Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM
Subpart A - INTRODUCTION
Section 365.120 - Clean Water Act Requirements
Universal Citation: 35 IL Admin Code ยง 365.120
Current through Register Vol. 48, No. 38, September 20, 2024
a) The Water Pollution Control Loan Program is administered by the Agency in accordance with the Clean Water Act and the Illinois Environmental Protection Act.
b) The Capitalization Grant Agreement between the Agency and USEPA contains or incorporates by reference the following:
1) the Operating Agreement
between USEPA and the Agency that contains the organization, administrative
framework, and procedures of the WPCLP that are not expected to change
annually;
2) the Agency's Intended
Use Plan;
3) an agreed upon payment
schedule between USEPA and the Agency;
4) the Green Project Reserve
requirements;
5) the Agency's State
environmental review process; and
6) the Agency's agreement to the following:
A) to accept grant payments in accordance
with a negotiated payment schedule;
B) to deposit into the State Water Revolving
Fund an amount equaling at least 20% of each grant payment;
C) to make binding commitments in an amount
equal to 120% of each quarterly federal grant payment within one year after the
receipt of each quarterly grant payment;
D) to expend all funds in an expeditious and
timely manner;
E) to first use
funds equaling the amount of the grant, all repayments of principal and
payments of interest on the initial loans from the grant, and the State match
to assure maintenance of progress, as determined by the Governor, toward
compliance with enforceable deadlines, goals and requirements of the CWA,
including the municipal compliance deadline;
F) treatment works that will be constructed
in whole or in part with assistance from the State Water Revolving Fund will
meet the requirements of
33 USC
1371(c)(1) and
1372;
G) to commit or expend each quarterly grant
payment in accordance with State laws and procedures regarding the commitment
or expenditure of revenue;
H) to
use accounting, audit, and fiscal procedures conforming to generally accepted
government accounting standards;
I)
to require recipients under WPCLP to maintain projects and accounts in
accordance with generally accepted government accounting standards, including
standards relating to the reporting of infrastructure assets;
J) to make annual reports to the USEPA on the
actual use of funds;
K) to
establish, maintain, invest and credit the State Water Revolving Fund with
repayments so that the fund balance will be available in perpetuity for
activities under the CWA;
L) to use
fees charged by the Agency to the recipients of assistance that are considered
as program income for the purpose of financing of the cost of administering the
WPCLP or financing projects or activities eligible for assistance under this
Part;
M) to an annual audit of the
WPCLP in accordance with the auditing procedures of the General Accounting
Office ( 31 USC 75);
N) to require
public loan recipients to study the cost and effectiveness of the process,
materials, techniques, and technologies for carrying out the proposed project
or activity and to select, to the maximum extent practicable, a project or
activity that maximizes the potential for efficient water use, reuse, recapture
and conservation, and energy conservation; and
O) to require that contracts carried out with
funds directly made available under this Part for program management,
construction management, feasibility studies, preliminary engineering, design,
engineering, surveying, mapping, or architectural related services are
negotiated in the same manner as a contract for architectural and engineering
services are negotiated under
40 USC
1101.
c) Intended Use Plan
1) After public review and comment, the
Agency must annually prepare an Intended Use Plan and submit that plan to
USEPA.
2) The Intended Use Plan
must include:
A) the uses of the State Water
Revolving Fund under the WPCLP and describe how these uses support the goals of
the WPCLP;
B) a listing and
description of projects on the Project Priority List to be provided financial
assistance and the terms of the financial assistance;
C) the short and long term goals and
objectives of the WPCLP;
D)
information on the types of activities including eligible categories of costs
to receive assistance, types of assistance to be provided, and the WPCLP
policies on setting the terms for various types of assistance provided by the
State Water Revolving Fund under this Part;
E) the criteria and the method for
distribution of the State Water Revolving Fund funds under this Part;
and
F) assurances and specific
proposals on the manner by which the Agency intends to comply with
40 CFR
35.3135(c), (d), (e) and
(f), and
35.3140.
d) Loan projects must be consistent with any plans developed under Sections 205(j), 208, 303(e), and 319 of the CWA.
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