NR 162.003(87) (87) “Substantial completion" means the date on which construction of the scored project is sufficiently complete in accordance with the contract documents so that the owner can occupy or utilize the scored project for its intended use.
NR 162.003(88) (88) “Total annual charges" means the annual treatment works or BMP costs, including operation and maintenance costs, equipment replacement fund deposits, CWFP debt service, prior debt service, debt service for project costs ineligible for CWFP assistance, and hookup fees owed to another municipality.
NR 162.003(89) (89) “TSS" means total suspended solids.
NR 162.003(90) (90) “Treatment works" or “treatment work" has the meaning given in s. 283.01 (18), Stats.
NR 162.003 Note Note: Under s. 283.01 (18), Stats., “treatment work" means any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial waste of a liquid nature or necessary to recycle or reuse water at the most economical cost over the estimated life of the treatment works, including intercepting sewers, outfall sewers, sewage collection systems, cooling towers and ponds, pumping, power and other equipment, and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment. Additionally, “treatment works" means any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste, including storm water runoff, or industrial waste, including waste in combined storm water and sanitary sewer systems. This definition of “treatment works" includes storm water projects for municipalities that are required to obtain a WPDES permit under ch. 283, Stats.
NR 162.003(91) (91) “Unsewered municipality" means a municipality in which some or all of the residential areas lack a sewage collection system.
NR 162.003(92) (92) “Useful life" means one of following:
NR 162.003(92)(a) (a) The period during which a treatment works operates, if the treatment works was constructed partially or wholly with U.S. environmental protection agency title II construction grants.
NR 162.003(92)(b) (b) The term of the loan, if the treatment works was constructed partially or wholly with CWFP financing.
NR 162.003(93) (93) “User charge" means a charge levied on users of a treatment works or BMP for the user's proportional share of the cost of operation, maintenance and replacement of the treatment works or BMP.
NR 162.003(94) (94) “User charge system" means a system of charges meeting requirements applicable to the project, established in ss. NR 162.08 and 216.06 (2) (c) to (e) and s. 281.58 (14) (b) 1. and 7., Stats.
NR 162.003 Note Note: User charge systems may apply to storm water utility districts.
NR 162.003(95) (95) “Wastewater" means a waste stream conveyed to a treatment works via a sewage collection system, including a combined sewer conveying both sanitary wastewater and storm water.
NR 162.003(96) (96) “Women business enterprise" or “WBE" means a DBE that is owned or controlled on a daily basis by a woman or women.
NR 162.003(97) (97) “WPDES permit" means a Wisconsin pollution discharge elimination system permit issued under ch. 283, Stats.
NR 162.003 History History: CR 14-043: cr. Register June 2015 No. 714, eff. 7-1-15; correction in (71) made under s. 13.92 (4) (b) 7., Stats., correction in (94) made under s. 35.17, Stats., Register June 2015 No. 714.
subch. II of ch. NR 162 Subchapter II — Financial Assistance Requirements
NR 162.01 NR 162.01Types of financial assistance available. The department and DOA may, subject to applicable requirements of ss. 281.58 and 281.59, Stats., and ch. Adm 35, provide to an eligible applicant for a scored project any of the following types of financial assistance unless the project has been substantially complete for 3 years or longer or the applicant already has long-term affordable debt outstanding for its completed or substantially completed project:
NR 162.01(1) (1) Subject to the limits established in s. NR 162.04 (3), purchase or refinance a municipality's interim financing.
NR 162.01(2) (2) Guarantee, or purchase insurance for, municipal obligations for construction of a treatment works or BMP if the guaranteed or purchased insurance would improve credit market access or reduce interest costs on the municipal obligations.
NR 162.01(3) (3) Make loans at or below the market interest rate.
NR 162.01(4) (4) Provide hardship financial assistance to eligible applicants pursuant to subch. III.
NR 162.01(5) (5) Provide interest rate subsidies pursuant to subch. IV.
NR 162.01 History History: CR 14-043: cr. Register June 2015 No. 714, eff. 7-1-15.
NR 162.02 NR 162.02Annual funding policy, project priority list, and funding list.
NR 162.02(1) (1)Funding policy and project priority list. The department may produce an annual CWFP funding policy in conjunction with the fiscal year's priority list established under s. NR 162.53. The funding policy may describe methods for making funding determinations and other policies related to the fiscal year. If the department publishes a funding policy for a given year, it shall provide an opportunity for public comment regarding the funding policy.
