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.
NR 167.03(19) (19) “Site" has the meaning specified in s. 281.60 (1) (e), Stats.
NR 167.03 Note Note: Sec. 281.60 (1) (e), Stats., defines “site or facility" as an approved facility, an approved mining facility, a nonapproved facility, a waste site or a spill site.
NR 167.03(20) (20) “Woman owned business" means an independent business concern which is at least 51% owned by a woman or women who also control and operate it.
NR 167.03 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.04 NR 167.04Types of financial assistance. The department and DOA may provide the following types of financial assistance:
NR 167.04(1) (1) Loans with below market interest rates to finance project costs.
NR 167.04(2) (2) Purchase or refinance debt obligations of a political subdivision if the obligation was incurred to finance the cost of an eligible project and the obligation was initially incurred after May 17, 1988, pursuant to internal revenue service reimbursement regulations covering the use of tax exempt bond or note proceeds.
NR 167.04(3) (3) A financial guarantee or insurance to provide credit market access or to reduce the interest cost on commercial market debt issues used to finance an eligible project.
NR 167.04 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.05 NR 167.05Eligible project. A political subdivision may be eligible to receive financial assistance for eligible costs of a project under this chapter if all of the criteria in s. 281.60 (2), Stats., are met and the project qualifies as a remedial action and is part of a remedial action options report that has been reviewed and approved by the department.
NR 167.05 Note Note: The criteria for eligibility for financial assistance in s. 281.60 (2), Stats., are as follows:
NR 167.05 Note (1) The project is to remedy environmental contamination of landfills, sites or facilities.
NR 167.05 Note (2) The landfill, site or facility has environmental contamination which has affected groundwater or surface water or threatens to affect groundwater or surface water.
NR 167.05 Note (3) The political subdivision owns the landfill, site or facility.
NR 167.05 Note (4) The environmental contamination to be remedied was not caused by the political subdivision. This criterion does not apply where the site is a landfill.
NR 167.05 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.06 NR 167.06Project costs.
NR 167.06(1) (1) Eligible costs. The following project costs or portions of project costs are eligible for financial assistance under this chapter:
NR 167.06(1)(a) (a) Reasonable and necessary project costs associated with environmental assessments and preparing a site investigation report in accordance with s. NR 716.15, when such a report has been followed by submittal of a remedial action options report prepared in accordance with s. NR 722.13.
NR 167.06(1)(b) (b) Reasonable and necessary project costs associated with constructing the selected remedial action in accordance with ch. NR 724.
NR 167.06(2) (2) Ineligible costs. The following project costs or portions of project costs are not eligible for financial assistance under this chapter:
NR 167.06(2)(a) (a) Land acquisition.
NR 167.06(2)(b) (b) Fines and penalties for violations.
NR 167.06(2)(c) (c) Costs outside the scope of the project.
NR 167.06(2)(d) (d) Ordinary operating expenses of local government.
NR 167.06(2)(e) (e) Ordinary site maintenance.
NR 167.06(2)(f) (f) Personal injury compensation or damages arising out of the project.
NR 167.06(2)(g) (g) Remedial investigation costs when a remedial options report has not been approved.
NR 167.06(2)(h) (h) Private well replacement.
NR 167.06 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.07 NR 167.07Priority criteria and scoring system.
NR 167.07(1)(1)Purpose. The priority criteria and scoring system establishes a means to numerically rank all LRLP project applications. If funds are insufficient to fund all approved projects in a year, funding will be awarded on the basis of the assigned numerical rank of each project.
NR 167.07 Note Note: Sec. 281.60 (8) (a), Stats., specifies that no more than 40% of the available funds in each fiscal year may be allocated to landfill remediation projects, and in any biennium no eligible applicant may receive more than 25% of the available PV subsidy established for that biennium.
NR 167.07 Note Note: Rankings are based on a project's potential to reduce environmental pollution and threats to human health, and, for sites that are not landfills, the extent to which the project will prevent the development of undeveloped land by making land available for redevelopment after cleanup.
