NR 162.48 Breach of contract and noncompliance. The department may rescind an interest rate subsidy agreement or seek any other appropriate administrative remedy upon breach of contract by the recipient, or if the recipient fails to comply with ss. 281.58 and 281.59, Stats., or with provisions of this chapter. NR 162.49 Termination. The department shall terminate the interest rate subsidy agreement if the recipient terminates its loan agreement with the BCPL or prepays all of the principal of the loan prior to the end of the term of the loan agreement. No subsidy payment may be made for a year in which the loan is paid off early or the interest rate subsidy agreement is terminated early.
SUBCHAPTER V — PRIORITY SCORING AND RANKING SYSTEM
NR 162.50 Project scoring system. Projects shall be scored under one of the following three categories: sewage collection systems, wastewater treatment plants, or storm water projects. (1) COLLECTION SYSTEM PROJECTS. The following factors, when applied to sewage collection system projects in accordance with s. NR 162.51, shall determine the priority scoring for clean water fund program financial assistance pursuant to s. 281.58, Stats.:
(a) Project type score. The following points shall be awarded to each sewage collection system project:
1. Fifty points for a project that the department determines is necessary to prevent a municipality from significantly exceeding an effluent limitation contained in a permit issued under ch. 283, Stats. This includes eligible projects identified under s. NR 162.03 (1) (a) 2. 2. Twenty-five points for a project that installs sewers in a previously unsewered area. This includes eligible projects identified under s. NR 162.03 (1) (d) 2. 3. Five points for a project to improve a sewage collection system that contributes to violations of a permit issued under ch. 283, Stats., or that has been the subject of an enforcement action pursuant to s. 281.98, Stats., related to a performance standard. This includes eligible projects or costs identified under s. NR 162.03 (1) (c). (b) Human health score. A sewage collection system project may be awarded points for human health only if the project is necessary to eliminate a health hazard.
1. ‘Replacing failing septic systems.’ A project that reduces the percentage of failing private systems shall be awarded the following points:
a. Thirty points if 70% or more of the systems included in the project are failing systems.
b. Twenty-five points if 50% to 69% of the systems included in the project are failing systems.
c. Twenty points if 30% to 49% of the systems included in the project are failing systems.
d. Fifteen points if 15% to 29% of the systems included in the project are failing systems.
e. Ten points if 5% to 14% of the systems included in the project are failing systems.
f. Five points if less than 5% but greater than 0% of the systems included in the project are failing systems.
Note: Failing septic systems include those with surface water ponding, discharge of sewage to the ground, or high groundwater or crevassed bedrock.
2. ‘Elimination or prevention of bypasses and overflows.’ A project that reduces or prevents bypasses and overflows that have occurred within the past 5 years shall be awarded 15 points. If more than 5 years have passed since the most recent bypass or overflow, the department shall award 15 points under this subdivision if the project is part of a larger phased collection system improvement plan required by a court-stipulated action, a consent order, a compliance schedule in a permit, or another type of legal document.
3. ‘Collection-system related backups.’ A project that is necessary to reduce the number of basement backups related to the sewage collection system from the number of backups that have occurred in the last 5 years shall be awarded the following points:
a. Fifteen points if the project is necessary to eliminate 50 or more documented basement backups.
b. Ten points if the project is necessary to eliminate 15 to 49 documented basement backups.
c. Five points if the project is necessary to eliminate 1 to 14 documented basement backups.
4. ‘ New collection system and new wastewater treatment plant.’ A project eligible under s. NR 162.03 (1) (d) in which one municipality is constructing both a new wastewater treatment plant and a new collection system to serve only one new sewer service area that includes customers within the applicant’s municipal boundaries shall be awarded 10 points.
(c) Regionalization score. Sewage collection system projects that result in increased regionalization of wastewater treatment shall be awarded the following points:
1. Twenty points if the project results in the transport of wastewater previously treated in individual septic systems to an existing municipal wastewater treatment plant that has sufficient capacity to accept the additional wastewater flow and loadings or septage from the area in which the individual septic systems are located. This includes projects eligible under s. NR 162.03 (2). 2. Fifty points if the project results in the transport of wastewater from more than one municipality into a new treatment plant being constructed to accommodate those municipalities in a joint facility.
