Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM › Subpart A - INTRODUCTION › Section 365.110 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Unless specified otherwise in subsection (b), all terms shall
				  have the meanings set forth in the Environmental Protection Act (Act)
				  [415 ILCS
				  5 ] and the regulations adopted under that Act (35
				  Ill. Adm. Code: Subtitle C) and the federal Clean Water Act (CWA), as amended
				  (33 U.S.C.
				  1251 et seq.).
For the purposes of this Part, the following definitions
				  apply:
Act - The Environmental Protection Act [415 ILCS 5
				  ].
Addenda - Documents issued by the loan applicant after
				  advertisement for bids, which modify or interpret the contract documents,
				  drawings, and specifications, by additions, deletions, clarifications or
				  corrections.
Agency -
Illinois Environmental Protection
				  Agency
. [415 ILCS
				  5/19.2(a) ]
Asset Management Plan - Any system-wide plan that contains
				  the information on asset conditions, service levels, customer needs, and
				  financial resources to ensure the loan applicant can conduct planned
				  maintenance and repair and replace and upgrade capital assets to reliably
				  provide quality service for the foreseeable future.
BABA Act - The portion of the BIL Act at Sections 70901
				  through 70952 (Public Law
				  117-58;
				  41 U.S.C.
				  8301 note), also known as the Build America
				  Buy America Act.
BIL Act - The Bipartisan Infrastructure Law (Public Law
				  117-58), also known as the Infrastructure
				  Investment and Jobs Act of 2021 or IIJA.
Binding Commitment - A legal obligation between the Agency
				  and the loan recipient to provide financial assistance from the WPCLP to the
				  loan recipient, specifying the terms and schedules under which assistance is
				  provided. The loan agreement will be considered a binding commitment.
Capitalization Grant - The actual federal funds received by
				  the Agency for deposit into the WPCLP as a result of the capitalization grant
				  agreement with USEPA.
Capitalization Grant Agreement - The agreement entered into
				  each federal fiscal year between the Agency and USEPA for the purpose of
				  providing a grant to capitalize the WPCLP and enable the Agency to provide
				  assistance for WPCLP projects.
Change Order - A written order by the loan recipient to the
				  contractor authorizing an addition, deletion or revision in the work within the
				  general scope of the contract documents, or authorizing an adjustment in the
				  contract price or contract time.
Compliance Project - A project that consists of construction,
				  expansion, or upgrading of a treatment works necessary to meet State and
				  federal requirements as specified in 35 Ill. Adm. Code: Subtitle C and the CWA,
				  respectively.
Construction
-
Any one or more of
				  the following which is undertaken for a public purpose: preliminary planning to
				  determine the feasibility of the treatment works, engineering, architectural,
				  legal, fiscal or economic investigations, or studies, surveys, designs, plans,
				  working drawings, specifications, procedures or other necessary actions,
				  erection, building, acquisition, alteration, remodeling, improvement or
				  extension of treatment works, or the inspection or supervision of any of the
				  foregoing items.
[415 ILCS 5/19.2 ]
Contract Documents - The contract, including but not limited
				  to advertisement for bids, information for bidders, bid, bid bond, agreement,
				  payment bond, performance bond, notice of award, notice to proceed, change
				  order, drawings, specifications, and addenda.
CWA - The Clean Water Act, as amended (33 U.S.C.
				  1251 et seq.).
Dedicated Source of Revenue - The type of security and the
				  basis of legal authorization that are dedicated by legislative enactment or
				  other appropriate authority, along with the applicable revenue source pledged
				  for repayment and recorded in an account for the purpose of loan repayment,
				  which is sufficient to repay the principal and interest on the loan.
Design - All administrative, legal, and engineering tasks,
				  subsequent to Project Plan approval but prior to advertisement for bid
				  proposal, associated with receiving approval of a loan application. This must
				  include the following: surveys, designs, plans, working drawings,
				  specifications, soil investigations, and any other tests or process
				  determinations required to establish design criteria, and development of user
				  charge systems and sewer use ordinances.
Director - Director of the Illinois Environmental Protection
				  Agency.
Energy Efficiency - The use of improved technologies and
				  practices to reduce the energy consumption of water quality projects, including
				  projects to reduce energy consumption or produce clean energy used by a
				  treatment works.
Environmentally Innovative Projects - Projects that
				  demonstrate new and/or innovative approaches to managing water resources in a
				  more sustainable way, including projects that achieve pollution prevention or
				  pollutant removal with reduced cost and projects that foster adaptation of
				  water protection programs and practices to climate change.
