Illinois Administrative Code

Section 885.235 Cost Criteria a) The Agency shall approve for reimbursement to the grantee, under the terms set forth in Section 885.240 of this Part, only costs contained in the quarterly reports and meeting the following criteria: 1) Costs within the scope of the redevelopment …

Section 885.240 Grant Payment a) The Agency shall use reimbursements to the grantee as the method of payment of grant funds. b) To obtain reimbursement from the municipal brownfields redevelopment grant program, the grantee shall submit a request for reimbursement in writing to t…

Section 885.245 Grantee Responsibilities a) The grantee must submit quarterly progress reports to the Agency, using forms provided by the Agency, during the term of the grant. Each progress report should be a short narrative of the activities performed and the dates they were per…

Section 885.250 Evaluation of Performance The Agency shall oversee each grantee's performance under the municipal brownfields redevelopment grant program in the following manner: a) The Agency shall evaluate grantee performance and progress toward completing the approved project …

Section 885.255 Requirements Applicable to Contracting and Subcontracting a) The following conditions and limitations shall apply to all contracts and subcontracts entered into by the grantee: 1) The grantee must use a freely and openly competitive bidding process in contracting …

Section 885.260 Agency Cost Recovery a) If the Agency undertakes a response action at the site of an approved project, the Agency will not seek recovery of its costs under Section 22.2 or Title XVII of the Act from a grantee as an owner or operator if the grantee's status as an o…

Section 885.300 Agency Action for Noncompliance with Grant Conditions a) In addition to such other remedies as may be provided by law, in the event of noncompliance with any condition imposed pursuant to a municipal brownfields redevelopment grant or other violation of this Part,…

Section 885.305 Project Termination by Grantee a) The grantee may request the termination of an incomplete project for which a grant has been awarded only for good cause. b) The Agency shall review the grantee's request to terminate a project and make a finding, no more than 90 d…

Section 885.310 Stop-Work Orders a) The Agency may, for any violation of this Part, issue a written stop-work order, requiring the grantee to stop all or any part of the project work, effective for a period of not more than 30 days from the date of the order, or for any further p…

Section 885.315 Covenant Against Contingent Fees a) The grantee must warrant, as part of the grant agreement, that no person has been employed or retained to solicit or secure a grant under this Part upon an agreement or understanding for a commission, percentage, brokerage, or c…

Section 885.320 Recovery of Grant Funds If the Agency determines that any grant funds are being misspent or improperly held by the grantee, the Agency or the Attorney General shall have the authority to recover those funds and take any action authorized by the Illinois Grant Fund…

Section 885.325 Indemnification The grantee, rather than the Agency, 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 empl…

Section 885.330 Statutory Requirements The grantee is solely responsible for assuring compliance with all statutory requirements, including, but not limited to, the Local Government Professional Services Selection Act [50 ILCS 510] and the Construction Contract Indemnification fo…

Section 885.400 Access a) The Agency or any authorized representative shall have access to the premises where any portion of the project for which the grant was awarded is being performed, both during normal business hours and at any other time project-related work is being perfo…

Section 885.405 Audit and Records a) The grantee shall maintain books, records, documents, reports and other evidentiary material, using accounting procedures and practices that conform to generally accepted accounting principles, to account properly for: 1) The receipt and dispo…

Section 886.100 Purpose The purpose of this Part is to provide financial assistance in the form of loans for the funding of site investigation, site remediation, or both, at brownfields sites.

Section 886.105 Administration The Brownfields Redevelopment Loan Program shall be administered by the Illinois Environmental Protection Agency as an instrumentality of the State of Illinois in accordance with State and federal laws.

Section 886.110 Definitions Unless specified otherwise, all terms shall have the meanings set forth in the Illinois Environmental Protection Act. Additionally, for purposes of this Part, the following definitions apply: "Act" means the Illinois Environmental Protection Act [415 I…

Section 886.115 Severability If any Section, subsection, sentence or clause of this Part shall be adjudged unconstitutional, void, invalid, or otherwise unlawful, such adjudication shall not affect the validity of this Part as a whole, or any Section, subsection, sentence, or cla…

Section 886.200 Scope and Availability of Loans a) The Agency shall establish and administer a revolving loan program to be known as the "Brownfields Redevelopment Loan Program" for the purpose of providing loans to be used for site investigation, site remediation, or both, at br…

Section 886.201 Eligible Applicants Units of local government and private parties shall be eligible to apply for loan assistance to perform investigative or remedial activities at a site where there is a release, threatened release, or suspected release of hazardous substances, p…

Section 886.205 Loan Issuance Criteria a) Criteria for awarding loans shall include, but shall not be limited to, the following: 1) Credit worthiness and ability to repay the loan; 2) Potential for economic redevelopment; 3) Long-term benefits and sustainability; 4) Strength of c…

Section 886.210 Pre-Applications for Brownfields Redevelopment Loans Every loan applicant shall submit to the Agency a pre-application that, at a minimum, includes the following items: a) the reason for the proposed project; b) a description of the proposed project; c) an estimat…

Section 886.215 Applications for Brownfields Redevelopment Loans a) To be considered for a brownfields redevelopment loan, an applicant shall file with the Agency a complete application, in accordance with the requirements of this Section. b) Applicants for brownfields redevelopm…

