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.
281.58(8)(a)4.b.
b. The portion of a project funded under
s. 281.59 (13) relating to a collection system, even if the costs relating to the collection system were not eligible under
s. 281.57.
281.58(8)(a)5.
5. During fiscal years 1989-90 to 1994-95, a person or municipality in violation of an effluent limitation contained in a permit issued under
ch. 283, unless that person or municipality is eligible under
s. 281.59 (13).
281.58(8)(b)1.1. Except as provided in
subd. 2. and
par. (k), the amount of reserve capacity for a project eligible for financial assistance through a method specified under
sub. (6) (b) is limited to that future capacity required to serve the users of the project expected to exist within the service area of the project 10 years after the project is estimated to become operational. The department, in consultation with the demographic services center in the department of administration under
s. 16.96, shall promulgate rules defining procedures for projecting population used in determining the amount of reserve capacity.
281.58(8)(b)2.
2. Except as provided in
par. (k), the department may not determine that a municipality is eligible for financial assistance through a method specified under
sub. (6) (b) for reserve capacity for a collection system, interceptors or an individual system project in an unsewered municipality.
281.58(8)(c)
(c) Except as provided in
par. (k), financial assistance may be provided for the design, planning and construction of a collection system, interceptor or individual system project in an unsewered municipality or an unsewered area of a municipality, only if the department finds that at least two-thirds of the initial flow will be for wastewater originating from residences in existence on October 17, 1972.
281.58(8)(d)
(d) An unsewered municipality that is not constructing a treatment work and will be disposing of wastewater in the treatment work of another municipality is not eligible for financial assistance under the clean water fund program until it executes an agreement under
s. 66.30 with another municipality to receive, treat and dispose of the wastewater of the unsewered municipality.
281.58(8)(e)
(e) Financial assistance may be provided to a municipality for a project only if the financial assistance is used for a project that is the most cost-effective alternative for the municipality without regard to financial assistance from the federal government and this state.
281.58(8)(f)
(f) Except as provided in
par. (k), the department may not determine that a municipality is eligible for financial assistance through a method specified under
sub. (6) (b) for the portion of a project that treats wastes from industrial users.
281.58(8)(g)
(g) The sum of all of the financial assistance to a municipality approved under the clean water fund program for a project may not result in the municipality paying less than 30% of the cost of the project.
281.58(8)(h)
(h) Except as provided in
par. (k), a municipality that is a violator of an effluent limitation at the time that the application for a treatment work project is approved under
sub. (9m) may not receive financial assistance of a method specified under
sub. (6) (b) 1.,
2.,
3.,
4. or
5. for that part of the treatment work project that is needed to correct the violation. This paragraph does not apply to a municipality that after May 17, 1988, is in compliance with a court or department order to correct a violation of the enforceable requirements of its
ch. 283 permit, and that is applying for financial assistance under
s. 281.59 (13) to correct that violation.
281.58(8)(i)
(i) After June 30, 1991, no municipality may receive for projects in a biennium an amount that exceeds 35.2% of the amount approved by the legislature under
s. 281.59 (3e) (b) for that biennium.
281.58(8)(k)
(k) The restrictions specified under
par. (b) 1. and
2.,
(c),
(f) or
(h) do not apply to any of the following methods of financial assistance:
281.58(8)(k)2.
2. A purchase or refinancing of an obligation at fair market value and at the market interest rate.
281.58(8)(k)3.
3. A guarantee or a purchase of insurance for a municipal obligation which will permit the municipality credit market access not otherwise available or which will reduce the interest rate on the obligation to not less than the market rate.
281.58(8)(L)
(L) The total amount of capital cost loans made under the clean water fund program may not exceed $120,000,000, and no capital cost loan funds may be released under the clean water fund program until the secretary of administration has found in writing that all of the following facts have occurred:
281.58(8)(L)1.
1. The cities of Brookfield, Mequon, Muskego and New Berlin and the villages of Butler, Elm Grove, Germantown, Menomonee Falls and Thiensville have signed an agreement with a metropolitan sewerage district organized under
ss. 66.88 to
66.918, under which each municipality agrees to pay some portion of the amount of $120,000,000 authorized in this paragraph to the metropolitan sewerage district for the district's capital costs and the sum of the amount that each municipality agrees to pay equals at least $120,000,000.
281.58(8)(L)2.
2. The agreement in
subd. 1. has also been signed by the metropolitan sewerage district organized under
ss. 66.88 to
66.918.
