NR 162.04 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.
31. `Sludge removal.'
Removing sludge when necessary as part of a scored project, including treatment plant upgrades, lagoon abandonment, conversion of a lagoon into an equalization basin, or other capital improvements.
32. `Special assessment fees.'
Financial and legal costs associated with the process of preparing and implementing special assessments when the municipality is pledging special assessments for repayment of its CWFP loan.
33. `Staffing evaluations.'
Conducting an evaluation of staffing needs to determine appropriate changes to staffing levels as a result of the scored project.
Startup expenses for a treatment works or BMP incurred solely because of the scored project, including costs for any of the following:
Initial training of operating personnel on new or modified equipment, laboratory procedures, computers, controls, records management, and treatment processes.
Obtaining expert operational assistance for adjustments to the treatment process.
Attending off-site formal training programs if necessary for the initial operation of the constructed treatment works.
Storm sewers that carry storm water runoff to an eligible treatment device or facility.
Storm sewers or BMPs for controlling on-site runoff at treatment facilities, lift stations, septage receiving facilities, and other treatment works facilities and properties.
36. `Street restoration.'
Restoring streets and rights-of-way, and repairing damage to items such as pavement, sidewalks, and storm sewers necessary as a result of construction of the scored project. Eligibility of costs may be prorated based on participation by one or more other funding sources, or on the percent of the project attributable to CWFP-eligible activities.
NR 162.04 Note
Note: Other funding sources that tend to participate in the types of projects that involve street restoration include the department of transportation, the community development block grant program, and the U.S. department of agriculture rural development community programs. Proration of costs can be due to the other funding source covering a portion of costs that would otherwise be eligible for CWFP funding or because some of the project costs are not eligible, such as watermain costs being ineligible when the project purpose is to replace both watermains and sanitary sewers.
Relocating watermains if necessary for construction, and replacing watermains of the same size or required minimum size if breakage due to construction of a scored project occurs.
Eligible at market rate.
Costs eligible for market interest rate financing of a scored project include any of the following:
The cost of reserve capacity for sewage collection system, interceptor, or individual system projects in unsewered municipalities necessary to serve projected flows beyond the initial flows expected at the project completion date.
The cost of reserve capacity for wastewater projects necessary to treat projected flows beyond 10 years from the project completion date.
The cost of capacity for present and future flows from industrial wastewater users, or from industrial areas regulated under ch. NR 216
The cost for the flow from state and federal facilities if the flow from these facilities exceeds 5% of the total flow to the treatment works or BMP.
The cost of any portion of a project to correct violations of effluent limitations contained in a permit issued under ch. 283, Stats.
, or violations of performance standards.
The cost for any portion of a project designed solely for flood control and not required to meet WPDES storm water permit requirements or performance standards.
The cost for any portion of a storm water project that exclusively serves development not in existence as of the date of the application. These costs are eligible for funding only if the project furthers the local comprehensive planning goals identified in s. 1.13 (2)
, Stats., and, beginning January 1, 2010, is consistent with a comprehensive plan prepared pursuant to s. 66.1001
NR 162.04 Note
A scored project in an unsewered area is eligible for below-market-rate financing if the department finds that at least two-thirds of the initial flow will be wastewater originating from residences in existence on October 17, 1972. If an unsewered project does not meet the two-thirds rule, s. 281.58 (8) (c)
, Stats., allows the CWFP to fund the project at market rate only.
The amount of the costs described in par. (b) 1.
is determined using a parallel cost percentage, which is calculated as follows:
Calculate a reduced capacity condition by subtracting the flows and loadings associated with par. (b) 1.
from the total design capacity.
Divide the cost of the reduced capacity condition by the costs of the total design capacity.
PC = RC/DC
PC . . . is the parallel cost percentage expressed as a decimal.
RC . . . is the cost associated with the reduced capacity condition.
DC . . . is the cost associated with the total design capacity.
EM = (TP)(1–PC)
EM . . . is the amount of project costs eligible for market rate financing only.
TP . . . is the total project cost eligible for CWFP financing.
PC . . . is the parallel cost percentage expressed as a decimal.
If the department determines that the project includes other market rate costs as described in par. (b) 5.
, the amount of those costs shall be subtracted from the amount eligible for below–market rate financing and added to the amount of market rate costs calculated in subd. 2.
NR 162.04 Note
All questions relating to cost eligibility or allocation shall be resolved prior to the execution of the financial assistance agreement in accordance with s. NR 162.16
(2) Ineligible costs.
Costs for items and activities not directly associated with or not necessary for the construction or startup of a scored project are not eligible for financial assistance. Ineligible items and activities include all of the following:
Any allowance or contingency amounts built into a bid contract for nonspecific or ineligible items or activities.
Basin or areawide planning not related to the scored project.
For a project receiving interest rate subsidy under subch. IV
, project costs determined to be ineligible for loan assistance from the BCPL.
Bonus payments not legally required for completion of construction before a contractual completion date.
Purchase cost of buying capacity in an existing treatment works that is not being expanded.
Fees for operator certification training.
Conflict of interest.
