TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 885
MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM
SECTION 885.105 DEFINITIONS
Section 885.105 Definitions
Unless specified otherwise, all terms shall have the
meanings set forth in the Illinois Environmental Protection Act. Additionally,
for purposes of this Part, the following definitions apply:
"Act" means the Illinois
Environmental Protection Act [415 ILCS 5].
"Agency" means the
Illinois Environmental Protection Agency.
"Applicant" means a
municipality that applies for a municipal brownfields redevelopment grant.
"Municipal brownfields redevelopment
grant" means a grant issued pursuant to Section 58.13 of the Act and
Subpart B of this Part.
"Brownfields site" or
"brownfields" means a parcel of real property, or a portion of the
parcel, that has actual or perceived contamination and an active potential for
redevelopment. (Section 58.2 of the Act)
"Grant agreement" means
the written grant agreement documents and amendments thereto signed by both the
Agency and a grantee in which the terms and conditions governing the grant are
stated and agreed to by both parties.
"Grantee" means a
municipality that has been awarded a grant for brownfields redevelopment under
Section 58.13 of the Act.
"Municipality" means an
incorporated city, village, or town in this State. Municipality does not mean a
township, town when that term is used as the equivalent of a township,
incorporated town that has superseded a civil township, county, or school
district, park district, sanitary district, or similar governmental district.
(Section 58.2 of the Act)
"River Edge Redevelopment Zone"
means an area of the State created by the Department of Commerce and Economic
Opportunity as a River Edge Redevelopment Zone pursuant to the River Edge
Redevelopment Zone Act [65 ILCS 115].
"State" means the State
of Illinois.
(Source: Amended at 31 Ill.
Reg. 5774, effective March 30, 2007)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 885
MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM
SECTION 885.110 SEVERABILITY
Section 885.110 Severability
If any Section, subsection,
sentence or clause of this Part shall be adjudged unconstitutional, void,
invalid, or otherwise unlawful, such adjudication shall not affect the validity
of this Part as a whole, or any Section, subsection, sentence, or clause thereof
not adjudged unconstitutional, void, invalid, or otherwise unlawful.
SUBPART B: MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANTS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 885
MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM
SECTION 885.200 SCOPE AND AVAILABILITY OF GRANTS
Section 885.200 Scope and Availability of Grants
a) Subject
to the availability of funding and the limitations and requirements set forth
in this Part, grant assistance is available to municipalities for coordination
of activities related to brownfields redevelopment, including identification
of brownfields sites, site investigation and determination of remediation
objectives and related plans and reports, and development of remedial action
plans, and implementation of remedial action plans and remedial action
completion reports. (Section 58.13(a)(1) of the Act) The plans and reports
shall be developed in accordance with Title XVII of the Act.
b) Grants
shall be awarded on a competitive basis subject to availability of funding.
(Section 58.13(a)(2) of the Act)
c) Grant
amounts shall not exceed 70% of the eligible project amount, with the remainder
to be provided by the municipality as local matching funds. (Section
58.13(a)(5) of the Act)
d) A
municipality, if determined to be in noncompliance, pursuant to Section
885.300, with any requirement of this Part for a previously-awarded grant, is
not eligible to receive an additional grant until compliance is achieved.
(Source: Amended at 27 Ill.
Reg. 14604, effective August 28, 2003)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 885
MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM
SECTION 885.201 LIMITATIONS ON GRANT AMOUNTS
Section 885.201 Limitations on Grant Amounts
a) Except
for grants to municipalities with designated River Edge Redevelopment Zones,
grants shall be limited to a maximum of $240,000 and no municipality shall
receive more than this amount under this Part (Section 58.13(a)(4) of the
Act). The following applies to municipalities other than municipalities with
designated River Edge Redevelopment Zones:
1) Except
as provided in subsection (a)(2) of this Section, the total amount of grant
funds awarded to a municipality under this Part shall not exceed $120,000.
2) A
grantee may request grant funds in excess of the limit set forth in subsection
(a)(1) of this Section only after demonstrating the following:
A) The
grantee is current on all reporting requirements set forth in Section 885.245
of this Part;
B) The
grantee is current with the grant project work plan schedule; and
C) The
Agency has approved payment of at least $96,000 in grant funds for
grant-eligible work, or the grantee has received Agency approval of a remedial
action plan under 35 Ill. Adm. Code 740.
b) For
grants to municipalities with designated River Edge Redevelopment Zones, grants
shall be limited to a maximum of $2,000,000 and no municipality shall receive
more than this amount under this Part (Section 58.13(a)(4) of the
Act). The following applies to municipalities with designated River Edge
Redevelopment Zones:
1) Except
as provided in subsection (b)(2) of this Section, the total amount awarded to a
municipality under this Part shall not exceed $1,000,000.
