b) The grantee
				agrees to pay the non-allowable costs associated with the project and all
				allowable costs of the project which exceed the amount of the grant offer and
				shall construct the project, or cause it to be constructed to final completion
				in accordance with the plans and specifications approved by the Agency for the
				project.
c) The grantee commits
				itself to complete the construction of the operable treatment works and
				complete waste treatment system of which the project is a part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart H - REQUIREMENTS APPLICABLE TO PAYMENT OF GRANTS › Section 360.805 - Other Federal or State Grants

Current through Register Vol. 48, No. 28, July 12, 2024
If the grantee becomes eligible for a grant of federal funds
				  or State funds for this project from other than the Anti-Pollution Fund, the
				  grantee shall repay to the State of Illinois, for deposit in the Anti-Pollution
				  Fund, any funds received exceeding 100% of the approved allowable cost of the
				  project, as defined by the Agency in accordance with the conditions of this
				  grant. The grantee shall take any and all actions as may be directed by the
				  Agency to perfect and preserve eligibility for federal or State funds from
				  other than the Anti-Pollution Fund or to reimburse to the Anti-Pollution Fund
				  amounts that would have been returned to it under this condition but for
				  failure of the grantee to take timely action as directed.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 362 - PROCEDURES FOR ADMINISTRATION OF THE CONSTRUCTION MANAGEMENT ASSISTANCE PROGRAM FOR GRANTS UNDER THE CLEAN WATER ACT › Subpart A - GENERAL › Section 362.101 - Administration

Current through Register Vol. 48, No. 28, July 12, 2024
a) Title II of the
				federal Clean Water Act (
				33 U.S.C.
				1281 et seq.), authorizes the issuance of
				grants for the construction of sewage treatment works by municipalities and
				other units of local government. In addition, Section 205(g),
				33 U.S.C.
				1285(g) authorizes the
				delegation to States of the responsibility to manage the construction
				assistance program set forth in Title II.
b) The construction management assistance
				program is administered in Illinois on a joint cooperative basis by the
				Illinois Environmental Protection Agency ("Agency") and the United States
				Environmental Protection Agency ("USEPA") in accordance with state and federal
				laws and regulations, these procedures, delegation agreements executed by the
				Agency and USEPA, and the Agency's Annual Water Pollution Control Program Plan
				as approved by the USEPA in accordance with Section 106 of the federal Clean
				Water Act (
				33 U.S.C.
				1256 ).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 362 - PROCEDURES FOR ADMINISTRATION OF THE CONSTRUCTION MANAGEMENT ASSISTANCE PROGRAM FOR GRANTS UNDER THE CLEAN WATER ACT › Subpart A - GENERAL › Section 362.102 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Unless specified otherwise all terms shall have the meanings
				  set forth in the federal Clean Water Act (
				  33 U.S.C.
				  1251 et seq.) and 40 CFR 35. Federal
				  regulations referenced in this Part will be applicable as of the effective date
				  of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 362 - PROCEDURES FOR ADMINISTRATION OF THE CONSTRUCTION MANAGEMENT ASSISTANCE PROGRAM FOR GRANTS UNDER THE CLEAN WATER ACT › Subpart A - GENERAL › Section 362.103 - Project Priority List

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency maintains a list setting forth the priority for
				  receipt of federal funding for each project applicant. Project priorities are
				  established in accordance with Agency rules entitled "Procedures and
				  Requirements for Determining Construction Grant Priorities for Municipal Sewage
				  Treatment Works Needs" (35 Ill. Adm. Code 364). The Project Priorities list may
				  be obtained from the Agency upon request.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 362 - PROCEDURES FOR ADMINISTRATION OF THE CONSTRUCTION MANAGEMENT ASSISTANCE PROGRAM FOR GRANTS UNDER THE CLEAN WATER ACT › Subpart A - GENERAL › Section 362.105 - Initiation of Work

Current through Register Vol. 48, No. 28, July 12, 2024
Except as provided under 40 CFR 35, Subpart I, the applicant
				  must not initiate Step 3 building prior to issuance of a Step 2 + 3 or Step 3
				  grant agreement.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 362 - PROCEDURES FOR ADMINISTRATION OF THE CONSTRUCTION MANAGEMENT ASSISTANCE PROGRAM FOR GRANTS UNDER THE CLEAN WATER ACT › Subpart B - PROCEDURES FOR ISSUANCE OF STEP 2 + 3 OR STEP 3 GRANTS › Section 362.201 - Review and Approval of Step 2 + 3 Grants

