Section 663.110 Definitions

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE F: PUBLIC WATER SUPPLIES

CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY

PART 663 PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT

SECTION 663.110 DEFINITIONS

Section 663.110  Definitions

Unless specified otherwise all terms shall have the meanings

set forth in the Environmental Protection Act (Act) [415 ILCS 5] and the

regulations adopted under that Act (35 Ill. Adm. Code:  Subtitle F) and the federal

Safe Drinking Water Act (SDWA), as amended (42 U.S.C. 300j-12 et seq.).

For the purposes of this Part, PWSLP materials and loan

agreements, the following definitions apply:

Act – The

Environmental Protection Act [415 ILCS 5].

Addenda – Documents issued by the

loan applicant after advertisement for bids, which modify or interpret the

contract documents, drawings, and specifications, by additions, deletions,

clarifications or corrections.

Agency –

Illinois

Environmental Protection Agency

. [415 ILCS 5/19.2(a)]

BABA Act – The

portion of the BIL Act at Sections 70901 through 70952 (Public Law 117-58, 41

U.S.C. 8301 note) also known as Build America Buy America Act.

BIL Act – The Bipartisan

Infrastructure Law (Public Law 117-58) also known as the Infrastructure

Investment and Jobs Act of 2021 or IIJA.

Billed Customers – The customers

receiving a bill who are responsible for paying for water services.

Binding Commitment – A legal

obligation between the Agency and the loan recipient to provide financial

assistance from the PWSLP to the loan recipient, specifying the terms and

schedules under which assistance is provided. The loan agreement will be

considered a binding commitment.

Census Tract – The small

relatively permanent statistical subdivisions of a county.  Census tract

information is available on the website of the US Department of Commerce,

Bureau of the Census

to provide financial

assistance from the PWSLP to the loan recipient, specifying the terms and

schedules under which assistance is provided. The loan agreement will be

considered a binding commitment.

Census Tract – The small

relatively permanent statistical subdivisions of a county.  Census tract

information is available on the website of the US Department of Commerce,

Bureau of the Census.

Change Order – A written order by

the loan recipient to the contractor authorizing an addition, deletion or

revision in the work within the general scope of the contract documents, or

authorizing an adjustment in the contract price or contract time.

Community Water Supply

–

A

public water supply which serves or is intended to serve at least 15 service

connections used by residents or regularly serves at least 25 residents.

[415

ILCS 5/3.145]

Construction

–

Any one

or more of the following which is undertaken for a public purpose: preliminary

planning to determine the feasibility of the 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 public water supplies, or the inspection or supervision of any

of the foregoing items.

[415 ILCS 5/19.2(d)]

Contract Documents – The contract,

including but not limited to advertisement for bids, information for bidders,

bid, bid bond, agreement, payment bond, performance bond, notice of award,

notice to proceed, change order, drawings, specifications, and addenda.

Dedicated Source of Revenue – The

type of security and the basis of legal authorization that are dedicated by

legislative enactment or other appropriate authority, along with the applicable

revenue source pledged for repayment and recorded in an account for the purpose

of loan repayment, which is sufficient to repay the principal and interest on

the loan

drawings, specifications, and addenda.

Dedicated Source of Revenue – The

type of security and the basis of legal authorization that are dedicated by

legislative enactment or other appropriate authority, along with the applicable

revenue source pledged for repayment and recorded in an account for the purpose

of loan repayment, which is sufficient to repay the principal and interest on

the loan.

Design – All administrative, legal,

and engineering tasks, subsequent to Project Plan approval but prior to

advertisement for bid proposal, associated with receiving approval of a loan

application.  This may include the following, as applicable:  surveys, designs,

plans, working drawings, specifications, soil investigations, and any other

tests or process determinations required to establish design criteria, and

development of user charge systems and water use ordinances.

Director – Director of the

Illinois Environmental Protection Agency.

Disadvantaged Community – A

community water supply system that has a lead service line inventory in

accordance with Section 17.12(d) of the Act, has lead service lines that need replacement,

and has submitted an application for funding for a project area where the

median household income is less than 100% of the State average median household

income.  A disadvantaged community determination will be made for each application

submitted to the Agency.

Facilities – Equipment or

operating systems that are constructed, installed, or established to serve the

particular purpose of improving or augmenting sustainability for public water

supplies and public water supply facilities in a watershed.  Facilities may

involve stand-alone projects or be involved as component pieces of public water

supplies and public water supply projects.