NR 167.07(2) (2)Priority & scoring system criteria. An LRLP project application shall be assigned a priority score determined as follows:
NR 167.07(2)(a) (a) A site which has impacted one or more public water supply wells or private drinking water supply wells above maximum contaminant levels as specified in ch. NR 809, shall be assigned 31 points.
NR 167.07(2)(b) (b) A site which has impacted groundwater above preventive action limits of the public health groundwater quality standards as specified in ch. NR 140, shall be assigned 5 points; an additional 5 points shall be assigned to a site which has impacted groundwater above enforcement standards of public health groundwater quality standards as specified in ch. NR 140.
NR 167.07(2)(c) (c) A site which has soil or sediment contamination based upon any investigation done pursuant to s. NR 720.05 (1), shall be assigned 5 points.
NR 167.07(2)(d) (d) A site where an agreement has been executed between the municipality and a private developer shall be assigned 5 points.
NR 167.07(2)(e) (e) A site shall be assigned the following points based on the size of the site:
NR 167.07(2)(e)1. 1. Less than one acre = 1 point
NR 167.07(2)(e)2. 2. Greater than 1 acre, but not greater than 3 acres = 2 points
NR 167.07(2)(e)3. 3. Greater than 3 acres, but not greater than 4 acres = 3 points
NR 167.07(2)(e)4. 4. Greater than 4 acres, but not greater than 5 acres = 4 points
NR 167.07(2)(e)5. 5. Greater than 5 acres = 5 points
NR 167.07(2)(f) (f) A site that is consistent with a municipally adopted plan for renewal or redevelopment shall be assigned 5 points.
NR 167.07(2)(g) (g) A site that is within an area specially designated for tax incentives or targeted public funding, including BEAP site, tax increment financing district, enterprise zone, business improvement district, or community development block grant target area, shall be assigned 5 points.
NR 167.07(2)(h) (h) A site that where a portion of the remediation is being funded by the Wisconsin environmental fund pursuant to ss. 292.31 (1) to (8) and 292.11 (3), Stats., shall be assigned 1 point.
NR 167.07(2)(i) (i) A site that is designated a U. S. environmental protection agency removal site shall be assigned 1 point.
NR 167.07(2)(j) (j) A site where remediation of environmental contamination will improve environmental justice shall be assigned 1 point.
NR 167.07(2)(k) (k) A site that has impacted a surface water or wetland that is designated an outstanding resource water under s. NR 102.10, an exceptional resource water under s. NR 102.11, a state or federal wildlife refuge, a state natural area or a special designated environmentally sensitive area shall be assigned 2 points.
NR 167.07 Note Note: Examples of environmentally sensitive areas include environmentally sensitive areas and environmental corridors identified in area-wide water quality management plans, special area management plans (SAMP), special wetland inventory studies (SWIS), advanced delineation and identification studies (ADID), areas identified in a comprehensive outdoor recreation plan (CORP), riverway plan, and areas designated as environmentally sensitive by the United States environmental protection agency.
NR 167.07(2)(L) (L) A site shall be assigned a population score based on the total population of the municipality as follows:
The Population Score (PS) = 1- [log 10 municipal population] 10
NR 167.07(3) (3)Priority list. Each year the department shall establish a priority list that ranks each project application based on the scoring system contained in sub. (2).
NR 167.07 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.08 NR 167.08Notice of intent to apply.
NR 167.08(1) (1) A political subdivision shall submit to the department a notice of its intent to apply for financial assistance as specified in s. 281.60 (3) (a), Stats. The notice shall be filed with the department by December 31, if funding will be requested within the following fiscal year beginning July 1. The notice shall be in a form prescribed by the department and the DOA.
NR 167.08(2) (2) The department may waive the requirements under sub. (1) as specified in s. 281.60 (3) (a), Stats.
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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.