Illinois Administrative Code

Section 365.150 Other Federal Requirements (Repealed) (Source: Repealed at 43 Ill. Reg. 11141, effective October 1, 2019)

Section 365.160 Application Process a) In order to receive a loan under the WPCLP, loan applicants must apply to the Agency using the loan application process outlined in Subpart C. The process requires that: 1) the loan applicant submits a Funding Nomination Form pursuant to Sec…

Section 365.170 Waiver of Procedures a) Except as provided in subsection (b) or otherwise required by law, the Director may waive any of the loan procedures, either in whole or in part, by a written statement to the loan recipient, either as a special condition of the loan or oth…

Section 365.210 Fixed Loan Rate The interest rate of the loan agreement shall be a fixed loan rate and shall be established as follows: a) Base 30 Year Rate – Loan agreements with a repayment period not to exceed 30 years shall have a fixed loan rate equal to 50% of the market in…

Section 365.220 Loan Repayment Period a) Except as provided in subsection (b), the loan repayment period cannot exceed the lesser of 30 years beyond the initiation of operation date, 30 years beyond the initiation of the loan repayment period, or the projected useful life of the …

Section 365.240 Restructuring All restructuring shall be consistent with the objectives of the CWA and shall meet the requirements of this Part. a) A written request for the restructuring of the loan obligation must be submitted in writing to the Agency. Each written request for …

Section 365.250 Additional Subsidization a) The Agency may provide additional subsidization as provided in section 603(i) of the CWA or as otherwise prescribed by USEPA in the annual capitalization grant agreement. b) Pursuant to section 603(i)(2) of the CWA, the Agency adopts th…

Section 365.260 Limitations on Loan Assistance The Agency may establish the annual limitations on the amount of loan assistance given to each loan recipient by considering the status of the Fund, capitalization grant amounts, economic conditions, and requirements established by U…

Section 365.310 Funding Nomination Form a) Every loan applicant must submit to the Agency a signed and dated Funding Nomination Form that includes, at a minimum, the following items: 1) Loan applicant information A) name; B) contact information; and C) authorized representative –…

Section 365.320 Project Plan a) Loan applicants shall submit to the Agency a Project Plan, with its initial Funding Nomination Form, that shall consist of plans and studies that are directly related to the construction or implementation of the proposed project. The Project Plan s…

Section 365.330 State Environmental Review a) Preliminary Environmental Review 1) All loan applicants shall submit an environmental checklist on forms prescribed by the Agency. 2) Prior to making a final determination on the acceptability of any project plan, the Agency shall und…

Section 365.340 Project Priority List a) The Agency shall not provide financial assistance from the State Water Revolving Fund under this Part to projects that are not on the Agency's Project Priority List. b) The Agency shall develop a Project Priority List for each fiscal year …

Section 365.345 Loan Priority Score a) Projects will be scored and ranked for inclusion on the Project Priority List using the loan priority score methodology set forth in this Section. b) The Agency will calculate the loan priority score by totaling the points awarded in subsect…

Section 365.350 Loan Application and Other Documentation Before the Agency will issue a loan agreement, the loan applicant must submit the following documents: a) An application, on forms prescribed by the Agency, which must include the following documents: 1) Loan Program Certif…

Section 365.355 Letter of Commitment a) Anytime during the fiscal year, the Agency may issue a letter of commitment reserving funds for a project, provided funds are available, if the following conditions have been met: 1) project is on the Project Priority List; 2) project is no…

Section 365.410 Loan Issuance The Agency may, subject to the availability of funds, issue a loan agreement authorizing the initiation of construction of a project or activity listed in Section 365.130 when: a) the loan applicant submitted a Funding Nomination Form and the project…

Section 365.420 Post-Loan Issuance Construction Contract Requirements a) The loan recipient shall provide construction engineering and project monitoring to assure that the construction substantially conforms to the approved plans and specifications. b) The following procedures s…

Section 365.430 Loan Eligible Costs The loan recipient shall be paid, upon request, in accordance with Section 365.440, for all costs within the scope of the approved project, not to exceed the total amount of the loan, and that are determined to be eligible in accordance with th…

Section 365.440 Disbursement and Use of Loan Funds a) Before the Agency will disburse loan funds, the loan recipient shall submit the following: 1) A complete payment request based on costs incurred that are due and payable, as evidenced by invoices; and 2) A certification that t…

Section 365.450 Initiation of Loan Repayment Loan repayment to the Agency shall be in accordance with the loan repayment provisions contained in the loan agreement. a) Loan repayments shall commence not later than 6 months after the initiation of the loan repayment period and sha…

Section 365.460 Loan Closing and Issuance of Final Loan Amendment a) The Agency shall conduct a project review to ensure that all applicable loan conditions have been satisfied. After the final loan disbursement has been made and the project is complete, the loan recipient shall …

Section 365.470 Ongoing Auditing and Monitoring of Financial Capability a) The loan recipient shall maintain books, records, documents, reports, and other evidentiary material in accordance with generally accepted accounting principles and shall be subject to inspection and audit…

Section 365.510 Delinquent Loan Repayments a) In the event that a timely payment is not made by a loan recipient according to the loan schedule of repayment, the loan recipient shall notify the Agency in writing within 15 days after the payment due date. The notification shall in…

Section 365.520 Noncompliance with Loan Procedures a) In the event of noncompliance with any condition or obligation arising out of the loan, the Director may take any necessary action as provided by law or by the loan agreement against the loan recipient including, but not limit…

