(60) “Operations” means labor, materials and chemicals used regularly, and work activities performed on a recurring basis throughout the year that are intended to meet routine, daily functional needs. Work activities may include any of the following:
(a) Operational maintenance activities related to continuing normal performance of the functions for which a treatment works or BMP asset or item of equipment is intended, including activities to keep building systems such as HVAC, lighting, and electrical utilities working properly.
(b) Custodial maintenance activities, such as housekeeping duties, rodent and pest control, and lawn mowing, associated with general day-to-day care and cleaning necessary to maintain constructed assets.
(c) Trash removal activities to dispose of hazardous and non-hazardous waste and debris and to recycle products such as paper, cans, and bottles.
(d) Snow and ice removal and activities to treat surfaces to eliminate unsafe weather-related conditions.
(e) Office activities related to billing, collections, customer communications, personnel, and other types of work activities that support the administration of the treatment works or BMP.
(f) Routine walk-through and other surveillance activities associated with identifying operational anomalies and ensuring all treatment works or BMP components are working as intended.
(61) “Parallel cost percentage” means, for a scored project, the proportion of costs eligible for below–market rate financing relative to the total costs eligible for CWFP financing as established in s. NR 162.04 (1). Note: The calculation of the parallel cost percentage is described in s. NR 162.04 (1) (c). (62) “Performance standards” means nonagricultural performance standards established by the department in ch. NR 151, pursuant to s. 281.16 (2), Stats. (63) “Place” means a concentration of population either legally bounded as an incorporated place, such as a city or village, or identified as a census designated place by the U.S. bureau of the census.
(64) “Plans and specifications” means project drawings and specification manuals for all construction work to be included in the financial assistance for the scored project.
(65) “Population” means the most recent year’s final population estimate published by the DOA demographic services center for the Wisconsin city, town, or village that submitted an intent to apply form. For a municipality other than a city, town, or village, “population” means the most recent population count or estimate done for the municipality and provided to the department by the municipality for purposes such as completing a sanitary survey.
(66) “Present value subsidy” or “PV” means the sum of periodic subsidies for loans made to or projected to be made to municipalities during a fiscal year, discounted at a rate of 5% to 7% per year to the first day of the biennium during which the loans are made.
(67) “Prior debt service” means the principal and interest of debt incurred for a previous capital improvement that is related to the treatment works or BMP and is documented as incurred in the past.
(68) “Priority score” means the numerical value, determined by the department, that is assigned to each project in accordance with s. NR 162.51. (69) “Professional services” includes engineering, archaeological, legal, or financial services, provided by a formally certified member of a professional body, such as a trade association or organized profession.
(70) “Project” means a set of activities intended to result, or that has resulted, in completed construction of wastewater related or storm water related facilities or practices.
(71) “Project closeout” means the procedures described in s. NR 162.14 (4) for projects funded under subchs. II and III, and in s. NR 162.70 (4) for projects funded under subch. IV. (72) “Project commitment present value subsidy” or “project commitment PV” means the present value subsidy provided to municipalities to reduce loan interest rates from the market interest rate to the interest rates in s. NR 162.11 (1) (a). (73) “Project completion date” means the earliest date on which all of the following apply:
(a) Construction of the scored project is complete.
(b) The department or its agents have certified that the scored project was constructed according to department−approved plans and specifications.
(c) The department or its agents have certified that the facilities are operating according to design.
(d) The project closeout is complete.
(e) The department has notified the recipient that the scored project is complete.
(74) “Proportional share” means the costs of the operation and maintenance of the treatment works or BMP shared equitably and proportionately among the users through a user charge system.
(75) “Receiving municipality” means a municipality that owns a treatment works and accepts discharges from one or more other municipalities into its treatment works for treatment and disposal.
(76) “Recipient” means any municipality or group of municipalities that has been awarded or has received financial assistance under ss. 281.58 and 281.59, Stats. (77) “Replacement” means obtaining and installing equipment, accessories, or appurtenances that are necessary during the useful life of the treatment works or BMP project funded through the CWFP to maintain or improve the capacity and performance levels for which the treatment works or BMP was designed and constructed.
(78) “Residential user” means a structure or part of a structure, including a mobile home, that is used primarily as a home, residence, or sleeping place by one or more persons maintaining a common household and that uses a publicly owned treatment works. “Residential user” does not include an institutional, commercial, industrial or governmental facility.