2) A
grantee may request grant funds in excess of the limit set forth in subsection
(b)(1) of this Section only after demonstrating the following:
A) The
grantee is current on all reporting requirements set forth in Section 885.245
of this Part;
B) The
grantee is current with the grant project work plan schedule; and
C) The
Agency has approved payment of at least $800,000 in grant funds for
grant-eligible work, or the grantee has received Agency approval of a remedial
action plan under 35 Ill. Adm. Code 740.
3) Grant
funds in excess of $240,000 must be used for grant projects located within the
River Edge Redevelopment Zone.
(Source: Amended at 31 Ill.
Reg. 5774, effective March 30, 2007)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 885
MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM
SECTION 885.205 GRANT ASSISTANCE CRITERIA
Section 885.205 Grant Assistance Criteria
a) Criteria
for awarding grants shall include, but shall not be limited to, the following:
1) Problem
statement and needs assessment;
2) Community-based
planning and involvement;
3) Implementation
planning;
4) Long-term
benefits and sustainability (Section 58.13(a)(2) of the Act); and
5) Whether the applicant
has previously received a grant under this Program.
b) In
awarding grants, the Agency may give weight to geographic location to
enhance geographic distribution of grants across this State (Section
58.13(a)(3) of the Act).
(Source: Amended at 27 Ill.
Reg. 14604, effective August 28, 2003)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 885
MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM
SECTION 885.210 APPLICATIONS FOR MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANTS
Section 885.210 Applications for Municipal Brownfields
Redevelopment Grants
a) A
municipality may apply for grant funds only if the following conditions are
met:
1) The
municipality commits in writing to enroll, or has enrolled, the brownfields
site in the Site Remediation Program;
2) A
Phase I or II environmental audit has been or will be completed for the
brownfields site and has been or will be submitted to the Site Remediation
Program for review and approval;
3) The
municipality provides a cost estimate for the cleanup, prepared by a
professional engineer, for the brownfields site for which grant funds are to be
expended and commits to work toward acquiring a No Further Remediation letter;
and
4) If
the costs to complete corrective action and to acquire a No Further Remediation
letter exceed the maximum amount available to the municipality under this grant
program, the municipality has reasonably demonstrated that there is sufficient
capital available to cover such costs.
b) To be
considered for a municipal brownfields redevelopment grant, an applicant must
file with the Agency a complete application, in accordance with the
requirements of this Section and relevant statutes.
c) Applicants
for municipal brownfields redevelopment grants must use grant application forms
furnished by the Agency, or a similar format. Grant applications, including
budget forms, may be obtained from and must be submitted to:
Illinois Environmental
Protection Agency
Bureau of Land
Office of
Brownfields Assistance
1021 North Grand Avenue East
Springfield, Illinois
62794-9276
d) A complete municipal brownfields
redevelopment grant application must include:
1) Background
information on the applying municipality and proposed project, including:
A) The
negative effects on the local community of the brownfields site and the
positive effects on the local community of funding and implementation of the
proposed project;
B) The
local government involvement and planned additional involvement in the proposed
project;
C) If the
brownfields site is located in an enterprise zone, as defined at Section 3(b)
of the Illinois Enterprise Zone Act [20 ILCS 655/3(b)], a map that identifies
the designated enterprise zone and the specific brownfields site location;
D) The
anticipated long-term benefits of the project and the means by which the
municipality will sustain the benefits;
E) How
the success of the project will be measured;
F) A
commitment by the grantee that the site for which the grant is sought will be
entered into the Site Remediation Program with the grantee as the Remediation Applicant,
to the extent that activities funded by the grant are not statutorily excluded
under the Site Remediation Program;
G) If the property is not
municipally owned, the following:
i) An
explanation as to why grant funds are requested for privately held property and
the anticipated benefit to the municipality of expending grant funds at
privately held property;
ii) Identification
of the owner of the property; and
iii) Tenant
information, including but not limited to tenant name, type of lease/rental and
type of business; and
H) If a
designated River Edge Redevelopment Zone is located within the municipality, a
copy of the River Edge Redevelopment Zone Certificate and all amendments to the
certificate issued for the River Edge Redevelopment Zone pursuant to the River
Edge Redevelopment Zone Act.
2) The
project plan, including:
A) A
description of all components and phases of the proposed project;
B) A
description of planned or proposed tasks to be performed by parties involved;
C) A
schedule of the work plan by tasks, including specific activities and events;
D) A
detailed explanation of all anticipated expenses covered by the grant and a
discussion of costs not covered by the grant, but anticipated to achieve the
stated long-term project goals and measures;
E) Letter(s)
of agreement or other documentation showing the applicant is authorized, by law
or consent, to act on behalf of or in lieu of the owner or operator of the
site;
F) Letter(s)
of agreement or other documentation from the contractor or subcontractors
involved in or responsible for components or phases of the proposed project;
G) Map(s)
indicating location(s) of the proposed project, areas affected by the proposed
project and, if relevant to the project, enterprise zone;
H) A designation of the
total acreage of the project site;
I) Location of the project
site by latitude and longitude;
J) A
description of the planned use for the project site following the completion of
remediation activities and the issuance of a No Further Remediation Letter
under 35 Ill. Adm. Code 740; and
K) If
funding for performance of a remedial action is being requested, a copy of the
remedial action plan approval letter issued by the Agency under 35 Ill. Adm.
