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ENVIRONMENTAL SAFETY
(415 ILCS 5/) Environmental Protection Act.

415 ILCS 5/Tit. IV-A

 
    (415 ILCS 5/Tit. IV-A heading)
TITLE IV-A: WATER POLLUTION CONTROL
AND PUBLIC WATER SUPPLIES

415 ILCS 5/19.1

    (415 ILCS 5/19.1) (from Ch. 111 1/2, par. 1019.1)
    Sec. 19.1. Legislative findings. The General Assembly finds:
        (a) that local government units require assistance in
    
financing the construction of water treatment works and projects in order to comply with the State's program of environmental protection and federally mandated requirements;
        (b) that the federal Water Quality Act of 1987
    
provides an important source of grant awards to the State for providing assistance to local government units through the Water Pollution Control Loan Program;
        (c) that local government units and privately owned
    
community water supplies require assistance in financing the construction of their public water supplies to comply with State and federal drinking water laws and regulations;
        (d) that the federal Safe Drinking Water Act
    
("SDWA"), P.L. 93-523, as now or hereafter amended, provides an important source of capitalization grant awards to the State to provide assistance to local government units and privately owned community water supplies through the Public Water Supply Loan Program;
        (e) that violations of State and federal drinking
    
water standards threaten the public interest, safety, and welfare, which demands that the Illinois Environmental Protection Agency expeditiously adopt emergency rules to administer the Public Water Supply Loan Program;
        (f) that the General Assembly agrees with the
    
conclusions and recommendations of the "Report to the Illinois General Assembly on the Issue of Expanding Public Water Supply Loan Eligibility to Privately Owned Community Water Supplies", dated August 1998, including the stated access to the Public Water Supply Loan Program by the privately owned public water supplies so that the long term integrity and viability of the corpus of the Fund will be assured;
        (g) that the American Recovery and Reinvestment Act
    
of 2009 provides a source of capitalization grant awards to the State to provide loans and additional subsidization, including, but not limited to, forgiveness of principal, negative interest loans, and grants, to local government units through the Water Pollution Control Loan Program and to local government units and privately owned community water supplies through the Public Water Supply Loan Program;
        (h) that expanding eligibility to include publicly
    
owned municipal storm water projects eligible for financing as treatment works, as defined under Section 212 of the Federal Water Pollution Control Act, will provide the Agency with the statutory authority to use moneys in the Water Pollution Control Loan Program to provide financial assistance for eligible projects, including those that encourage green infrastructure, that manage and treat storm water, and that maintain and restore natural hydrology by infiltrating, evapotranspiring, and capturing and using storm water;
        (i) that in planning projects for which financing
    
will be sought from the Water Pollution Control Loan Program, municipalities may benefit from efforts to consider a project's lifetime costs; the availability of long-term funding for the construction, operation, maintenance, and replacement of the project; the resilience of the project to the effects of climate change; the project's ability to increase water efficiency; the capacity of the project to restore natural hydrology or to preserve or restore landscape features; the cost-effectiveness of the project; and the overall environmental innovativeness of the project; and
        (j) that projects implementing a management program
    
established under Section 319 of the Federal Water Pollution Control Act may benefit from the creation of a linked deposit program that would make loans available at or below market interest rates through private lenders.
(Source: P.A. 98-782, eff. 7-23-14.)

