NR 162.49(3)
(3)
Storm water management projects. The following factors, when applied to storm water projects in accordance with s.
NR 162.50, shall determine the priority scoring for CWFP financial assistance pursuant to s.
281.58, Stats.:
NR 162.49(3)(a)
(a)
Project type score. The following points shall be awarded to each storm water project:
NR 162.49(3)(a)2.
2. Twenty-five points shall be awarded to a storm water project in a non-permitted municipality.
NR 162.49(3)(a)3.
3. Five points shall be awarded for a project for construction or replacement of runoff treatment works that violate a permit issued under ch.
283, Stats., or that has been the subject of an enforcement action pursuant to s.
281.98, Stats., for violation of a performance standard. This includes eligible projects or costs identified under s.
NR 162.22 (1) and
(2).
NR 162.49(3)(b)
(b)
Human health score. Ten points shall be awarded to a storm water project that includes pretreatment of contaminants before discharging to groundwater through an infiltration system.
NR 162.49(3)(c)
(c)
Water quality score. Storm water projects may be awarded water quality points based on data from the use of models as approved by the department as follows:
NR 162.49(3)(c)1.
1. Connected drainage areas associated with storm water projects shall be awarded the following points:
NR 162.49(3)(c)1.a.
a. Ten points for projects for which the overall percentage of the drainage area connected to high density impervious surfaces, such as commercial strip malls, commercial downtowns, or shopping centers, is 80 percent or greater.
NR 162.49(3)(c)1.b.
b. Five points for projects for which the overall percentage of the drainage area connected to medium density impervious surfaces, such as schools, high density residential, mobile homes, freeways, multifamily housing, light industrial, hospitals, or office parks, is 40 percent to 79 percent impervious.
NR 162.49(3)(c)1.c.
c. One point for projects for which the overall percentage of the drainage area connected to low density impervious surfaces, such as open spaces, suburban areas, parks, cemeteries, and low or medium density residential areas, is less than 40 percent impervious.
NR 162.49(3)(c)2.
2. Storm water projects that provide TSS removal shall be awarded the following points:
NR 162.49(3)(c)3.
3. Storm water projects that include the following features shall be awarded the following points:
NR 162.49(3)(c)3.b.
b. Three points for mechanical nutrient removal technology or other green technology.
NR 162.49(4)
(4)
Population. The department shall add a population score to projects that have the same score as other projects within their project category. The population score is one minus the logarithm to the base 10 of the residential population of the municipality served by the project, divided by 10.
Population score = 1 -
log 10 residential population
10
NR 162.49(5)
(5)
Intended use plan. The department may include additional or modify existing scoring criteria in the annual CWFP intended use plan.
NR 162.49 Note
Note: The intended use plan is required of the department by the U.S. environmental protection agency as part of the application package for the federal capitalization grant for the CWFP.
NR 162.49 History
History: CR 22-045: cr.
Register October 2023 No. 814, eff. 11-1-23; correction in (3) (c) (intro.), 1. a. made under s.
35.17, Stats.,
Register October 2023 No. 814.
NR 162.50(1)(1)
A project priority score shall be assigned to each project for which a completed priority evaluation and ranking form is submitted under s.
NR 162.51. The project priority score is based on the additive of each criterion within the project category for the project. Each project shall be scored under only one of s.
NR 162.49 (1),
(2), or
(3).
NR 162.50(2)
(2) The municipality shall submit documentation as determined by the department to support the points claimed in the priority evaluation and ranking form. If documentation to support points that may be awarded for a particular factor is not submitted at the time of submittal of the priority evaluation and ranking form, zero points shall be awarded for that particular factor.
NR 162.50 History
History: CR 22-045: cr.
Register October 2023 No. 814, eff. 11-1-23.
NR 162.51
NR 162.51 Procedure for determination and reevaluation of project priority score. NR 162.51(1)(1)
A municipality intending to apply for clean water fund program assistance for a project shall submit to the department project priority evaluation and ranking information, including supporting documentation, in the department's online format and by the date required by the department.
NR 162.51(2)
(2) Upon completion of the review and determination of a priority score, the department shall notify the applicant in writing that the determination is available.
NR 162.51 Note
Note: Email notification by the department of the availability of project priority scores on the web meets this requirement.
NR 162.51(3)
(3) The department may review and, if necessary under the requirements of this chapter, recalculate priority scores to ensure accuracy and timeliness of information. This includes reviewing a priority score when an applicant determines it will not construct the full scope of the project described in an intent to apply submittal or described through the points requested with the priority evaluation and ranking form information originally submitted for the project for the applicable state fiscal year. If the department finds an error made by the applicant or the department in a priority evaluation and ranking form, the department may revise the project priority score to correct the error at any time during which the priority evaluation and ranking form is valid. The department shall notify an applicant in writing if the department changes the priority score of any of the applicant's projects.
NR 162.51(4)
(4) If the applicant objects to the department's determination of the priority score in sub.
(2) or
(3), the applicant may request a reevaluation of the priority score with its application submittal for the state fiscal year for which the priority evaluation and ranking form is valid. The reevaluation request shall state the specifics of the objection. The applicant shall submit any new information that supports the objection and shall provide the priority score the applicant believes should be awarded the project based on this new information. When reevaluating the project priority score, the department shall consider new information only if the new information did not exist at the time of the original submittal.
NR 162.51(5)
(5) Upon receipt of a reevaluation request under sub.
(4), the department shall reevaluate its determination of the project priority score and shall notify the applicant of the results of the reevaluation. If the department denies the requested priority score, it shall state the reasons in writing.
NR 162.51(6)
(6) If the scope of a project changes after the department notifies the applicant of the reevaluation results, the department may recalculate the priority score based on the revised scope of the project.
NR 162.51 History
History: CR 22-045: cr.
Register October 2023 No. 814, eff. 11-1-23.
NR 162.52(1)(1)
The department shall maintain a project priority list that ranks the projects for which priority scores have been determined. The projects shall be ranked in the order of descending priority score, with the project with the highest priority score ranked first.
NR 162.52(2)
(2) If 2 or more projects have the same whole number priority score, the project serving the smaller population, as based on the population factor score, shall be considered to have the higher priority.
NR 162.52(3)
(3) The department shall prepare a project priority list and shall use it for prioritizing clean water fund program financial assistance to eligible projects.
NR 162.52 History
History: CR 22-045: cr.
Register October 2023 No. 814, eff. 11-1-23.