Code 740.
3) Information
on project team members, including:
A) The
name of the project manager and a description of his or her previous management
experience and other pertinent experience and capabilities;
B) The
names of other project team members and a description of their job titles, work
assignments and experience;
C) Documentation
showing resource commitment by the grantee adequate for the project manager to
successfully organize, administer, and complete the project specified in the
proposal, such as:
i) Evidence
of the relevant experience of all project team members; and
ii) Proposed
allocation of resources, both capital and labor, to the project;
D) The
name, telephone number, fax number, and e-mail address, if any, of the project
team member designated to serve as liaison with the Agency.
4) Information
on any environmental consultant to be employed by the applicant, including:
A) The
previous project management experience and other pertinent experience and
capabilities of the environmental consultant;
B) The
names of key environmental consultant personnel and a description of their job
titles, work assignments and experience;
C) A
detailed description of the tasks the consultant is to perform in the proposed
project;
D) Evidence
of relevant experience of all environmental consultant personnel involved in
the project;
E) Statement
that work will be performed as outlined in the work plan approved as part of
the application, including adherence to the supplied work schedule;
F) A
copy of the consultant's current normal and customary billing rates; and
G) Evidence
of relevant experience for all subcontractors to be used and a copy of each subcontractor's
signed formal bid.
5) The
grant amount requested and a budget, on a form prescribed by the Agency, or in
a similar format, outlining the expenses to be incurred. All amounts must be
rounded to the nearest dollar and all percentages must be carried to one
decimal place. The budget must include costs of:
A) Personnel
services;
B) Equipment;
C) All
other direct costs; and
D) Contractor
and subcontractors.
6) Any additional
information required by the Agency.
(Source: Amended at 31 Ill.
Reg. 5774, effective March 30, 2007)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 885
MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM
SECTION 885.215 AGENCY ACTION ON APPLICATION
Section 885.215 Agency Action on Application
a) Issuance
of municipal brownfields redevelopment grants
is subject to availability of funding.
b) The
Agency shall take action on all pending complete municipal brownfields redevelopment grant applications at the
close of each of two grant application periods per year, the first ending
January 1 and the second ending July 1, except as provided in subsection (c) of
this Section.
c) The
Agency may award and fund any grant prior to the end of a grant application
period provided that the grant applicant demonstrates that:
1) The brownfields
redevelopment project for which the grant is sought is specific to one or more
sites;
2) Remediation of the project site or sites is necessary to assure
protection of human health and the environment; and
3) Failure to fund the grant prior to the end of the grant
application period would substantially impair implementation of the project.
d) If an
applicant submits an incomplete application, the Agency shall so notify the
applicant in writing, identifying the information that is lacking.
e) The
Agency shall, no more than 90 days after the close of each grant application
period, or in accordance with subsection (c) of this Section, in writing,
notify each applicant with a pending application:
1) If
funding is available for municipal brownfields
redevelopment grants, of that applicant's selection or rejection for a grant
award; or
2) If
funding is not available, of the unavailability of grant assistance.
f) Municipalities
cannot obtain grant assistance by default due to failure by the Agency to act
within the time frames set forth in this Section.
(Source: Amended at 31 Ill.
Reg. 5774, effective March 30, 2007)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 885
MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM
SECTION 885.220 GRANT AWARD ACCEPTANCE
Section 885.220 Grant Award
Acceptance
No more than 30 days after
receipt of grant award selection notification, the grantee shall notify the
Agency in writing of its acceptance. If the grantee fails to so notify the
Agency, the grant award shall be null and void.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 885
MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM
SECTION 885.225 GRANT AGREEMENT
Section 885.225 Grant Agreement
a) The Agency shall send to the grantee, at the time the Agency notifies each applicant of the
applicant’s selection, formal grant agreement documents, including a grant
agreement to be signed by the Agency and the grantee.
b) The
Agency shall not sign a grant agreement until the grantee has corrected any
errors identified by the Agency in the grant application.
c) The
grant takes effect on the date that the Agency receives
the signed grant agreement from the applicant.
d) Once
signed by both the Agency and the grantee, the grant agreement, comprisingthe
written grant agreement documents and any amendments thereto, shall govern the
grant.
e) The
Agency shall keep the original grant agreement documents and provide a copy to
the grantee.
f) The
grant agreement may be amended in accordance with Section 885.230 of this Part.
(Source: Amended at 27 Ill.