3. If a sewage collection system project will result in increased flow or loadings of more than 10% at an existing wastewater treatment plant for which the municipality that owns the treatment plant is also seeking funding from the CWFP, each of the two projects shall be awarded the same total score. The department shall award the highest score from each scoring section, including project type, human health, water quality, regionalization, and population, to each of the projects.
(2) WASTEWATER TREATMENT PLANT PROJECTS. The following factors, when applied to wastewater treatment plant projects in accordance with s. NR 162.51, shall determine the priority scoring for CWFP financial assistance pursuant to s. 281.58, Stats.: (a) Project type score. The following points shall be awarded to each wastewater treatment plant project:
1. Fifty points to a project meeting the criteria of s. NR 162.03 (1) (a) 1., necessary to prevent a municipality from significantly exceeding an effluent limitation contained in a permit issued under ch. 283, Stats. 2. Fifty points to a project eligible under s. NR 162.03 (1) (b), required to meet new or changed WPDES permit limits. 3. Five points to a project meeting the criteria under s. NR 162.03 (1) (c), necessary to correct violations of an effluent limit contained in a permit issued under ch. 283, Stats. (b) Human health criteria. Projects that directly affect human health shall be awarded points based on the following criteria:
1. Ten points if the project is necessary to prevent bypasses and overflows at a wastewater treatment plant that has had at least one occurrence of bypass or overflow, as defined in s. NR 210.21, in the past 5 years. 2. Five points if the project is necessary to eliminate documented system-related backups within the past 5 years caused by conditions at the wastewater treatment plant. This does not include backups caused by problems in the sewage collection system or backups due to excessive infiltration and inflow.
3. Ten points if the wastewater treatment works discharges to groundwater.
4. Ten points if the wastewater treatment works has a groundwater discharge and an effluent limit for total nitrogen.
5. Five points if the wastewater treatment works has a groundwater discharge and an effluent limit for any compounds other than nitrogen, such as a limit for chlorides. The maximum number of points under this subdivision is 5.
Note: Example – If a treatment works has a groundwater discharge and an effluent limit for chlorides and an effluent limit for phosphorus, DNR shall award only 5 points in this subdivision, even though there are two compounds for which the permit includes effluent limits.
6. Five points if the wastewater treatment works’ permit requires annual disinfection prior to discharge.
7. Three points if the wastewater treatment works’ permit requires disinfection but on a less than annual basis prior to discharge.
(c) Water quality criteria. 1. The department shall establish criteria and associated points for various water quality parameters in the CWFP intended use plan.
2. The department shall use the current facility permit limit for calculating the points assigned to the water quality criteria category.
Note: The intended use plan is required of the department by the U.S. environmental protection agency as part of the application package for the federal capitalization grant for the CWFP.
Note: The parameters to be included in the intended use plan include BOD/CBOD, TSS, DO, ammonia, phosphorus, chlorides, and metals, including copper, nickel, zinc, mercury, cadmium, and arsenic.
(d) Regionalization. If the project is necessary because of a greater than 10% increase in flow or loadings from a new subscribing municipality, 20 points shall be awarded. If a treatment plant is being upgraded to accommodate increased flow or loadings of more than 10% due to a sewage collection system project and the municipality constructing the sewage collection system project is seeking funding from the CWFP, each of the two projects shall be awarded the same total score. The department shall award the highest score from each scoring section, including project type, human health, water quality, regionalization, and population, to each of the projects.
(3) STORM WATER MANAGEMENT PROJECTS. The following factors, when applied to storm water projects in accordance with s. NR 162.51, shall determine the priority scoring for CWFP financial assistance pursuant to s. 281.58, Stats. (a) Project type score. The following points shall be awarded to each storm water project:
1. Fifty points shall be awarded to a project if the municipality has a municipal storm water discharge permit under subch. I of ch. NR 216. 2. Twenty-five points shall be awarded to an storm water project in a non-permitted municipality.
