NR 162.39(3)(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 162.39(3)(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 the groundwater where required by the department.
NR 162.39(3)(a)5. 5. Complies with all other applicable requirements, limitations, and conditions for projects funded under this subchapter.
NR 162.39(3)(b) (b) The access required in par. (a) 3. shall be established through easements, covenants running with the land, or 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 162.39(4) (4)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 project 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 162.39(4)(a) (a) A WPDES storm water permit issued under subch. I of ch. NR 216.
NR 162.39(4)(b) (b) A performance standard.
NR 162.39(4)(c) (c) A storm water management plan or other applicable plan approved by the department for purposes of managing runoff.
NR 162.39(5) (5)Individual storm water projects.
NR 162.39(5)(a)(a) A project that is eligible under sub. (4) may consist of individual systems that treat runoff and serve one or more properties if the municipality:
NR 162.39(5)(a)1. 1. Owns each individual BMP.
NR 162.39(5)(a)2. 2. Is responsible for the proper installation, operation and maintenance of each individual BMP.
NR 162.39(5)(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 162.39(5)(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 162.39(5)(a)5. 5. Complies with all other applicable requirements, limitations, and conditions for projects funded under this subchapter.
NR 162.39(5)(b) (b) The access required in par. (a) 3. shall be established through easements, covenants running with the land, or ordinance.
NR 162.39(5)(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 162.39(6) (6)Ineligible projects. The following projects or portions of projects are not eligible to receive financial assistance under this subchapter:
NR 162.39(6)(a) (a) Projects that are found ineligible for financing by the BCPL.
NR 162.39(6)(b) (b) Projects of a municipality that is failing to substantially comply with applicable conditions or requirements of s. 281.58 or 281.59, Stats., ch. Adm 35, this chapter, an existing financial assistance agreement with the CWFP or Wisconsin's safe drinking water loan program under s. 281.61, Stats., or an interest rate subsidy agreement, or with the terms of a federal or state grant used to pay the costs to plan, design, or construct a treatment works or BMP.
NR 162.39(6)(c) (c) 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 162.39(6)(d) (d) Public sanitary sewer mains, interceptors, and individual systems that exclusively serve development not in existence as of the date the department receives an interest rate subsidy application submitted by a municipality under this subchapter.
NR 162.39(6)(e) (e) 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 162.39(6)(f) (f) Dams, pipes, conveyance systems, and BMPs, including storm sewer rerouting and land acquisition, when intended solely for drainage and flood control.
NR 162.39(6)(g) (g) Projects in an unsewered municipality that will be disposing of wastewater in the treatment works of another municipality and has not executed an intermunicipal agreement under s. 66.0301, Stats., with the other municipality to receive, treat and dispose of the wastewater.
NR 162.39(6)(h) (h) Projects that have been substantially complete for 3 years or longer.
NR 162.39 History History: CR 14-043: cr. Register June 2015 No. 714, eff. 7-1-15; renum. (intro.) and (1) to (5) to be (1) to (6) under s. 13.92 (4) (b) 1., Stats., correction in (1) (title) made under s. 13.92 (4) (b) 2., Stats., correction in (3) (a), (5) (a), (6) (b) made under s. 13.92 (4) (b) 7., Stats., Register June 2015 No. 714.
NR 162.40 NR 162.40Cost eligibility.
NR 162.40(1) (1)Eligible costs. Project costs described in s. NR 162.04 (1) (a) are eligible for interest rate subsidy.
NR 162.40(2) (2)Ineligible costs. Project costs described in s. NR 162.04 (1) (b) and (2) are not eligible for interest rate subsidy.
NR 162.40 History History: CR 14-043: cr. Register June 2015 No. 714, eff. 7-1-15.
NR 162.41 NR 162.41Notice of intent to apply and application.
NR 162.41(1)(1)Notice of intent to apply. A municipality that intends to apply for an interest rate subsidy shall submit to the department a notice of its intent to apply in accordance with s. NR 162.05.
NR 162.41 Note Note: An Intent to Apply form is available on the Environmental Improvement Fund website at dnr.wi.gov/Aid/EIF.html and from the Bureau of Community Financial Assistance, Department of Natural Resources, Box 7921, Madison, WI 53707-7921.
NR 162.41(2) (2)Procedures. A municipality shall apply for an interest rate subsidy in accordance with s. 281.58 (9), Stats., in the form required by the department.
NR 162.41 Note Note: An application form is available on the Environmental Improvement Fund website at dnr.wi.gov/Aid/EIF.html and from the Bureau of Community Financial Assistance, Department of Natural Resources, Box 7921, Madison WI 53707-7921.
NR 162.41(3) (3)Contents of application. The applicant shall submit a complete application. The department shall accept an application as complete after all of the following items, if applicable, are submitted to the department either in the application form or separately:
NR 162.41(3)(a) (a) Evidence of an approved facility plan or other department approved plan.
NR 162.41(3)(b) (b) Construction plans and specifications submitted to the department in accordance with chs. NR 108 and 110 that are approvable under ch. 281, Stats.
NR 162.41(3)(c) (c) A completed interest subsidy application form, including estimated or actual construction costs and replacement fund information.
NR 162.41(3)(d) (d) A proposed or an executed intermunicipal agreement, in accordance with s. NR 162.06 (2) (h), in cases where 2 or more municipalities discharge to or through the same treatment works or BMP.
NR 162.41(4) (4)Application submittal deadline. Section NR 162.06 (5) applies to applications under this subchapter.
NR 162.41(5) (5)Deadline for signing interest rate subsidy agreement. An applicant shall sign an interest rate subsidy agreement within 8 months after the date the department notifies the applicant, in writing, that the application is acceptable. An applicant shall time its submittal of the application accordingly. If an interest subsidy agreement is not signed within 8 months of the department's notification of acceptance, the applicant's project shall lose its allocated subsidy. A municipality may not submit more than one application for any single scored project in any 12-month period.