Reg. 14604, effective August 28, 2003)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 885
MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM
SECTION 885.230 AMENDMENTS TO GRANT AGREEMENT
Section 885.230 Amendments to Grant Agreement
a) The
grantee must obtain an amendment to the grant agreement for the following
project changes:
1) An
increase in the total amount of grant funds awarded under this Part;
2) The
addition or deletion of one or more project sites; or
3) The
extension of any contractual or grant completion date for the project.
b) The
grant agreement may be amended only by the mutual consent of the parties set
forth in writing as a formal grant agreement amendment, signed and dated by the
Agency and the grantee. The grantee may request an amendment at any point
during the grant term. Requests for amendments must be submitted on forms
prescribed by the Agency and must include all reports due under Section 885.245(a)
of this Part that have not been submitted. Grant amendments at the request of
the grantee will be considered by the Agency only if the grantee is current on
all reporting requirements set forth in Section 885.245(a) of this Part.
c) Project
changes other than those identified in subsection (a) of this Section must be
approved by the Agency pursuant to Section 885.232 of this Part.
d) No
more than 90 days after receipt of a request for an amendment to the grant
agreement the Agency shall notify the grantee in writing of its approval or
rejection of the requested amendment.
e) The
Agency shall not approve any amendment to the grant agreement in violation of
the limitations on grants set forth in Sections 885.200 and 885.201 of this Part.
f) The
Agency shall approve an amendment to the grant agreement, to the extent that
the Agency may approve the amendment consistent with Sections 885.200 and 885.201 of this Part, if the grantee makes a
showing that:
1) The
original project cost approval was based on estimated costs or contractor bids,
where the actual costs or contractor bids are over or under the estimated
costs;
2) Amendments
to State statutes have affected or will affect the project costs;
3) A
project element was inadvertently omitted; or
4) A project element was added pursuant to
requirements of the Site Remediation Program.
g) If
the Agency approves a requested amendment to the grant agreement, the Agency
shall sign the amendment and the amendment shall become a part of the grant
agreement. The amendment becomes effective on the date it is signed by the
Agency.
h) A
grantee cannot obtain an amendment to the grant agreement by default due to the
Agency's failure to act within the time frames set forth in this Section.
(Source: Amended at 31 Ill.
Reg. 5774, effective March 30, 2007)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 885
MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM
SECTION 885.232 PROJECT CHANGE APPROVALS
Section 885.232 Project Change Approvals
a) Project
changes other than those identified in Section 885.230(a) of this Part must be
approved by the Agency in writing (e.g., personnel changes, reallocation of
budgeted amounts). The grantee may request approval of a project change at any
point during the grant term. Requests for project change approvals must be
submitted on forms prescribed by the Agency and must include all reports due
under Section 885.245(a) of this Part that have not been submitted. Requests
will be considered by the Agency only if the grantee is current on all
reporting requirements set forth in Section 885.245(a) of this Part. This
Section cannot be used to approve project changes identified in Section
885.230(a) of this Part.
b) No
more than 90 days after receiving a request for approval of a project change,
the Agency shall notify the grantee in writing of its approval or rejection of
the request.
c) The
Agency shall not approve a project change in violation of the limitations on
grants set forth in Sections 885.200 and 885.201 of this Part.
d) The
Agency shall approve a project change, to the extent that the Agency may
approve the project change consistent with Sections 885.200 and 885.201 of this
Part, if the grantee makes a showing that:
1) The
original project cost approval was based on estimated costs or contractor bids,
where the actual costs or contractor bids are over or under the estimated
costs;
2) Amendments
to State statutes have affected or will affect the project costs;
3) A
project element was inadvertently omitted;
4) An
approved project element has been found unnecessary; or
5) A
project element was added pursuant to requirements of the Site Remediation
Program.
e) The
Agency shall notify the grantee in writing of its approval or rejection of the
requested project change. A project change approval becomes effective on the
date the Agency issues its written notification of approval.
f) A
grantee cannot obtain approval of a project change by default due to the Agency's
failure to act within the time frames set forth in this Section.
(Source: Added at 31 Ill.
Reg. 5774, effective March 30, 2007)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 885
MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM
SECTION 885.235 COST CRITERIA
Section 885.235 Cost
Criteria
a) The Agency shall approve for reimbursement to the grantee,
under the terms set forth in Section 885.240 of this Part, only costs contained
in the quarterly reports and meeting the following criteria:
1) Costs within the scope of the redevelopment project for which
the grant was awarded;
2) Costs that are reasonable and necessary, including, but not
limited to:
A) Site Remediation Program enrollment costs and Agency oversight
costs of participating in the Site Remediation Program of Title XVII of the Act
and No Further Remediation letter assessment fees;
B) Environmental consultant oversight services;
C) Remedial investigation and design;
D) Development and implementation of activities necessary to
establish remediation objectives;
E) Laboratory services necessary to determine site
characterization and to establish cleanup objectives;
F) Installation and operation of groundwater investigation and
groundwater monitoring wells;
G) Development and implementation of a soil sampling plan;
H) Development of a groundwater corrective action system;
I) Development of a soil corrective action plan;
J) Costs associated with seeking reimbursement from the municipal
brownfields redevelopment grant program, including, but not limited to,
completion of documentation for partial or final payment;
K) Purchase costs for non-expendable materials, supplies,
equipment or tools purchased and used for the brownfields project;
L) Development and implementation of corrective action plans;
M) If
asbestos that poses a threat to human health or the environment is detected
outside a structure, costs associated with identifying the source of the
asbestos and remediating the asbestos until it no longer poses a threat to
human health or the environment;
N) For
grants to municipalities with a designated River Edge Redevelopment Zone, costs
associated with demolition within the River Edge Redevelopment Zone; and
O) For grants
to municipalities with a designated River Edge Redevelopment Zone, costs
associated with an asbestos study, survey, or abatement conducted within or
associated with a structure or dwelling located within the River Edge
Redevelopment Zone, including sample collection and analysis;
3) Costs in amounts up to, but not exceeding, the total amount of
the grant award;
4) Costs incurred on or after the date the grant agreement is
executed;
5) Costs incurred without knowing violation of any State or
federal law or regulation; and
6) Costs incurred under a contract or subcontract in conformance
with Section 885.255 of this Part.