Note: In s. NR 151.002 (40), “runoff” means storm water or precipitation including rain, snow, ice melt or similar water that moves on the land surface via sheet or channelized flow. (80) “Scored project” means a project for which the department reviewed the scope provided by the applicant and assigned a priority score based on the scope determined by the department to be eligible for financial assistance under a single CWFP project number.
(81) “Sewage collection system” has the meaning given under s. NR 110.03 (28), and includes individual systems, such as septic tanks, holding tanks, mound systems, and cluster systems, if the individual systems meet the criteria established under s. NR 162.03 (2). (82) “Sewer” means either a sewage collection system or an MS4, or a portion of a sewage collection system or MS4.
(83) “Sewer service area” means that area served by a wastewater treatment works, or an area for which an agreement has been reached for future wastewater service, or an area for which capacity is provided to allow disposal of septic tank or holding tank wastes.
Note: Under s. NR 216.002 (33), “storm water” means runoff from precipitation, including rain, snow, ice melt, or similar water that moves on the land surface via sheet or channelized flow. (85) “Subscribing municipality” means a municipality that discharges or plans to discharge all or part of its wastewater or storm water to another municipality for treatment and disposal.
(86) “Subsidy” means the amount provided by the environmental improvement fund to a recipient of CWFP financial assistance under ss. 281.58 and 281.59, Stats., for any of the following purposes: (a) To reduce the interest rate of CWFP loans from market interest rate to a lower subsidized rate.
(b) To reduce the interest payments on eligible loans or portions of loans made by the BCPL.
(c) To provide hardship financial assistance, including grants.
(d) To provide financial assistance for additional eligible costs of the scored project.
(e) To forgive a portion of the principal of a CWFP loan.
(87) “Substantial completion” means the date on which construction of the scored project is sufficiently complete in accordance with the contract documents so that the owner can occupy or utilize the scored project for its intended use.
(88) “Total annual charges” means the annual treatment works or BMP costs, including operation and maintenance costs, equipment replacement fund deposits, CWFP debt service, prior debt service, debt service for project costs ineligible for CWFP assistance, and hookup fees owed to another municipality.
(89) “TSS” means total suspended solids.
(90) “Treatment works” or “treatment work” has the meaning given in s. 283.01 (18), Stats. Note: Under s. 283.01 (18), Stats., “treatment work” means any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial waste of a liquid nature or necessary to recycle or reuse water at the most economical cost over the estimated life of the treatment works, including intercepting sewers, outfall sewers, sewage collection systems, cooling towers and ponds, pumping, power and other equipment, and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment. Additionally, “treatment works” means any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste, including storm water runoff, or industrial waste, including waste in combined storm water and sanitary sewer systems. This definition of “treatment works” includes storm water projects for municipalities that are required to obtain a WPDES permit under ch. 283, Stats. (91) “Unsewered municipality” means a municipality in which some or all of the residential areas lack a sewage collection system.
(92) “Useful life” means one of following:
(a) The period during which a treatment works operates, if the treatment works was constructed partially or wholly with U.S. environmental protection agency title II construction grants.
(b) The term of the loan, if the treatment works was constructed partially or wholly with CWFP financing.
(93) “User charge” means a charge levied on users of a treatment works or BMP for the user’s proportional share of the cost of operation, maintenance and replacement of the treatment works or BMP.
Note: User charge systems may apply to storm water utility districts.
(95) “Wastewater” means a waste stream conveyed to a treatment works via a sewage collection system, including a combined sewer conveying both sanitary wastewater and storm water.
(96) “Women business enterprise” or “WBE” means a DBE that is owned or controlled on a daily basis by a woman or women.
(97) “WPDES permit” means a Wisconsin pollution discharge elimination system permit issued under ch. 283, Stats.
SUBCHAPTER II — FINANCIAL ASSISTANCE REQUIREMENTS
NR 162.01 Types of financial assistance available. The department and DOA may, subject to applicable requirements of ss. 281.58 and 281.59, Stats., and ch. Adm 35, provide to an eligible applicant for a scored project any of the following types of financial assistance unless the project has been substantially complete for 3 years or longer or the applicant already has long-term affordable debt outstanding for its completed or substantially completed project: (1) Subject to the limits established in s. NR 162.04 (3), purchase or refinance a municipality’s interim financing. (2) Guarantee, or purchase insurance for, municipal obligations for construction of a treatment works or BMP if the guaranteed or purchased insurance would improve credit market access or reduce interest costs on the municipal obligations.
(3) Make loans at or below the market interest rate.
(4) Provide hardship financial assistance to eligible applicants pursuant to subch. III.
