281.57(9)(b)4.
4. Prior to the start of construction of any reimbursable project if all required procedures have been complied with.
281.57(9)(b)5.
5. Subject to a priority determination system consistent with
sub. (6) for reimbursable projects.
281.57(9)(c)
(c) The maximum state assistance the department may commit in each fiscal year before fiscal year 1989-90 for future reimbursement under this subsection is an amount equal to the amount authorized under
sub. (7) (c) for the subsequent fiscal year.
281.57(9m)
(9m) Advance commitments for reimbursement of engineering design costs. The department may make an advance commitment to a municipality for the reimbursement of engineering design costs from funds appropriated under
s. 20.866 (2) (tn) subject to all of the following requirements:
281.57(9m)(a)
(a) For fiscal year 1989-90, the advance commitment shall include a provision making the reimbursement of engineering design costs conditional on the award or making of a construction grant under this section or a loan under
ss. 281.58 and
281.59. If the financial assistance that the municipality receives for construction of a treatment work is a loan, the engineering design cost reimbursement shall be a loan. After June 30, 1990, and before September 1, 1990, the department may enter into an agreement with a municipality to provide engineering design costs under this subsection if the department makes an advance commitment for the reimbursement of those costs before July 1, 1990, and the municipality receives financial assistance under this section and
s. 281.59 for construction.
281.57(9m)(b)
(b) The advance commitment may be made only for engineering design activities commenced after the department makes the advance commitment.
281.57(9m)(c)
(c) The advance commitment may be made only if the municipality has completed all facility planning requirements.
281.57(9m)(d)
(d) The advance commitment may be made only for engineering design projects and costs which are eligible under
sub. (4) (a),
(b) and
(c) 3.
281.57(9m)(e)
(e) The advance commitment shall be subject to a priority determination system consistent with
sub. (6).
281.57(10)
(10) Expenditure authorization. The department may expend, from the appropriation under
s. 20.866 (2) (tn), the total amount which is authorized under that paragraph to be contracted for public debt and has not been expended, for new grants under this section for engineering design costs, construction costs and other costs which can be funded from bond revenue.
281.57(10m)
(10m) Loan for modification or replacement of an innovative or alternative project. Notwithstanding
subs. (2),
(4) to
(10) and
(12), during the 1997-99 fiscal biennium, the department shall provide a loan of $1,300,000 to a municipality for all of the planning, design and construction costs incurred after June 30, 1995, for the modification or replacement of a failed innovative or alternative point source pollution abatement facility for which the department issued written approval of eligibility under
40 CFR 35.2032 before December 10, 1996, and which requires additional construction to eliminate discharge of effluent to groundwater and to establish a new surface water outfall. The department may not charge any interest on the loan and may not require the municipality to repay the loan until the municipality receives a grant from the federal environmental protection agency for the modification or replacement of the point source pollution abatement facility. If the federal environmental protection agency denies the grant, the department shall forgive the loan.
281.57(11)
(11) Construction. This section shall be liberally construed in aid of the purposes declared in
sub. (1).
281.57(12)(a)(a) Notwithstanding
sub. (6), the department may not issue a grant award under the state program for a municipality that has not submitted to the department by January 2, 1989, a facility plan which meets the requirements of this section and is approvable by the department under this chapter.
281.57(12)(b)
(b) Notwithstanding
sub. (6), the department may not issue a grant award under the state program for planning or construction work after June 30, 1990.
281.57 History
History: 1977 c. 418;
1979 c. 34 ss.
976g to
976wd,
2102 (39) (g);
1979 c. 221 ss.
626 to
626y,
2200 (20),
2202 (39);
1981 c. 1,
20,
174;
1983 a. 27;
1985 a. 29 ss.
1935 to
1938,
3202 (39);
1985 a. 120;
1987 a. 27,
399;
1989 a. 31,
336,
366;
1991 a. 39,
315;
1995 a. 27;
1995 a. 227 s.
424; Stats. 1995 s. 281.57;
1997 a. 27.
281.58
281.58
Clean water fund program; financial assistance. 281.58(1)(ae)
(ae) "Capital cost loan" means a loan to a municipality to finance its payment for capital costs to a metropolitan sewerage district organized under
ss. 66.88 to
66.918.