b) The Agency shall not approve for reimbursement any costs that
are not necessary for completion of the work required under the grant
agreement, including but not limited to:
1) Costs or losses resulting from business interruption at the
specific site;
2) Costs associated with improperly installed sampling or
monitoring wells;
3) Costs associated with improperly collected, transported or
analyzed laboratory samples;
4) Interest or finance costs charged as direct costs;
5) Insurance costs charged as direct costs;
6) Costs associated with an asbestos study, survey, or abatement
conducted within or associated with a structure or dwelling, including sample
collection and analysis, except as provided in subsection (a)(2)(O) of this
Section;
7) Costs associated with a lead paint study or survey conducted
within or associated with a structure or dwelling, including sample collection
and analysis;
8) Costs associated with demolition, except as provided in
subsection (a)(2)(N) of this Section;
9) Costs outside the scope of the Agency-approved project;
10) Costs incurred prior to the execution of the grant agreement;
11) Costs of geotechnical sampling and study;
12) Costs associated with resampling, when it has been determined
that such resampling is necessary due to failure by the consultant to follow
standard procedures or advice or direction from the Site Remediation Program;
and
13) Costs for expediting of lab analysis of samples, unless
approved in advance by the Agency.
(Source: Amended at 31 Ill.
Reg. 5774, effective March 30, 2007)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 885
MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM
SECTION 885.240 GRANT PAYMENT
Section 885.240 Grant Payment
a) The
Agency shall use reimbursements to the grantee as the method of payment of
grant funds.
b) To
obtain reimbursement from the municipal
brownfields redevelopment grant program, the grantee shall submit a request for
reimbursement in writing to the Agency on forms
provided by the Agency with documentation, including the activities
performed, the timeframe in which the activities were
performed and a breakdown of the costs incurred, to demonstrate that the
grantee has incurred the costs for which reimbursement is sought.
c) Grant
funds must be expended no more than three years after the effective date of the
grant award, except:
1) For grantees who were issued a grant on or before
January 1, 2002, in which case grant funds in excess of $120,000 must be
expended no more than three years after the effective date of the grant
amendment; and
2) For grantees whom the Agency determines would thereby
be prohibited from successfully accomplishing the project goals set forth in
the Agency- approved grant agreement, in which case grant funds must be
expended by a date set by the Agency. The Agency determination must be based
on the following written documentation from the grantee:
A) An explanation as to why the grant-approved
activities cannot be completed within the authorized timeframe;
B) A statement as to the steps taken to correct any
problems or deficiencies contributing to the inability to complete the project
within the grant agreement timeframe;
C) An estimate of the additional time necessary to
complete the project; and
D) A description of the impact on the community if
the grant timeframe is not extended.
d) The
grantee may submit an initial request for reimbursement at any time after the
costs for which reimbursement is sought have been incurred. Subsequent requests
for reimbursement must be spaced at least 90 days apart, except that the
grantee may submit a final reimbursement request no more than 90 days after either
the most recent prior request or completion of approved grant activities.
e) The
Agency shall use the criteria set forth in Section 885.235 of this Part in
determining whether to approve reimbursement to the grantee of costs included
in each request for reimbursement.
f) If
grant funds are available, the Agency shall send a voucher for payment of an
approved reimbursement request to the Comptroller's office no more than 90 days
after receipt of the request.
g) If
grant funds are unavailable, the Agency shall so notify the grantee, no more
than 90 days after receipt of a request for reimbursement, and shall send
vouchers for payment of approved reimbursement requests to the Comptroller's office
when funds become available.
(Source: Amended at 27 Ill.
Reg. 14604, effective August 28, 2003)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 885
MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM
SECTION 885.245 GRANTEE RESPONSIBILITIES
Section 885.245 Grantee Responsibilities
a) The
grantee must submit quarterly progress reports to the Agency, using forms provided by the
Agency, during the term of the grant. Each progress report should be a
short narrative of the activities performed and the dates they were performed
during that quarter. The quarterly progress report
must also include, but not be limited to, the following:
1) Date the site was enrolled in the Site
Remediation Program and a copy of the enrollment application;
2) Any change in ownership or intended use of the
Brownfields site;
3) Any land use changes within the quarter; and
4) Any deviations from the grant application work
plan schedule.
b) The
grantee must submit a detailed final report to the Agency at the end of the
grant term. In the final report, the grantee must, at
a minimum, describe how the tasks described in the project plan
submitted by the grantee have been fulfilled and
provide a completed Match Funding Certification, on a form provided by the
Agency, certifying that the required, local match has been met, in accordance
with Section 885.200(c) of this Part.
c) If
the grantee fails to timely submit quarterly progress reports or a final
report, the Agency may impose any of the sanctions set forth in Subpart C of
this Part.
d) If a
designated River Edge Redevelopment Zone is located within the municipality,
within 10 days after the amendment or decertification of a River Edge
Redevelopment Zone pursuant to the River Edge Redevelopment Zone Act the
grantee must notify the Agency of the amendment or decertification and provide
the Agency with a copy of the amendment or decertification documents.
(Source: Amended at 31 Ill.
Reg. 5774, effective March 30, 2007)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 885
MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM
SECTION 885.250 EVALUATION OF PERFORMANCE
Section 885.250 Evaluation of Performance
The Agency shall oversee each grantee's performance under
the municipal brownfields redevelopment grant program in the following manner:
a) The
Agency shall evaluate grantee performance and progress toward completing the
approved project plan.
b) If
the Agency's evaluation reveals that the grantee is not in compliance with one
or more of the terms, conditions or limitations of the grant agreement, the
Agency shall attempt to resolve the situation through negotiation. The Agency
and the grantee shall put any settlement reached in writing as a formal
amendment to the grant agreement in accordance with Section 885.230 of this
Part.
c) If
resolution is not achieved, the Agency may impose any of the sanctions set
forth in Subpart C of this Part.
(Source: Amended at 27 Ill.
Reg. 14604, effective August 28, 2003)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 885
MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM
SECTION 885.255 REQUIREMENTS APPLICABLE TO CONTRACTING AND SUBCONTRACTING
Section 885.255 Requirements Applicable to Contracting
and Subcontracting
a) The
following conditions and limitations shall apply to all contracts and
subcontracts entered into by the grantee:
1) The
grantee must use a freely and openly competitive bidding process in contracting
and must require the same of any contractor in subcontracting;
2) Only
fair and reasonable profits may be earned by contractors and subcontractors in
contracts and subcontracts under Agency grants. Factors to be considered in
determining a fair and reasonable profit shall include project-related:
material acquisition costs; labor costs; management costs; contract risks;
capital investments; degree of independent development; and cost control and
record keeping efforts. The determination of a fair and reasonable profit shall
not be based upon the application of a predetermined percentage factor;
3) The
grantee, rather than the Agency, is responsible for the administration and
successful accomplishment of the project for which the Agency grant is awarded.
The grantee, rather than the Agency, is responsible for the settlement and
satisfaction of all contractual and administrative issues arising out of
contracts and subcontracts entered into under the grant. This responsibility
includes, but is not limited to, issuance of invitations for bids or requests
for proposals, selection of contractors, award of contracts, protest of award,
claims, disputes and other procurement matters;
4) Any
contract or subcontract must include a provision allowing project-related
access, in accordance with Section 885.400 of this Part;
5) Any
contract or subcontract must provide that the Agency or any authorized
representative shall have access to any books, documents, papers, and records, including
computer-generated documents, of the contractor or subcontractor that are
pertinent to the project, for the purpose of making an audit, examination,
excerpts, and transcriptions thereof; and
6) Neither
the Agency nor the State shall be a party to any contract or subcontract,
solicitation, or request for proposals.
b) No
contract or subcontract shall be awarded to any person or organization that
does not:
1) Have
adequate financial resources, experience, organization, technical
qualification, and facilities for performance of the subagreement, or a firm
commitment or arrangement to obtain such;
2) Have
staffing sufficient to comply with the completion schedule for the project;
3) Have
a demonstrated record of integrity, good judgment, and performance, including
any prior performance under grants or contracts with the federal or any state
government;
4) Have
an established financial management system and audit procedure;
5) Maintain
a property management system that provides procedures for the acquisition,
maintenance, safeguarding and disposition of all project-related property;
6) Conform
to the civil rights law, equal employment opportunity law, and labor law
requirements, as well as all other statutes of the State; and
7) Use good faith efforts to recruit, develop and
extend employment and contracting opportunities to women, minorities and
persons with disabilities for activities performed pursuant to the grant.
c) Nothing in this Part shall be deemed to modify or
negate any requirement of the Business
Enterprise for Minorities, Females and Persons with Disabilities Act.
(Source: Amended at 27 Ill.