NR 162.02(2) (2)Funding list. The department shall prepare a funding list of all CWFP-eligible applicants, including applications submitted under subchs. II to IV, when the amount available under s. 20.866 (2) (tc) or 281.59 (4) (f), Stats., is insufficient in accordance with s. 281.58 (9m) (f), Stats.
NR 162.02 Note Note: A separate funding list for hardship projects will be prepared annually in accordance with s. NR 162.26.
NR 162.02 History History: CR 14-043: cr. Register June 2015 No. 714, eff. 7-1-15; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register June 2017 No. 738.
NR 162.03 NR 162.03Project eligibility.
NR 162.03(1) (1)Traditional wastewater treatment plant and collection system projects. A municipality may receive financial assistance under this chapter for a publicly-owned wastewater treatment works scored project, including a treatment plant or sewage collection system project, that meets any of the following criteria:
NR 162.03(1)(a) (a) The project is necessary to prevent a municipality from significantly exceeding a wastewater effluent limitation contained in a permit issued under ch. 283, Stats. This includes the following types of projects:
NR 162.03(1)(a)1. 1. Projects for which construction will completely take place inside the fence or on site of a wastewater treatment plant, such as projects to build or modify headworks, clarifiers, aeration basins, stabilization ponds, sludge processing equipment, sludge storage facilities, or on-site administrative buildings, and projects to build or modify facilities for the receiving, storage, or treatment of septage, as defined in s. 281.58 (1) (cv), Stats.
NR 162.03 Note Note: “Septage," under s. 281.58 (1) (cv), Stats., means the scum, liquid, sludge, or other waste in a septic tank, soil absorption field, holding tank, grease interceptor, privy, or other component of a private on-site wastewater treatment system.
NR 162.03(1)(a)2. 2. Projects for which construction takes place outside of the fence of the wastewater treatment plant that are necessary to maintain or improve the integrity and performance of wastewater treatment works facilities serving the municipality, including sanitary sewer replacement or rehabilitation, sanitary sewer or lateral lining, lift station or headworks upgrades, and construction of new interceptors, lift stations, pretreatment facilities, septage receiving stations, and other treatment works facilities outside of the fence of the wastewater treatment plant.
NR 162.03(1)(b) (b) The project is necessary to achieve compliance with an enforceable wastewater requirement changed or established after May 17, 1988, if the municipality is in substantial compliance with its permit issued under ch. 283, Stats.
NR 162.03(1)(c) (c) The project is necessary to correct violations of an effluent limitation contained in a permit issued under ch. 283, Stats.
NR 162.03(1)(d) (d) The project is necessary to eliminate actual or imminent pollution of groundwater or surface water or a threat to human health in unsewered areas within a municipality. This includes the following types of projects:
NR 162.03(1)(d)1. 1. Projects for construction of a new wastewater treatment plant or upgrade of an existing plant to accept and treat wastewater from a previously unsewered area, such as projects to build or add capacity to clarifiers, aeration basins, stabilization ponds, or sludge facilities.
NR 162.03(1)(d)2. 2. Sewage collection system projects to install sewer pipes where there were none and interceptors to carry wastewater to a new or existing wastewater treatment plant.
NR 162.03 Note Note: Traditional wastewater treatment plant and collection system projects are those that use common infrastructure and processes to collect and treat wastewater, including pipes to collect wastewater from homes and businesses and carry the water to a treatment plant that uses techniques and equipment to filter and settle out solids, aerate the water to encourage natural processes of growth of bacteria and other organisms to consume much of the waste, disinfect the processed water, and process the sludge removed from the wastewater. Traditional projects tend to collect and treat point-source pollution only, unless storm sewers contribute to the flow of water to the wastewater treatment plant or the system has infiltration or inflow problems. The purpose of some traditional projects is to fix these types of excess flow issues. Traditional wastewater treatment is discussed in the Primer for Municipal Wastewater Treatment Systems, Publication EPA 832-R-04-001, dated September 2004, available on the U.S. environmental protection agency's website at: http://water.epa.gov/aboutow/owm/upload/2005_08_19_primer.pdf
NR 162.03(2) (2)Individual wastewater treatment systems.
