Section 217.40 Definitions
Except as stated in this Section, or unless a different
meaning of a word or term is clear from the context, the definition of words or
terms in this Part shall be the same as that applied to the same words or terms
in the Department of Agriculture Law of the Civil Administrative Code of
Illinois [20 ILCS 205]. For the purposes of this Part, the terms included in
this Section shall have the following meanings:
"Act" means Section
205-450 of the Department of Agriculture Law of the Civil Administrative Code
[20 ILCS 205/205-450].
"Agribusiness" means any
sole proprietorship, limited partnership, co-partnership, joint venture,
corporation, or cooperative that operates or will operate a facility or
agricultural process located within the State of Illinois that is related to
the processing of agricultural commodities (including, but not limited to, the
products of aquaculture, hydroponics, and silviculture) or the manufacturing,
production, or construction of agricultural buildings, structures, equipment,
implements, and supplies, or any other facilities or processes used in
agricultural production. "Agribusiness" includes but is not limited
to the following:
grain handling
and processing, including grain storage, drying, treatment, conditioning,
milling, and packaging;
seed and feed
grain development and processing;
fruit and
vegetable processing, including preparation, canning, and packaging;
processing of
livestock and livestock products, dairy products, poultry and poultry products,
fish or apiarian products, including slaughter, shearing, collecting,
preparation, canning, and packaging;
fertilizer and
agricultural chemical manufacturing, processing, application and supplying;
farm machinery,
equipment, and implement manufacturing and supplying;
manufacturing and
supplying of agricultural commodity processing machinery and equipment,
including machinery and equipment used in slaughter, treatment, handling,
collecting, preparation, canning, or packaging of agricultural commodities;
farm building and
farm structure manufacturing, construction, and supplying;
construction,
manufacturing, implementation, supplying, or servicing of irrigation, drainage,
and soil and water conservation devices or equipment;
fuel processing
and development facilities that produce fuel from agricultural commodities or
by-products;
facilities and
equipment for processing and packaging agricultural commodities specifically
for export;
facilities and
equipment for forestry product processing and supplying, including sawmilling
operations, wood chip operations, timber harvesting operations, and
manufacturing of prefabricated buildings, paper, furniture, or other goods from
forestry products; and
facilities and
equipment for research and development of products, processes, and equipment
for the production, processing, preparation, or packaging of agricultural
commodities and by-products.
"Anhydrous Ammonia Facility"
means any sole proprietorship, limited partnership, co-partnership, joint
venture, corporation, or cooperative that owns, operates or manages an
enterprise located within the State of Illinois that is related to the
processing or use of anhydrous ammonia.
"Applicant" means a
person submitting an application for program funds appropriated under the Act.
"Application" means a
written request for program funds containing the required information and
attachments.
"Department" means the
Illinois Department of Agriculture.
"Director" means the
Director of the Illinois Department of Agriculture.
"Eligible Project" means
a project that is eligible or approved for funding as defined in Sections
217.70 and 217.100 of this Part.
"Fiscal Year" means July
1 of one year through June 30 of the following year, the fiscal year of the
State of Illinois.
"Grant" means an
Anhydrous Ammonia Security Grant authorized by the Act and this Part. The
grant will be paid as a reimbursement for expenditures made pursuant to a grant
agreement
"Grant Agreement" means
a written document executed between the grantee and the Department setting
forth the terms and conditions of the grant.
"Grant Amount" means an
amount that will be paid to a grantee as the State's portion of the project
costs (see Section 217.100).
"Grant Cycle" means the
two grant application periods during each fiscal year.
"Grantee" means an Illinois person or agribusiness that has been awarded a grant in accordance with the Act
and this Part.
"Implements of Husbandry"
means a farm wagon-type tank vehicle of not over 3000 gallons capacity, used as
a nurse tank supplying the anhydrous ammonia to a field applicator, and moved
on highways only for transporting anhydrous ammonia from a local source of
supply to farms or fields or from one farm or field to another.
