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Register November 2010 No. 659
Chapter NR 166
SAFE DRINKING WATER LOAN PROGRAM
Subchapter I — General
NR 166.01       Purpose.
NR 166.02       Applicability.
NR 166.03       Definitions.
Subchapter II — Financial assistance
NR 166.04       Types of financial assistance available.
NR 166.05       Annual funding policy, project priority list and funding list.
NR 166.06       Project eligibility.
NR 166.07       Cost eligibility.
NR 166.08       Notice of intent to apply.
NR 166.09       Engineering report.
NR 166.10       Application.
NR 166.11       Financial assistance requirements.
NR 166.12       Procurement.
NR 166.13       Loan interest rates.
NR 166.14       Financial assistance agreement conditions.
NR 166.15       Financial management.
NR 166.16       Financial assistance disbursements.
NR 166.17       Amendments to financial assistance agreement.
NR 166.18       Disputes.
NR 166.19       Records and records retention.
NR 166.20       Breach of contract.
NR 166.21       Noncompliance.
NR 166.22       Variances.
Subchapter III — Priority Scoring and Ranking System
NR 166.23       Priority scoring criteria.
NR 166.24       Procedure for determining and updating project priority scores.
NR 166.25       Project ranking system.
Ch. NR 166 Note Note: Chapter NR 166 was created as an emergency rule effective March 18, 1998. Chapter NR 166 as it existed on December 31, 2001 was repealed and a new chapter NR 166 was created effective January 1, 2002. Chapter NR 166 as it existed on May 31, 2007 was repealed and a new chapter NR 166 was created Register May 2007 No. 617, effective June 1, 2007.
subch. I of ch. NR 166 Subchapter I — General
NR 166.01 NR 166.01 Purpose. The purposes of this chapter are all of the following:
NR 166.01(1) (1) Establish rules under ss. 281.59 and 281.61, Stats., for the implementation and administration of a financial assistance program to plan, design, construct or modify public water systems.
NR 166.01(2) (2) Establish a priority system for the distribution of safe drinking water loan program financial assistance as provided in s. 281.61, Stats.
NR 166.01 Note Note: All forms necessary for financial assistance under this chapter may be acquired at no charge from the Department of Natural Resources, Bureau of Community Financial Assistance, 101 S. Webster St., P.O. Box 7921, Madison, Wisconsin 53707–7921. The forms are also available on the Department of Natural Resources website.
NR 166.01 History History: CR 06-023: cr. Register May 2007 No. 617, eff. 6-1-07.
NR 166.02 NR 166.02 Applicability. This chapter applies to all applicants for and recipients of financial assistance to plan, design, construct or modify public water systems made pursuant to ss. 281.59 and 281.61, Stats. Compliance with the applicable requirements of this chapter is a prerequisite to receiving financial assistance under ss. 281.59 and 281.61, Stats.
NR 166.02 History History: CR 06-023: cr. Register May 2007 No. 617, eff. 6-1-07.
NR 166.03 NR 166.03 Definitions. In this chapter:
NR 166.03(1) (1) "Action level" or "AL" is the concentration of lead or copper in water which determines, in some cases, the treatment requirements that a public water system is required to complete.
NR 166.03(3) (3) "Applicant" means any local governmental unit that applies for financial assistance under ss. 281.59 and 281.61, Stats.
NR 166.03(4) (4) "Approval" means the written approval of the department.
NR 166.03(5) (5) "Biennial finance plan" means the proposed plan described in s. 281.59 (3), Stats.
NR 166.03 Note Note: The biennial finance plan is an estimate of wastewater treatment, safe drinking water and land recycling project needs of the state and available financial assistance, and other information for the 4 state fiscal years of the next 2 biennia. The plan is jointly prepared by the department and DOA by October 1 of each even–numbered year.
NR 166.03(6) (6) "Breach of contract" means the failure of the local governmental unit to comply with any of the following:
NR 166.03(6)(a) (a) The terms and conditions of the financial assistance agreement.
NR 166.03(6)(b) (b) The terms and conditions of the municipal or local governmental unit obligation resolution which is required by the financial assistance agreement and which authorizes the issuance and sale of bonds or notes to the safe drinking water loan program.
NR 166.03(7) (7) "Census block" means the smallest entity for which the U.S. census bureau collects and tabulates decennial census information.
NR 166.03(8) (8) "Census designated place" means a statistical entity defined for each decennial census according to U.S. census bureau guidelines for the purpose of presenting census data for a concentration of population, housing and commercial structures that is locally identifiable by name, but is not within an incorporated place.
NR 166.03(9) (9) "Change order" means an action that specifies and justifies a change to a construction contract that alters the time of completion, the total price or both.
NR 166.03(10) (10) "Community water system" means a public water system which serves at least 15 service connections used by year–round residents or regularly serves at least 25 year–round residents. Any water system serving 7 or more homes, 10 or more mobile homes, 10 or more apartment units or 10 or more condominium units shall be considered a community water system unless information is provided by the owners indicating that 25 year–round residents will not be served.
NR 166.03(11) (11) "Construction" means any of the following:
NR 166.03(11)(a) (a) Building or modifying a water system, or purchasing a package water system.
NR 166.03(11)(b) (b) Inspecting or supervising any of the activities under par. (a).
NR 166.03(12) (12) "Contaminant" means any physical, chemical, biological or radiological substance or matter in water.
NR 166.03(13) (13) "Debt" means a financial liability that is subject to repayment and incurred to fund a project, including, but not limited to, liabilities in the form of bond anticipation notes, general obligation bonds, revenue bonds, general obligation promissory notes, certificates of indebtedness and special assessment bonds.
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