Reg. 14604, effective August 28, 2003)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 885
MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM
SECTION 885.260 AGENCY COST RECOVERY
Section 885.260 Agency Cost Recovery
a) If
the Agency undertakes a response action at the site of an approved project, the
Agency will not seek recovery of its costs under Section 22.2 or Title XVII of
the Act from a grantee as an owner or operator if the grantee's status as an
owner or operator is based solely on the grantee's:
1) Execution of a grant agreement; or
2) Implementation of an approved project.
b) The
exclusion provided under subsection (a) shall not apply to any grantee who has
caused or contributed to the release or threatened release of a hazardous
substance or pesticide from the facility, and such grantee shall be subject to
the provisions of the Act in the same manner and to the same extent, both
procedurally and substantively, as any nongovernmental entity, including
liability under Sections 22.2(f) and 58.9 of the Act. (Section
22.2(h)(2)(H) of the Act)
(Source: Amended at 27 Ill.
Reg. 14604, effective August 28, 2003)
SUBPART C: NONCOMPLIANCE WITH GRANT CONDITIONS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 885
MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM
SECTION 885.300 AGENCY ACTION FOR NONCOMPLIANCE WITH GRANT CONDITIONS
Section 885.300 Agency Action for Noncompliance with
Grant Conditions
a) In
addition to such other remedies as may be provided by law, in the event of
noncompliance with any condition imposed pursuant to a municipal brownfields
redevelopment grant or other violation of this Part, the Agency may:
1) Revoke
the grant and recover all grant funds disbursed;
2) Take no action on reimbursement requests;
3) Terminate the grant;
4) Suspend all project work; or
5) Take such other action as the Agency is
authorized to take.
b) Noncompliance
includes, but is not limited to:
1) Failure to submit a quarterly report or a final
report;
2) Failure to deliver or act upon any grant
commitment, such as a commitment to enter into the Site Remediation Program as
the Remediation Applicant;
3) Failure to provide local matching funds, as
required under Section 885.200(c);
4) Failure to limit use of the brownfields site to
uses consistent with the end use designated in the grant application; or
5) Failure to remediate the brownfields site
consistent with the end use designated in the grant application, such as
failure to remediate a site with a residential end use to residential cleanup
levels.
c) No action shall be taken under this
Section without prior oral or written consultation with the grantee.
d) In determining whether to take action and
which action to take under this Section, the Agency shall consider factors
including, but not limited to:
1) The severity of the violation(s);
2) The number of violations by the grantee;
3) Whether the violation is a continuing one;
4) Whether the grantee can remedy the violation; and
5) Whether the grantee and any contractor or
subcontractor remain capable of complying with the approved work project.
e) Recovery actions under this Section shall
be taken pursuant to the Illinois Grant Funds Recovery Act [30 ILCS 705].
(Source: Amended at 31 Ill.
Reg. 5774, effective March 30, 2007)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 885
MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM
SECTION 885.305 PROJECT TERMINATION BY GRANTEE
Section 885.305 Project Termination by Grantee
a) The
grantee may request the termination of an incomplete project for which a grant
has been awarded only for good cause.
b) The
Agency shall review the grantee's request to terminate a project and make a
finding, no more than 90 days after the date of receipt of the request to
terminate, as to good cause. Good cause shall include, but not be limited to:
1) A
change in grant program requirements or priorities;
2) Lack
of adequate public or private funding for the completion of the project; or
3) Advancements
in technology.
c) If
the Agency finds that the grantee's request to terminate the project is for
good cause, it shall terminate the grant, effective upon the date the request
to terminate the project was received by the Agency. The grantee may keep all
grant funds previously paid.
d) If
the Agency finds that the grantee's request to terminate the project is without
good cause, the grant shall be revoked and the grantee shall return to the State
all grant funds previously paid. The grantee shall return such funds no more
than 30 days after the date the grant is revoked by sending a certified check
to the Brownfields Redevelopment Fund.
e) A
grantee cannot obtain approval of a request to terminate a project for good
cause by default due to the Agency's failure to act within the time frames set
forth in this Section.
(Source: Amended at 31 Ill.
Reg. 5774, effective March 30, 2007)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 885
MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM
SECTION 885.310 STOP-WORK ORDERS
Section 885.310 Stop-Work
Orders
a) The Agency may, for any violation of this Part, issue a
written stop-work order, requiring the grantee to stop all or any part of the
project work, effective for a period of not more than 30 days from the date of
the order, or for any further period to which the parties may agree in
writing. The Agency shall include in any stop-work order a list of the project
activities to which the order applies.
b) Upon receipt of a stop-work order, the grantee must comply
with its terms and stop the incurrence of costs allocable to the work covered
by the order during the period of work stoppage.
c) No more than 30 days after the date of the stop-work order, or
within any extension of that period to which the parties agree in writing, the
Agency shall:
1) Upon resolution of the violation leading to the stop-work
order, cancel the stop-work order; or
2) Terminate the portion of the grant covered by the stop-work
order, as provided in Section 885.300.
