NR 162.23(1)(a)19.o.
o. Conducting archaeological surveys and gathering historical site information.
NR 162.23(1)(a)19.p.
p. Providing municipal advisor or bond counsel services related to loan closing or the issuance of bonds.
NR 162.23(1)(a)19.r.
r. Updating or upgrading storm water treatment works maps of the areas impacted by the scored project.
NR 162.23(1)(a)19.t.
t. Providing administration of activities related to Davis-Bacon and related acts or other wage requirements.
NR 162.23(1)(a)19.u.
u. Conducting research or energy audits for incorporation of energy and water efficiency and conservation into the planning and design of a project.
NR 162.23(1)(a)20.
20. `Project site.' Construction-related work activities at the project site of a scored project, including any of the following:
NR 162.23(1)(a)20.b.
b. Relocating sanitary sewers or watermains if necessary for construction and replacing mains with the same size or required minimum size pipe if breakage from construction occurs.
NR 162.23(1)(a)20.c.
c. Erecting project and storm water treatment works or BMP identification signs.
NR 162.23(1)(a)20.d.
d. Preparing a site for construction, including surveying, staking, and grading.
NR 162.23(1)(a)20.e.
e. Restoring the construction site to original condition or upgrading the site to meet state and local requirements.
NR 162.23(1)(a)20.f.
f. Removing, relocating, or replacing utilities, providing temporary utilities, installing new utility equipment, or upgrading utilities, if the recipient is legally obligated to pay these costs.
NR 162.23(1)(a)21.
21. `Safety.' Purchasing and installing safety equipment to be used in the operation and maintenance of the storm water treatment works or BMP.
NR 162.23(1)(a)22.
22. `Storm sewers that lead to treatment.' Evaluation, new installation, replacement, and lining and other rehabilitation of storm water conveyance that leads to treatment.
NR 162.23(1)(a)23.
23. `Security.' Purchasing and installing security equipment for the treatment works or BMP, including surveillance cameras, fencing, security alarms, and motion detectors, and conducting a vulnerability assessment if necessary for determining security needs.
NR 162.23(1)(a)24.
24. `Special assessment fees.' Financial and legal costs associated with the process of preparing and implementing special assessments when the municipality is pledging special assessments as part of repayment of its CWFP loan.
NR 162.23(1)(a)25.
25. `Startup.' Startup expenses for a storm water treatment works or BMP incurred solely because of the scored project, including costs for any of the following:
NR 162.23(1)(a)26.
26. `Storm sewers and other conveyance.' Storm water conveyance that carries storm water runoff to an eligible treatment device or facility.
NR 162.23(1)(a)27.
27. `Street restoration.' Restoring streets and rights-of-way, and repairing damage to items such as pavement, sidewalks, and sanitary sewers necessary as a result of construction of the scored project. Eligibility of costs may be prorated based on participation by one or more other funding sources, or on the percent of the project attributable to CWFP-eligible or project-specific activities.
NR 162.23 Note
Note: Other funding sources that tend to participate in the types of projects that involve street restoration include the department of transportation, the community development block grant program, and the U.S. department of agriculture rural development community programs. Proration of costs can be due to the other funding source covering a portion of costs that would otherwise be eligible for CWFP funding or because some of the project costs are not eligible.
NR 162.23(1)(a)28.
28. `Watermains.' Relocating watermains if necessary for construction, and replacing watermains of the same size or required minimum size if breakage due to construction of a scored project occurs.
NR 162.23(1)(b)
(b)
Eligible at market rate. Costs eligible for market interest rate financing of a scored project include any of the following:
NR 162.23(1)(b)1.
1. The cost for the flow from state and federal facilities if the flow from these facilities exceeds 5 percent of the total flow to a storm water treatment works or BMP.
NR 162.23(1)(b)2.
2. The cost of any portion of a project to correct violations of effluent limitations contained in a permit issued under ch.
283, Stats., or violations of performance standards.
NR 162.23(1)(b)3.
3. The cost for any portion of a project designed solely for flood control and not required to meet WPDES storm water permit requirements or performance standards.
NR 162.23(1)(b)4.
