281.53 Cross-reference
Cross Reference: See also ch.
NR 127, Wis. adm. code.
281.55
281.55
Financial assistance program. 281.55(1)
(1) The legislature finds that state financial assistance for the construction and financing of pollution prevention and abatement facilities is a public purpose and a proper state government function in that the state is trustee of the waters of the state and that such financial assistance is necessary to protect the purity of state waters.
281.55(2)
(2) In order that the construction of pollution prevention and abatement facilities necessary to the protection of state waters be encouraged, a state program of assistance to municipalities and school districts for the financing of such facilities is established and a program of state advances in anticipation of federal aid reimbursement is established to meet the state's water quality standards. These state programs shall be administered by the department of natural resources and the department shall make such rules as are necessary for the proper execution of the state program.
281.55(2m)
(2m) In this section "estimated reasonable costs" include the costs of preliminary planning to determine the economic and engineering feasibility of pollution prevention and abatement facilities, the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other action necessary to the construction of pollution prevention and abatement facilities and the erection, building, acquisition, alteration, remodeling, improvement or extension of pollution prevention and abatement facilities and the inspection and supervision of the construction of pollution prevention and abatement facilities.
281.55(3)(a)(a) The department shall establish criteria to determine those municipalities and school districts and projects which are eligible for the state program and to determine appropriate priorities among the projects.
281.55(3)(c)
(c) All municipalities and school districts are eligible for agreements under
sub. (6) (b) based on the criteria in this paragraph. The criteria shall consider the health hazards of existing conditions, the extent and nature of pollution, per capita costs of the project, property valuation of the municipalities or school districts as equalized by the state, income of the residents in the municipalities or school districts, the availability of federal funds for the project, soil conditions, the feasibility and practicality of the project, the borrowing capacity of the municipality or school district and any other factors which the department considers important. Municipalities or school districts commencing projects but not completed prior to January 18, 1970, shall be deemed eligible for agreements under
sub. (6) (b). School district projects are not eligible if the project is located within the corporate limits of a city or of a village with an operating municipal sewage system.
281.55(4)
(4) Municipalities or school districts which desire to participate in the state program shall submit application for participation to the department. The application shall be in such form and include such information as the department prescribes.
281.55(5)
(5) The department shall review applications for participation in the state program. It shall determine those applications which meet the criteria it established under
sub. (3), and shall arrange the applications in appropriate priority order.
281.55(6)
(6) The department may enter into agreement with municipalities and school districts to provide state assistance for the financing of those pollution prevention and abatement facilities projects it approves under
sub. (5).
281.55(6)(b)
(b) The department may enter into agreements with municipalities and school districts to make payments to them from the appropriations made by
s. 20.866 (2) (tm).
281.55(6)(b)1.
1. These payments shall not exceed 50% of the approved project in conjunction with the state program of advancement in anticipation of federal reimbursement under
sub. (2). To provide for the financing of pollution prevention and abatement facilities, the natural resources board, with the approval of the governor, subject to the limits of
s. 20.866 (2) (tm) may direct that state debt be contracted as set forth in
subd. 2. and subject to the limits set therein. Said debts shall be contracted for in the manner and form as the legislature hereafter prescribes.
281.55(6)(b)2.
2. It is the intent of the legislature that state debt not to exceed $150,850,000 in the 10-year period from 1969 to 1979 may be incurred for state water pollution and abatement assistance.
281.55(6)(e)
(e) The department shall review and approve the plans and specifications of all facilities designed and constructed by agreement under this section.
281.55(7)
(7) This section shall be construed liberally in aid of the purposes declared in
sub. (1).
281.55(8)
(8) After June 30, 1979, the department may not enter into any agreements or contracts under
sub. (6) (b), but the department shall continue to make payments on existing agreements and contracts until the terms of the agreements and contracts are fully satisfied.
281.55 Cross-reference
Cross Reference: See also ch.
NR 125, Wis. adm. code.
281.56
281.56
Financial assistance program; sewerage systems. 281.56(1)(1) The financial assistance program established under this section is to be used only if the applicant is unable to receive assistance in a timely manner from the federal government and supplementary funding program established under
s. 281.55. Receipt of aid under this section makes the applicant ineligible for aid under
s. 281.55.
281.56(2)
(2) There is established a state program of assistance to municipalities and unincorporated areas for the purpose of financing the construction of water pollution abatement and sewage collection systems. The program shall be administered by the department which shall make such rules as are necessary for the proper execution of the program.
281.56(3)(a)(a) The department shall establish criteria to determine those municipalities and projects which are eligible for the state program and to determine appropriate priorities by rule among the projects.
281.56(3)(b)
(b) All municipalities having a population of less than 10,000 are eligible for agreements under
sub. (6) based on the criteria in this paragraph. The criteria shall consider the health hazards of existing conditions, the adequacy of the existing water pollution abatement system, per capita costs of the project, property valuation of the municipalities as equalized by the state, income of the residents in the municipalities, the availability of federal funds for the project and the borrowing capacity of the municipality. Highest priority shall initially be given to projects which have completed all necessary planning and engineering and any other factors which the department considers important. Municipalities commencing projects not completed prior to June 29, 1974 are eligible for agreements under
sub. (6).