Fixed Loan Rate – The simple

annual fixed rate on the loan

hat are constructed, installed, or established to serve the

particular purpose of improving or augmenting sustainability for public water

supplies and public water supply facilities in a watershed.  Facilities may

involve stand-alone projects or be involved as component pieces of public water

supplies and public water supply projects.

Fixed Loan Rate – The simple

annual fixed rate on the loan.

Fund −

The Water

Revolving Fund

as authorized by Section 19.3 of the Act,

consisting of

the Water Pollution Control Loan Program, the Public Water Supply Loan Program,

and the Loan Support Program

. [415 ILCS 5/19.2(b)]

Initiation of Loan Repayment

Period – The date in a loan agreement or amendment that establishes the

beginning point of the loan repayment period.

Initiation of Operation – The date

specified by the loan agreement on which use of the project began operation for

the purposes that it was planned, designed, and constructed.

Intended Use Plan – A plan

which includes a description of the short and long term goals and objectives of

the Public Water Supply Loan Program, project categories, discharge

requirements, terms of financial assistance and the loan applicants to be served

.

[415 ILCS 5/19.2(e)]

Iron and Steel Products – The

following products made primarily of iron or steel: lined or unlined pipes and

fittings, manhole covers and other municipal castings, hydrants, tanks,

flanges, pipe clamps and restraints, valves, structural steel, reinforced

precast concrete, and construction materials.

Lead Service Line – A service line

made of lead or service line connected to a lead pigtail, lead gooseneck, or

other lead fitting.  A galvanized service line, for purposes of this Part, is

considered a lead service line if it ever was or is currently downstream of any

lead service line or service line of unknown material

uctural steel, reinforced

precast concrete, and construction materials.

Lead Service Line – A service line

made of lead or service line connected to a lead pigtail, lead gooseneck, or

other lead fitting.  A galvanized service line, for purposes of this Part, is

considered a lead service line if it ever was or is currently downstream of any

lead service line or service line of unknown material.

LSLR Capitalization Grant – The

actual federal funds received by the Agency for deposit into the PWSLP as a

result of the capitalization grant agreement with USEPA for lead service line

replacement under the BIL Act.

LSLR Capitalization Grant

Agreement – The agreement entered into each federal fiscal year between the

Agency and USEPA for the purpose of providing a grant to capitalize the PWSLP

and enable the Agency to provide assistance for lead service line replacement

projects.

Loan –

A loan made from the

Public Water Supply Loan Program to an eligible applicant as a result of a

contractual agreement between the Agency and such applicant

. [415 ILCS

5/19.2(c)]

Loan Agreement – The contractual

agreement document between the Agency and the loan recipient that contains the

terms and conditions governing the loan issued from the PWSLP.

Loan Applicant – The community

water supply that has applied for a loan from the PWSLP under this Part.

Loan Procedures – The procedures

for issuing loans from the PWSLP as set out in this Part.

Loan Recipient – The community

water supply that has been provided a loan from the PWSLP under this Part.

Local Government Unit – 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

this Part.

Local Government Unit – 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

.

[415 ILCS 5/19.2(g)]

Material Inventory – A water

service line material inventory developed by a community water supply in

accordance with SDWA or Section 17.12 of the Act.

Maximum Contaminant Level or MCL –

The maximum permissible level of a contaminant in water that is delivered to

any user of a public water supply.

Median Household Income or MHI

–

The median household income is the

American Community Survey 5-year estimate from the US

Department of Commerce, Bureau of the Census

.

Operating Agreement – The

agreement between the Agency and USEPA that establishes the policies,

procedures, and activities for the application and receipt of federal

capitalization grant funds to capitalize the PWSLP and enable the Agency to

provide assistance for lead service line replacement projects.

Person

–

Any individual,

partnership, co-partnership, firm, company, limited liability company,

corporation, association, joint stock company, trust, estate, political

subdivision, state agency, or any other legal entity, or their legal

representative, agent or assigns

. [415 ILCS 5/3.315]

Principal – The total amount of

funds distributed to loan recipients for eligible project costs.

Privately Owned Community Water

Supply – An investor-owned water utility, if under Illinois Commerce Commission

regulation and operating as a separate and distinct water utility; a

not-for-profit water corporation, if operating specifically as a water utility;

and a mutually owned or cooperatively owned community water system, if

operating as a separate water utility

r eligible project costs.

