Chapter NR 542

NR 542.07(2)(c) (c) A description of the program, the processes and methods to be used, including who will implement them, and a timetable for implementation;

NR 542.07(2)(d) (d) Documentation that the assistance, when combined with future anticipated assistance, will result in the responsible unit doing one of the following:

NR 542.07(2)(d)1. 1. Making continued progress in creating an effective recycling program as defined under s. 287.11, Stats., by January 1, 1995;

NR 542.07(2)(d)2. 2. Maintaining an effective recycling program following approval of the recycling program under s. 287.11, Stats.;

NR 542.07(2)(e) (e) A financial schedule itemizing revenues and expenses of all programs and activities likely to be funded under the proposed grant;

NR 542.07(2)(f) (f) A financial report if the responsible unit received a grant under this chapter, or 1989 Wis. Act 335, section 85 (5), for the grant period preceding the grant period for which the application is being made. It shall include a statement of whether any portion of that grant was or is likely to be spent on ineligible activities, and the actual or estimated amount;

NR 542.07(2)(g) (g) An amortization schedule for all equipment, included in projected program costs, with a useful life exceeding 3 years and a cost greater than $1,000;

NR 542.07(2)(h) (h) A copy of any executed contracts for the performance of any portion of the program;

NR 542.07(2)(i) (i) A preliminary project design, engineering plans and specifications for the facility and equipment, as appropriate to the proposed project.

NR 542.07 History History: Cr. Register, July, 1991, No. 427, eff. 8-1-91.

NR 542.08 NR 542.08 Grant assistance conditions and requirements. Before awarding a grant to a responsible unit, the department shall determine that all of the applicable requirements of s. NR 542.07 have been met and the responsible unit shall assure that it will comply with the following:

NR 542.08(1) (1) Operation and maintenance. The responsible unit shall agree to operate and provide adequate maintenance of facilities purchased or developed with state grant assistance;

NR 542.08(2) (2) Access. The grantee shall insure that department representatives will have access to the recycling facilities, including construction activities;

NR 542.08(3) (3) Prevailing market rate. No grantee may pay above the prevailing market rate for recyclables for any year in which it receives grant assistance.

NR 542.08 History History: Cr. Register, July, 1991, No. 427, eff. 8-1-91.

NR 542.09 NR 542.09 Grant payments.

NR 542.09(1) (1) First payment. The department shall disburse 50% of a grant to the applicant upon approval, but not later than January 1 of the year for which the grant is made.

NR 542.09(2) (2) Second payment. The department shall disburse 25% of the grant not later than July 1 of the year for which the grant is made.

NR 542.09(3) (3) Final payment. The department shall disburse the final balance of the eligible net program costs to the grantee based on the final payment request. The final payment request shall be submitted on forms provided by the department, following the instructions provided, not later than April 30 of the year following the grant year. The department may withhold all or part of a grant payment if it determines that either:

NR 542.09(3)(a) (a) The responsible unit spent grant funds on activities not eligible for assistance as outlined under s. NR 542.05; or

NR 542.09(3)(b) (b) The responsible unit has not maintained an effective recycling program following initial approval of its program as effective as outlined in s. NR 542.08. Funds withheld under this provision may be paid if the responsible unit corrects all program deficiencies to the satisfaction of the department within one year of the original finding.

NR 542.09 Note Note: Forms may be obtained, at no charge, from the Bureau of Community Financial Assistance, Department of Natural Resources, P.O. Box 7921, Madison, WI 53707.

NR 542.09 History History: Cr. Register, July, 1991, No. 427, eff. 8-1-91.

NR 542.10 NR 542.10 Grantee accountability.

NR 542.10(1) (1) Records management. Each responsible unit shall maintain an accounting system that accurately reflects all fiscal transactions, incorporates appropriate controls and safeguards, and provides clear references to source or original documents.

NR 542.10(1)(a) (a) Accounting procedures. Financial schedules and statements filed with grant applications and payment requests shall be based on records maintained under generally accepted accounting principles which meet the following minimum requirements:

NR 542.10(1)(a)1. 1. Program accounts shall separate grant receipts and eligible expenditures from those allocable to other programs and activities.

NR 542.10(1)(a)2. 2. Receipts and expenditures shall be listed in sufficient detail to provide a basis for accurate and complete program reporting.

NR 542.10(1)(a)3. 3. All program receipts shall be identified in sufficient detail to reflect their source and purpose.

NR 542.10(1)(a)4. 4. Supporting records for all program expenditures shall be itemized in detail to indicate the nature and appropriateness of each. Proof of payment, such as canceled checks or receipts from vendors, shall be maintained.

NR 542.10(1)(a)5. 5. Time and attendance records describing the work performed, specifying project hours worked by day, and both signed by the employee and bearing evidence of management approval, shall be maintained, along with computations showing hourly pay rates and allocation of fringe benefits.

NR 542.10(1)(b) (b) Fiscal controls.