NR 162.41 History History: CR 14-043: cr. Register June 2015 No. 714, eff. 7-1-15.
NR 162.42 NR 162.42Interest rate subsidy requirements. Before awarding interest rate subsidy for any project, the department shall determine that all of the applicable requirements of s. NR 162.41 are met and that all of the following are satisfied:
NR 162.42(1) (1) The department received the following information pertaining to the applicant's BCPL loan:
NR 162.42(1)(a) (a) A copy of the loan application.
NR 162.42(1)(b) (b) A copy of the application review letter from the attorney general's office.
NR 162.42(1)(c) (c) A signed copy of the certificate of indebtedness.
NR 162.42(2) (2) The project has met the priority requirements of subch. V.
NR 162.42(3) (3) If requested by the department, the municipality submitted copies of executed engineering contracts for planning, design, and construction.
NR 162.42(4) (4) If requested by the department, the municipality submitted information related to bids and construction contracts.
NR 162.42(5) (5) The department determined the parallel cost percentage, provided plans and specifications approval to the municipality, and complied with the Wisconsin environmental policy act requirements pursuant to the procedures in ch. NR 150 for the scored project.
NR 162.42(6) (6) The applicant has the legal, institutional, managerial, and financial capability to ensure adequate construction, operation, and maintenance of the treatment work or BMP throughout the applicant's jurisdiction.
NR 162.42(7) (7) DOA determined that the municipality can meet the terms and conditions for receiving financial assistance under ch. Adm 35 and s. 281.59, Stats.
NR 162.42(8) (8) If requested by the department, the municipality submitted additional financial information required by DOA.
NR 162.42(9) (9) The applicant received, or applied for, any state permits required by the department, including those under chs. 30 and 283, Stats.
NR 162.42(10) (10) If requested by the department, the municipality submitted information regarding its user charge system and sewer use or storm water utility ordinance in addition to that required under s. NR 162.41 (3) (c).
NR 162.42(11) (11) If requested by the department, the municipality submitted other documentation or certification in support of the application.
NR 162.42 History History: CR 14-043: cr. Register June 2015 No. 714, eff. 7-1-15.
NR 162.43 NR 162.43Procurement.
NR 162.43(1) (1)Applicability. Procurement of professional services and construction contracts by recipients under this subchapter shall be in accordance with the requirements of s. NR 162.09 (1) to (3) and (5) to (7).
NR 162.43(2) (2)Utilization of minority–business enterprises and women business enterprises. Recipients are encouraged to provide DBEs, including MBEs and WBEs, the maximum feasible opportunity to compete for contracts and subcontracts and to utilize DBEs, including MBEs and WBEs, for their projects. Recipients shall provide documentation of any MBE or WBE utilization to the department.
NR 162.43 History History: CR 14-043: cr. Register June 2015 No. 714, eff. 7-1-15.
NR 162.44 NR 162.44Determination of interest rate subsidy.
NR 162.44(1)(1)General. Interest rate subsidies shall be set in accordance with s. 281.58 (8) (j) and (12) (a), Stats., and this section. Subsidies are not available for interest payments that were due the BCPL prior to the execution of an interest rate subsidy agreement with the department.
NR 162.44(2) (2)Project cost categories.
NR 162.44(2)(a)(a) The department shall classify eligible costs of projects and portions of projects according to s. NR 162.11 (1) (a) and (c).
NR 162.44(2)(b) (b) Costs described in s. NR 162.04 (1) (b) are not eligible for interest rate subsidy.
NR 162.44(3) (3)Project interest rate calculation. The department shall calculate the project interest rate according to s. NR 162.11 (2).
NR 162.44 Note Note: Section NR 162.11 (1) (b) does not apply to projects subsidized under this subchapter.
NR 162.44(4) (4)Calculation of interest rate subsidy.
NR 162.44(4)(a)(a) Only that portion of the recipient's BCPL loan that is used for a scored project is eligible for interest rate subsidy.
NR 162.44(4)(b) (b) The maximum amount of project costs eligible for interest rate subsidy is the total eligible costs of the scored project multiplied by the parallel cost percentage as determined under the applicable requirements of s. NR 162.04 (1) (c).
NR 162.44(4)(c) (c) The interest rate subsidy shall be based on the market interest rate in effect at the time the interest rate subsidy agreement is executed.
NR 162.44(4)(d) (d) The department shall calculate the interest rate subsidy as follows:
NR 162.44(4)(d)1. 1. If the interest rate charged for the loan by the BCPL is greater than or equal to the CWFP market interest rate, the interest rate subsidy is calculated as follows:
SB = RT4 – RC
where:
SB . .   is the interest rate subsidy for which the scored project is eligible under this subchapter.
RT4 . .   is the market interest rate.
RC . .   is the project interest rate, as calculated under s. NR 162.11 (2) (b).
NR 162.44(4)(d)2. 2. If the interest rate charged for the loan by the BCPL is less than the CWFP market interest rate, the interest rate subsidy is calculated as follows:
SB = RF – RC
where:
SB . .   is the interest rate subsidy for which the scored project is eligible under this subchapter.
RF . .   is the interest rate established for the project by the BCPL.
RC . .   is the project interest rate, as calculated under s. NR 162.11 (2) (b).
NR 162.44 Note Note: Annually, DOA will calculate the interest subsidy payment to a recipient based on the interest charged by the BCPL on the principal balance outstanding on the recipient's loan and as established in the interest rate subsidy agreement. The payment will be calculated as follows:
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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.