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)