281.58(1)(ai)
(ai) "Clean water fund program" means the program administered under this section with financial management provided under
s. 281.59.
281.58(1)(b)
(b) "Enforceable requirement" means any of the following:
281.58(1)(b)1.
1. Those conditions or limitations of a permit under
ch. 283 which, if violated, could result in the initiation of a civil or criminal action under
s. 283.89.
281.58(1)(b)3.
3. If a permit under
ch. 283 has not been issued, those conditions or limitations which, in the department's judgment, would be included in the permit when issued.
281.58(1)(b)4.
4. If no permit under
ch. 283 applies, any requirement which the department determines is necessary for the best practicable waste treatment technology to meet applicable criteria.
281.58(1)(c)
(c) "Industrial user" means any of the following:
281.58(1)(c)1.
1. Any nongovernmental, nonresidential user of a publicly owned treatment work which discharges more than the equivalent of 25,000 gallons per day of sanitary wastes, other than domestic wastes or discharges from sanitary conveniences, or discharges a volume that has the weight of biochemical oxygen demand or suspended solids at least as great as the weight found in 25,000 gallons per day of sanitary waste from residential users, and which is identified in the standard industrial classification manual, 1972, federal office of management and budget, as amended and supplemented as of October 1, 1978, under one of the following divisions:
281.58(1)(c)1.d.
d. Division E: transportation, communications, electric, gas, and sanitary services.
281.58(1)(c)2.
2. Any nongovernmental user of a publicly owned treatment work which discharges wastewater to the treatment work which contains toxic pollutants or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any municipal system, to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, to create a public nuisance, or to create any hazard in or have an adverse effect on the waters receiving any discharge from the treatment works.
281.58(1)(c)3.
3. All commercial users of an individual system constructed with grant assistance under
s. 281.57.
281.58(1)(cg)
(cg) "Market interest rate" means the interest at the effective rate of a revenue obligation issued by the state to fund a project loan or a portion of a project loan under the clean water fund program.
281.58(1)(cm)
(cm) "Median household income" means median household income determined by the U.S. bureau of the census as adjusted by the department to reflect changes in household income since the most recent federal census.
281.58(1)(cs)
(cs) "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 person or 2 or more persons maintaining a common household and that uses a publicly owned treatment work. "Residential user" does not include an institutional, commercial, industrial or governmental facility.
281.58(1)(e)
(e) "Violator of an effluent limitation" means a person or municipality that after May 17, 1988, is not in substantial compliance with the enforceable requirements of its permit issued under
ch. 283 for a reason that the department determines is or has been within the control of the person or municipality.
281.58(2)
(2) Rules. The department shall promulgate rules that are necessary for the proper execution of its responsibilities under this section.
281.58(2m)
(2m) General duties. The department shall:
281.58(2m)(a)
(a) Administer its responsibilities under the clean water fund program.
281.58(2m)(b)
(b) Have the lead state role with the U.S. environmental protection agency.
281.58(2m)(c)
(c) Cooperate with the department of administration in administering the clean water fund program.
281.58(2m)(d)
(d) Have the lead state role with municipalities in providing clean water fund program information, and cooperate with the department of administration in providing such information to municipalities.
281.58(2m)(e)
(e) Inspect periodically clean water fund project construction to determine project compliance with construction plans and specifications approved by the department and the requirements of this section and
s. 281.59 and, if applicable, of
33 USC 1251 to
1376 and
33 USC 1381 to
1387 and the regulations promulgated thereunder.
281.58(2m)(f)
(f) Submit a biennial budget request under
s. 16.42 for the clean water fund program.
281.58(3)
(3) Acceptance of federal capitalization grants. 281.58(3)(b)
(b) The department may enter into an agreement with the U.S. environmental protection agency to receive a grant for federal financial hardship assistance under
P.L. 104-134, Title III. The agreement may contain any provision required by
40 CFR part 31 or other environmental protection agency regulations that apply to grant recipients.
281.58(3m)
(3m) Biennial needs list. By May 1 of each even-numbered year, the department shall prepare and submit to the department of administration a biennial needs list that includes all of the following information:
281.58(3m)(a)
(a) A list of wastewater treatment projects that the department estimates will apply for financial assistance under the clean water fund program during the next biennium.
