281.57 History
History: 1977 c. 418;
1979 c. 34 ss.
976g to
976wd,
2102 (39) (g);
1979 c. 221 ss.
626 to
626y,
2200 (20),
2202 (39);
1981 c. 1,
20,
174;
1983 a. 27;
1985 a. 29 ss.
1935 to
1938,
3202 (39);
1985 a. 120;
1987 a. 27,
399;
1989 a. 31,
336,
366;
1991 a. 39,
315;
1995 a. 27;
1995 a. 227 s.
424; Stats. 1995 s. 281.57;
1997 a. 27;
1999 a. 9;
1999 a. 150 s.
672;
2001 a. 16.
281.57 Cross-reference
Cross Reference: See also ch.
NR 128, Wis. adm. code.
281.58
281.58
Clean water fund program; financial assistance. 281.58(1)(ai)
(ai) "Clean water fund program" means the program administered under this section with financial management provided under
s. 281.59.
281.58(1)(b)
(b) "Enforceable requirement" means any of the following:
281.58(1)(b)1.
1. Those conditions or limitations of a permit under
ch. 283 which, if violated, could result in the initiation of a civil or criminal action under
s. 283.89.
281.58(1)(b)3.
3. If a permit under
ch. 283 has not been issued, those conditions or limitations which, in the department's judgment, would be included in the permit when issued.
281.58(1)(b)4.
4. If no permit under
ch. 283 applies, any requirement which the department determines is necessary for the best practicable waste treatment technology to meet applicable criteria.
281.58(1)(c)
(c) "Industrial user" means any of the following:
281.58(1)(c)1.
1. Any nongovernmental, nonresidential user of a publicly owned treatment work which discharges more than the equivalent of 25,000 gallons per day of sanitary wastes, other than domestic wastes or discharges from sanitary conveniences, or discharges a volume that has the weight of biochemical oxygen demand or suspended solids at least as great as the weight found in 25,000 gallons per day of sanitary waste from residential users, and which is identified in the standard industrial classification manual, 1972, federal office of management and budget, as amended and supplemented as of October 1, 1978, under one of the following divisions:
281.58(1)(c)1.d.
d. Division E: transportation, communications, electric, gas, and sanitary services.
281.58(1)(c)2.
2. Any nongovernmental user of a publicly owned treatment work which discharges wastewater to the treatment work which contains toxic pollutants or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any municipal system, to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, to create a public nuisance, or to create any hazard in or have an adverse effect on the waters receiving any discharge from the treatment works.
281.58(1)(c)3.
3. All commercial users of an individual system constructed with grant assistance under
s. 281.57.
281.58(1)(cg)
(cg) "Market interest rate" means the interest at the effective rate of a revenue obligation issued by the state to fund a project loan or a portion of a project loan under the clean water fund program.
281.58(1)(cm)
(cm) "Median household income" means median household income determined by the U.S. bureau of the census as adjusted by the department to reflect changes in household income since the most recent federal census.
281.58(1)(cs)
(cs) "Residential user" means a structure or part of a structure, including a mobile home, that is used primarily as a home, residence or sleeping place by one person or 2 or more persons maintaining a common household and that uses a publicly owned treatment work. "Residential user" does not include an institutional, commercial, industrial or governmental facility.
281.58(1)(e)
(e) "Violator of an effluent limitation" means a person or municipality that after May 17, 1988, is not in substantial compliance with the enforceable requirements of its permit issued under
ch. 283 for a reason that the department determines is or has been within the control of the person or municipality.
281.58(2)
(2) Rules. The department shall promulgate rules that are necessary for the proper execution of its responsibilities under this section.
281.58(2m)
(2m) General duties. The department shall:
281.58(2m)(a)
(a) Administer its responsibilities under the clean water fund program.
281.58(2m)(b)
(b) Have the lead state role with the U.S. environmental protection agency.
281.58(2m)(c)
(c) Cooperate with the department of administration in administering the clean water fund program.
281.58(2m)(d)
(d) Have the lead state role with municipalities in providing clean water fund program information, and cooperate with the department of administration in providing such information to municipalities.
