Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 1740 - BROWNFIELDS SITE RESTORATION PROGRAM
Section 1740.50 - Application

Universal Citation: 35 IL Admin Code ยง 1740.50

Current through Register Vol. 48, No. 38, September 20, 2024

a) Procedures

1) Prior to submitting to DCEO an application to determine eligibility, applicants must first submit their proposed remediation costs to the Agency. The Agency shall make a pre-application assessment, which is non-binding on the Department or upon future review of the projects, relating only to whether the Agency expects to have adequate funding to reimburse the applicant for the remediation costs if the applicant is found to be eligible for reimbursement of remediation costs. If the Agency determines it is likely to have adequate funding to reimburse the applicant for remediation costs, the applicant may then submit an application for review of eligibility to DCEO. Because IEPA has the ultimate responsibility to approve the reimbursement payment, the determination of available funding is the sole responsibility of the Agency.

2) Upon request, the Department shall supply interested potential applicants with application guidelines and instructions that describe the program rules, required information, and attachments. Applications will be accepted at any time during the year. Receipt of an application does not commit the Department to award certification.

3) Formal applications for consideration will be required and shall be submitted on the standard application form provided by the Department. Applications shall be submitted to the Department office location identified on the application. The applicant shall provide information that includes but is not limited to:
A) Applicant Information - name, address, and telephone number; key contact person and title; applicant FEIN number, North American Industry Classification System (NAICS), if available; and authorized signatures;

B) Project Summary - a detailed description of the project;

C) Site Map - an outline of the general location of the project on a site map, including the location of any flood plain areas, wetland areas, and enterprise zones;

D) Economic Benefit of Remediation Expenditures - site evaluation expenses and site remediation expenses;

E) Economic Benefit of Individuals Employed or to be Employed - a detailed description of the number of new, retained or construction employees to be hired and the occupation and payroll of the full-time jobs to be created or retained as a result of the project, and a schedule of anticipated starting dates of the new hires with information on the employment duration and the average annual salary or wages of the new, retained or construction employees;

F) Economic Benefit of Private Capital Investments - the investment the applicant will make in capital improvements, and the designated location in Illinois for the investment. This shall include a description (or specifications or lists) of the planned capital improvements demonstrating the investment is qualified; documentation to substantiate the value of the investment (value of capital improvements as provided by appraisers, vendors, contractors and/or architects and engineers), and a schedule regarding when the eligible investment will be placed in service; and

G) Economic Benefit of Public Capital Improvements - a detailed description of total project cost, items of expense and investment, including, but not limited to, equipment, buildings, or land; infrastructure development; debt service, except refinancing of current debt; research and development; job training and education; lease costs; or relocation costs.

4) Within 60 days from the date an application is determined to be complete, the Department shall notify the applicant that the application has been approved or rejected. If the application is rejected, the notification shall state the reasons for that determination. Resubmitted applications will be approved or denied in writing within 30 days after receipt. In the event of a complaint by the applicant, the Department will follow the procedures outlined in 56 Ill. Adm. Code 2605 (Administrative Hearing Rules).

b) Form of Application

1) All communications relating to the application procedures defined in Section 1740.60 shall be sent to the Department at:

Illinois Department of Commerce and Economic Opportunity

Re: Brownfields Site Restoration Program

100 West Randolph

Suite 3-400

Chicago IL 60601

2) An application shall be typed or computer generated using the current approved format provided by the Department.

3) An application shall contain one original and 3 copies.

4) An application shall include the information and supporting documents that will enable the application to be evaluated based on the criteria described in Section 1740.60 of this Part.

5) Each application, including supporting documents and attachments, shall be contained under a single cover.

6) The applicant shall remit a $1,000 non-refundable application fee to the Department at the time of the submission of the application. The application fee shall be remitted in the form of a check or money order and shall be made payable to the Department of Commerce and Economic Opportunity for deposit into the Workforce Technology and Economic Development Fund.

Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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