Illinois Administrative Code

Section 652.220 Corrosion Prevention at Community Water Supplies a) A community water supply must use protective coatings personnel to carry out corrosion prevention and mitigation methods on the following: 1) exposed water treatment tanks, exposed non-concrete water treatment st…

Section 652.300 System Capacity All new public water supplies must demonstrate technical, financial, and managerial capacity to ensure compliance with the applicable federal and State drinking water standards of 35 Ill. Adm. Code: Subtitle F. The owner of the public water supply …

Section 652.310 Supporting Data for Public Water Supply Capacity Demonstration Each public water supply subject to the capacity requirements shall demonstrate technical capacity, managerial capacity, and financial capacity by submission of the following compliance records to the …

Section 660.101 Purpose a) Section 4(v) of the Environmental Protection Act (Ill. Rev. Stat. 1986 Supp., ch. 111½, par. 1004(v), as added by P.A. 85-288, effective September 8, 1987) authorizes the Illinois Environmental Protection Agency ("Agency") to distribute grants subject t…

Section 660.102 Definitions Unless specified otherwise, all terms shall have the meanings set forth in the Environmental Protection Act (Ill. Rev. Stat. 1985, ch. 111 1/2, pars. 1001 et seq., as amended) ("the Act"), 35 Ill. Adm. Code 661.102, and 35 Ill. Adm. Code 601.

Section 660.103 Severability If any provision of this Part or the application thereof to any person or in any circumstances is adjudged invalid, such adjudication shall not affect the validity of this Part as a whole or any provision thereof not adjudged invalid. SUBPART B: PROCE…

Section 660.201 General a) The Agency will not award a grant unless an appropriation has been made for the project by the General Assembly and approved by the Governor. b) The Agency will award grants to fund only allowable, eligible project costs as described in 35 Ill. Adm. Cod…

Section 660.202 Applications for Grants Under Section 4(v) of the Act a) Applicants shall apply for grants on forms prescribed by the Agency. b) Except as provided otherwise in Section 660.203, the Agency will not award a grant unless the applicant: 1) Applies for the grant on fo…

Section 660.203 Deferral of Document Submission a) Upon written request of the applicant, the Director will defer the submission of any or all of the documents described Section 660.201(c)(2) through (c)(7) if the Director finds in writing that such documents are not needed for p…

Section 661.101 Purposes a) Sections 4(k), 4(x)(1), and 4(x)(2) 4 of the Environmental Protection Act [415 ILCS 5/4(k), 415 ILCS 5/4(x)(1), 415 ILCS 5/4(x)(2)] authorize the Illinois Environmental Protection Agency ("Agency") to distribute grants, subject to appropriation by the …

Section 661.102 Definitions a) Unless specified otherwise, all terms shall have the meanings set forth in the Environmental Protection Act. b) For purposes of this Part and 35 Ill. Adm. Code 660, the following definitions apply: "Act" means the Environmental Protection Act [415 I…

Section 661.103 Severability If any provision of this Part or the application thereof to any person or in any circumstance is adjudged invalid, such adjudication shall not affect the validity of this Part as a whole or any provision thereof not adjudged invalid. SUBPART B: LIABIL…

Section 661.201 Noncompliance with Grant Conditions a) In the event of noncompliance with any condition imposed pursuant to a grant, the Director shall take one or more of the following actions: 1) Commence legal action in a court of competent jurisdiction (e.g., to obtain an inj…

Section 661.202 Stop-Work Order a) The Agency may, for any violation of this Part or for any violation of a special condition set forth in the grant, 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 …

Section 661.203 Termination a) Grant Termination by Agency The Agency, by written notice and after consultation with the grantee, may terminate the grant. Cause for termination shall include, but not be limited to: default (inability or unwillingness to perform under this Part) b…

Section 661.204 Waiver of Conditions a) Except as provided otherwise in subsection (b), if the requirement waived is not considered by the Director to be necessary to insure the integrity of the project, upon written request of the grantee, the Director shall waive any or all of …

Section 661.205 Covenant Against Contingent Fees The grantee must warrant 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. SUBPART C: REQUIREMENTS …

Section 661.301 General Conditions for all Subagreements 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 complet…

Section 661.302 Construction Contracts of Grantee a) This Section shall apply to construction contracts (subagreements) awarded by the grantee. b) The project work shall be performed under one or more contracts awarded by the grantee to private firms, except for force account wor…

Section 661.303 Contracts for Personal and Professional Services - Consulting Engineering Agreements a) Scope of Application The provisions of subsections (a) through (i) apply to all subagreements of grantees for architectural or engineering services in which the aggregate amoun…

Section 661.304 Equal Opportunity In each contract relating to the project, the grantee and each subcontractor shall include the Equal Employment Opportunity Clause set forth in 44 Ill. Adm. Code 750.Appendix A.