281.58(2m)(e)
(e) Inspect periodically clean water fund project construction to determine project compliance with construction plans and specifications approved by the department and the requirements of this section and
s. 281.59 and, if applicable, of
33 USC 1251 to
1376 and
33 USC 1381 to
1387 and the regulations promulgated thereunder.
281.58(2m)(f)
(f) Submit a biennial budget request under
s. 16.42 for the clean water fund program.
281.58(3)
(3) Acceptance of federal capitalization grants. 281.58(3)(b)
(b) The department may enter into an agreement with the U.S. environmental protection agency to receive a grant for federal financial hardship assistance under
P.L. 104-134, Title III. The agreement may contain any provision required by
40 CFR part 31 or other environmental protection agency regulations that apply to grant recipients.
281.58(3m)
(3m) Biennial needs list. By May 1 of each even-numbered year, the department shall prepare and submit to the department of administration a biennial needs list that includes all of the following information:
281.58(3m)(a)
(a) A list of wastewater treatment projects that the department estimates will apply for financial assistance under the clean water fund program during the next biennium.
281.58(3m)(b)
(b) The estimated cost and estimated construction schedule of each project on the list, and the total of the estimated costs of all projects on the list.
281.58(3m)(c)
(c) The estimated rank of each project on the priority list under
sub. (8e).
281.58(6)
(6) Methods of providing financial assistance. 281.58(6)(a)(a) The department may determine whether a municipality is eligible for financial assistance under the clean water fund program for any of the following:
281.58(6)(a)1.
1. Planning, designing and constructing or replacing a treatment work.
281.58(6)(b)
(b) The following methods of providing financial assistance may be used under the clean water fund program:
281.58(6)(b)1.
1. Purchasing or refinancing the obligation of a municipality if the obligation was incurred to finance the cost of constructing a water pollution control project located in this state.
281.58(6)(b)3.
3. Guaranteeing, or purchasing insurance for, municipal obligations for the construction or replacement of a treatment work if the guarantee or insurance would improve credit market access or reduce interest rates.
281.58(6)(b)8.
8. Providing payments to the board of commissioners of public lands to reduce principal or interest payments, or both, on loans made to municipalities under
subch. II of ch. 24 by the board of commissioners of public lands for projects that are eligible for financial assistance under the clean water fund program.
281.58(7)(a)(a) The department shall, by rule, establish criteria for determining which applicants and which projects are eligible to receive financial assistance under the clean water fund program. The primary criteria for eligibility shall be water quality and public health. The rules for clean water fund projects funded from the account under
s. 25.43 (2) (a) shall be consistent with
33 USC 1251 to
1376 and
33 USC 1381 to
1387 and the regulations promulgated thereunder. The rules for clean water fund projects funded from the account under
s. 25.43 (2) (b) may be consistent with
33 USC 1251 to
1376 and
33 USC 1381 to
1387 and the regulations promulgated thereunder.
281.58(7)(b)
(b) The department may determine whether a municipality is eligible for financial assistance under the clean water fund program for any of the following types of projects:
281.58(7)(b)1.
1. Projects that the department determines are necessary to prevent a municipality from significantly exceeding an effluent limitation contained in a permit issued under
ch. 283.
281.58(7)(b)2.
2. Projects needed to provide treatment to achieve compliance with an enforceable requirement changed or established after May 17, 1988, if the project is for a municipality that is in substantial compliance with its permit, issued under
ch. 283, in regard to the changed or established enforceable requirements.
281.58(7)(b)5.
5. Projects for the treatment of nonpoint source pollution and urban storm water runoff.
281.58(7)(b)6.
6. Projects for the planning, design, construction or replacement of treatment works that violate effluent limitations contained in a permit issued under
ch. 283.
281.58(8)
(8) Ineligibility for and limitations on financial assistance. 281.58(8)(a)(a) The following are not eligible for financial assistance from the clean water fund program:
281.58(8)(a)1.
1. A person or municipality that has failed to substantially comply, as specified by the rules promulgated under
sub. (2), with the terms of a federal or state grant or loan used to pay the costs of studies, investigations, plans, designs or construction associated with wastewater collection, transportation, treatment or disposal or used to pay the cost of studies, investigations, plans, designs or construction associated with implementing a nonpoint source control management program.
281.58(8)(a)2.
2. Connection laterals and sewer lines that transport wastewater from structures to municipally owned or individually owned wastewater systems.