(5) Provide interest rate subsidies pursuant to subch. IV.
NR 162.02 Annual funding policy, project priority list, and funding list. (1) FUNDING POLICY AND PROJECT PRIORITY LIST. The department may produce an annual CWFP funding policy in conjunction with the fiscal year’s priority list established under s. NR 162.53. The funding policy may describe methods for making funding determinations and other policies related to the fiscal year. If the department publishes a funding policy for a given year, it shall provide an opportunity for public comment regarding the funding policy. (2) FUNDING LIST. The department shall prepare a funding list of all CWFP-eligible applicants, including applications submitted under subchs. II to IV, when the amount available under s. 20.866 (2) (tc) or 281.59 (3e) (b) or (4) (f), Stats., is insufficient in accordance with s. 281.58 (9m) (f), Stats. Note: A separate funding list for hardship projects will be prepared annually in accordance with s. NR 162.26. NR 162.03 Project eligibility. (1) TRADITIONAL WASTEWATER TREATMENT PLANT AND COLLECTION SYSTEM PROJECTS. A municipality may receive financial assistance under this chapter for a publicly-owned wastewater treatment works scored project, including a treatment plant or sewage collection system project, that meets any of the following criteria:
(a) The project is necessary to prevent a municipality from significantly exceeding a wastewater effluent limitation contained in a permit issued under ch. 283, Stats. This includes the following types of projects: 1. Projects for which construction will completely take place inside the fence or on site of a wastewater treatment plant, such as projects to build or modify headworks, clarifiers, aeration basins, stabilization ponds, sludge processing equipment, sludge storage facilities, or on-site administrative buildings, and projects to build or modify facilities for the receiving, storage, or treatment of septage, as defined in s. 281.58 (1) (cv), Stats. Note: “Septage”, under s. 281.58 (1) (cv), Stats., means the scum, liquid, sludge, or other waste in a septic tank, soil absorption field, holding tank, grease interceptor, privy, or other component of a private on-site wastewater treatment system. 2. Projects for which construction takes place outside of the fence of the wastewater treatment plant that are necessary to maintain or improve the integrity and performance of wastewater treatment works facilities serving the municipality, including sanitary sewer replacement or rehabilitation, sanitary sewer or lateral lining, lift station or headworks upgrades, and construction of new interceptors, lift stations, pretreatment facilities, septage receiving stations, and other treatment works facilities outside of the fence of the wastewater treatment plant.
(b) The project is necessary to achieve compliance with an enforceable wastewater requirement changed or established after May 17, 1988, if the municipality is in substantial compliance with its permit issued under ch. 283, Stats.
(c) The project is necessary to correct violations of an effluent limitation contained in a permit issued under ch. 283, Stats. (d) The project is necessary to eliminate actual or imminent pollution of groundwater or surface water or a threat to human health in unsewered areas within a municipality. This includes the following types of projects:
1. Projects for construction of a new wastewater treatment plant or upgrade of an existing plant to accept and treat wastewater from a previously unsewered area, such as projects to build or add capacity to clarifiers, aeration basins, stabilization ponds, or sludge facilities.
2. Sewage collection system projects to install sewer pipes where there were none and interceptors to carry wastewater to a new or existing wastewater treatment plant.
Note: Traditional wastewater treatment plant and collection system projects are those that use common infrastructure and processes to collect and treat wastewater, including pipes to collect wastewater from homes and businesses and carry the water to a treatment plant that uses techniques and equipment to filter and settle out solids, aerate the water to encourage natural processes of growth of bacteria and other organisms to consume much of the waste, disinfect the processed water, and process the sludge removed from the wastewater. Traditional projects tend to collect and treat point-source pollution only, unless storm sewers contribute to the flow of water to the wastewater treatment plant or the system has infiltration or inflow problems. The purpose of some traditional projects is to fix these types of excess flow issues. Traditional wastewater treatment is discussed in the Primer for Municipal Wastewater Treatment Systems, Publication EPA 832-R-04-001, dated September 2004, available on the U.S. environmental protection agency’s website at: http://water.epa.gov/aboutow/owm/upload/2005_08_19_primer.pdf (2) INDIVIDUAL WASTEWATER TREATMENT SYSTEMS. (a) A project that is eligible under sub. (1) may consist of individual systems for the purpose of treating sanitary waste that serve one or more properties if the municipality:
1. Owns each individual system.
2. Is responsible for the proper installation, operation, and maintenance of each individual system.