415 ILCS 5/19.2

    (415 ILCS 5/19.2) (from Ch. 111 1/2, par. 1019.2)
    Sec. 19.2. As used in this Title, unless the context clearly requires otherwise:
    (a) "Agency" means the Illinois Environmental Protection Agency.
    (b) "Fund" means the Water Revolving Fund created pursuant to this Title, consisting of the Water Pollution Control Loan Program, the Public Water Supply Loan Program, and the Loan Support Program.
    (c) "Loan" means a loan made from the Water Pollution Control Loan Program or the Public Water Supply Loan Program to an eligible applicant as a result of a contractual agreement between the Agency and such applicant.
    (d) "Construction" means any one or more of the following which is undertaken for a public purpose: preliminary planning to determine the feasibility of the treatment works or public water supply, engineering, architectural, legal, fiscal or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures or other necessary actions, erection, building, acquisition, alteration, remodeling, improvement or extension of treatment works or public water supplies, or the inspection or supervision of any of the foregoing items. "Construction" also includes implementation of source water quality protection measures and establishment and implementation of wellhead protection programs in accordance with Section 1452(k)(1) of the federal Safe Drinking Water Act.
    (e) "Intended use plan" means a plan which includes a description of the short and long term goals and objectives of the Water Pollution Control Loan Program and the Public Water Supply Loan Program, project categories, discharge requirements, terms of financial assistance and the loan applicants to be served.
    (f) "Treatment works" means treatment works, as defined in Section 212 of the Federal Water Pollution Control Act, including, but not limited to, the following: any devices and systems owned by a local government unit and used in the storage, treatment, recycling, and reclamation of sewerage or industrial wastes of a liquid nature, including intercepting sewers, outfall sewers, sewage collection systems, pumping power and other equipment, and appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply, such as standby treatment units and clear well facilities; any works, including site acquisition of the land that will be an integral part of the treatment process for wastewater facilities; and any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste, including storm water runoff, or industrial waste, including waste in combined storm water and sanitary sewer systems as those terms are defined in the Federal Water Pollution Control Act.
    (g) "Local government unit" means a county, municipality, township, municipal or county sewerage or utility authority, sanitary district, public water district, improvement authority or any other political subdivision whose primary purpose is to construct, operate and maintain wastewater treatment facilities, including storm water treatment systems, or public water supply facilities or both.
    (h) "Privately owned community water supply" means:
        (1) an investor-owned water utility, if under
    
Illinois Commerce Commission regulation and operating as a separate and distinct water utility;
        (2) a not-for-profit water corporation, if operating
    
specifically as a water utility; and
        (3) a mutually owned or cooperatively owned community
    
water system, if operating as a separate water utility.
(Source: P.A. 98-782, eff. 7-23-14.)

415 ILCS 5/19.3

    (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
    (Text of Section before amendment by P.A. 101-143)
    Sec. 19.3. Water Revolving Fund.
    (a) There is hereby created within the State Treasury a Water Revolving Fund, consisting of 3 interest-bearing special programs to be known as the Water Pollution Control Loan Program, the Public Water Supply Loan Program, and the Loan Support Program, which shall be used and administered by the Agency.
    (b) The Water Pollution Control Loan Program shall be used and administered by the Agency to provide assistance for the following purposes:
        (1) to accept and retain funds from grant awards,
    
appropriations, transfers, and payments of interest and principal;
        (2) to make direct loans at or below market interest
    
rates and to provide additional subsidization, including, but not limited to, forgiveness of principal, negative interest rates, and grants, to any eligible local government unit to finance the construction of treatments works, including storm water treatment systems that are treatment works, and projects that fulfill federal State Revolving Fund grant requirements for a green project reserve;
        (2.5) with respect to funds provided under the
    
American Recovery and Reinvestment Act of 2009:
            (A) to make direct loans at or below market
        
interest rates to any eligible local government unit and to provide additional subsidization to any eligible local government unit, including, but not limited to, forgiveness of principal, negative interest rates, and grants;
            (B) to make direct loans at or below market
        
interest rates to any eligible local government unit to buy or refinance debt obligations for treatment works incurred on or after October 1, 2008; and
            (C) to provide additional subsidization,
        
including, but not limited to, forgiveness of principal, negative interest rates, and grants for treatment works incurred on or after October 1, 2008;
        (3) to make direct loans at or below market interest
    
rates and to provide additional subsidization, including, but not limited to, forgiveness of principal, negative interest rates, and grants, to any eligible local government unit to buy or refinance debt obligations for costs incurred after March 7, 1985, for the construction of treatment works, including storm water treatment systems that are treatment works, and projects that fulfill federal State Revolving Fund grant requirements for a green project reserve;
        (3.5) to make loans, including, but not limited to,
    
loans through a linked deposit program, at or below market interest rates for the implementation of a management program established under Section 319 of the Federal Water Pollution Control Act, as amended;
        (4) to guarantee or purchase insurance for local
    
obligations where such action would improve credit market access or reduce interest rates;
        (5) as a source of revenue or security for the
    
payment of principal and interest on revenue or general obligation bonds issued by the State or any political subdivision or instrumentality thereof, if the proceeds of such bonds will be deposited in the Fund;
        (6) to finance the reasonable costs incurred by the
    
Agency in the administration of the Fund;
        (7) to transfer funds to the Public Water Supply Loan
    