281.58(3m)(b)
(b) The estimated cost and estimated construction schedule of each project on the list, and the total of the estimated costs of all projects on the list.
281.58(3m)(c)
(c) The estimated rank of each project on the priority list under
sub. (8e).
281.58(6)
(6) Methods of providing financial assistance. 281.58(6)(a)(a) The department may determine whether a municipality is eligible for financial assistance under the clean water fund program for any of the following:
281.58(6)(a)1.
1. Planning, designing and constructing or replacing a treatment work.
281.58(6)(b)
(b) The following methods of providing financial assistance may be used under the clean water fund program:
281.58(6)(b)1.
1. Purchasing or refinancing the obligation of a municipality if the obligation was incurred to finance the cost of constructing a water pollution control project located in this state and the obligation was initially incurred on or after May 17, 1988.
281.58(6)(b)2.
2. Purchasing or refinancing the obligation of a municipality if the obligation was incurred to finance the cost of constructing a water pollution control project located in this state and the obligation was initially incurred after March 7, 1985, and before May 17, 1988, if after giving the notice of financial assistance commitment under
sub. (15) the requirements of
33 USC 1382 (b) (3) have still not been met.
281.58(6)(b)3.
3. Guaranteeing, or purchasing insurance for, municipal obligations for the construction or replacement of a treatment work if the guarantee or insurance would improve credit market access or reduce interest rates.
281.58(6)(b)8.
8. Providing payments to the board of commissioners of public lands to reduce principal or interest payments, or both, on loans made to municipalities under
subch. II of ch. 24 by the board of commissioners of public lands for projects that are eligible for financial assistance under the clean water fund program.
281.58(7)(a)(a) The department shall, by rule, establish criteria for determining which applicants and which projects are eligible to receive financial assistance under the clean water fund program. The primary criteria for eligibility shall be water quality and public health. The rules for clean water fund projects funded from the account under
s. 25.43 (2) (a) shall be consistent with
33 USC 1251 to
1376 and
33 USC 1381 to
1387 and the regulations promulgated thereunder. The rules for clean water fund projects funded from the account under
s. 25.43 (2) (b) may be consistent with
33 USC 1251 to
1376 and
33 USC 1381 to
1387 and the regulations promulgated thereunder.
281.58(7)(b)
(b) The department may determine whether a municipality is eligible for financial assistance under the clean water fund program for any of the following types of projects:
281.58(7)(b)1.
1. Projects that the department determines are necessary to prevent a municipality from significantly exceeding an effluent limitation contained in a permit issued under
ch. 283.
281.58(7)(b)2.
2. Projects needed to provide treatment to achieve compliance with an enforceable requirement changed or established after May 17, 1988, if the project is for a municipality that is in substantial compliance with its permit, issued under
ch. 283, in regard to the changed or established enforceable requirements.
281.58(7)(b)3.
3. Projects for treatment work planning and design, except for the planning and design listed under
subd. 6.
281.58(7)(b)5.
5. Projects for the treatment of nonpoint source pollution and urban storm water runoff.
281.58(7)(b)6.
6. Projects for the planning, design, construction or replacement of treatment works that violate effluent limitations contained in a permit issued under
ch. 283.
281.58(7)(b)7.
7. Projects for which a municipality seeks a capital cost loan.
281.58(8)
(8) Ineligibility for and limitations on financial assistance. 281.58(8)(a)(a) The following are not eligible for financial assistance from the clean water fund program:
281.58(8)(a)1.
1. A person or municipality that has failed to substantially comply, as specified by the rules promulgated under
sub. (2), with the terms of a federal or state grant or loan used to pay the costs of studies, investigations, plans, designs or construction associated with wastewater collection, transportation, treatment or disposal or used to pay the cost of studies, investigations, plans, designs or construction associated with implementing a nonpoint source control management program.
281.58(8)(a)2.
2. Connection laterals and sewer lines that transport wastewater from structures to municipally owned or individually owned wastewater systems.
281.58(8)(a)3.
3. Public sanitary sewer mains, interceptors and individual systems which exclusively serve future development.