4. The cost for any portion of a storm water project that exclusively serves development not in existence as of the date of the application. These costs are eligible for funding only if the project furthers the local comprehensive planning goals identified in s.
1.13 (2), Stats., and, beginning January 1, 2010, is consistent with a comprehensive plan prepared pursuant to s.
66.1001, Stats.
NR 162.23(1)(c)1.1. The amount of the costs described in par.
(b) 1. to
4. is determined using a parallel cost percentage that is calculated as follows:
NR 162.23(1)(c)1.b.
b. Calculate a reduced capacity condition by subtracting the flows and loadings associated with par.
(b) 1. to
4. from the total design capacity.
NR 162.23(1)(c)1.d.
d. Divide the cost of the reduced capacity condition by the costs of the total design capacity.
PC = RC/DC
Where:
PC . . . is the parallel cost percentage expressed as a decimal.
RC . . . is the cost associated with the reduced capacity condition.
DC . . . is the cost associated with the total design capacity.
EM = (TP)(1–PC)
Where:
EM . . . is the amount of project costs eligible for market rate financing only.
TP . . . is the total project cost eligible for CWFP financing.
PC . . . is the parallel cost percentage expressed as a decimal.
NR 162.23(1)(c)3.
3. If the department determines that the project includes other market rate costs as described in par.
(b) 5., the amount of those costs shall be subtracted from the amount eligible for below–market rate financing and added to the amount of market rate costs calculated in subd.
2. NR 162.23 Note
Note: All questions relating to cost eligibility or allocation shall be resolved prior to the execution of the financial assistance agreement in accordance with s.
NR 162.15.
NR 162.23(2)
(2)
Ineligible costs. Costs for items and activities not directly associated with or not necessary for the construction or startup of a scored project are not eligible for financial assistance unless specifically approved by the department as necessary and reasonable for the efficient operation or integrity of the overall storm water treatment works or BMP. Ineligible items and activities include all of the following:
NR 162.23(2)(a)
(a)
Allowances. Any allowance or contingency amounts built into a bid contract for nonspecific or ineligible items or activities.
NR 162.23(2)(b)
(b)
Basin planning. Basin or areawide planning not related to the scored project.
NR 162.23(2)(c)
(c)
BCPL ineligibles. For a project receiving interest rate subsidy under subch.
IV, project costs determined to be ineligible for loan assistance from the BCPL.
NR 162.23(2)(d)
(d)
Bonus payments. Bonus payments not legally required for completion of construction before a contractual completion date.
NR 162.23(2)(e)
(e)
Buying capacity. Purchase cost of buying capacity in an existing storm water treatment works or BMP that is not being expanded.
NR 162.23(2)(f)
(f)
Conflict of interest. Costs incurred in a contract that creates a real or apparent conflict of interest. An apparent conflict of interest arises when an official or employee of a recipient participates in the selection, award, or administration of a contract supported by the CWFP and any of the following conditions exist:
NR 162.23(2)(f)1.
1. The official or employee or the official's or employee's spouse has an ownership interest in the firm selected for the contract.
NR 162.23(2)(f)2.
2. Any person identified in subd.
1. receives any contract, gratuity, or favor from the award of the contract.
NR 162.23(2)(g)
(g)
Engineering. Engineering costs relatable to ineligible construction costs when the ineligible construction and equipment costs are more than 10 percent of total construction and equipment costs.
NR 162.23(2)(h)
(h)
Grant administration. Any costs for administering or applying for funding from sources other than the CWFP, such as U.S. department of agriculture's rural development programs, a community development block grant program, federal state and tribal assistance grants, U.S. army corps of engineers, focus on energy, or other non-CWFP federal or state government loan or grant programs, or other types of financial assistance programs.
NR 162.23(2)(i)
(i)
Hookup charges. Hookup charges imposed by one municipality on another for hooking into a storm water treatment works or BMP, or transport system to such a facility, unless the charges are based on identifiable capital improvement costs incurred by the municipality imposing the charge, and are included in an intermunicipal agreement meeting the requirements of s.
NR 162.05 (4) (h).
NR 162.23(2)(j)
(j)
Interim financing. Interest or principal payments on interim debt paid by the municipality out of its internal funds rather than capitalized funds.