"Nurse Tank" means a mobile
vessel designed and constructed for the storage and handling of anhydrous
ammonia for legal purposes and that is refilled from permanent foundation
storage tanks.
"Person" means, unless
limited to an individual by the context in which it is used, a person,
corporation, association, trust, partnership, limited partnership, joint
venture or cooperative.
"Project" means the
activity or program of activities described by the applicant in the application
and approved by the Department.
"Representative" means a
person designated by the applicant/grantee who is authorized to sign grant
applications, grant agreements, grant reports and other documents of the
grantee.
"Review Committee" means
the committee appointed by the Director to review and evaluate grant
applications and make recommendations to the Director for the award of grants.
"State" means the State
of Illinois.
"Storage Tank" means a
large volume, stationary tank used for holding anhydrous ammonia.
"Total Project Cost"
means all necessary and reasonable costs related to the completion of the
project as identified in the budget of the grant agreement.
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TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER e: FERTILIZERS
PART 217
ANHYDROUS AMMONIA SECURITY GRANT PROGRAM
SECTION 217.50 APPLICATION REQUIREMENTS
Section 217.50 Application Requirements
a) All
communications relating to the application procedures defined in this Subpart
shall be sent to the Illinois Department of Agriculture, Division of
Agricultural Industry Regulation, Bureau of Agricultural Products Inspection,
State Fairgrounds, P. O. Box 19281, Springfield, Illinois 62794-9281.
b) An
application shall be typed or computer generated using the approved format
provided by the Department. The application will include identifying
information about the applicant, project name and cost estimates, funding
request, a description of matching funds and in-kind contributions, and related
information.
c) An
application shall contain one original and seven copies.
d) An
applicant must complete and sign an application before it is submitted to the Department.
The application must include information and documents that the applicant
believes will support the grant request. Is shall also include any other
information the Department may request on a case-by-case basis that will enable
the application to be evaluated based on the criteria described in Section
217.120 of this Part.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER e: FERTILIZERS
PART 217
ANHYDROUS AMMONIA SECURITY GRANT PROGRAM
SECTION 217.60 APPLICATION PROCEDURES
Section 217.60 Application Procedures
a) The
Department may require the applicant to submit other information reasonably
related to a determination of applicant or project eligibility or project
feasibility.
b) The
Department may request the applicant or representative to present an oral
presentation to the Review Committee of the project. That presentation must be
made by the project applicant.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER e: FERTILIZERS
PART 217
ANHYDROUS AMMONIA SECURITY GRANT PROGRAM
SECTION 217.70 ELIGIBILITY
Section 217.70 Eligibility
Any person or agribusiness that owns, operates or manages an
anhydrous ammonia facility in Illinois that sells and distributes anhydrous
ammonia for agricultural purposes in Illinois is eligible to receive a grant.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER e: FERTILIZERS
PART 217
ANHYDROUS AMMONIA SECURITY GRANT PROGRAM
SECTION 217.75 PILOT PROGRAM
Section 217.75 Pilot Program
For at least FY07, the Department will conduct the Anhydrous
Ammonia Security Grant as a pilot program in limited geographic area described
in Section 217.80. After that period, the program will be expanded as funding
allows.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER e: FERTILIZERS
PART 217
ANHYDROUS AMMONIA SECURITY GRANT PROGRAM
SECTION 217.80 FUND AVAILABILITY AND SUBMISSION DEADLINES
Section 217.80 Fund Availability and Submission
Deadlines
a) Upon
request, the Department will supply applicants with an application package.
b) Applications
for funding under the Act will be made available on a schedule determined by
the Department to coincide with two standard anhydrous ammonia application
seasons, one in the first quarter and one in the third quarter. For FY07, a
pilot program will be conducted in the following 21 counties: Adams, Brown,
Calhoun, Cass, Christian, Fulton, Greene, Hancock, Henderson, Jersey, Macoupin,
Mason, McDonough, Menard, Montgomery, Morgan, Pike, Sangamon, Schuyler, Scott, Warren.
c) If
funding allows, the pilot program will be expanded beyond the 21 counties.