Program; and
        (8) notwithstanding any other provision of this
    
subsection (b), to provide, in accordance with rules adopted under this Title, any other financial assistance that may be provided under Section 603 of the Federal Water Pollution Control Act for any other projects or activities eligible for assistance under that Section or federal rules adopted to implement that Section.
    (c) The Loan Support Program shall be used and administered by the Agency for the following purposes:
        (1) to accept and retain funds from grant awards and
    
appropriations;
        (2) to finance the reasonable costs incurred by the
    
Agency in the administration of the Fund, including activities under Title III of this Act, including the administration of the State construction grant program;
        (3) to transfer funds to the Water Pollution Control
    
Loan Program and the Public Water Supply Loan Program;
        (4) to accept and retain a portion of the loan
    
repayments;
        (5) to finance the development of the low interest
    
loan programs for water pollution control and public water supply projects;
        (6) to finance the reasonable costs incurred by the
    
Agency to provide technical assistance for public water supplies; and
        (7) to finance the reasonable costs incurred by the
    
Agency for public water system supervision programs, to administer or provide for technical assistance through source water protection programs, to develop and implement a capacity development strategy, to delineate and assess source water protection areas, and for an operator certification program in accordance with Section 1452 of the federal Safe Drinking Water Act.
    (d) The Public Water Supply Loan Program shall be used and administered by the Agency to provide assistance to local government units and privately owned community water supplies for public water supplies for the following public purposes:
        (1) to accept and retain funds from grant awards,
    
appropriations, transfers, and payments of interest and principal;
        (2) to make direct loans at or below market interest
    
rates and to provide additional subsidization, including, but not limited to, forgiveness of principal, negative interest rates, and grants, to any eligible local government unit or to any eligible privately owned community water supply to finance the construction of water supplies and projects that fulfill federal State Revolving Fund grant requirements for a green project reserve;
        (2.5) with respect to funds provided under the
    
American Recovery and Reinvestment Act of 2009:
            (A) to make direct loans at or below market
        
interest rates to any eligible local government unit or to any eligible privately owned community water supply, and to provide additional subsidization to any eligible local government unit or to any eligible privately owned community water supply, including, but not limited to, forgiveness of principal, negative interest rates, and grants;
            (B) to buy or refinance the debt obligation of a
        
local government unit for costs incurred on or after October 1, 2008; and
            (C) to provide additional subsidization,
        
including, but not limited to, forgiveness of principal, negative interest rates, and grants for a local government unit for costs incurred on or after October 1, 2008;
        (3) to make direct loans at or below market interest
    
rates and to provide additional subsidization, including, but not limited to, forgiveness of principal, negative interest rates, and grants, to any eligible local government unit or to any eligible privately owned community water supply to buy or refinance debt obligations for costs incurred on or after July 17, 1997, for the construction of water supplies and projects that fulfill federal State Revolving Fund requirements for a green project reserve;
        (4) to guarantee local obligations where such action
    
would improve credit market access or reduce interest rates;
        (5) as a source of revenue or security for the
    
payment of principal and interest on revenue or general obligation bonds issued by the State or any political subdivision or instrumentality thereof, if the proceeds of such bonds will be deposited into the Fund;
        (6) to transfer funds to the Water Pollution Control
    
Loan Program; and
        (7) notwithstanding any other provision of this
    
subsection (d), to provide to local government units and privately owned community water supplies any other financial assistance that may be provided under Section 1452 of the federal Safe Drinking Water Act for any expenditures eligible for assistance under that Section or federal rules adopted to implement that Section.
    (e) The Agency is designated as the administering agency of the Fund. The Agency shall submit to the Regional Administrator of the United States Environmental Protection Agency an intended use plan which outlines the proposed use of funds available to the State. The Agency shall take all actions necessary to secure to the State the benefits of the federal Water Pollution Control Act and the federal Safe Drinking Water Act, as now or hereafter amended.
    (f) The Agency shall have the power to enter into intergovernmental agreements with the federal government or the State, or any instrumentality thereof, for purposes of capitalizing the Water Revolving Fund. Moneys on deposit in the Water Revolving Fund may be used for the creation of reserve funds or pledged funds that secure the obligations of repayment of loans made pursuant to this Section. For the purpose of obtaining capital for deposit into the Water Revolving Fund, the Agency may also enter into agreements with financial institutions and other persons for the purpose of selling loans and developing a secondary market for such loans. The Agency shall have the power to create and establish such reserve funds and accounts as may be necessary or desirable to accomplish its purposes under this subsection and to allocate its available moneys into such funds and accounts. Investment earnings on moneys held in the Water Revolving Fund, including any reserve fund or pledged fund, shall be deposited into the Water Revolving Fund.
(Source: P.A. 98-782, eff. 7-23-14; 99-187, eff. 7-29-15; 99-922, eff. 1-17-17.)
 