281.58(8e)
(8e) Priority. The department shall establish a priority list in accordance with
33 USC 1381 to
1387 which ranks each project. The ranking on the priority list shall be based on all of the following:
281.58(8e)(b)
(b) The impact of the project on groundwater and surface water quality.
281.58(8e)(cm)
(cm) A factor that gives higher priority than would otherwise be given to a project to serve more than one municipality if all of the following apply:
281.58(8e)(cm)1.
1. Each municipality to be served by the project has a population of 2,500 or less.
281.58(8e)(cm)2.
2. At least one of the municipalities to be served by the project has a wastewater treatment system that is unusable because of failures of the system.
281.58(8e)(cm)3.
3. The municipalities to be served by the project are submitting an application for a new joint treatment work.
281.58(8e)(cm)4.
4. At least one of the municipalities to be served by the treatment work has been ordered to upgrade a current system.
281.58(8m)(a)(a) A municipality shall submit notice to the department of its intent to apply for financial assistance under this section and
s. 281.59. A municipality shall submit the notice at least 6 months before the beginning of the fiscal year in which it will request to receive financial assistance. The notice shall be in a form prescribed by the department and the department of administration.
281.58(8m)(c)
(c) The department may waive
par. (a) upon the written request of a municipality.
281.58(8s)
(8s) Facility plan. A municipality seeking financial assistance for a project under this section, except for a municipality seeking a capital cost loan, shall complete a facility plan as required by the department by rule.
281.58(9)(a)(a) After the department approves a municipality's facility plan submitted under
sub. (8s), the municipality shall submit an application for participation to the department. The application shall be in such form and include such information as the department and the department of administration prescribe and shall include design plans and specifications that are approvable by the department under this chapter. The department shall review applications for participation in the clean water fund program. The department shall determine which applications meet the eligibility requirements and criteria under
subs. (6),
(7),
(8),
(8m) and
(13).
281.58(9)(ae)
(ae) A municipality that submits an application under
par. (a) without design plans and specifications may obtain an initial determination of financial eligibility from the department of administration. The department of natural resources may not approve a municipality's application until the municipality submits approvable design plans and specifications.
281.58(9)(am)
(am) A municipality may not submit more than one application under
par. (a) for any single project in any 12-month period except that this paragraph does not apply to applications for financial assistance for additional costs of an approved project.
281.58(9)(b)
(b) A municipality seeking financial assistance, except for a municipality seeking a capital cost loan, for a project under the clean water fund program shall complete an environmental analysis sequence as required by the department by rule.
281.58(9)(c)
(c) If a municipality is serviced by more than one sewerage district for wastewater pollution abatement, each service area of the municipality shall be considered a separate municipality for purposes of obtaining financial assistance under the clean water fund program.
281.58(9)(d)
(d) The department of administration and the department jointly may charge and collect service fees, established by rule, which shall cover the estimated costs of reviewing and acting upon the application and servicing the financial assistance agreement. No service fee established by rule under this paragraph may be charged to or collected from an applicant for financial assistance under
s. 281.59 (13).
281.58(9)(e)
(e) If the governor's recommendation, as set forth in the executive budget bill, for the amount under
s. 281.59 (3e) (b), the amount available under
s. 20.866 (2) (tc) or the amount available under
s. 281.59 (4) (f) for a biennium is 85% or less of the amount of present value subsidy, general obligation bonding authority or revenue bonding authority, respectively, requested for that biennium in the biennial finance plan submitted under
s. 281.59 (3) (bm) 1., the department shall inform municipalities that, if the governor's recommendations are approved, clean water fund program assistance during a fiscal year of that biennium will only be available to municipalities that submit financial assistance applications by the June 30 preceding that fiscal year.
281.58(9)(f)
(f) The fees collected under
par. (d) shall be credited to the environmental improvement fund.
281.58(9m)
(9m) Acceptance of application; allocation of funding. 281.58(9m)(a)(a) Subject to
pars. (c) and
(d), the department shall approve an application after all of the following occur:
281.58(9m)(a)1.
1. The department determines that the project meets the eligibility requirements and criteria under
subs. (7),
(8),
(8m) and
(8s).
281.58(9m)(c)
(c) The department may approve an application under
par. (a) in a year only after the amount under
s. 281.59 (3e) (b) for the biennium in which that year falls has been approved by the legislature under
s. 281.59 (3e) (b).
281.58(9m)(d)
(d) The department may not approve an application under
par. (a) for a project that is not on the priority list under
sub. (8e).
