NR 162.03 Note Note: Individual wastewater treatment systems may include cluster systems, mound systems, holding tanks, septic tanks, pipes to transport wastewater, and other alternative systems for small communities.
NR 162.03(2)(b) (b) The access required in par. (a) 3. shall be established through easements, covenants running with the land, or local 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 162.03(3) (3)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 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 162.03(3)(a) (a) A WPDES storm water permit issued under subch. I of ch. NR 216.
NR 162.03(3)(b) (b) A performance standard.
NR 162.03(3)(c) (c) A storm water management plan or other applicable plan approved by the department for purposes of managing runoff.
NR 162.03(4) (4)Individual storm water projects.
NR 162.03(4)(a)(a) A project that is eligible under sub. (3) may consist of individual systems that treat runoff and serve one or more properties if the municipality:
NR 162.03(4)(a)1. 1. Owns each individual BMP.
NR 162.03(4)(a)2. 2. Is responsible for the proper installation, operation and maintenance of each individual BMP.
NR 162.03(4)(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 162.03(4)(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 162.03(4)(a)5. 5. Complies with all other applicable requirements, limitations, and conditions for projects funded under this chapter.
NR 162.03(4)(b) (b) The access required in par. (a) 3. shall be established through easements, covenants running with the land, or ordinance.
NR 162.03(4)(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 162.03(5) (5)Ineligible projects. The department may determine that an entire project or a portion of a project is ineligible for CWFP financial assistance. If the department determines that a portion of a scored project is ineligible, it shall specifically identify the ineligible portions and the associated costs, or prorate the amount of financial assistance provided to reflect the appropriate proportion of eligible to ineligible project costs, or both, in the financial assistance agreement. The following types of projects or portions of projects are not eligible to receive financial assistance under this chapter:
NR 162.03(5)(a) (a) Projects of a municipality that is failing to substantially comply with conditions or requirements of s. 281.58 or s. 281.59, Stats., ch. Adm 35, ch. NR 162, an existing financial assistance agreement with the CWFP, a financial assistance agreement with the safe drinking water loan program under s. 281.61, Stats., or the terms of a federal or state grant used to pay the costs to plan, design, or construct a treatment works or BMP.
NR 162.03(5)(b) (b) 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 162.03(5)(c) (c) Public sanitary sewer mains, interceptors, and individual systems that exclusively serve development not in existence as of the date the department receives an application submitted by a municipality under this chapter.
NR 162.03(5)(d) (d) 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 162.03(5)(e) (e) Dams, pipes, conveyance systems, and BMPs, including storm sewer rerouting and land acquisition, when intended solely for drainage and flood control.
NR 162.03(5)(f) (f) In accordance with s. 281.58 (8) (d), Stats., a project of an unsewered municipality that does not own and is not constructing a treatment plant and will be disposing of wastewater in the treatment work of another municipality, unless it executes an agreement under s. 66.0301, Stats., with another municipality that will receive, treat, and dispose of the wastewater of the unsewered municipality.
NR 162.03 History History: CR 14-043: cr. Register June 2015 No. 714, eff. 7-1-15.
NR 162.04 NR 162.04Cost eligibility.
NR 162.04(1) (1)Eligible costs.
NR 162.04(1)(a)(a) Eligible at a subsidized rate. Allocable project-specific costs that are necessary and reasonable are eligible for financial assistance. Eligible costs include any of the following items and activities when specific to the scored project scope, or when approved by the department after being identified in the application as necessary for efficient operation of or the integrity of the overall treatment works or BMP and having de minimis cost:
NR 162.04(1)(a)1. 1. `Abandonment.' Abandonment of treatment works if approved in the plans and specifications of a scored project or by department staff, including activities such as demolition, re-landscaping, and removal and disposal of municipal waste or other debris.
NR 162.04(1)(a)2. 2. `Access roads.' Construction of roadways necessary to provide appropriate access to facilities such as lift stations and treatment plants.
NR 162.04(1)(a)3. 3. `Acquisition of facilities.' Costs associated with acquiring facilities of an existing treatment works or BMP if the municipality will own, operate, and maintain the facilities throughout the term of the financial assistance agreement.
NR 162.04(1)(a)4. 4. `Administrative buildings and equipment.' Buildings, offices, and office equipment and furnishings used for purposes of operating a treatment works, such as administration and storage buildings, if included in the approved plans and specifications or otherwise approved by department staff. The department may prorate costs for buildings, offices, and office equipment and furnishings that are partially used for purposes not related to the treatment works.
NR 162.04(1)(a)5. 5. `Administrative costs of a commission.' Administrative, legal, and other costs incurred by a commission solely for the scored project if identifiable in a contract or agreement between the member municipalities.
NR 162.04(1)(a)6. 6. `Compliance with state and federal requirements.' Costs incurred for activities associated with complying with state and federal requirements related to the scored project.
NR 162.04 Note Note: May include any of the following: Americans with Disabilities Act design and construction; green project reserve documentation; Davis-Bacon and related acts administration or other activities associated with wage rate requirements; DBE solicitation and documentation; activities associated with the use of American iron and steel; environmental review of project sites and other activities related to ch. NR 150 compliance, including costs of public notices and hearings; historical, architectural, archaeological, and cultural resources work identified during planning, design, or construction of the project and incurred prior to project closeout; signage requirements, including on a website or at a drinking water facility or project site; audit activities related to the federal single audit act portion of the municipality's annual audit report until the project is complete.
NR 162.04(1)(a)7. 7. `Construction activities.' Activities defined in s. NR 162.003 (17) and included in construction contracts or performed by force account, including any of the following:
NR 162.04(1)(a)7.a. a. Replacing, repairing, or rehabilitating a treatment works or BMP if identified in the plans and specifications as cost-effective and necessary.
NR 162.04(1)(a)7.b. b. Restoring streets and rights-of-way, and repairing damage to items such as pavement, sidewalks, watermains, and storm sewers necessary as a result of construction of the scored project.
NR 162.04(1)(a)7.c. c. Punch list item activities.
NR 162.04(1)(a)7.d. d. Acquiring, consuming, or expending materials.
NR 162.04(1)(a)7.e. e. Obtaining products that comply with federal requirements to use American iron and steel in CWFP projects.
NR 162.04(1)(a)7.f. f. Other capital costs incurred solely for purposes of the scored project.
NR 162.04(1)(a)8. 8. `Demolition.' Demolishing existing structures if the demolition is part of a scored project and at least one of the following applies:
NR 162.04(1)(a)8.a. a. The existing structure is part of the treatment works.
NR 162.04(1)(a)8.b. b. The existing structure is part of a BMP project.
NR 162.04(1)(a)8.c. c. The demolition is needed for site preparation.
NR 162.04(1)(a)8.d. d. The demolition is included in abandonment procedures as approved in the plans and specifications of the scored project or when otherwise approved by department staff.
NR 162.04(1)(a)9. 9. `Discharge monitoring.' The cost of equipment owned or to be owned by the municipality for monitoring, sampling, and analyzing industrial discharges to a municipal wastewater treatment works, or illicit discharges to a runoff treatment works or BMP.
NR 162.04(1)(a)10. 10. `Easements and rights-of-way.' Acquisition of easements and rights–of–way, including purchase cost, and administrative and legal expenses.
NR 162.04(1)(a)11. 11. `Equipment and tools.' Equipment and tools, the costs of which the department may prorate if the municipality intends to use these items for multiple purposes rather than solely for the treatment works or BMP. Eligible equipment and tools include any of the following:
NR 162.04(1)(a)11.a. a. Mobile equipment, such as portable stand-by generators, portable emergency pumps, and grounds and maintenance equipment for mowing and snow removal, for the treatment works or BMP.
NR 162.04(1)(a)11.b. b. Spare parts, if included in the plans and specifications or otherwise approved by the department.
NR 162.04(1)(a)11.c. c. Tools necessary for operations and maintenance of the treatment works or BMP, including specialized tools for specific purposes, site and building maintenance tools such as wheelbarrows, lawn sprinklers, weed trimmers, hoses, shovels, rakes, and other basic tools such as trash cans, brooms, flashlights, and multiple-use hand tools.
NR 162.04(1)(a)11.d. d. Machinery for manufacturing or repairing necessary tools or equipment for the treatment works or BMP.
NR 162.04(1)(a)11.e. e. Computers and related equipment, including purchasing, installing, programming, or upgrading computers, printers, control systems, and other computer-related equipment necessary for operating and maintaining the treatment works or BMP. This includes equipment and systems for accounting, billing, public notification, testing, monitoring, reporting, emergency alerts, communications, and supervisory control and data acquisition.
NR 162.04(1)(a)12. 12. `Fees.' Fees paid by the municipality for any of the following:
NR 162.04(1)(a)12.a. a. Permits obtained for construction, including building, electrical, and plumbing permits, construction site storm water permits, and railroad crossing permits.
NR 162.04(1)(a)12.b. b. Legal fees of an attorney that is not an on-staff municipal attorney, including costs of legal reviews of architectural, engineering or construction contracts, user charge systems and sewer use ordinances, management plans, intermunicipal agreements, and legal work necessary for securing eligible permits.
NR 162.04(1)(a)12.c. c. Service fees paid to a state or federal agency, except administrative fees paid annually along with principal and interest payments on a CWFP loan.
NR 162.04(1)(a)13. 13. `Groundwater monitoring.' Installing groundwater monitoring equipment or facilities.
NR 162.04(1)(a)14. 14. `Insurance.' Purchasing insurance necessary during construction of the scored project, including property, liability, builders risk, and construction insurance.
NR 162.04(1)(a)15. 15. `Interim financing.' Costs associated with interim financing for the scored project as delineated in sub. (3).
NR 162.04(1)(a)16. 16. `Laboratories.' Laboratory equipment, chemicals, and supplies related to initial setup, upgrade, or expansion of the laboratory.
NR 162.04(1)(a)17. 17. `Land Acquisition.' Acquiring land, including purchase cost and administrative and legal expenses if at least one of the following applies:
NR 162.04(1)(a)17.a. a. The land will be used for storage of treated wastewater in land treatment systems before land application.
NR 162.04(1)(a)17.b. b. The land will be used for composting or temporary storage of compost residues that result from wastewater treatment if the department has approved a program for use of the compost.
NR 162.04(1)(a)17.c. c. The land is property on which the BMP, treatment works, biosolids facility or lift stations will be located, including urban corridors needed to support integrated systems of a treatment works or BMP for urban runoff.
NR 162.04(1)(a)17.d. d. The land will serve to isolate a treatment facility as required under s. NR 110.15 (3) (d).
NR 162.04(1)(a)17.e. e. The land will be used for sludge spreading.
NR 162.04(1)(a)17.f. f. The land is the property on which individual systems are or will be located if the systems are publicly-owned and maintained.
NR 162.04 Note Note: If the CWFP has only federal funds available for providing financial assistance for a project, the department may only fund land acquisition for land that is “integral to the treatment process," as defined by the U.S. environmental protection agency.
NR 162.04(1)(a)20. 20. `Lines to public sewer mains.' Pumping units and pressurized lines from the pumping units to the public sanitary sewer main, or holding and septic tanks and their sewer lines to the public sanitary sewer main, that are included in a sewage collection system, are cost–effective, and are owned and maintained by the applicant municipality.
NR 162.04(1)(a)21. 21. `Management plans.' Developing a detailed management plan for a scored project or, if eligible as an activity with de minimis cost, for a larger portion of a treatment works or BMP.
NR 162.04(1)(a)22. 22. `Municipal staff, equipment, and materials.' Municipal expenses incurred solely for the scored project and documented by the municipality as force account, including any of the following:
NR 162.04(1)(a)22.a. a. Salary and benefits of municipal employees, except elected officials or on-staff attorneys, for time spent working directly on the scored project.
NR 162.04(1)(a)22.b. b. Expendable material costs incurred by the municipality.
NR 162.04(1)(a)22.c. c. Estimated costs incurred using equipment owned by the municipality.
NR 162.04(1)(a)23. 23. `Municipally owned facilities on private property.' Grinder pumps, sewer laterals, service connections, service branches, risers and riser pipes, when municipally owned and municipally maintained.
NR 162.04(1)(a)24. 24. `Pretreatment or toxicity reduction.' Developing a municipal pretreatment or toxicity reduction program and constructing facilities to be used by the municipal treatment works or BMP in the program, including monitoring equipment.
NR 162.04(1)(a)25. 25. `Professional services.' Engineering, architectural, legal, and other professional services and fees, including any of the following:
NR 162.04(1)(a)25.a. a. Conducting value engineering studies or analyses during the design phase.
NR 162.04(1)(a)25.b. b. Conducting system evaluations and studies.
NR 162.04(1)(a)25.c. c. Developing facilities plans and engineering reports.
NR 162.04(1)(a)25.d. d. Preparing and submitting plans and specifications.
NR 162.04(1)(a)25.e. e. Preparing, printing, and distributing bidding documents.
NR 162.04(1)(a)25.f. f. Gathering documents and information for, and completing, the CWFP financial assistance application or interest rate subsidy application, and other forms required for financial assistance.
NR 162.04(1)(a)25.g. g. Developing or revising an operations and maintenance manual.
NR 162.04(1)(a)25.h. h. Preparing a plan of operation for the project.
NR 162.04(1)(a)25.i. i. Advertising for and conducting bid lettings.
NR 162.04(1)(a)25.j. j. Analyzing bids, preparing award recommendations, and preparing contracts.
NR 162.04(1)(a)25.k. k. Providing construction management, observation, and inspection.
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.