NR 162.03(2)(a)(a) A project that is eligible under sub. (1) may consist of individual systems for the purpose of treating sanitary waste that serve one or more properties if the municipality:
NR 162.03(2)(a)1. 1. Owns each individual system.
NR 162.03(2)(a)2. 2. Is responsible for the proper installation, operation, and maintenance of each individual system.
NR 162.03(2)(a)3. 3. Has unlimited access to each individual system at all reasonable times for the purposes of inspection, monitoring, construction, maintenance, operation, rehabilitation, and replacement of the system.
NR 162.03(2)(a)4. 4. Establishes a comprehensive program for the regulation, inspection, operation, and maintenance of individual systems, and for monitoring the impact of the systems on groundwater where required by the department.
NR 162.03(2)(a)5. 5. Complies with all other applicable requirements, limitations, and conditions for projects funded under this chapter.
NR 162.03 Note Note: Individual wastewater treatment systems may include cluster systems, mound systems, holding tanks, septic tanks, pipes to transport wastewater, and other alternative systems for small communities.
NR 162.03(2)(b) (b) The access required in par. (a) 3. shall be established through easements, covenants running with the land, or local ordinance. The department may require that the program established under par. (a) 4. include periodic testing of water from existing potable water wells and monitoring of aquifers in the area.
NR 162.03(3) (3)Area-wide storm water projects. A municipality may receive financial assistance under this subchapter for a publicly owned project that is necessary to control storm water runoff rates, volumes, and discharge quality. This includes projects to install new infiltration practices, meet performance standards contained in a permit issued under ch. NR 216, or construct an MS4 that is necessary to maintain the integrity and performance of the runoff treatment works or BMP serving the municipality, or storm water projects eligible under s. 281.58, Stats., and required by any of the following:
NR 162.03(3)(a) (a) A WPDES storm water permit issued under subch. I of ch. NR 216.
NR 162.03(3)(b) (b) A performance standard.
NR 162.03(3)(c) (c) A storm water management plan or other applicable plan approved by the department for purposes of managing runoff.
NR 162.03(4) (4)Individual storm water projects.
NR 162.03(4)(a)(a) A project that is eligible under sub. (3) may consist of individual systems that treat runoff and serve one or more properties if the municipality:
NR 162.03(4)(a)1. 1. Owns each individual BMP.
NR 162.03(4)(a)2. 2. Is responsible for the proper installation, operation and maintenance of each individual BMP.
NR 162.03(4)(a)3. 3. Has unlimited access to each individual BMP at all reasonable times for the purposes of inspection, monitoring, construction, maintenance, operation, rehabilitation, and replacement of the BMP.
NR 162.03(4)(a)4. 4. Establishes a comprehensive program for the regulation, inspection, operation, and maintenance of individual BMPs, and for monitoring the impact of the BMPs on the groundwater where required by the department.
NR 162.03(4)(a)5. 5. Complies with all other applicable requirements, limitations, and conditions for projects funded under this chapter.
NR 162.03(4)(b) (b) The access required in par. (a) 3. shall be established through easements, covenants running with the land, or ordinance.
NR 162.03(4)(c) (c) The department may require that the program established under par. (a) 4. include periodic testing of water from existing potable water wells and monitoring of aquifers in the area.
NR 162.03(5) (5)Ineligible projects. The department may determine that an entire project or a portion of a project is ineligible for CWFP financial assistance. If the department determines that a portion of a scored project is ineligible, it shall specifically identify the ineligible portions and the associated costs, or prorate the amount of financial assistance provided to reflect the appropriate proportion of eligible to ineligible project costs, or both, in the financial assistance agreement. The following types of projects or portions of projects are not eligible to receive financial assistance under this chapter:
NR 162.03(5)(a) (a) Projects of a municipality that is failing to substantially comply with conditions or requirements of s. 281.58 or s. 281.59, Stats., ch. Adm 35, ch. NR 162, an existing financial assistance agreement with the CWFP, a financial assistance agreement with the safe drinking water loan program under s. 281.61, Stats., or the terms of a federal or state grant used to pay the costs to plan, design, or construct a treatment works or BMP.
NR 162.03(5)(b) (b) As specified in s. 281.58 (8) (a) 2., Stats., connection laterals and sewer lines that transport wastewater from structures to municipally–owned or privately–owned wastewater systems.
NR 162.03(5)(c) (c) Public sanitary sewer mains, interceptors, and individual systems that exclusively serve development not in existence as of the date the department receives an application submitted by a municipality under this chapter.
