Section 365.340  Waiver of Procedures

a)         Except as provided in subsection (b) or otherwise required by law, the Director may waive any of the loan procedures, either in whole or in part, by a written statement to the loan recipient, either as a special condition of the loan or otherwise, provided the Director finds that the procedure or requirement to be waived is not necessary to insure the integrity of the project, will not reduce a recipient's ability to repay the loan to the Agency or will not, in general, weaken the financial position of the WPCLP.  The waiver may be subject to such additional conditions the Director deems necessary.

b)         The following procedures will not be waived:

1)         Section 365.410 (Project Priority Determination) of this Part

2)         Section 365.440 (Fixed Loan Rate) of this Part

3)         Section 365.520 (Loan Applicant's Responsibilities During Facilities Planning) of this Part

4)         Section 365.530 (State Environmental Review) of this Part

5)         Section 365.540 (Limitations on Awards for Individual Systems) of this Part

6)         Section 365.560 (Areawide Waste Treatment Management Planning) of this Part

7)         Section 365.620(d)(3) (Wage Provisions) of this Part

8)         Section 365.620(d)(4) (Disadvantaged Business Enterprise Requirements) of this Part

9)         Section 365.620(d)(5) (Debarment and Suspension Certification) of this Part

10)         Section 365.630(a)(1)  (Disadvantaged Business Enterprise Requirements) of this Part

11)         Section 365.630(a)(4) (Debarment and Suspension Certification) of this Part

12)         Section 365.750 (Operation and Maintenance of the Project) of this Part

13)         Section 365.910 (Sewer Use Ordinance) of this Part

14)         Section 365.920 (User Charges) of this Part

15)         Section 365.940 (Dedicated Source of Revenue) of this Part

c)        Notwithstanding subsection (b)(14), Section 365.920(b)(1) of this Part can be waived for loans issued between October 1, 1994 and October 1, 2006.

d)        Notwithstanding subsections (b)(6), (b)(12), (b)(13) and (b)(14), Sections 365.560, 365.750, 365.910 and 365.920 of this Part can be waived for projects that fulfill federal State Revolving Fund grant requirements for the green project reserve.

(Source:  Amended at 34 Ill. Reg. 17582, effective November 8, 2010)