Section 365.520  Loan Applicant's Responsibilities During Facilities Planning

a)         The loan applicant shall:

1)         Undertake and complete facilities planning, which shall consist of plans and studies that are directly related to the construction of wastewater treatment works, to maintain compliance with applicable State and federal requirements as specified in 35 Ill. Adm. Code: Subtitle C and the CWA;

2)         Demonstrate to the Agency through such plans and studies the need for the facilities for which loan assistance is being requested; and

3)         Demonstrate by a systematic evaluation of feasible alternatives that the proposed facilities represent the cost-effective means of meeting all applicable effluent limitations and water quality standards and goals, recognizing environmental and social conditions as set forth in subsections (b)-(e).

b)         If any information required to be furnished as part of a facilities plan has been developed separately, it shall be furnished and incorporated by reference in the facilities plan.  Planning previously or collaterally accomplished under local, State or federal programs may be utilized to the extent applicable.

c)         The facilities plan shall be submitted to the Agency for approval.  Where applicable, the applicant shall also submit drafts of any inter-governmental agreements or demonstrations of legal authority necessary to plan implementation.

d)         The facilities plan may include more than one construction project and provide the basis for several subsequent construction projects.  A facilities plan which has served as the basis for providing a loan for a construction project shall be reviewed prior to providing any loan for a subsequent project involving construction to determine if changes have occurred which require amendments to the facilities plan.  If substantial changes have occurred which warrant revision or amendment as specified in Section 365.530 of this Subpart, the plan shall be revised or amended and resubmitted for review and approval in accordance with the provisions of Section 365.530(a) and (b) of this Subpart.

e)         Facilities planning shall include the following elements in sufficient detail to, at minimum, comply with all applicable construction permit supporting data requirements of 35 Ill. Adm. Code 370.210:

1)         A complete description of the selected complete waste treatment system or systems of which the proposed wastewater treatment works is a part, identification of any existing violations of federal or State wastewater regulations and identification of the needs to be addressed by the proposed project.

2)         A discussion of the technical, financial, managerial, and environmental considerations that form the basis for the applicant's selection of the cost-effective project from the range of alternatives available and considered, including elimination of infiltration and inflow where applicable.  When appropriate to the project scope, the following issues shall be addressed:

A)        The relationship of the nature, size and capacity of each alternative to the needs to be served, including reserve capacity;

B)        Identification of current and proposed effluent discharge limitations and water quality standards for the proposed wastewater treatment works as required by Title IV of the CWA and 35 Ill. Adm. Code:  Subtitle C;

C)        A discussion of the operational requirements of each alternative and provisions for the ultimate disposal of sludge materials from the wastewater treatment process;

D)        An assessment of the capability of each alternative to maintain compliance with applicable laws and regulations;

E)         An inventory of the relative environmental impacts of each alternative and a discussion of the measures that would be required during design and construction to mitigate or minimize negative environmental impacts;

F)         Adequate basis of design information for each alternative to confirm the reasonability of cost estimates;

G)        A comparison of costs for each alternative, including both capital and operational costs over a 20-year planning period.

3)         A detailed description of the alternative selected for loan assistance, including preliminary engineering data, complete cost estimates for design and building, one or more 8.5 by 11 inch site map or maps locating areas of construction or indirect impacts, and a projected schedule for completion.  The engineering data shall include, to the extent appropriate, flow diagrams, unit process descriptions, detention times, flow rates, unit capacities, etc., sufficient to demonstrate that the project proposed will be designed in accordance with 35 Ill. Adm. Code 370.

4)         Evidence of consultation with relevant federal, State, interstate, regional or local agencies, with documentation of project approval where required.

5)         An implementation plan for the proposed recommendations, including necessary financial arrangements for the operation and maintenance of the wastewater treatment system and repayment of the proposed loan amount, as well as the impact of these costs on the system users.

(Source:  Amended at 30 Ill. Reg. 15590, effective September 18, 2006)