    (Text of Section after amendment by P.A. 101-143)
    Sec. 19.3. Water Revolving Fund.
    (a) There is hereby created within the State Treasury a Water Revolving Fund, consisting of 3 interest-bearing special programs to be known as the Water Pollution Control Loan Program, the Public Water Supply Loan Program, and the Loan Support Program, which shall be used and administered by the Agency.
    (b) The Water Pollution Control Loan Program shall be used and administered by the Agency to provide assistance for the following purposes:
        (1) to accept and retain funds from grant awards,
    
appropriations, transfers, and payments of interest and principal;
        (2) to make direct loans at or below market interest
    
rates and to provide additional subsidization, including, but not limited to, forgiveness of principal, negative interest rates, and grants, to any eligible local government unit to finance the construction of treatments works, including storm water treatment systems that are treatment works, and projects that fulfill federal State Revolving Fund grant requirements for a green project reserve;
        (2.5) with respect to funds provided under the
    
American Recovery and Reinvestment Act of 2009:
            (A) to make direct loans at or below market
        
interest rates to any eligible local government unit and to provide additional subsidization to any eligible local government unit, including, but not limited to, forgiveness of principal, negative interest rates, and grants;
            (B) to make direct loans at or below market
        
interest rates to any eligible local government unit to buy or refinance debt obligations for treatment works incurred on or after October 1, 2008; and
            (C) to provide additional subsidization,
        
including, but not limited to, forgiveness of principal, negative interest rates, and grants for treatment works incurred on or after October 1, 2008;
        (3) to make direct loans at or below market interest
    
rates and to provide additional subsidization, including, but not limited to, forgiveness of principal, negative interest rates, and grants, to any eligible local government unit to buy or refinance debt obligations for costs incurred after March 7, 1985, for the construction of treatment works, including storm water treatment systems that are treatment works, and projects that fulfill federal State Revolving Fund grant requirements for a green project reserve;
        (3.5) to make loans, including, but not limited to,
    
loans through a linked deposit program, at or below market interest rates for the implementation of a management program established under Section 319 of the Federal Water Pollution Control Act, as amended;
        (4) to guarantee or purchase insurance for local
    
obligations where such action would improve credit market access or reduce interest rates;
        (5) as a source of revenue or security for the
    
payment of principal and interest on revenue or general obligation bonds issued by the State or any political subdivision or instrumentality thereof, if the proceeds of such bonds will be deposited in the Fund;
        (6) to finance the reasonable costs incurred by the
    
Agency in the administration of the Fund;
        (7) to transfer funds to the Public Water Supply Loan
    
Program; and
        (8) notwithstanding any other provision of this
    
subsection (b), to provide, in accordance with rules adopted under this Title, any other financial assistance that may be provided under Section 603 of the Federal Water Pollution Control Act for any other projects or activities eligible for assistance under that Section or federal rules adopted to implement that Section.
    (c) The Loan Support Program shall be used and administered by the Agency for the following purposes:
        (1) to accept and retain funds from grant awards and
    
appropriations;
        (2) to finance the reasonable costs incurred by the
    
Agency in the administration of the Fund, including activities under Title III of this Act, including the administration of the State construction grant program;
        (3) to transfer funds to the Water Pollution Control
    
Loan Program and the Public Water Supply Loan Program;
        (4) to accept and retain a portion of the loan
    
repayments;
        (5) to finance the development of the low interest
    
loan programs for water pollution control and public water supply projects;
        (6) to finance the reasonable costs incurred by the
    
Agency to provide technical assistance for public water supplies; and
        (7) to finance the reasonable costs incurred by the
    