NR 542.10(1)(b)1. 1. Any consultant, construction or service contract totalling $10,000 or more annually shall be covered by a formal contract or agreement specifying financial terms, contract duration and services to be rendered.

NR 542.10(1)(b)2. 2. Acquisition of real property shall be in accordance with state guidelines for preparation of appraisals and relocation assistance.

NR 542.10 Note Note: Land acquisition and appraisal procedures can be obtained from the department’s district recycling specialist.

NR 542.10(1)(b)3. 3. Allowable rates for use of a responsible unit’s own equipment not purchased with grant monies shall be limited to the county-wide rates established annually by the department of transportation (DOT). Allowable costs for the use of equipment, for which DOT rates are not available, may be based on the grantee’s calculation of the cost of operating the equipment attributable to recycling activities.

NR 542.10 Note Note: County-wide rates established by the DOT can be obtained from the grantee’s county highway department.

NR 542.10(2) (2) Records retention and auditing. All responsible units receiving grant funds are subject to audit and shall retain all records pertaining to their programs until 3 years following the end of their participation in the program.

NR 542.10 History History: Cr. Register, July, 1991, No. 427, eff. 8-1-91.

NR 542.11 NR 542.11 Grant variances. The department may approve variances from nonstatutory requirements of this chapter upon request of the grantee when it is determined that variances are essential to effect necessary actions or department objectives, and where special circumstances make variances in the best interests of the state. Before granting a variance, the department shall take into account factors such as good cause, circumstances beyond the control of the grantee and financial hardship.

NR 542.11 History History: Cr. Register, July, 1991, No. 427, eff. 8-1-91.

NR 542.12 NR 542.12 Dispute resolution; arbitration. In the event that a dispute arises between the department and the grant recipient, either party may request a conference between the department’s director of the bureau of community assistance and the grant recipient, or designee, to resolve the dispute.

NR 542.12(2) (2) All claims, disputes and other matters in question arising out of or relating to the grant agreement or the breach thereof, may be decided by arbitration in accordance with ch. 788, Stats. Arbitration shall be conducted within the state of Wisconsin.

NR 542.12(3) (3) Requests for arbitration shall be filed in writing with the other party to the grant agreement. The other party shall respond to the request for arbitration within a 30 day period either by accepting or rejecting the request for arbitration. In no event may the request for arbitration be made at any time after the applicable statute of limitations could bar the institution of legal or equitable proceedings based on such claim, dispute or other matter in question.

NR 542.12 History History: Cr. Register, July, 1991, No. 427, eff. 8-1-91.

NR 542.13 NR 542.13 Termination of awards.

NR 542.13(1) (1) The department and a grantee may enter into an agreement to terminate the award at any time pursuant to this section. The agreement shall establish the effective date of termination of the grant award, the basis for settlement of award termination costs, and the amount and date of payment of any sums due either party.

NR 542.13(2) (2) A grantee may not unilaterally terminate the work authorized in the award, except for good cause. The grantee shall promptly give written notice to the department of any complete or partial termination of the program work by the grantee. If the department determines that there is good cause for the termination of all or any portion of the program work, the department may enter into a termination agreement or unilaterally terminate the award pursuant to sub. (3), effective on the date of cessation of the program work by the grantee. If the department determines that a grantee has ceased program work without good cause, the department may unilaterally terminate the award pursuant to sub. (3).

NR 542.13(3) (3) Awards may be terminated in whole or in part by the department in accordance with the following procedure:

NR 542.13(3)(a) (a) The department shall attempt to consult with the grantee prior to any termination. After the department has received any views expressed by the grantee, the department may terminate the award in whole or in part.

NR 542.13(3)(b) (b) Any termination shall be in writing and shall state the reasons for terminating the award. Notices of termination shall be served on the grantee personally or by mail.

NR 542.13(4) (4) Upon termination, the grantee shall refund or credit to the state of Wisconsin that portion of any funds paid or owed to the grantee and allocable to the terminated project work, except an amount as may be required to meet commitments which had become enforceable prior to the termination. The grantee may not make any new commitments without department approval. The grantee shall reduce the amount of outstanding commitments insofar as possible and report to the department the uncommitted balance of funds awarded.

NR 542.13 History History: Cr. Register, July, 1991, No. 427, eff. 8-1-91.

NR 542.14 NR 542.14 Enforcement. The following sanctions may be imposed for noncompliance with s. 287.11, Stats., the provisions of this chapter, or any award made under this chapter:

NR 542.14(1) (1) The award may be terminated under s. NR 542.13;

NR 542.14(2) (2) Program costs directly related to the noncompliance may be declared ineligible;

NR 542.14(3) (3) Payment otherwise due to the grantee may be withheld under s. NR 542.09;

NR 542.14(4) (4) Other administrative and judicial remedies may be instituted as legally available and appropriate;

NR 542.14(5) (5) The department may seek recovery of some or all payments.

NR 542.14 History History: Cr. Register, July, 1991, No. 427, eff. 8-1-91.