281.58(8)(a)3.
3. Public sanitary sewer mains, interceptors and individual systems which exclusively serve future development.
281.58(8)(a)4.b.
b. The portion of a project funded under
s. 281.59 (13) relating to a collection system, even if the costs relating to the collection system were not eligible under
s. 281.57.
281.58(8)(a)5.
5. During fiscal years 1989-90 to 1994-95, a person or municipality in violation of an effluent limitation contained in a permit issued under
ch. 283, unless that person or municipality is eligible under
s. 281.59 (13).
281.58(8)(b)1.1. Except as provided in
subd. 2. and
par. (k), the amount of reserve capacity for a project eligible for financial assistance through a method specified under
sub. (6) (b) is limited to that future capacity required to serve the users of the project expected to exist within the service area of the project 10 years after the project is estimated to become operational. The department, in consultation with the demographic services center in the department of administration under
s. 16.96, shall promulgate rules defining procedures for projecting population used in determining the amount of reserve capacity.
281.58(8)(b)2.
2. Except as provided in
par. (k), the department may not determine that a municipality is eligible for financial assistance through a method specified under
sub. (6) (b) for reserve capacity for a collection system, interceptors or an individual system project in an unsewered municipality.
281.58(8)(c)
(c) Except as provided in
par. (k), financial assistance may be provided for the design, planning and construction of a collection system, interceptor or individual system project in an unsewered municipality or an unsewered area of a municipality, only if the department finds that at least two-thirds of the initial flow will be for wastewater originating from residences in existence on October 17, 1972.
281.58(8)(d)
(d) An unsewered municipality that is not constructing a treatment work and will be disposing of wastewater in the treatment work of another municipality is not eligible for financial assistance under the clean water fund program until it executes an agreement under
s. 66.0301 with another municipality to receive, treat and dispose of the wastewater of the unsewered municipality.
281.58(8)(e)
(e) Financial assistance may be provided to a municipality for a project only if the financial assistance is used for a project that is the most cost-effective alternative for the municipality without regard to financial assistance from the federal government and this state.
281.58(8)(f)
(f) Except as provided in
par. (k), the department may not determine that a municipality is eligible for financial assistance through a method specified under
sub. (6) (b) for the portion of a project that treats wastes from industrial users.
281.58(8)(g)
(g) The sum of all of the financial assistance to a municipality approved under the clean water fund program for a project may not result in the municipality paying less than 30% of the cost of the project.
281.58(8)(h)
(h) Except as provided in
par. (k), a municipality that is a violator of an effluent limitation at the time that the application for a treatment work project is approved under
sub. (9m) may not receive financial assistance of a method specified under
sub. (6) (b) 1.,
3.,
4. or
5. for that part of the treatment work project that is needed to correct the violation. This paragraph does not apply to a municipality that after May 17, 1988, is in compliance with a court or department order to correct a violation of the enforceable requirements of its
ch. 283 permit, and that is applying for financial assistance under
s. 281.59 (13) to correct that violation.
281.58(8)(i)
(i) After June 30, 1991, no municipality may receive for projects in a biennium an amount that exceeds 35.2% of the amount approved by the legislature under
s. 281.59 (3e) (b) for that biennium.
281.58(8)(j)
(j) The amount of a payment under
sub. (6) (b) 8. may not exceed the amount of subsidy necessary to reduce the interest rate on the loan from market rate to the interest rate that would have been charged on a loan to the municipality under
sub. (6) (b) 4.
281.58(8)(k)
(k) The restrictions specified under
par. (b) 1. and
2.,
(c),
(f) or
(h) do not apply to any of the following methods of financial assistance:
281.58(8)(k)2.
2. A purchase or refinancing of an obligation at fair market value and at the market interest rate.
281.58(8)(k)3.
3. A guarantee or a purchase of insurance for a municipal obligation which will permit the municipality credit market access not otherwise available or which will reduce the interest rate on the obligation to not less than the market rate.
281.58(8e)
(8e) Priority. The department shall establish a priority list in accordance with
33 USC 1381 to
1387 which ranks each project. The ranking on the priority list shall be based on all of the following:
281.58(8e)(b)
(b) The impact of the project on groundwater and surface water quality.