Section 661.305 Compliance with Procurement Requirements a) Grantee responsibility The grantee is responsible for selecting the low, responsive, and responsible bidder or other contractor in accordance with State or local laws or ordinances, and the grant agreement directly affec…

Section 661.306 Disputes a) Only the grantee may appeal to the Agency under this provision with respect to its subagreements for its own name and benefit. Neither a contractor nor a subcontractor of a grantee may prosecute an appeal under the disputes provision of a grant in its …

Section 661.307 Indemnity 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,…

Section 661.401 Project Initiation a) 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 gra…

Section 661.402 Project Changes a) Prior approval by the Agency, based upon the Agency's professional judgment as defined in Section 661.102(b), is required for project changes which: 1) Increase the amount of State funds needed to complete the project, except that no change will…

Section 661.403 Supervision The grantee will provide and maintain engineering supervision and inspection of the project to ensure that the construction conforms with the approved plans and specifications for any project involving construction.

Section 661.404 Project Sign 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 for public viewing…

Section 661.405 Final Inspection a) The grantee must notify the Agency of the completion of 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 full complied with the following sections…

Section 661.406 Operation and Maintenance a) The grantee shall provide economic, effective, and efficient operation and maintenance of all grant funded treatment, storage, and transmission facilities. The Agency's approval shall be based upon the Agency's professional judgment as…

Section 661.407 User Charges a) Each applicant must develop a system of user charges prior to grant approval. The system of user charges must be enacted and enforced prior to initiation of operation of the project for which the grant was awarded. b) The user charge system shall b…

Section 661.408 Flood Plain Insurance a) If the project includes insurable structures which will be located within a designated flood plan area (Zone A on the Federal Emergency Management Agency (FEMA) Flood Hazardous Maps) the grantee must furnish written evidence that it is par…

Section 661.501 Access a) The Agency and any persons designated by the Agency shall 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 repres…

Section 661.502 Audit and Records a) The grantee shall maintain books, records, documents, reports and other evidentiary material and accounting procedures and practices that conform to GAAP to properly account for: 1) The receipt and disposition by the grantee of all assistance …

Section 661.601 Statutory Conditions a) All grants are awarded subject to State law, including but not limited to the requirements of the following Illinois statutes: 1) The Illinois Architecture Act of 1989 [225 ILCS 305] relating to the practice of architecture. 2) The Adjacent…

Section 661.602 Incorporation of Documents 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 incorpo…

Section 661.701 Determination of Allowable Costs a) The grantee will be paid, upon request, in accordance with Section 661.704 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…

Section 661.702 Amount of Grant-Percentage of Approved Allowable Costs 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. Nothing herein, including…

Section 661.703 Use of Grant and Payment of Non-Allowable Costs a) The grant shall be expended solely for approved allowable costs incurred in the design and construction of the project. b) The grantee agrees to pay the non-allowable associated with the project and all allowable …

Section 661.704 Grant Payment Schedule a) General The grantee shall be paid the state share of allowable costs incurred within the scope of an approved project not to exceed the total grant, subject to the limitations of the conditions of the grant. Such payments must be in accor…

Section 661.705 Maximum Grant Share a) The total percentage of State grant funding for allowable project costs, as described in Section 661.701, is subject to any local match requirements set forth in the Act. b) If the monies appropriated for the grant are from a source other th…

Section 661.APPENDIX A General Conditions of Construction Contract Document 1. Definitions 2. Additional Instructions and Detail Drawings 3. Schedules, Reports and Records 4. Drawings and Specifications 5. Shop Drawings 6. Materials, Services and Facilities 7. Inspection and Test…

Section 662.105 Purpose This Part sets forth procedures to be used by the Agency to operate the Public Water Supply Loan Program (PWSLP).

Section 662.110 Definitions 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 F) and the federal Safe Drinking Wa…

Section 662.120 Safe Drinking Water Act Requirements a) The Public Water Supply Loan Program is administered by the Agency in accordance with the Safe Drinking Water Act and the Illinois Environmental Protection Act. b) The Capitalization Grant Agreement between the Agency and US…

Section 662.130 Projects and Activities Eligible for Assistance a) Eligible public water supplies. Funds available under the PWSLP and this Part shall only be used for providing financial assistance to the following: 1) a local government unit; and 2) a privately owned community …

Section 662.140 Uses of the Public Water Supply Loan Program The Public Water Supply Loan Program shall be used and administered by the Agency for the following purposes: a) to accept and retain funds from grant awards, appropriations, transfers, and payments of interest and prin…