Section 886.220 Agency Action on Application a) Issuance of brownfields redevelopment loans is subject to availability of funding. b) The Agency shall take action on all pending complete brownfields redevelopment loan applications, at a minimum, at the close of each of two loan a…

Section 886.225 Loan Award Acceptance No more than 30 days after receipt of loan award selection notification by the Agency, the loan recipient shall notify the Agency in writing of its acceptance. If the loan recipient fails to so notify the Agency, the loan award shall be null …

Section 886.230 Loan Agreement a) Upon receipt of written acceptance of a loan award, the Agency shall send to the loan recipient formal loan agreement documents, including: 1) A loan agreement to be signed by the Agency and the loan recipient; 2) A copy of the loan recipient's c…

Section 886.235 Amendments to Loan Agreement a) To implement a project change, the loan recipient first must obtain a formal amendment to the loan agreement. The loan recipient may request an amendment to the loan agreement by submitting an amended loan application to the Agency …

Section 886.240 Cost Criteria a) The Agency shall approve for payment to the loan recipient, under the terms set forth in Section 886.245 of this Part, only costs that have been incurred by the loan recipient and that meet the following criteria: 1) Costs within the scope of the …

Section 886.245 Loan Disbursements a) The Agency shall disburse loan proceeds to loan recipients for eligible costs incurred by the loan recipient, provided those costs are within the scope of the budget submitted pursuant to Section 886.215 of this Part. b) To receive a loan dis…

Section 886.250 Loan Recipient Responsibilities a) The loan recipient shall submit quarterly progress reports to the Agency during the term of the loan. Each progress report should be a short narrative of the activities performed and the dates that they were performed during that…

Section 886.255 Requirements Applicable to Contracting and Subcontracting a) The following conditions and limitations shall apply to all contracts and subcontracts entered into by the loan recipient: 1) The loan recipient must use a freely and openly competitive bidding process i…

Section 886.260 Agency Cost Recovery a) If the Agency undertakes a response action at the site of an approved project, the Agency will not seek recovery of its costs under Section 22.2 or Title XVII of the Act from a loan recipient as an owner or operator if the loan recipient's …

Section 886.300 Agency Action for Noncompliance with Loan Agreements and Procedures a) If the loan recipient fails to make timely payments or otherwise fails to meet its obligations as provided in this Part, the Agency is authorized to pursue the collection of the amounts past du…

Section 886.305 Loan Termination by the Agency a) The Agency, by written notice, may terminate the loan, in whole or in part, for cause. Cause for termination shall include, but shall not be limited to, failure by the loan recipient to comply with the terms and conditions of the …

Section 886.310 Project Termination by the Loan Recipient a) The loan recipient may request the termination of an incomplete project for which a loan has been awarded only for good cause. b) Within 90 days after receipt of the loan recipient's request to terminate a project, the …

Section 886.315 Stop-Work Orders a) The Agency may, for any violation of this Part, issue a written stop-work order requiring the loan recipient to stop all or any part of the project work, effective for a period of not more than 30 days from the date of the order, or for any fur…

Section 886.320 Covenant Against Contingent Fees a) The loan recipient must warrant, as part of the loan agreement, that no person has been employed or retained to solicit or secure a loan under this Part based upon an agreement or understanding for a commission, percentage, brok…

Section 886.325 Recovery of Loan Funds If the Agency determines that any loan funds are being misspent or improperly held by the loan recipient, the Agency or the Office of the Illinois Attorney General shall have the authority to recover those funds and take any action authorize…

Section 886.330 Indemnification The loan recipient, rather than the Agency, shall assume the entire risk, responsibility and liability for any and all loss or damage to property owned by the loan recipient, the Agency, or third persons, and any injury to or death of any persons (…

Section 886.335 Statutory Requirements The loan recipient is solely responsible for assuring compliance with all statutory requirements, including, but not limited to, the Local Government Professional Services Selection Act [50 ILCS 510] and the Construction Contract Indemnifica…

Section 886.340 Waiver of Procedures a) Except as provided in subsection (b) below or otherwise required by law, the Director of the Agency may waive any of the loan procedures or requirements, either in whole or in part, by a written statement to the loan applicant, either as a …

Section 886.400 Access a) The Agency or any authorized representative shall have access to the premises where any portion of the project for which the loan was awarded is being performed, both during normal business hours and at any other time project-related work is being perfor…

Section 886.405 Audit and Records a) The loan recipient shall maintain books, records, documents, reports and other evidentiary material, using accounting procedures and practices that conform to generally accepted accounting principles, as established by the Financial Accounting…

Section 886.410 Single Audit Act The loan recipient shall comply with the provisions of the Single Audit Act of 1996 (31 USC 7501). SUBPART E: INTEREST RATES, LOAN LIMITATIONS, CREDIT WORTHINESS AND FINANCIAL CAPABILITY

Section 886.500 Fixed Loan Rate The fixed loan rate is comprised of an interest rate and a loan support rate. The fixed loan rate charged for a brownfields redevelopment loan shall be a simple annual rate at one-half the market interest rate, but not less than 2.50%.

Section 886.505 Limitations on Loan Amounts a) The maximum loan amount for site investigation activities shall not exceed $120,000 per site. b) The maximum loan amount for any single application submitted pursuant to Section 886.215 (Applications for Brownfields Redevelopment Loa…