d) Public
notice of the availability of funding and the application due dates will be
published in the State newspaper and on the Department's website. If an
application is received but deemed by the Department to be incomplete, it will
be returned to the applicant with a statement of inadequacies. A corrected and
complete application must be received by the announced deadline. Return of an
incomplete application does not change the need to meet the required submission
deadline. Applications received after that deadline will be held for the next
renewal cycle.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER e: FERTILIZERS
PART 217
ANHYDROUS AMMONIA SECURITY GRANT PROGRAM
SECTION 217.90 COMPUTATION OF TIME
Section 217.90 Computation of Time
Computation of any period of time prescribed by this Part
shall begin with the first business day following the day on which the act,
event or development initiating that period of time occurs, and shall continue
until the end of the last day, or the end of the next business day if the last
day is a Saturday, Sunday or federal or State holiday. When the period of time
is 5 days or less, Saturday, Sunday and federal or State holidays shall be
excluded in the computation of time. Computation of time shall be determined
by the postmark date or the date of hand delivery.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER e: FERTILIZERS
PART 217
ANHYDROUS AMMONIA SECURITY GRANT PROGRAM
SECTION 217.100 REVIEW OF GRANT APPLICATIONS
Section 217.100 Review of Grant Applications
a) Those
applications that are deemed complete by the application submission deadline by
the Department will be sent to a Review Committee for the review of the grant
applications.
b) The
Review Committee shall meet and review and evaluate the applications in
accordance with the criteria listed in this Section, as applicable:
1) The
project has a reasonable assurance of enhancing the safety and security of
anhydrous ammonia tanks and storage facilities in Illinois.
2) The
applicant demonstrates a personal commitment by providing a 33% applicant, 67%
State contribution to the project.
3) An adequate
and realistic budget has been projected.
4) The
application provides a brief history of the anhydrous ammonia facility and
description of problems with anhydrous ammonia theft at the facility and
previous attempts to stop the theft.
5) Favorable
community support for the project, including support from local law enforcement
officials, exists.
6) The
application meets the eligibility requirements and the project costs are
eligible under the Act.
7) The
applicant has established a need for the grant.
8) Geographic
location of project. For FY07, the program will be limited to projects located
in the counties specified in Section 217.80. After that period, an expanded
geographic area will be served, based on available funding.
9) The
proposal demonstrates that the applicant will install or utilize more than one
type of safety or security device or measure that will result in providing multiple
layers of security for ammonia storage tanks or nurse tanks at the facility.
c) If an
applicant has received a grant in previous grant cycles and the Department
experienced any problems with the applicant's handling of the grant, the Review
Committee may evaluate an application based upon the applicant's previous grant
performance in the areas of:
1) Accountability;
2) Timeliness;
and
3) Effectiveness.
d) After
the Review Committee has completed evaluating each application, the Review
Committee will submit its recommendations for awarding the grants to the
Director. The Director will determine whether an eligible applicant is awarded
a grant, as outlined in Section 217.110.
e) The
Review Committee may also recommend to the Director that conditions be placed
on certain grants, as deemed necessary by the Review Committee.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER e: FERTILIZERS
PART 217
ANHYDROUS AMMONIA SECURITY GRANT PROGRAM
SECTION 217.110 AWARD OF GRANTS
Section 217.110 Award of Grants
a) The
Director may accept or reject the Review Committee's recommendations. The
Director may impose additional or lesser requirements for the grant as deemed
necessary and may change the amount of the grant recommended by the Review
Committee. The Director has final decision-making authority on the awarding of
grants. The Director's decision on the granting of funds is a final decision
of the Department subject to the Administrative Review Law [735 ILCS 5/Art. III].
b) If
the Review Committee recommends to award a grant less than the amount
requested, and the Director concurs, the Department shall confer with the
applicant to determine whether a reduction in the grant request will preclude
the applicant from performing the project's stated or modified scope of work.