Agency for public water system supervision programs, to administer or provide for technical assistance through source water protection programs, to develop and implement a capacity development strategy, to delineate and assess source water protection areas, and for an operator certification program in accordance with Section 1452 of the federal Safe Drinking Water Act.
    (d) The Public Water Supply Loan Program shall be used and administered by the Agency to provide assistance to local government units and privately owned community water supplies for public water supplies for the following public purposes:
        (1) to accept and retain funds from grant awards,
    
appropriations, transfers, and payments of interest and principal;
        (2) to make direct loans at or below market interest
    
rates and to provide additional subsidization, including, but not limited to, forgiveness of principal, negative interest rates, and grants, to any eligible local government unit or to any eligible privately owned community water supply to finance the construction of water supplies and projects that fulfill federal State Revolving Fund grant requirements for a green project reserve;
        (2.5) with respect to funds provided under the
    
American Recovery and Reinvestment Act of 2009:
            (A) to make direct loans at or below market
        
interest rates to any eligible local government unit or to any eligible privately owned community water supply, and to provide additional subsidization to any eligible local government unit or to any eligible privately owned community water supply, including, but not limited to, forgiveness of principal, negative interest rates, and grants;
            (B) to buy or refinance the debt obligation of a
        
local government unit for costs incurred on or after October 1, 2008; and
            (C) to provide additional subsidization,
        
including, but not limited to, forgiveness of principal, negative interest rates, and grants for a local government unit for costs incurred on or after October 1, 2008;
        (3) to make direct loans at or below market interest
    
rates and to provide additional subsidization, including, but not limited to, forgiveness of principal, negative interest rates, and grants, to any eligible local government unit or to any eligible privately owned community water supply to buy or refinance debt obligations for costs incurred on or after July 17, 1997, for the construction of water supplies and projects that fulfill federal State Revolving Fund requirements for a green project reserve;
        (4) to guarantee local obligations where such action
    
would improve credit market access or reduce interest rates;
        (5) as a source of revenue or security for the
    
payment of principal and interest on revenue or general obligation bonds issued by the State or any political subdivision or instrumentality thereof, if the proceeds of such bonds will be deposited into the Fund;
        (6) to transfer funds to the Water Pollution Control
    
Loan Program; and
        (7) notwithstanding any other provision of this
    
subsection (d), to provide to local government units and privately owned community water supplies any other financial assistance that may be provided under Section 1452 of the federal Safe Drinking Water Act for any expenditures eligible for assistance under that Section or federal rules adopted to implement that Section.
    (e) The Agency is designated as the administering agency of the Fund. The Agency shall submit to the Regional Administrator of the United States Environmental Protection Agency an intended use plan which outlines the proposed use of funds available to the State. The Agency shall take all actions necessary to secure to the State the benefits of the federal Water Pollution Control Act and the federal Safe Drinking Water Act, as now or hereafter amended.
    (f) The Agency shall have the power to enter into intergovernmental agreements with the federal government or the State, or any instrumentality thereof, for purposes of capitalizing the Water Revolving Fund. Moneys on deposit in the Water Revolving Fund may be used for the creation of reserve funds or pledged funds that secure the obligations of repayment of loans made pursuant to this Section. For the purpose of obtaining capital for deposit into the Water Revolving Fund, the Agency may also enter into agreements with financial institutions and other persons for the purpose of selling loans and developing a secondary market for such loans. The Agency shall have the power to create and establish such reserve funds and accounts as may be necessary or desirable to accomplish its purposes under this subsection and to allocate its available moneys into such funds and accounts. Investment earnings on moneys held in the Water Revolving Fund, including any reserve fund or pledged fund, shall be deposited into the Water Revolving Fund.
    (g) Beginning on the effective date of this amendatory Act of the 101st General Assembly, and running for a period of 5 years after that date, the Agency shall prioritize within its annual intended use plan the usage of a portion of the Agency's capitalization grant for federally authorized set-aside activities. The prioritization is for the purpose of supporting disadvantaged communities and utilities throughout Illinois in building their capacity for sustainable and equitable water management. This may include, but is not limited to, assistance for water rate studies, preliminary engineering or other facility planning, training activities, asset management plans, assistance with identification and replacement of lead service lines, and studies of efficiency measures through utility regionalization or other collaborative intergovernmental approaches.
(Source: P.A. 101-143, eff. 1-1-20.)