NR 162.23 Note
Note: The ineligibility of interest or principal payments in par. (j) is based on U.S. treasury reimbursement regulations
26 CFR 1.150-2.
NR 162.23(2)(k)
(k)
Late fees. Interest or late fees charged to a municipality for delayed payments related to the project.
NR 162.23(2)(m)
(m)
Mismanagement and litigation. Costs of claims against the recipient resulting from mismanagement or caused by the recipient's vicarious liability for the improper action of others, and costs resulting from litigation of contract disputes, liquidated damages, appeals, and other related disputes.
NR 162.23(2)(n)
(n)
Negligence. Costs incurred due to negligence or error of a party contracted by the municipality.
NR 162.23(2)(o)
(o)
No construction. All costs of a project if the municipality does not finance some construction costs through the CWFP, unless another governmental agency or another program in the department is providing financing for the construction costs and department CWFP staff receive acceptable documentation of the other agency's or other program's commitment.
NR 162.23(2)(q)
(q)
Ordinary municipal operating expenses. Ordinary operating expenses of a municipality, such as salaries and expenses of elected officials and on-staff attorneys, postage, utility bills, and annual financial audits.
NR 162.23(2)(r)
(r)
Other funding. Costs for which payment has been or will be received from another funding source, including costs for which funds from the U.S. department of agriculture's rural development program or a community development block grant program are committed, or costs covered by a focus on energy grant. If the municipality does not receive the funds expected from the other source, the department may consider the costs of the work that was to be funded through the other source to be eligible for CWFP financial assistance unless the costs are considered ineligible under another paragraph in this subsection. This paragraph does not apply to a municipality receiving a loan from the BCPL for a scored project receiving interest subsidy under subch.
IV.
NR 162.23(2)(s)
(s)
Outside of scope. Costs outside the scope of the scored project unless the department approves the costs as necessary to improve the overall integrity, operation, or functionality of the storm water treatment works or BMP.
NR 162.23(2)(t)
(t)
Personal injury. Personal injury compensation or damages arising out of the project, whether determined by adjudication, arbitration, negotiation, or otherwise.
NR 162.23(2)(u)
(u)
Post-closeout. Costs incurred after the project completion date of the scored project.
NR 162.23(2)(v)
(v)
Special districts. Costs of establishing special purpose districts or commissions, such as sanitary districts, utility districts, and joint commissions.
NR 162.23(2)(w)
(w)
Violation penalties. Fines and penalties due to violations of, or failure to comply with, federal, state, or local laws.
NR 162.23(2)(x)
(x)
Watermains. Watermain construction, replacement, or repair unless the watermain is needed to carry water to a part of the storm water treatment works or BMP or the watermain work is necessary as a direct result of work performed for a scored project, such as repairing or replacing a watermain damaged during construction of the scored project.
NR 162.23(2)(y)
(y)
WPDES permit fees. The cost of a WPDES permit unless it is a WPDES construction site permit specific to the project construction.
NR 162.23 History
History: CR 22-045: cr.
Register October 2023 No. 814, eff. 11-1-23; correction in (1) (a) 10. d., (c) 1. c. made under s.
35.17, Stats.,
Register October 2023 No. 814.
NR 162.24(1)(1)
Notice of intent to apply. The notice of intent requirements described in s.
NR 162.05 (1) are applicable to any urban runoff or storm water project for which a municipality is applying for financial assistance under this subchapter or for interest rate subsidy under subch.
IV.
NR 162.24(2)
(2)
Application procedures. A municipality shall apply for financial assistance in accordance with s.
281.58 (9), Stats. All applicants must submit the required information and documentation through the department's online application system.
NR 162.24 Note
Note: Directions regarding online submittal are available on the Environmental Improvement Fund website at
https://dnr.wisconsin.gov/aid/EIF.html. An interest rate subsidy application is a different form and must be submitted in accordance with s.
NR 162.40 (5) and
(6).
NR 162.24(3)
(3)
Contents of application. The applicant shall submit a complete application, including all of the following items that are applicable to the project:
NR 162.24(3)(a)
(a) Evidence of a department-approved plan applicable to the scored project.
