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.
NR 167.08 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.09 NR 167.09Loan application.
NR 167.09(1) (1) After submitting a notice of intent to apply, or obtaining a department waiver of that requirement, a political subdivision may submit an application for LRLP financial assistance to the department as specified in s. 281.60 (5), Stats. The application shall be in the form and include the information required by the department and DOA. An applicant may not submit more than one application per project per year.
NR 167.09(2) (2) The political subdivision shall submit the application on or before the date established by the department.
NR 167.09 Note Note: For the 1997-1999 biennium the application date shall be after the rule is in effect, but thereafter the department may establish a different application date following sufficient public notice.
NR 167.09(3) (3) The department may approve an application only after all of the criteria in s. 281.60 (7), Stats., are met.
NR 167.09 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register April 2011 No. 664.
NR 167.10 NR 167.10Funding list and allocation of funding.
NR 167.10(1)(1) The department shall establish one funding list for each fiscal year that ranks projects of political subdivisions that submit approved applications to the department. All projects shall be ranked according to the priority criteria and scoring system contained in s. NR 167.07. If sufficient funds are not available to fund all approved loan applications, funding will be offered in the order established by the funding list, except as provided in s. 281.60 (8), Stats.
NR 167.10(2) (2) If funding is allocated for a project loan, but the loan is not closed within 12 months of the date that funding is allocated, DOA shall release the funding allocated to the project, pursuant to s. 281.60 (10), Stats. The municipality may apply for funding for the same project the following year. The funding released under this section may be made available for other eligible projects.
NR 167.10 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.11 NR 167.11Financial assistance commitments.
NR 167.11(1)(1) The department and DOA may, at the request of a political subdivision, issue a notice of financial assistance commitment pursuant to s. 281.60 (9), Stats.
NR 167.11(2) (2) A notice of financial assistance commitment may only be issued after:
NR 167.11(2)(a) (a) The political subdivision's application for financial assistance has been approved by the department.
NR 167.11(2)(b) (b) The project has been determined to be in the fundable range of the department's priority based funding list.
NR 167.11(2)(c) (c) Sufficient PV subsidy to fund the project has been allocated.
NR 167.11(3) (3) The notice of financial assistance commitment shall specify the terms and conditions that the political subdivision must meet in order to receive financial assistance and shall include an estimated loan repayment schedule.
NR 167.11 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.12 NR 167.12Financial assistance agreements. The department and DOA may enter into a financial assistance agreement with a political subdivision to fund a project if all of the following conditions are met:
NR 167.12(1) (1) The political subdivision's application for financial assistance has been approved by the department.
NR 167.12(2) (2) The project has been determined to be in the fundable range of the department's funding list.
NR 167.12(3) (3) Sufficient PV subsidy to fund the project has been allocated.
NR 167.12(4) (4) DOA is satisfied that the political subdivision has the financial capacity to undertake the project and pay the debt service on the obligations it issues for the project, giving consideration to the factors contained in ch. Adm 35.
NR 167.12(5) (5) The department has approved applicable items under ch. NR 724.
NR 167.12(6) (6) The political subdivision agrees to comply with any provisions specified in s. 281.60 (8m) (b), Stats.
NR 167.12(7) (7) The political subdivision agrees to allow access to the project site by representatives of the department for the purpose of making inspections.
NR 167.12(8) (8) The political subdivision has submitted any written materials required by the department for preparation of the financial assistance agreement including evidence of bid tabulations with recommendations for award.
NR 167.12(9) (9) The political subdivision agrees to comply with the federal single audit act and U.S. Office of Management and Budget Circulars A-128 and A-133 for funding it receives from the LRLP that originated from federal funds.
NR 167.12 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.13 NR 167.13Limitations on reimbursement and refinancing of interim financing costs.
NR 167.13(1) (1) The department may reimburse eligible project costs previously paid by the political subdivision from moneys other than proceeds from a borrowing, if the reimbursement is in compliance with applicable federal internal revenue service reimbursement regulations covering the use of tax-exempt bond or note proceeds specified in 26 CFR 1150-2.
NR 167.13(2) (2) The department may refinance the eligible portion of a political subdivision's interim financing subject to the following limitations:
NR 167.13(2)(a) (a) Interim financing costs shall be offset with any interest earnings, during the eligible time period, from the investment of the proceeds from the interim financing.
NR 167.13(2)(b) (b) The period of time for which interest on interim financing is eligible for funding shall run from no earlier than 6 months prior to the start of remediation through the earliest of the following:
NR 167.13(2)(b)1. 1. The closing date of the LRLP loan; or
NR 167.13(2)(b)2. 2. One year following completion of remediation.
NR 167.13(2)(c) (c) If the interim financing is not exclusively for the land recycling loan program project, costs shall be prorated accordingly.
NR 167.13(2)(d) (d) Any interest or principal payments the political subdivision makes on the interim debt from municipal funds may not be reimbursed or refinanced by the LRLP. Interest capitalized to the interim debt balance may be eligible subject to the limitations of this section.
NR 167.13 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.14 NR 167.14Loan interest rate and term. The interest rate on LRLP loans shall be the rate specified in s. 281.60 (11), Stats. The interest rate is 55% of the market interest rate. The maximum term of the loan may not exceed 20 years from the date of the financial assistance agreement.
NR 167.14 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.15 NR 167.15Loan servicing fee. The department and DOA shall charge a loan servicing fee for each loan outstanding in a given year, as specified in s. 281.60 (11m), Stats. The loan servicing fee for each year the loan is outstanding shall be based on the loan servicing fee in effect at the time when the loan was closed. The loan servicing fee shall be calculated annually by multiplying the loan balance on March 31st of each year that the loan is outstanding by the loan servicing fee applicable to the loan. The loan servicing fee shall be payable annually on May 1st of each year that the loan is outstanding. The fee shall be in addition to the interest charged on the loan. For loans originated during the 1997-99 fiscal biennium, the annual loan servicing fee may not exceed 0.5% of the loan balance. For bienniums thereafter, the amount of the loan servicing fee shall be established in the biennial finance plan.
NR 167.15 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.16 NR 167.16Prepayment of loan with grant awards or rebates. If subsequent to the disbursement of the LRLP loan, the political subdivision receives a grant award or rebate for project costs already paid by the LRLP loan, the political subdivision shall apply the grant proceeds or rebate as a prepayment to the LRLP loan. The DOA shall accept the prepayment and apply the prepayment proportionally over the remaining term of the loan.
NR 167.16 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.17 NR 167.17Sale of site or facility.
NR 167.17(1) (1) A political subdivision may not sell a site or facility, or portion of a site or facility, for which the political subdivision has received a loan under this chapter, while the loan is outstanding, for less than fair market value, as specified in s. 281.60 (12) (b), 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.