415 ILCS 5/19.4

    (415 ILCS 5/19.4) (from Ch. 111 1/2, par. 1019.4)
    Sec. 19.4. Regulations; priorities.
    (a) The Agency shall have the authority to promulgate regulations for the administration of this Title, including, but not limited to, rules setting forth procedures and criteria concerning loan applications and the issuance of loans. For loans to units of local government, the regulations shall include, but need not be limited to, the following elements:
        (1) loan application requirements;
        (2) determination of credit worthiness of the loan
    
applicant;
        (3) special loan terms, as necessary, for securing
    
the repayment of the loan;
        (4) assurance of payment;
        (5) interest rates;
        (6) loan support rates;
        (7) impact on user charges;
        (8) eligibility of proposed construction;
        (9) priority of needs;
        (10) special loan terms for disadvantaged communities;
        (11) maximum limits on annual distributions of funds
    
to applicants or groups of applicants;
        (12) penalties for noncompliance with loan
    
requirements and conditions, including stop-work orders, termination, and recovery of loan funds; and
        (13) indemnification of the State of Illinois and the
    
Agency by the loan recipient.
    (b) The Agency shall have the authority to promulgate regulations to set forth procedures and criteria concerning loan applications for loan recipients other than units of local government. In addition to all of the elements required for units of local government under subsection (a), the regulations shall include, but need not be limited to, the following elements:
        (1) types of security required for the loan;
        (2) types of collateral, as necessary, that can be
    
pledged for the loan; and
        (3) staged access to fund privately owned community
    
water supplies.
    (c) Rules adopted under this Title shall also include, but shall not be limited to, criteria for prioritizing the issuance of loans under this Title according to applicant need. Priority in making loans from the Public Water Supply Loan Program must first be given to local government units and privately owned community water supplies that need to make capital improvements to protect human health and to achieve compliance with the State and federal primary drinking water standards adopted pursuant to this Act and the federal Safe Drinking Water Act, as now and hereafter amended. Rules for prioritizing loans from the Water Pollution Control Loan Program may include, but shall not be limited to, criteria designed to encourage green infrastructure, water efficiency, environmentally innovative projects, and nutrient pollution removal.
    (d) The Agency shall have the authority to promulgate regulations to set forth procedures and criteria concerning loan applications for funds provided under the American Recovery and Reinvestment Act of 2009. In addition, due to time constraints in the American Recovery and Reinvestment Act of 2009, the Agency shall adopt emergency rules as necessary to allow the timely administration of funds provided under the American Recovery and Reinvestment Act of 2009. Emergency rules adopted under this subsection (d) shall be adopted in accordance with Section 5-45 of the Illinois Administrative Procedure Act.
    (e) The Agency may adopt rules to create a linked deposit loan program through which loans made pursuant to paragraph (3.5) of subsection (b) of Section 19.3 may be made through private lenders. Rules adopted under this subsection (e) shall include, but shall not be limited to, provisions requiring private lenders, prior to disbursing loan proceeds through the linked deposit loan program, to verify that the loan recipients have been approved by the Agency for financing under paragraph (3.5) of subsection (b) of Section 19.3.
(Source: P.A. 98-782, eff. 7-23-14.)

415 ILCS 5/19.5

    (415 ILCS 5/19.5) (from Ch. 111 1/2, par. 1019.5)
    Sec. 19.5. Loans; repayment.
    (a) The Agency shall have the authority to make loans pursuant to the regulations promulgated under Section 19.4.
    (b) Loans made from the Fund shall provide for:
        (1) a schedule of disbursement of proceeds;
        (2) a fixed rate that includes interest and loan
    
support based upon priority, but the loan support rate shall not exceed one-half of the fixed rate established for each loan;
        (3) a schedule of repayment;
        (4) initiation of principal repayments within one
    
year after the project is operational; and
        (5) a confession of judgment upon default.
    (c) The Agency may amend existing loans to include a loan support rate only if the overall cost to the loan recipient is not increased.
    (d) A local government unit shall secure the payment of its obligations to the Fund by a dedicated source of repayment, including revenues derived from the imposition of rates, fees and charges. Other loan applicants shall secure the payment of their obligations by appropriate security and collateral pursuant to regulations promulgated under Section 19.4.
(Source: P.A. 91-36, eff. 6-15-99; 91-52, eff. 6-30-99; 91-501, eff. 8-13-99; 92-16, eff. 6-28-01.)