Facilities - Equipment or operating systems that are
				  constructed, installed, or established to serve the particular purpose of
				  mitigating the impacts of sewerage, industrial waste, or non-point sources of
				  pollution in a watershed. Facilities may involve stand-alone projects or be
				  involved as component pieces of treatment works. Facilities in the context of
				  the Green Project Reserve will address green infrastructure, water and energy
				  efficiency improvements, and other environmentally innovative
				  activities.
Fixed Loan Rate - The simple annual fixed rate on the loan,
				  which includes an interest rate portion and a loan support rate portion. The
				  fixed loan rate shall be determined on an annual basis by the procedures
				  defined in Section 365.210.
Interest Rate - The interest rate is a portion of the Fixed
				  Loan Rate and shall not be less than one-half of the Fixed Loan Rate rounded to
				  the nearest 0.01 %. The monies generated by
				  the interest rate portion of the Fixed Loan Rate shall be deposited in the
				  WPCLP receipt account within the Fund.
Loan Support Rate - The loan support rate is a portion of the
				  Fixed Loan Rate and shall not exceed one-half of the Fixed Loan Rate rounded to
				  the nearest 0.01%. The monies generated by the loan support rate portion of the
				  Fixed Loan Rate shall be deposited in the Loan Support Program receipt account
				  within the Fund.
Fund
-
The Water Revolving
				  Fund
as authorized by Section
				  19.3 of the Act,
consisting of the Water Pollution Control Loan Program, the Public
				  Water Supply Loan Program, and the Loan Support Program
.
				  [415 ILCS
				  5/19.2(b) ]
Green Infrastructure - Includes a wide array of practices at
				  multiple scales that manage and treat stormwater and that maintain and restore
				  natural hydrology by infiltrating, evapotranspiring, and capturing and using
				  stormwater. On a regional scale, green infrastructure is the preservation and
				  restoration of natural landscape features, such as forests, floodplains and
				  wetlands, coupled with policies that reduce overall imperviousness in a
				  watershed. On a local scale, green infrastructure consists of site- and
				  neighborhood-specific practices, such as bioretention, trees, green roofs,
				  porous pavements, and cisterns.
Green Project Reserve - The portion of funded projects, as
				  required by the Capitalization Grant, identified by the Agency in its Intended
				  Use Plan and annual report that address green infrastructure, water and energy
				  efficiency improvements, and other environmentally innovative activities as
				  directed by federal law.
Infiltration - Water other than wastewater that enters a
				  sewer system (including sewer service connections and foundation drains) from
				  the ground through such means as defective pipes, pipe joints, connection, or
				  manholes.
Inflow - Water other than wastewater that enters a sewer
				  system (including sewer service connections) from sources such as, but not
				  limited to, roof leaders, cellar drains, yard drains, area drains, drains from
				  springs and swampy areas, manhole covers, cross-connections between storm
				  sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface
				  runoff, street wash water, or drainage.
Initiation of Loan Repayment Period - The date in a loan
				  agreement or amendment that establishes the beginning point of the loan
				  repayment period.
Initiation of Operation - The date specified by the loan
				  agreement on which use of the project began operation for the purposes that it
				  was planned, designed, and constructed.
Intended Use Plan
-
A plan which
				  includes a description of the short and long term goals and objectives of the
				  Water Pollution Control Loan Program, project categories, discharge
				  requirements, terms of financial assistance and the loan applicants to be
				  served
. [415 ILCS
				  5/19.2(e) ]
Interstate Agency - An agency of two or more states
				  established by or pursuant to an agreement or compact approved by the U.S.
				  Congress, or any other agency of two or more states, having substantial powers
				  or duties pertaining to the control of pollution as determined and approved by
				  USEPA.
Iron and Steel Products - The following products made
				  primarily of iron or steel: lined or unlined pipes and fittings, manhole covers
				  and other municipal castings, hydrants, tanks, flanges, pipe clamps and
				  restraints, valves, structural steel, reinforced precast concrete, and
				  construction materials.
Loan -
A loan made from the Water Pollution Control
				  Loan Program to an eligible applicant as a result of a contractual agreement
				  between the Agency and such applicant
. [415 ILCS
				  5/19.2(c) ]
Loan Agreement - The contractual agreement document between
				  the Agency and the loan recipient that contains the terms and conditions
				  governing the loan issued from the WPCLP.
Loan Applicant - The person that has applied for a loan from
				  the WPCLP under this Part.
Loan Procedures - The procedures for issuing loans from the
				  WPCLP as set out in this Part.
Loan Recipient - The person that has been provided a loan
				  from the WPCLP under this Part.
Loan Support Rate - The loan support rate is a portion of the
				  fixed loan rate and shall not exceed one-half of the fixed loan rate rounded to
				  the nearest 0.01%. The monies generated by the loan support rate portion of the
				  fixed loan rate shall be deposited in the Loan Support Program receipt account
				  within the Fund.