Section 365.530 Stop-Work Order a) In the event of any violation of this Part or noncompliance with the terms of the loan agreement, the Agency may, by written order, require the loan recipient to stop all or any part of the project work for a period of not more than 30 days afte…

Section 365.540 Termination a) Loan Termination by the Agency 1) The Agency, by written notice to the loan recipient, may terminate the loan in whole or in part. Cause for termination shall include, but not be limited to, the following: A) failure by the loan recipient to comply …

Section 365.610 Requirements for Subagreements The intent of this Subpart is to provide for maximum open and free competition in the procurement of materials, goods and services for the construction of projects funded from the WPCLP. Any procurement method, except as allowed unde…

Section 365.620 Construction Contracts The following procedures shall apply to construction contracts (subagreements) awarded by loan recipients for the construction phase only. They shall not apply to personal and professional service contracts. a) Each construction contract sha…

Section 365.630 Contracts for Personal and Professional Services All subagreements for personal and professional services for design or construction expected to exceed $25,000 in the aggregate shall include the following subagreement provisions. a) Subagreements for personal and …

Section 365.640 Compliance with Procurement Requirements for Construction Contracts a) Loan Applicant Responsibility The loan applicant shall be responsible for selecting the low, responsive, and responsible bidder or other contractor in accordance with applicable requirements of…

Section 365.650 Disputes a) Only the loan recipient may appeal to the Agency in its own name and for its own benefit, under the disputes provision of a loan, with respect to its subagreements. Neither a contractor nor a subcontractor may prosecute an appeal under the disputes pro…

Section 365.660 Indemnity The loan recipient shall assume the entire risk, responsibility and liability for all loss or damage to property owned by the loan recipient, by the Agency or by third persons, and for any injury to or death of any persons (including employees of the loa…

Section 365.670 Covenant Against Contingent Fees The loan recipient shall warrant that no person or agency has been employed or retained to solicit or secure a WPCLP loan upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or …

Section 367.1010 General Phase I study reports shall include the elements contained in this Subpart J, in the order presented and under appropriate subheadings. The information required by Section 367.1020 of this Part shall be collected in accordance with the requirements of the…

Section 367.1020 Phase I Diagnostic Study The Phase I diagnostic study shall contain the following elements: a) Identification of the lake to be restored or studied, including: 1) the name of the lake; 2) the location of the lake within the State; 3) the general hydrologic relati…

Section 367.1030 Phase I Feasibility Study The Phase I Feasibility Study shall include the following elements: a) An identification and discussion of the alternatives considered for pollution control or lake restoration and an identification and justification of the selected alte…

Section 367.1040 Environmental Evaluation As part of the Phase I study, award recipients shall submit to the Agency an environmental evaluation that consists of full and complete answers to the following questions. (Recipients are also encouraged to address other considerations t…

Section 367.110 Purpose The Illinois Environmental Protection Agency is authorized by the Illinois Lake Management Program Act [525 ILCS 25] and the Conservation 2000 Projects Fund [30 ILCS 105/6z-32] to establish a program for managing and improving the uses and water quality of…

Section 367.1150 Approval of Phase I Recommended Alternatives Prior to final selection of the restoration or protection alternatives and completion of the final Phase I report, the award recipient shall submit to the Agency for approval an interim report that consists of the info…

Section 367.120 Definitions a) Unless otherwise specified, all terms shall have the meanings set out in the Illinois Lake Management Program Act [525 ILCS 25] and the Illinois Environmental Protection Act [415 ILCS 5]. b) For the purposes of this Part, the following definitions a…

Section 367.130 Incorporations a) The following materials are incorporated by reference: 1) American Institute of Public Accountants Professional Standards, 666 Fifth Avenue, New York, New York 10019 (1997) 2) Protocol for the Conduct of Phase I Diagnostic-Feasibility Studies and…

Section 367.210 Financial Assistance Awards The following financial assistance awards are available under the Illinois Clean Lakes Program for lake protection and restoration at the local level: a) Diagnostic and Feasibility Study (Phase I) Awards These awards are available to la…

Section 367.220 Assistance Eligibility Criteria a) Any inland lake owner who meets the following criteria is eligible to apply for a Phase I, Phase II or LQMP assistance award: 1) The lake owner has the legal authority to enter into contracts or agreements with local, State and f…

Section 367.310 Phase I Study Awards a) Through the Clean Lakes Program, the Illinois Environmental Protection Agency will provide up to a maximum of 60% of the total cost of a Phase I Diagnostic and Feasibility Study project (up to a maximum of $75,000), with the lake owner or o…

Section 367.320 Phase II and LQMP Awards a) Through the Clean Lakes Program, the Illinois Environmental Protection Agency will provide up to a maximum of 50% of the total project cost for Phase II Long-Term Restoration and Preservation Projects or LQMP projects, with the lake own…

Section 367.410 Assistance Award Pre-Application Lake owners seeking Phase I, Phase II or LQMP funding assistance shall submit the following pre-application information to the Agency by August 31 of each year: a) Lake name; b) Lake location (city and county); c) Name of local pro…

Section 367.420 Phase I Assistance Application Applications for Phase I financial assistance shall be forwarded to the Agency by the lake owner no later than October 31 of each year. The Phase I application shall include the following information: a) Application Proposal 1) A nar…