Ill. Admin. Code tit. 35, § 734.605 - Applications for Payment
a) An
owner or operator seeking payment from the Fund must submit to the Agency an
application for payment on forms prescribed and provided by the Agency and, if
specified by the Agency by written notice, in an electronic format. The owner
or operator may submit an application for partial payment or final payment.
Costs for which payment is sought must be approved in a budget, provided,
however, that no budget must be required for early action activities conducted
pursuant to Subpart B of this Part other than free product removal activities
conducted more than 45 days after confirmation of the presence of free
product.
b) A complete application
for payment must consist of the following elements:
1) A certification from a Licensed
Professional Engineer or a Licensed Professional Geologist acknowledged by the
owner or operator that the work performed has been in accordance with a
technical plan approved by the Agency or, for early action activities, in
accordance with Subpart B of this Part;
2) A statement of the amounts approved in the
corresponding budget and the amounts actually sought for payment along with a
certified statement by the owner or operator that the amounts so sought have
been expended in conformance with the elements of a budget approved by the
Agency;
3) A copy of the OSFM or
Agency eligibility and deductibility determination;
4) Proof that approval of the payment
requested will not exceed the limitations set forth in the Act and Section
734.620
of this Part;
5) A federal taxpayer
identification number and legal status disclosure certification;
6) Private insurance coverage
form(s);
7) A minority/women's
business form;
8) Designation of
the address to which payment and notice of final action on the application for
payment are to be sent;
9) An
accounting of all costs, including but not limited to, invoices, receipts, and
supporting documentation showing the dates and descriptions of the work
performed; and
10) Proof of payment
of subcontractor costs for which handling charges are requested. Proof of
payment may include cancelled checks, lien waivers, or affidavits from the
subcontractor.
c) The
address designated on the application for payment may be changed only by
subsequent notification to the Agency , on a form provided by the Agency , of a
change in address.
d) Applications
for payment and change of address forms must be mailed or delivered to the
address designated by the Agency . The Agency 's record of the date of receipt
must be deemed conclusive unless a contrary date is proven by a dated, signed
receipt from certified or registered mail.
e) Applications for partial or final payment
may be submitted no more frequently than once every 90 days.
f) Except for applications for payment for
costs of early action conducted pursuant to Subpart B of this Part, other than
costs associated with free product removal activities conducted more than 45
days after confirmation of the presence of free product , in no case must the
Agency review an application for payment unless there is an approved budget on
file corresponding to the application for payment.
g) In no case must the Agency authorize
payment to an owner or operator in amounts greater than the amounts approved by
the Agency in a corresponding budget. Revised cost estimates or increased costs
resulting from revised procedures must be submitted to the Agency for review in
accordance with Subpart E of this Part using amended budgets plans as required
under this Part.
h) Applications
for payment of costs associated with a Stage 1, Stage 2, or Stage 3 site
investigation may not be submitted prior to the approval or modification of a
site investigation plan for the next stage of the site investigation or the
site investigation completion report, whichever is applicable.
i) Applications for payment of costs
associated with site investigation or corrective action that was deferred
pursuant to Section
734.450
of this Part may not be submitted prior to approval or modification of the
corresponding site investigation plan, site investigation completion report, or
corrective action completion report.
j) All applications for payment of corrective
action costs must be submitted no later than one year after the date the Agency
issues a No Further Remediation Letter pursuant to Subpart G of this Part. For
releases for which the Agency issued a No Further Remediation Letter prior to
March 1, 2006, all applications for payment must be submitted no later than
March 1, 2007.
Notes
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