415 ILCS 5/19.6

    (415 ILCS 5/19.6) (from Ch. 111 1/2, par. 1019.6)
    Sec. 19.6. Delinquent loan repayment.
    (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 include a statement of the reasons the payment was not timely tendered, the circumstances under which the late payments will be satisfied, and binding commitments to assure future payments. After receipt of this notification, the Agency shall confirm in writing the acceptability of the plan or take action in accordance with subsection (b) of this Section.
    (b) In the event that a loan recipient fails to comply with subsection (a) of this Section, the Agency shall promptly issue a notice of delinquency to the loan recipient, which shall require a written response within 15 days. The notice of delinquency shall require that the loan recipient revise its rates, fees and charges to meet its obligations pursuant to subsection (d) of Section 19.5 or take other specified actions as may be appropriate to remedy the delinquency and to assure future payments.
    (c) In the event that the loan recipient fails to timely or adequately respond to a notice of delinquency, or fails to meet its obligations made pursuant to subsections (a) and (b) of this Section, the Agency shall pursue the collection of the amounts past due, the outstanding loan balance and the costs thereby incurred, either pursuant to the Illinois State Collection Act of 1986 or by any other reasonable means as may be provided by law, including the taking of title by foreclosure or otherwise to any project or other property pledged, mortgaged, encumbered, or otherwise available as security or collateral.
(Source: P.A. 91-36, eff. 6-15-99; 91-52, eff. 6-30-99; 91-501, eff. 8-13-99; 92-16, eff. 6-28-01.)

415 ILCS 5/19.7

    (415 ILCS 5/19.7) (from Ch. 111 1/2, par. 1019.7)
    Sec. 19.7. (Repealed).
(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)

415 ILCS 5/19.8

    (415 ILCS 5/19.8) (from Ch. 111 1/2, par. 1019.8)
    Sec. 19.8. Advisory committees. The Director of the Agency shall appoint committees to advise the Agency concerning the financial structure of the Programs. The committees shall consist of representatives from appropriate State agencies, the financial community, engineering societies and other interested parties. The committees shall meet periodically and members shall be reimbursed for their ordinary and necessary expenses incurred in the performance of their committee duties.
(Source: P.A. 90-121, eff. 7-17-97; 91-36, eff. 6-15-99; 91-52, eff. 6-30-99; 91-501, eff. 8-13-99.)

415 ILCS 5/19.9

    (415 ILCS 5/19.9) (from Ch. 111 1/2, par. 1019.9)
    Sec. 19.9. This Title shall be liberally construed so as to effect its purpose.
(Source: P.A. 91-52, eff. 6-30-99.)

415 ILCS 5/19.10

    (415 ILCS 5/19.10)
    Sec. 19.10. Re-enactment of Title IV-A; findings; purpose; validation.
    (a) The General Assembly finds and declares that:
        (1) Title IV-A (consisting of Sections 19.1 through
    
19.9) was first added to the Environmental Protection Act by Article III of Public Act 85-1135, effective September 1, 1988. In its original form, Title IV-A created the Water Pollution Control Revolving Fund and authorized the Illinois Environmental Protection Agency to establish a program for providing units of local government with low-cost loans to be used to construct wastewater treatment works. The loans are paid from the Revolving Fund, which consists primarily of a combination of federal grant money, State matching money, and money that has been repaid on past loans.
        (2) In 1995, Title IV-A was amended by Public Act
    
89-27, effective January 1, 1997, which created the Loan Support Program and made other changes. The Loan Support Program provides financing for certain administrative costs of the Agency. It specifically includes the costs of developing a loan program for public water supply projects.
        (3) Title IV-A was amended by Public Act 90-121,
    
effective July 17, 1997, which changed the name of the Water Pollution Control Revolving Fund to the Water Revolving Fund and created the Public Water Supply Loan Program. Under this program, the Agency is authorized to make low-interest loans to units of local government for the construction of public water supply facilities.
        (4) Title IV-A has also been amended by Public Act
    
86-671, effective September 1, 1989; P.A. 86-820, effective September 7, 1989; and P.A. 90-372, effective July 1, 1998.
        (5) Article III, Section 6, of Public Act 85-1135
    
amended the Build Illinois Bond Act. Among other changes to that Act, P.A. 85-1135 authorized the deposit of up to $70,000,000 into the Water Pollution Control Revolving Fund to be used for the Title IV-A loan program.
        (6) Article III of Public Act 85-1135 also added
    