3. Five points shall be awarded for a project for construction or replacement of runoff treatment works that violate a permit issued under ch. 283, Stats., or that has been the subject of an enforcement action pursuant to s. 281.98, Stats., for violation of a performance standard. This includes eligible projects or costs identified under s. NR 162.03 (3) and (4). (b) Human health score. Ten points shall be awarded to a storm water project that includes pretreatment of contaminants before discharging to groundwater through a seepage cell.
(c) Water quality score. Storm water projects may be awarded water quality points based on data from the use of models as approved by the department.
1. Connected drainage areas associated with storm water projects shall be awarded the following points:
a. Ten points for projects for which the overall percentage of the drainage area connected to high density impervious surfaces, such as commercial strip malls, commercial downtowns, or shopping centers, is greater than 80%.
b. Five points for projects for which the overall percentage of the drainage area connected to medium density impervious surfaces, such as schools, high density residential, mobile homes, freeways, multifamily housing, light industrial, hospitals, or office parks, is 40% to 79% impervious.
c. One point for projects for which the overall percentage of the drainage area connected to low density impervious surfaces, such as open spaces, suburban areas, parks, cemeteries, and low or medium density residential areas, is less than 40% impervious.
2. Storm water projects that provide TSS removal shall be awarded the following points:
a. Ten points for greater than 80% TSS removal.
b. Five points for 60% to 79% TSS removal.
c. One point for 40% to 59% TSS removal.
3. Storm water projects that include the following features shall be awarded the following points:
a. Three points for greater than 55% phosphorus removal.
b. Three points for mechanical nutrient removal technology or other green technology.
c. Three points for infiltration.
(4) POPULATION. The department shall add a population score to projects that have the same score as other projects within their project category. The population score is the logarithm to the base 10 of the residential population of the municipality served by the project, divided by 10.
Population score = log 10 residential population
10
(5) INTENDED USE PLAN. The department may add additional or modify existing scoring criteria in the annual intended use plan.
Note: The intended use plan is required of the department by the U.S. environmental protection agency as part of the application package for the federal capitalization grant for the CWFP.
NR 162.51 Project priority score. (1) A project priority score shall be assigned to each project for which a completed priority evaluation and ranking form is submitted pursuant to s. NR 162.52. The project priority score is based on the additive of each criteria within the project category for the project. Each project shall be scored under only one of s. NR 162.50 (1), (2), or (3). (2) The municipality shall submit documentation as determined by the department to support the points claimed in the priority evaluation and ranking form. If documentation to support points awarded for a particular factor is not submitted at the time of submittal of the priority evaluation and ranking form, zero points shall be awarded for that particular factor.
NR 162.52 Procedure for determination and reevaluation of project priority score. (1) An applicant intending to apply for clean water fund program assistance for a project shall submit to the department a priority evaluation and ranking form in the form required by the department by the October 31 prior to the state fiscal year from which the municipality will request funding. The department may require online or other electronic submittal. The priority evaluation and ranking form is valid for one state fiscal year if at least one of the following applies:
(a) An online priority evaluation and ranking form is completed and submitted by October 31.
(b) An alternate method of delivery is used due to unavailability of an online form. Alternate methods include the following:
1. A paper copy of the priority evaluation and ranking form is postmarked by October 31 or has a documented shipping or mailing date of October 31 or earlier.
2. The department receives the priority evaluation and ranking form by October 31 via fax, e-mail, or other delivery methods. These methods are acceptable as long as it is clear that the form arrived at the department by the October 31 deadline.
3. Hand-delivery and shipping without documentation of the shipping date are acceptable methods as long as the form is received by the department prior to the close of business on October 31.
Note: A priority evaluation and ranking 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.
(2) Upon completion of the review and determination of a priority score, the department shall notify the applicant in writing that the determination is available.
Note: Email notification by the department of the availability of project priority scores on the web meets this requirement.
(3) The department may review and, if necessary under the requirements of this chapter, recalculate priority scores to ensure accuracy and timeliness of information. The department shall notify an applicant in writing if the department changes the priority score of any of the applicant’s projects.