d) If a stop-work order issued under this Section is canceled, or
the effective period of the order or any written extension thereof expires, the
grantee shall resume work. The grantee may request an amendment to the grant
agreement, in accordance with Section 885.230 of this Part, to obtain an
adjustment in the grant amount accounting for the work stoppage.
e) The grantee may not obtain reimbursement for costs associated
with a stop-work order unless the Agency authorizes reimbursement in writing.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 885
MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM
SECTION 885.315 COVENANT AGAINST CONTINGENT FEES
Section 885.315 Covenant
Against Contingent Fees
a) The grantee must warrant, as part of the grant agreement, that
no person has been employed or retained to solicit or secure a grant under this
Part upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee.
b) For breach or violation of this warranty, the Agency shall
have the right to revoke the grant without liability or, in its discretion, to
deduct from the grant award, or otherwise recover, the full amount of such
commission, percentage, brokerage, or contingent fee.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 885
MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM
SECTION 885.320 RECOVERY OF GRANT FUNDS
Section 885.320 Recovery of
Grant Funds
If the Agency determines that
any grant funds are being misspent or improperly held by the grantee, the
Agency or the Attorney General shall have the authority to recover those funds
and take any action authorized by the Illinois Grant Funds Recovery Act [30
ILCS 705].
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 885
MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM
SECTION 885.325 INDEMNIFICATION
Section 885.325
Indemnification
The grantee, rather than the
Agency, shall assume the entire risk, responsibility and liability for any and
all loss or damage to property owned by the grantee, the Agency, or third
persons, and any injury to or death of any persons (including employees of the
grantee) caused by or arising out of, or occurring in connection with, the
execution of any work, contract or subcontract arising out of this grant, and
the grantee shall indemnify, save harmless and defend the State and the Agency
from all claims for any such loss, damage, injury, or death. However, a
grantee's execution of a grant agreement, or implementation of an approved
project, does not, in itself, render the grantee an owner or operator for
purposes of 415 ILCS 5/22.2(h)(2), or under regulations promulgated pursuant to
415 ILCS 55/8. The grantee shall require any contractor or subcontractor
engaged by the grantee to agree in writing to look solely to the grantee for
performance of its contract or subcontract with the grantee and for satisfaction
of any and all claims arising thereunder.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 885
MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM
SECTION 885.330 STATUTORY REQUIREMENTS
Section 885.330 Statutory
Requirements
The grantee is solely
responsible for assuring compliance with all statutory requirements, including,
but not limited to, the Local Government Professional Services Selection Act
[50 ILCS 510] and the Construction Contract Indemnification for Negligence Act
[740 ILCS 35].
SUBPART D: ACCESS, AUDITING AND RECORDS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 885
MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM
SECTION 885.400 ACCESS
Section 885.400 Access
a) The Agency or any authorized representative shall have access
to the premises where any portion of the project for which the grant was
awarded is being performed, both during normal business hours and at any other
time project-related work is being performed.
b) Subsequent to the end of the grant term, the Agency or any
authorized representative shall have access to the project records, as defined
in Section 885.405(a) of this Part, to the full extent of the grantee's right
to access, during normal business hours.
c) If the Agency or any authorized representative is denied
access in violation of this Section, the Agency shall provide notice in writing
to the grantee that failure to provide access within 10 days will be cause for:
1) Termination of the grant pursuant to Subpart C of this Part;
2) Refund to the State of any unexpended grant funds in the
possession of the grantee; and
3) Refund of any grant funds previously expended by the grantee,
contractor, or subcontractor found in noncompliance with this Section.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 885
MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT PROGRAM
SECTION 885.405 AUDIT AND RECORDS
Section 885.405 Audit and
Records
a) The grantee shall maintain books, records, documents, reports
and other evidentiary material, using accounting procedures and practices that
conform to generally accepted accounting principles, to account properly for:
1) The receipt and disposition by the grantee of all financial
assistance received for the project, including both State assistance and the
local share; and
2) The costs charged to the project for which the grant has been
awarded, including all direct and indirect costs of whatever nature incurred in
performance of the project.
b) The grantee's facilities, or such facilities as may be engaged
in the performance of the project for which the grant has been awarded, and the
grantee's records shall be subject to inspection and audit by the Agency or any
authorized representative at the times specified in Section 885.400 of this
Part.
c) The grantee shall preserve records and make records available
to the Agency or any authorized representative:
1) Until expiration of 3 years from the date of final payment
under this grant;
2) For such longer period, if any, required by applicable statute
or regulation;
3) For records relating to grant work that has been terminated,
for a period of 3 years from the date of any resulting final termination
settlement; or
4) For records relating to disputes and/or appeals, litigation or
the settlement of claims arising out of the performance of the project for
which the grant was awarded, or costs and expenses of the project to which
exception has been taken by the Agency or any of its duly authorized
representatives, until disposition of such appeals, litigation, claims, or
exceptions.
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