Section 5.237 to the State Finance Act. This Section added the Water Pollution Control Revolving Fund to the list of special funds in the State Treasury. The Section was renumbered as Section 5.238 by a revisory bill, Public Act 85-1440, effective February 1, 1989. Although the name of the Fund was changed by Public Act 90-121, that Act did not make the corresponding change in Section 5.238.
        (7) Over the 10 years that it has administered Title
    
IV-A programs, the Agency has entered into loan agreements with hundreds of units of local government and provided hundreds of millions of dollars of financial assistance for water pollution control projects. There are currently many active Title IV-A loans in the disbursement phase and many more that are in the process of being repaid. The Agency continues to receive many new applications each year.
        (8) Public Act 85-1135, which created Title IV-A,
    
also contained provisions relating to tax reform and State bonds.
        (9) On August 26, 1998, the Cook County Circuit Court
    
entered an order in the case of Oak Park Arms Associates v. Whitley (No. 92 L 51045), in which it found that Public Act 85-1135 violates the single subject clause of the Illinois Constitution (Article IV, Section 8(d)). As of the time this amendatory Act of 1999 was prepared, the order declaring P.A. 85-1135 invalid has been vacated but the case is subject to appeal.
        (10) The projects funded under Title IV-A affect the
    
vital areas of wastewater and sewage disposal and drinking water supply and are important for the continued health, safety, and welfare of the people of this State.
    (b) It is the purpose of this amendatory Act of 1999 (Public Act 91-52) to prevent or minimize any disruption to the programs administered under Title IV-A that may result from challenges to the constitutional validity of Public Act 85-1135.
    (c) This amendatory Act of 1999 (P.A. 91-52) re-enacts Title IV-A of the Environmental Protection Act as it has been amended. This re-enactment is intended to ensure the continuation of the programs administered under that Title and, if necessary, to recreate them. The material in Sections 19.1 through 19.9 is shown as existing text (i.e., without underscoring) because, as of the time this amendatory Act of 1999 was prepared, the order declaring P.A. 85-1135 invalid has been vacated. Section 19.7 has been omitted because it was repealed by Public Act 90-372, effective July 1, 1998.
    Section 4.1 is added to the Build Illinois Bond Act to re-authorize the deposit of funds into the Water Pollution Control Revolving Fund.
    Section 5.238 of the State Finance Act is both re-enacted and amended to reflect the current name of the Water Revolving Fund.
    (d) The re-enactment of Title IV-A of the Environmental Protection Act by this amendatory Act of 1999 (P.A. 91-52) is intended to remove any question as to the validity or content of Title IV-A; it is not intended to supersede any other Public Act that amends the text of a Section as set forth in this amendatory Act. This re-enactment is not intended, and shall not be construed, to imply that Public Act 85-1135 is invalid or to limit or impair any legal argument concerning (1) whether the Agency has express or implied authority to administer loan programs in the absence of Title IV-A, or (2) whether the provisions of Title IV-A were substantially re-enacted by P.A. 89-27 or 90-121.
    (e) All otherwise lawful actions taken before June 30, 1999 (the effective date of P.A. 91-52) by any employee, officer, agency, or unit of State or local government or by any other person or entity, acting in reliance on or pursuant to Title IV-A of the Environmental Protection Act, as set forth in Public Act 85-1135 or as subsequently amended, are hereby validated.
    (f) All otherwise lawful obligations arising out of loan agreements entered into before June 30, 1999 (the effective date of P.A. 91-52) by the State or by any employee, officer, agency, or unit of State or local government, acting in reliance on or pursuant to Title IV-A of the Environmental Protection Act, as set forth in Public Act 85-1135 or as subsequently amended, are hereby validated and affirmed.
    (g) All otherwise lawful deposits into the Water Pollution Control Revolving Fund made before June 30, 1999 (the effective date of P.A. 91-52) in accordance with Section 4 of the Build Illinois Bond Act, as set forth in Public Act 85-1135 or as subsequently amended, and the use of those deposits for the purposes of Title IV-A of the Environmental Protection Act, are hereby validated.
    (h) This amendatory Act of 1999 (P.A. 91-52) applies, without limitation, to actions pending on or after the effective date of this amendatory Act.
(Source: P.A. 91-52, eff. 6-30-99; 92-574, eff. 6-26-02.)