Privately Owned Community Water

Supply – An investor-owned water utility, if under Illinois Commerce Commission

regulation and operating as a separate and distinct water utility; a

not-for-profit water corporation, if operating specifically as a water utility;

and a mutually owned or cooperatively owned community water system, if

operating as a separate water utility.

[415 ILCS 5/19.2(h)]

Project – The activities or tasks

the Agency identifies in the loan agreement for which the loan recipient may

expend loan funds.

Project Area - All census tracts

in which the project identifies lead service line replacement.

Project Priority List – An ordered

listing of projects developed in accordance with the priority system described in

35 Ill. Adm. Code 663.340 that the Agency has determined are eligible to

receive financial assistance from the PWSLP.

PWSLP – The Public Water Supply

Loan Program as authorized by Section 19.2 of the Act.

Public Water Supply

–

All

mains, pipes and structures through which water is obtained and distributed to

the public, including wells and well structures, intakes and cribs, pumping

stations, treatment plants, reservoirs, storage tanks and appurtenances,

collectively or severally, actually used or intended for use for the purpose of

furnishing water for drinking or general domestic use and which serve at least

15 service connections or which regularly serve at least 25 persons at least 60

days per year. A public water supply is either a "community water supply"

or a "non-community water supply".

[415 ILCS 5/3.365]

Responsible Bid – A bid that

demonstrates the apparent ability of the bidder to successfully meet all the

requirements specified in the contract documents. Information necessary to

demonstrate responsibility may be corrected or submitted after bid opening.

Responsive Bid – A bid that

complies with all meaningful or material aspects of the contract documents

ty water supply".

[415 ILCS 5/3.365]

Responsible Bid – A bid that

demonstrates the apparent ability of the bidder to successfully meet all the

requirements specified in the contract documents. Information necessary to

demonstrate responsibility may be corrected or submitted after bid opening.

Responsive Bid – A bid that

complies with all meaningful or material aspects of the contract documents.

The bid must constitute a definite and unqualified offer to meet the material

requirements of the contract documents including any terms that affect price,

quality, quantity or time of delivery, or are clearly identified in the

contract documents to be complied with at the risk of bid rejection for

nonresponsiveness.  Bid defects resulting in a nonresponsive bid may not be

corrected after the bid opening.

SDWA

– The

Safe Drinking Water Act, as amended (42 U.S.C.

300f et seq.).

Service Line – The piping, tubing,

and necessary appurtenances acting as a conduit from the water main or source

of potable water supply to the building plumbing at the first shut-off valve or

18 inches inside the building, whichever is shorter.

Service

Population – The number of people served by the loan applicant.

Small System – A community water

supply that regularly serves water to 3,300 or fewer persons.

Social Security – A program

administered by the United States Social Security Administration providing

continuing income after retirement to workers and their families.  For purposes

of this Part, the social security rate is the percentage of the population, in

any given census tract, receiving social security benefits.

Source of Revenue – All revenues

of the loan applicant that are sufficient to repay the principal and interest

(as calculated by the fixed loan rate) on the loan

tion providing

continuing income after retirement to workers and their families.  For purposes

of this Part, the social security rate is the percentage of the population, in

any given census tract, receiving social security benefits.

Source of Revenue – All revenues

of the loan applicant that are sufficient to repay the principal and interest

(as calculated by the fixed loan rate) on the loan.

Subagreement – A written agreement

between the loan recipient and another party, and any tier of agreement under

that written agreement, to furnish services, supplies, or equipment necessary

to complete the project for which a loan is provided, including construction

contracts, contracts for personal and professional services, and purchase

orders.

SSI or Supplemental Security

Income – A program administered by the United States Social Security

Administration providing monthly aid to aged, blind, and disabled individuals.

For this purpose of this Part, the supplemental security income rate is the

percentage of the population, in any given census tract, receiving supplemental

security income.

Unemployment Rate – The annual

average unemployment rate calculated by the Illinois Department of Employment

Security, Economic Information and Analysis Division.

Useful Life – The estimated period

during which a public water supply facility is intended to be operable, as

certified by the project's consulting licensed professional engineer.

USEPA – The

United States Environmental Protection Agency.

User Charge – A charge levied on

the users of a public water supply to produce adequate revenues for the

operation, maintenance, and replacement of the public water supply.