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each application for a Step 2 + 3 grant
				shall include a facilities plan. The Agency shall review the application, the
				facilities plan, and other information to determine if it is complete and
				approvable under 40 CFR 35, Subpart I.
b) If the facilities plan and supporting
				application materials are complete and approvable, the Agency shall certify the
				project to the USEPA for issuance of a Step 2 + 3 grant in accordance with the
				availability of federal funding if necessary to obligate the reserve set aside
				for projects utilizing innovative or alternative wastewater conveyance and
				treatment systems.
c) If the
				facilities plan and supporting application materials are not complete and
				approvable, the Agency shall issue a letter of review to the applicant
				identifying the deficiencies in the application which must be corrected prior
				to certification of the Step 2 + 3 grant. Subject to federal appropriation, the
				Agency will certify a Step 2 + 3 project where a facility plan is incomplete if
				the requirements of 40 CFR 35, Subpart I pertaining to facility planning
				exceptions are met.
d) Issuance of
				a Step 2 + 3 grant shall constitute approval of a facility plan (except where
				issued under a facility planning exception) and authorization to initiate the
				preparation of design engineering and specifications under the allowance
				provision.
e) Prior to
				authorization to advertise for building bids under Step 3 of the Step 2 + 3
				grant, the applicant shall submit to the Agency application information
				required for issuance of Step 3 grants, together with a user charge system, and
				sewer use ordinance. The Agency shall authorize the advertising for building
				bids upon a determination that the submitted information meets the requirements
				of 40 CFR 35, Subpart I.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 362 - PROCEDURES FOR ADMINISTRATION OF THE CONSTRUCTION MANAGEMENT ASSISTANCE PROGRAM FOR GRANTS UNDER THE CLEAN WATER ACT › Subpart B - PROCEDURES FOR ISSUANCE OF STEP 2 + 3 OR STEP 3 GRANTS › Section 362.202 - Review and Approval of Step 3 Grants

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each application for a Step 3 grant shall
				include the information required under 40 CFR 35, Subpart I, together with a
				sewer use ordinance and user charge system that meet the requirements of 40 CFR
				35, Subpart I. The Agency shall review the application to determine if it is
				complete and approvable.
b) If the
				application materials are complete and approvable the Agency shall certify the
				project to the USEPA for issuance of a Step 3 grant in accordance with the
				availability of federal funding.
c)
				If the application materials are not complete and approvable, the Agency shall
				issue a letter of review to the applicant, identifying the deficiencies in the
				application which must be corrected prior to certification of the Step 3
				grant.
d) Subject to federal
				appropriation, the Agency will certify a Step 3 project where a facility plan
				is incomplete if the requirements of 40 CFR 35, Subpart I, pertaining to
				facility planning exceptions and segmentation of projects are met.
e) Issuance of a Step 3 grant shall
				constitute approval of a facility plan (except where issued under a facility
				planning exception), final design, and authorization to advertise for building
				bids.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 362 - PROCEDURES FOR ADMINISTRATION OF THE CONSTRUCTION MANAGEMENT ASSISTANCE PROGRAM FOR GRANTS UNDER THE CLEAN WATER ACT › Subpart C - PROCEDURES FOLLOWING THE ADVERTISEMENT FOR BUILDING BIDS › Section 362.301 - Bid Proposal and Proposed and Executed Contract

Current through Register Vol. 48, No. 28, July 12, 2024
a) After advertisement for and receipt of
				building bids, the applicant shall submit to the Agency for review those
				documents necessary to determine compliance with 40 CFR 33 including: the bid
				tabulation, bid analyses, the bid proposal, and the proposed contract and any
				request for amendment to the Step 3 grant or Step 3 portion of the Step 2 + 3
				grant. If a grant amendment is necessary and approvable in accordance with 40
				CFR 35 and this Part, the Agency shall issue a certification of the grant
				amendment in a transmittal of the request to the USEPA. Final approval by the
				Agency or the USEPA of the bid proposal and proposed contract shall be
				authorization by the Agency to the applicant to award the contract to the
				lowest responsible, responsive bidder.
b) The executed contract between the grantee
				and contractor shall be submitted to the Agency within 10 days after
				execution.