The Director will consider the applicant's response in deciding whether to
award a grant for that project.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER e: FERTILIZERS
PART 217
ANHYDROUS AMMONIA SECURITY GRANT PROGRAM
SECTION 217.120 GRANT AGREEMENT
Section 217.120 Grant Agreement
a) When
a grant has been awarded, the grantee and the Department shall execute an
agreement. The grant will be subject to the requirements of the Illinois Grant
Funds Recovery Act [30 ILCS 705]. The project shall not be initiated and costs
shall not be incurred prior to a grant agreement being executed.
b) The
agreement shall meet at least the following requirements:
1) Be
signed by the Department and the representative of the grantee;
2) Specify
that payment will be made on a reimbursable basis, what constitutes permissible
expenditures of the grant funds, and the financial controls applicable to the
grant;
3) Contain
a provision that all funds remaining at the end of the grant agreement or the
expiration of the period of time grant funds are available for expenditures or
obligation by the grantee shall be returned to the Department within 45 days;
4) Contain
a recitation of legal authority pursuant to which the agreement is made;
5) Identify
the project scope and schedule and the work or services to be performed or
conducted by the grantee;
6) Identify
the grant amount;
7) Specify
the conditions, timing, and manner in which the Department shall pay the grant
amount, subject to annual appropriation by the General Assembly;
8) Include
the following irrevocable covenants by the grantee:
A) to
pay the grantee's portion of the total project cost (see Section 217.130);
B) not
to assign or transfer, during the tenure of the grant agreement, any of the
rights, duties or obligations of the grantee, without the written consent of
the Department;
C) that
the grantee shall expend the grant amount only for the purposes of the project
as stated in the grant agreement and approved by the Department;
D) that
the grantee shall refrain from entering into any written or oral agreement or
understanding with any party that might be construed as an obligation of the
State of Illinois or the Department for the payment of any funds under the Act;
9) specify
the starting and termination dates of the agreement; and
10) specify
the dates for submitting progress reports and other requirements.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER e: FERTILIZERS
PART 217
ANHYDROUS AMMONIA SECURITY GRANT PROGRAM
SECTION 217.130 GRANTEE CONTRIBUTION
Section 217.130 Grantee Contribution
The grantee must provide 33% of the total project cost. The
grantee's contribution shall:
a) be identified
as intended expenditures in the grant application;
b) not be funds from other
Department or State funded grant programs; and
c) be necessary and
irrevocably obligated to the project.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER e: FERTILIZERS
PART 217
ANHYDROUS AMMONIA SECURITY GRANT PROGRAM
SECTION 217.140 MAINTENANCE OF RECORDS AND AUDIT
Section 217.140 Maintenance of Records and Audit
a) The
grantee must keep records of all activities undertaken in connection with
implementation of the grant proposal. The books, records, documents, and
accounting procedures and practices of the grantee related to the grant are
subject to review by the Department. The grantee must give the Department
designee access during normal business hours to all business records related to
the project.
b) All
financial documents, books, receipts, orders, expenditures, electronic data and
accounting procedures and practices of the grantee are subject to examination
by or for the Department at any time for 3 years following the completion of
the grant.
c) The
grantee shall not assess any costs of complying with this Section against the
Department.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER e: FERTILIZERS
PART 217
ANHYDROUS AMMONIA SECURITY GRANT PROGRAM
SECTION 217.150 INSPECTION
Section 217.150 Inspection
During the term of a grant, the Department may inspect the
operation of the business and any of the grant projects. The grantee shall not
assess any costs generated by this Section against the Department.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER e: FERTILIZERS
PART 217
ANHYDROUS AMMONIA SECURITY GRANT PROGRAM
SECTION 217.160 DEFAULT OR TERMINATION OF GRANT AGREEMENT
Section 217.160 Default or Termination of Grant
Agreement
a) If
the grantee violates any of the terms of the grant agreement, the Department
shall send a written notice to the grantee that the grantee is in default. The
grantee will be given the opportunity to correct the violations. If the
grantee has not implemented a corrective action plan within 15 calendar days
after receipt of the notification, the Director may do one or more of the
following:
1) Cease
additional grant payments not yet made to the grantee;
2) Terminate
the grant agreement;
3) Institute
recovery of the grant funds under the Illinois Grant Funds Recovery Act [30
ILCS 705];
4) Take
any other action considered appropriate to protect the Department's interest in
the project.