Costs incurred in a contract that creates a real or apparent conflict of interest. An apparent conflict of interest arises when an official or employee of a recipient participates in the selection, award, or administration of a contract supported by the CWFP and any of the following conditions exist:
The official or employee, the official's or employee's spouse, or the official's or employee's partner has an ownership interest in the firm selected for the contract.
Any person identified in subd. 1.
receives any contract, gratuity, or favor from the award of the contract.
Engineering costs attributable to ineligible construction costs when ineligible construction and equipment costs are 10% or more of total construction and equipment costs.
Any costs for administering or applying for funding from sources other than the CWFP, such as U.S. department of agriculture's rural development programs, a community development block grant program, federal state and tribal assistance grants, U.S. army corps of engineers, focus on energy, or other non-CWFP federal or state government loan or grant programs, or other types of financial assistance programs.
Hookup charges imposed by one municipality on another for hooking into a treatment works or BMP, or transport system to such a facility, unless the charges are based on identifiable capital improvement costs incurred by the municipality imposing the charge, and are included in an intermunicipal agreement meeting the requirements of s. NR 162.06 (2) (h)
Costs associated with privately-owned pretreatment facilities and monitoring equipment used by industry for sampling discharges to a municipal treatment works.
Interest or principal payments on interim financing paid by the municipality out of its internal funds rather than capitalized funds.
NR 162.04 Note
The ineligibility of interest or principal payments in par. (L) is based on U.S. treasury reimbursement regulations 26 CFR 1.150
Interest or late fees charged a municipality for delayed payments to engineers, construction contractors, financial advisors, and others providing services to the municipality.
Connection laterals that transport wastewater from structures to municipally–owned or privately–owned wastewater systems.
Mismanagement and litigation.
Costs of claims against the recipient resulting from mismanagement or caused by the recipient's vicarious liability for the improper action of others, and costs resulting from litigation of contract disputes, liquidated damages, appeals, and other related disputes.
Costs incurred due to negligence or error of a party contracted by the municipality.
All costs of a project if the municipality does not finance some construction costs 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.
Ordinary municipal operating expenses.
Ordinary operating expenses of a municipality, such as salaries and expenses of elected officials and on-staff attorneys, postage, utility bills, and annual financial audits.
Costs for which payment has been or will be received from another funding source, including costs for which funds from the U.S. department of agriculture's rural development program or a community development block grant program are committed, or costs covered by a focus on energy grant. If the municipality does not receive the funds expected from the other source, the department may consider the costs of the work that was to be funded through the other source to be eligible for CWFP financial assistance, unless the costs are considered ineligible under another paragraph in this subsection. This paragraph does not apply to a municipality receiving a loan from the BCPL for a scored project receiving interest subsidy under subch. IV
Outside of scope.
Costs outside the scope of the scored project. The department may approve a de minimis amount of costs outside the scope if the extra work will improve the overall integrity, operation, or functionality of the treatment works or BMP.
Personal injury compensation or damages arising out of the project, whether determined by adjudication, arbitration, negotiation, or otherwise.
Costs incurred after the project completion date of the scored project.
Private septic payments.
Credits or payments to private septic owners made as a result of complying with s. 60.726
Removing sludge from a wastewater facility, unless it is part of the activities necessary for a scored project.
Waste-generating fixtures and associated plumbing from a residence or commercial establishment to a treatment unit, and modifications to homes or other buildings for installation of special devices.
Costs of establishing special purpose districts or commissions, such as sanitary districts, utility districts, and joint commissions.
(zL) Violation penalties.
Fines and penalties due to violations of, or failure to comply with, federal, state, or local laws.
Watermain construction, replacement, or repair, unless the watermain is needed to carry water to a part of the treatment works, or the watermain work is necessary as a direct result of work performed for a scored project, such as moving a watermain to allow appropriate distance between it and a sanitary sewer pipe being constructed in the scored project or repairing or replacing a watermain damaged during construction of the scored project.
Wisconsin fund facilities.
The acquisition of a treatment works built with Wisconsin fund grant program monies.
NR 162.04 Note
The Wisconsin fund grant program was created to fund municipal wastewater treatment facility projects required to achieve the federal goal of “fishable and swimmable" for the state's waters. Final grant closeouts of Wisconsin fund projects occurred during the 1990s. This grant program preceded the CWFP which was created in 1987 Wisconsin Act 399
WPDES permit fees.
The cost of a WPDES permit unless it is a special permit specific to the project construction.
(3) Limitation on eligibility of interim financing costs. NR 162.04(3)(a)(a)
Net interest expense.
Interim financing interest expenses shall be offset with any interest earnings from the investment of the proceeds from the interim financing to determine the amount eligible for CWFP financial assistance.
Interim financing issuance costs.
The amount of interim financing issuance costs eligible for financial assistance is limited to $15,000 plus 0.5% of the total eligible face amount of the interim financing. If interim financing is rolled over or renewed, the face amount may not be counted multiple times in calculating the eligible face amount of interim financing for purposes of this limit.
Interim interest costs.
The period of time for which interest on interim financing is eligible for financial assistance shall run from no earlier than 12 months prior to the start of construction through the earliest of the following: