Register June 2017 No. 738
Chapter NR 167
LAND RECYCLING LOAN PROGRAM
NR 167.01   Purpose.
NR 167.02   Applicability.
NR 167.03   Definitions.
NR 167.04   Types of financial assistance.
NR 167.05   Eligible project.
NR 167.06   Project costs.
NR 167.07   Priority criteria and scoring system.
NR 167.08   Notice of intent to apply.
NR 167.09   Loan application.
NR 167.10   Funding list and allocation of funding.
NR 167.11   Financial assistance commitments.
NR 167.12   Financial assistance agreements.
NR 167.13   Limitations on reimbursement and refinancing of interim financing costs.
NR 167.14   Loan interest rate and term.
NR 167.15   Loan servicing fee.
NR 167.16   Prepayment of loan with grant awards or rebates.
NR 167.17   Sale of site or facility.
NR 167.18   Procurement.
NR 167.19   Financial assistance disbursements.
NR 167.20   Financial management.
NR 167.21   Amendments to financial assistance agreements.
NR 167.22   Disputes.
NR 167.23   Records and record retention.
NR 167.24   Breach of contract.
NR 167.25   Noncompliance.
NR 167.26   Variances.
NR 167.01 NR 167.01Purpose. The purpose of this chapter is to establish rules under ss. 281.59 and 281.60, Stats., for the implementation and administration of the land recycling loan program.
NR 167.01 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.02 NR 167.02Applicability. This chapter applies to all land recycling loan program applicants and recipients. Compliance with the applicable requirements of this chapter is a prerequisite to receiving financial assistance under ss. 281.59 and 281.60, Stats.
NR 167.02 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.03 NR 167.03Definitions. In this chapter:
NR 167.03(1) (1) “BEAP" means the brownfield environmental assessment program, as authorized in 40 CFR 300.420.
NR 167.03(2) (2) “Department" means the department of natural resources.
NR 167.03(3) (3) “DOA" means the department of administration.
NR 167.03(4) (4) “Environmental justice" means the fair treatment and meaningful involvement of all people, regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.
NR 167.03(5) (5) “Facility" means “approved facility" as defined in s. 289.01 (3), Stats., “ approved mining facility" as defined in s. 289.01 (4), Stats., “ nonapproved facility" as defined in s. 289.01 (24), Stats., and “solid waste facility" as defined in s. 289.01 (35), Stats.
NR 167.03 Note Note: Under s. 289.01 (3), Stats., “approved facility" means a “solid or hazardous waste disposal facility with an approved plan of operation under s. 289.30, Stats., or a solid waste disposal facility initially licensed within 3 years prior to May 21, 1978 for a determination by the department that the facility's design and plan of operation comply substantially with the requirements necessary for plan approval under s. 289.30, Stats." “Approved mining facility" means an approved facility which is part of a mining site, as defined under s. 289.30 (8), used for the disposal of solid waste resulting from mining, as defined under s. 293.01 (5), Stats., or prospecting as defined under s. 293.01 (12), Stats." “Nonapproved facility" means “a licensed solid or hazardous waste disposal facility which is not an approved facility." “Solid waste facility" means a “facility for solid waste treatment, solid waste storage or solid waste disposal, and includes commercial, industrial, municipal, state and federal establishments or operations such as, without limitation because of enumeration, sanitary landfills, dumps, land disposal sites, incinerators, transfer stations, storage facilities, collection and transportation services and processing, treatment and recovery facilities."
NR 167.03(6) (6) “Financial assistance" means loans, debt guarantees and purchase of insurance provided to political subdivisions under ss. 281.59 and 281.60, Stats.
NR 167.03(7) (7) “Financial assistance agreement" means an agreement between a political subdivision, the department, and DOA which provides for financial assistance to the political subdivision and contains the terms and conditions of the financial assistance.
NR 167.03(8) (8) “Fiscal year" means the fiscal year that begins July 1 of one calendar year and ends June 30 of the next calendar year.
NR 167.03(9) (9) “Force account work" means the work a municipality performs using its own employees or equipment for construction, construction-related activities, repairs or improvements to a site or facility.
NR 167.03(10) (10) “Landfill" has the meaning specified under s. 281.60 (1) (am), Stats., disposal a solid waste facility for solid waste disposal.
NR 167.03 Note Note: Sec. 281.60 (1) (am), Stats., refers to the definition in s. 289.01 (20), Stats., which defines “landfill" as a solid waste facility for solid waste disposal.
NR 167.03(11) (11) “Land recycling loan program" has the meaning specified in s. 281.60, Stats.
NR 167.03 Note Note: Sec. 281.60 (1) (b), Stats., defines “land recycling loan program" as the program administered under s. 281.60, Stats., with financial management provided by the department of administration under s. 281.59, Stats.
NR 167.03(12) (12) “LRLP" means the land recycling loan program.
NR 167.03(13) (13) “Market interest rate" has the meaning specified in s. 281.60 (1) (b), Stats.
NR 167.03 Note Note: Sec. 281.60 (1) (c), Stats., defines “market interest rate“ as the interest at the effective rate of a revenue obligation issued by this state to fund a loan or a portion of a loan for a clean water fund program project under s. 281.58, Stats.
NR 167.03(14) (14) “Minority owned business enterprise" means a sole proprietorship, partnership, joint venture or corporation that is at least 51% owned, controlled and actively managed by a minority group member or members who are U.S. citizens or persons lawfully admitted to the United States for permanent residence, as defined under 8 USC 1101(a)(20), and is performing a useful business function at the time an application is submitted.
NR 167.03(15) (15) “Political subdivision" means a city, village, town or county.
NR 167.03(16) (16) “PV subsidy" means the present value subsidy amount provided by the LRLP for projects receiving financial assistance under ss. 281.59 and 281.60, Stats., to reduce the interest rate of a loan made by the LRLP from the market interest rate to a lesser rate.
NR 167.03(17) (17) “Remedial action" has the meaning specified in s. NR 700.03 (48).
NR 167.03 Note Note: Sec. NR 700.03 (48) defines “remedial action" as those response actions, other than immediate or interim actions, taken to control, minimize, restore or eliminate the discharge of hazardous substances or environmental pollution so that the hazardous substance or environmental pollution do not present an actual or potential threat to public health, safety or welfare of the environment. The term includes actions designed to prevent, minimize, stabilize or eliminate the threat of discharged hazardous substances, and actions to restore the environment to the extent practicable and meet all applicable environmental standards. Examples include storage, disposal, containment, treatment, recycling or reuse, and any monitoring required to assure that such actions protect public health, safety and welfare and the environment.
NR 167.03(18) (18) “Remedial action options report" has the meaning specified in s. NR 700.03 (49).
NR 167.03 Note Note: Sec. NR 700.03 (49) defines “remedial action options report" as a report which identifies and evaluates various remedial action options with the goal of selecting an option in compliance with the requirements of s. NR 722.11.
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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.