NR 162.03(5)(d) (d) Any project from which no construction costs are to be funded through the CWFP, unless another governmental agency is providing financing for the construction costs and the department receives acceptable documentation of the other agency's commitment, as determined by the department.
NR 162.03(5)(e) (e) Dams, pipes, conveyance systems, and BMPs, including storm sewer rerouting and land acquisition, when intended solely for drainage and flood control.
NR 162.03(5)(f) (f) In accordance with s. 281.58 (8) (d), Stats., a project of an unsewered municipality that does not own and is not constructing a treatment plant and will be disposing of wastewater in the treatment work of another municipality, unless it executes an agreement under s. 66.0301, Stats., with another municipality that will receive, treat, and dispose of the wastewater of the unsewered municipality.
NR 162.03 History History: CR 14-043: cr. Register June 2015 No. 714, eff. 7-1-15.
NR 162.04 NR 162.04Cost eligibility.
NR 162.04(1) (1)Eligible costs.
NR 162.04(1)(a)(a) Eligible at a subsidized rate. Allocable project-specific costs that are necessary and reasonable are eligible for financial assistance. Eligible costs include any of the following items and activities when specific to the scored project scope, or when approved by the department after being identified in the application as necessary for efficient operation of or the integrity of the overall treatment works or BMP and having de minimis cost:
NR 162.04(1)(a)1. 1. `Abandonment.' Abandonment of treatment works if approved in the plans and specifications of a scored project or by department staff, including activities such as demolition, re-landscaping, and removal and disposal of municipal waste or other debris.
NR 162.04(1)(a)2. 2. `Access roads.' Construction of roadways necessary to provide appropriate access to facilities such as lift stations and treatment plants.
NR 162.04(1)(a)3. 3. `Acquisition of facilities.' Costs associated with acquiring facilities of an existing treatment works or BMP if the municipality will own, operate, and maintain the facilities throughout the term of the financial assistance agreement.
NR 162.04(1)(a)4. 4. `Administrative buildings and equipment.' Buildings, offices, and office equipment and furnishings used for purposes of operating a treatment works, such as administration and storage buildings, if included in the approved plans and specifications or otherwise approved by department staff. The department may prorate costs for buildings, offices, and office equipment and furnishings that are partially used for purposes not related to the treatment works.
NR 162.04(1)(a)5. 5. `Administrative costs of a commission.' Administrative, legal, and other costs incurred by a commission solely for the scored project if identifiable in a contract or agreement between the member municipalities.
NR 162.04(1)(a)6. 6. `Compliance with state and federal requirements.' Costs incurred for activities associated with complying with state and federal requirements related to the scored project.
NR 162.04 Note Note: May include any of the following: Americans with Disabilities Act design and construction; green project reserve documentation; Davis-Bacon and related acts administration or other activities associated with wage rate requirements; DBE solicitation and documentation; activities associated with the use of American iron and steel; environmental review of project sites and other activities related to ch. NR 150 compliance, including costs of public notices and hearings; historical, architectural, archaeological, and cultural resources work identified during planning, design, or construction of the project and incurred prior to project closeout; signage requirements, including on a website or at a drinking water facility or project site; audit activities related to the federal single audit act portion of the municipality's annual audit report until the project is complete.
NR 162.04(1)(a)7. 7. `Construction activities.' Activities defined in s. NR 162.003 (17) and included in construction contracts or performed by force account, including any of the following:
NR 162.04(1)(a)7.a. a. Replacing, repairing, or rehabilitating a treatment works or BMP if identified in the plans and specifications as cost-effective and necessary.
NR 162.04(1)(a)7.b. b. Restoring streets and rights-of-way, and repairing damage to items such as pavement, sidewalks, watermains, and storm sewers necessary as a result of construction of the scored project.
NR 162.04(1)(a)7.c. c. Punch list item activities.
NR 162.04(1)(a)7.d. d. Acquiring, consuming, or expending materials.
NR 162.04(1)(a)7.e. e. Obtaining products that comply with federal requirements to use American iron and steel in CWFP projects.
NR 162.04(1)(a)7.f. f. Other capital costs incurred solely for purposes of the scored project.
NR 162.04(1)(a)8. 8. `Demolition.' Demolishing existing structures if the demolition is part of a scored project and at least one of the following applies:
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.