Illinois Administrative Code

Section 663.420 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 663.430 Loan Eligible Costs The loan recipient shall be paid, upon request, in accordance with Section 663.440, 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 663.440 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 663.450 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 663.460 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 663.470 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 663.510 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 663.520 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 663.530 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 663.540 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 663.610 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 PWSLP. Any procurement method, except as allowed unde…

Section 663.620 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 663.630 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 663.640 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 663.650 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 663.660 Indemnity The loan recipient shall assume the entire risk, responsibility, and liability for all loss or damage to property owned by the loan recipient, the Agency, or third persons, and for any injury to or death of any persons (including employees of the loan re…

Section 663.670 Covenant Against Contingent Fees The loan recipient shall warrant that no person or agency has been employed or retained to solicit or secure a PWSLP loan upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or …

Section 663.APPENDIX A Examples of Eligible Projects and Activities Below is a non-exhaustive list of DWSRF-eligible projects and activities under the BIL DWSRF Lead Service Line Replacement (LSLR) capitalization grants. For a project or activity to be eligible for funding under …

Section 670.101 Purpose a) Section 14.5(a) of the Illinois Environmental Protection Act ("Act") (Ill. Rev. Stat. 1991, ch. 111 ½, par. 1014.5(a)) [415 ILCS 5/14.5(a)] requires the Illinois Environmental Protection Agency ("Agency") to administer a certification system for sites w…

Section 670.102 Definitions The definitions of the Illinois Environmental Protection Act (Ill. Rev. Stat. 1991, ch. 111 ½,pars. 1001 through 1056.6) [415 ILCS 5] and the Illinois Groundwater Protection Act (Ill. Rev. Stat. 1991, ch. 111 1/2, par. 7451-7459) [415 ILCS 55] apply to…

Section 670.103 Compliance with the Act, Board Rules, and Permit Conditions Containers, above ground tanks, and waste piles must be in compliance with the Act, Board rules, and all conditions contained in permits issued by the Agency.

Section 670.104 Conflicts with Board Rules If any provision of this Part conflicts with any rule adopted by the Board under the Act, the Board rule shall control.

Section 670.105 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.

Section 670.106 Agency Mailing Address Each request, report, notice, or other document submitted to the Agency under this Part shall be mailed to the following address: Division of Public Water Supplies Bureau of Water Illinois Environmental Protection Agency 2520 W. Iles Ave. Po…

Section 670.107 Incorporations by Reference The Agency incorporates the following materials by reference: ASTM. American Society for Testing and Materials, 1916 Race Street, Philadelphia PA 19103 (215)299-5400 "Standard Test Methods for Flash Point by Pensky-Martens Closed Tester…

Section 670.201 Applicability This Subpart applies to the owner or operator of any new or existing potential primary or secondary source of contamination that is within the setback zone or any regulated recharge area of a potable water supply well.

Section 670.203 Minimal Hazard Certification Requirements a) The owner or operator of any potential primary or secondary source identified in Section 670.201 may provide a certification to the Agency. b) If the owner or operator of any potential primary or secondary source submit…

Section 670.205 Agency Review and Confirmation of Certification Upon receipt of a certification pursuant to Section 670.203, the Agency shall, within 90 days, take one of the following actions: a) Notify the owner of the site in writing that the certification is complete and adeq…

Section 670.207 Certification Conditions A certification is not adequate if it fails to address each of the conditions required to be met by Section 670.203, or if the Agency possesses information which reasonably suggests that any statement made in the certification is inaccurat…

Section 670.209 Finding of Certification Adequacy a) When a certification has been provided with respect to which the Agency has made a finding of adequacy or has failed to act in a timely manner pursuant to Section 670.205 of this Subpart, the site shall not be subject to the pr…

Section 670.211 Failure to Act The site shall not be subject to the minimum setback zone requirements of any existing community water supply well for a period of one year, if the Agency has failed to act in a timely manner pursuant to Section 670.205, during which time the owner …

Section 670.213 Decertification The owner of the site shall comply with the requirements in Section 670.203. Any failure by the owner to maintain such compliance shall be just cause for decertification by the Agency: a) Such action may only be taken after the Agency has provided …

Section 670.215 Certification Listing The Agency shall maintain a master listing, indexed by county, of those sites for which certifications are in effect. Upon the establishment of a Regional Planning Committee pursuant to Section 17.2, the Agency shall provide a copy of the per…

Section 670.217 County or Municipality Agreements The Agency may enter into a written delegation agreement with any county or municipality, which has adopted an ordinance consistent with Section 14.2 or 14.3 of the Act, to administer the provisions of this Section. Such delegatio…

Section 670.301 Containers a) Containment Container storage areas regulated under this Part must have a containment system that is designed and operated as follows: 1) A base must underlay the containers which is free of cracks or gaps and is sufficiently impervious to contain le…

Section 670.401 Above Ground Tanks a) Primary Containment For a new above ground tank a minimum shell thickness shall be provided which ensures that the above ground tank will not fail (leak, collapse, rupture, or otherwise rendered incapable of retaining the material). b) Second…

Section 670.501 Waste Piles a) Containment A waste pile (except for an existing portion of a waste pile) must have a liner that is designed, constructed and installed to prevent any migration of wastes out of the pile into the adjacent subsurface soil or groundwater or surface wa…

Section 671.101 Purpose a) Section 14.2 of the Act establishes a minimum setback zone for existing or permitted community water supply wells or other potable water supply wells. b) Section 14.3 of the Act authorizes a maximum setback zone to be established for community water sup…

Section 671.102 Definitions a) Unless specified otherwise, all terms shall have the meanings set forth in the Act and the Illinois Groundwater Protection Act (Ill. Rev. Stat. 1987, ch. 111½, pars. 7451 et seq.). b) For purposes of this Part, the following definitions apply: "Act"…

Section 671.103 Severability If any provisions 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.

Section 671.104 Agency Mailing Address Each request, report, notice, or other document submitted to the Agency under this Part shall be mailed to the following address: Manager, Groundwater Section Division of Public Water Supplies Illinois Environmental Protection Agency 2520 W.…

Section 671.201 Estimation Techniques and Pumping Test Owners of community water supplies which utilize any water well, or any county or municipality served by any community water supply well, shall determine the lateral area of influence of the well under normal operational cond…

Section 671.202 Agency Approval of Alternate Estimation Techniques, Pump Tests, or Other Procedures The Agency shall approve an estimation technique, pump test, or other procedure that, based upon the Agency's professional judgment, is equivalent to one or more of the methods des…

Section 671.301 General Where the results of any determination made pursuant to Section 671.201 disclose that the distance from the well to the outermost boundary of the lateral area of influence of the well under normal operational conditions exceeds the radius of the minimum se…

Section 671.302 Contents of a Request Each county or municipality requesting Agency review and confirmation under Section 14.3(b) of the Act shall complete a request form prescribed by the Agency and shall: a) Submit proof that the determination made pursuant to Section 671.201 d…

Section 671.303 Agency Approval of Alternate Certification The Agency shall approve the certification under Section 671.302(c) by a person other than a registered professional engineer or a certified professional geologist if the county or municipality proves that such person has…

Section 671.304 Agency Review and Confirmation a) The Agency shall, within 90 days of any written request under Section 14.3(b) of the Act, Notify the county or municipality whether the determination is technically adequate for describing the outer boundary of drawdown of the aff…