Local Government Unit - A county, municipality,
				  township, municipal or county sewerage or utility authority, sanitary district,
				  public water district, improvement authority or any other political subdivision
				  whose primary purpose is to construct, operate and maintain wastewater
				  treatment facilities, including storm water treatment systems, or public water
				  supply facilities or both
. [415 ILCS
				  5/19.2(g) ]
Market Interest Rate - The mean interest rate of the 20
				  General Obligation Bond Buyer Index, from July 1 through June 30 of the
				  preceding year, rounded to the nearest 0.01%.
Median Household Income or MHI - The median household income
				  is the American Community Survey 5-year estimate from the United States
				  Department of Commerce, Bureau of the Census.
Municipality - A city, town, county, village, district,
				  utility authority, sanitary district, public water district, not-for-profit
				  association or other political subdivision whose responsibilities include
				  construction, operation and maintenance of treatment works.
Operating Agreement - The agreement between the Agency and
				  USEPA that establishes the policies, procedures and activities for the
				  application and receipt of federal capitalization grant funds for
				  capitalization of the WPCLP.
Person
-
Any individual,
				  partnership, co-partnership, firm, company, limited liability company,
				  corporation, association, joint stock company, trust, estate, political
				  subdivision, state agency, or any other legal entity, or their legal
				  representative, agent, or assigns
. [415 ILCS
				  5/3.315 ]
Principal - The total amount of funds distributed to loan
				  recipients for eligible project costs.
Project - The activities or tasks the Agency identifies in
				  the loan agreement for which the loan recipient may expend loan funds.
Project Priority List - An ordered listing of projects
				  developed in accordance with the priority system described in 35 Ill. Adm. Code
				  366 that the Agency has determined are eligible to receive financial assistance
				  from the WPCLP.
Public Loan Applicant - A loan applicant that is a
				  municipality, intermunicipal agency, interstate agency, or local government
				  unit that has applied for a loan under the WPCLP.
Public Loan Recipient - A loan recipient that is a
				  municipality, intermunicipal agency, interstate agency, or local government
				  unit that has been provided a loan under the WPCLP.
Responsible Bid - A bid that demonstrates the apparent
				  ability of the bidder to successfully meet all the requirements specified in
				  the contract documents. Information necessary to demonstrate responsibility may
				  be corrected or submitted after bid opening.
Responsive Bid - A bid that complies with all meaningful or
				  material aspects of the contract documents. The bid must constitute a definite
				  and unqualified offer to meet the material requirements of the contract
				  documents including any terms that affect price, quality, quantity, or time of
				  delivery, or are clearly identified in the contract documents to be complied
				  with at the risk of bid rejection for nonresponsiveness. Bid defects resulting
				  in a nonresponsive bid may not be corrected after the bid opening.
Service Population - The number of people served by the
				  public loan applicant.
Subagreement - A written agreement between the loan recipient
				  and another party, and any tier of agreement under that written agreement, to
				  furnish services, supplies, or equipment necessary to complete the project for
				  which a loan is provided, including construction contracts, contracts for
				  personal and professional services, and purchase orders.
Treatment Works
-
Treatment works,
				  as defined in section 212 of the federal Water Pollution Control Act
(33 U.S.C.
				  1292)
, including, but not limited
				  to, the following:
any devices and systems owned by a local government
				  unit and used in the storage, treatment, recycling, and reclamation of sewerage
				  or industrial wastes of a liquid nature, including intercepting sewers, outfall
				  sewers, sewage collection systems, pumping power and other equipment, and
				  appurtenances;
extensions, improvements, remodeling, additions, and
				  alterations thereof;
elements essential to provide a reliable recycled
				  supply, such as standby treatment units and clear well
				  facilities;
any works, including site acquisition of the land
				  that will be an integral part of the treatment process for wastewater
				  facilities; and
any other method or system for preventing, abating,
				  reducing, storing, treating, separating, or disposing of municipal waste,
				  including storm water runoff, or industrial waste, including waste in combined
				  storm water and sanitary sewer systems as those terms are defined in the
				  Federal Water Pollution Control Act.
[415 ILCS
				  5/19.2(f) ]
Unemployment Rate - The annual average unemployment rate
				  calculated by the Illinois Department of Employment Security, Economic
				  Information and Analysis Division.
Useful Life - The estimated period during which a treatment
				  works is intended to be operable, as certified by the project's consulting
				  licensed professional engineer.
USEPA - The United States Environmental Protection
				  Agency.
User Charge - A charge levied on the users of a treatment
				  works to produce adequate revenues for the operation, maintenance, and
				  replacement of the treatment works.
WPCLP - The Water Pollution Control Loan Program as
				  authorized by Section
				  19.3 of the
				  Act.