b) A
grant may be terminated by the Department under, but termination is not limited
to, any of the following circumstances:
1) failure
to comply with the terms and conditions of the grant agreement;
2) repeated
failure to submit required reports;
3) misapplication
of grant funds;
4) failure
to provide the equity contribution required by Section 217.130;
5) evidence
of fraud and abuse;
6) failure
to maintain required records;
7) repeated
failure to meet performance timelines or standards; and
8) failure
to develop and implement a corrective action plan within 15 calendar days after
the Department's notice.
c) The
Department may terminate the grant, in whole or in part, when the Department
determines that the continuation of the project would not produce beneficial
results commensurate with the continued expenditures of funds.
d) The
Department may terminate the grant, in whole or in part, if the Illinois
General Assembly or federal funding source fails to make an appropriation
sufficient to pay the obligation or to allow the Department to operate as
required to fulfill its obligations under the grant, funds are not allocated,
or the funds needed by the Department are insufficient for any reason.
e) The
recipient may refuse or elect not to complete the grant agreement and terminate
the grant. The recipient shall notify the Department of any plans to terminate
the grant in advance of the termination, but no later than 10 days after the
date upon which performance ceases. The Department shall declare due and
payable the total amount of the grant and will cease grant payments for any
reimbursement for which the expenditure was made after the date of termination.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER e: FERTILIZERS
PART 217
ANHYDROUS AMMONIA SECURITY GRANT PROGRAM
SECTION 217.170 ADMINISTRATIVE STANDARDS FOR GRANT RECIPIENTS
Section 217.170 Administrative Standards for Grant
Recipients
a) The grant shall have a
period of completion as stated in the grant agreement.
b) Grant
funds must be expended or obligated within the period of the grant agreement
and in accordance with the Illinois Grant Funds Recovery Act [30 ILCS 705].
c) Payments
to the recipient pursuant to a grant are subject to the initiation of an
invoice voucher and receipt of an expenditure summary or documentation of
expenses.
d) If
the grant recipient expends funds contrary to the provisions of the grant
agreement, that action shall require the repayment of those funds.
e) Grantee
must submit a quarterly report, as specified in the grant agreement, on the
financial status of the project and provide narrative reports on the activities
and achievement results based on the objectives of the project.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER e: FERTILIZERS
PART 217
ANHYDROUS AMMONIA SECURITY GRANT PROGRAM
SECTION 217.180 PREVAILING WAGE
Section 217.180 Prevailing Wage
Grants awarded under this Part may be subject to the
Prevailing Wage Act [820 ILCS 130].
SUBPART B: REVIEW COMMITTEE
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER e: FERTILIZERS
PART 217
ANHYDROUS AMMONIA SECURITY GRANT PROGRAM
SECTION 217.190 REVIEW COMMITTEE
Section 217.190 Review Committee
a) The
Review Committee shall review and evaluate all grant applications based upon
the criteria specified in this Part and make recommendations to the Director
for the award of grants.
b) The
Review Committee shall consist of the Director, or his or her designee or various
employees of the Department selected by the Director. The Director or his or
her designee shall be the Chairman of the Committee.
c) The
Review Committee shall not have any oral or written communication with
applicants other than that outlined by Section 217.60(b) after the grant has
been accepted for review.
d) Department
employees will be appointed by the Director to provide staff assistance to the
Review Committee.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER e: FERTILIZERS
PART 217
ANHYDROUS AMMONIA SECURITY GRANT PROGRAM
SECTION 217.200 CONFLICT OF INTEREST
Section 217.200 Conflict of Interest
No member of the Review Committee may participate in, or
vote on, a decision of the Review Committee relating to an organization or
entity in which that individual has a direct financial interest.
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