281.56(4)
(4) Municipalities which desire to participate in the state program shall submit application for participation to the department. The application shall be in such form and include such information as the department prescribes.
281.56(5)
(5) The department shall review applications for participation in the state program. It shall determine those applications which meet the criteria it established under
sub. (3) and shall arrange the applications in appropriate priority order.
281.56(6)(a)(a) Upon approval of an application, the department may enter into an agreement with the municipality to pay from the appropriation under
s. 20.866 (2) (tm) an amount not to exceed 50% of the estimated reasonable costs of the approved project. The agreement shall be for such duration and subject to such terms as the department may prescribe. The department shall not grant any municipality more than 10% of the funds available under
s. 20.866 (2) (tm) for a given year.
281.56(6)(b)
(b) In this subsection "estimated reasonable costs" include the costs of preliminary planning to determine the economic and engineering feasibility of a proposed sewerage system, the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other action necessary to the construction of the project and the erection, building, acquisition, alteration, remodeling, improvement or extension of system facilities and the inspection and supervision of the construction of such facilities.
281.56(7)
(7) The department shall review and approve the plans and specifications of all facilities designed and constructed by agreement under this section.
281.56(8)
(8) After June 30, 1978, the department may not enter into any agreements or contracts under this section, but the department shall continue to make payments on existing agreements and contracts until the terms of the agreements and contracts are fully satisfied.
281.56 History
History: 1973 c. 333;
1977 c. 418;
1995 a. 227 s.
422; Stats. 1995 s. 281.56.
281.56 Cross-reference
Cross Reference: See also ch.
NR 126, Wis. adm. code.
281.57
281.57
Financial assistance program; point source pollution abatement. 281.57(1)(1)
Legislative intent. The legislature finds that state financial assistance for facility planning, engineering design and construction of point source pollution abatement facilities is a public purpose and a proper state government function in that the state is the trustee of the waters of the state and that this financial assistance is necessary to protect the purity of state waters. In order that facility planning, engineering design and construction of point source pollution abatement facilities necessary to the protection of state waters be encouraged, a state program of assistance to municipalities for the financing of these activities is established. The legislature further finds that in order for the construction of point source pollution abatement facilities to proceed in an expeditious manner it is appropriate to meet the costs through the issuance of public debt, extending the financial obligation incurred over a generation of beneficiaries of these facilities.
281.57(2)
(2) Administration; rules. The state's point source pollution abatement program shall be administered by the department. The department shall make such rules as are necessary for the proper execution of the program.
281.57(3)(a)
(a) "Federal act" means the federal water pollution control act
P.L. 92-500, as amended.
281.57(3)(b)
(b) "Point source pollution abatement facilities" means those facilities eligible for financial assistance under title II of the federal act.
281.57(3)(c)
(c) "State program" means the program of financial assistance for point source pollution abatement established under this section.
281.57(4)(a)(a) The department shall, by rule, specify criteria for determining eligible municipalities and projects for funding by grants under this section. Where a municipality is serviced by more than one sewerage district for wastewater pollution abatement, each service area of the municipality shall be considered as a separate municipality for purposes of obtaining financial assistance under the state program. Except as provided in this subsection, the department shall promulgate rules which specify criteria for determining eligible participants and projects which comply with the federal act and rules promulgated under the federal act.
281.57(4)(b)1.1. Eligible projects relating to collection systems include only the following:
281.57(4)(b)1.a.
a. A collection system in an unsewered municipality which is constructing a new wastewater treatment plant and collection system rehabilitation which is necessary to maintain the total integrity of a sewerage system.
281.57(4)(b)1.b.
b. A collection system which the department orders under
s. 281.43 (1) notwithstanding the outcome of the annexation referendum under
s. 281.43 (1m). Notwithstanding
sub. (7) (a) and any rules promulgated under this section, the department shall award funding under this
subd. 1. b. in an amount that totals 60% of all costs of the project, rather than of eligible costs of the project.
281.57(4)(b)1.c.
c. A collection system in an unsewered community which is being connected to an existing wastewater treatment plant if the municipality applied to the department under
sub. (5) for financial assistance on or after January 1, 1986, and the municipality received, before January 1, 1987, a notice under
sub. (6) that the department was ready to allocate funds to the municipality.
281.57(4)(b)2.
2. Funding may not be provided for that portion of any project related to industrial capacity that is defined under
33 USC 1284 (b) (1), as amended on May 16, 1978, as subject to industrial cost recovery. Notwithstanding the federal act and regulations promulgated under that act, the state program does not require an industrial cost recovery system.
281.57(4)(b)3.
3. The amount of reserve capacity for treatment works eligible for grant assistance is limited to that future capacity required to serve the users of the treatment works expected to exist within the service area of the project 10 years from the time the treatment works are estimated to become operational or, in the case of interceptor sewers and associated appurtenances, the estimated date of operation. 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.
281.57(4)(c)1.1. Every applicant seeking grants for construction purposes under this section shall complete a staged facility planning, engineering design and environmental analysis sequence developed by the department. The department shall model the required sequence after the staged planning, design and environmental analysis sequence under title II of the federal act.
281.57(4)(c)2.
2. If sources of funding for the facility planning prescribed under this paragraph are not available for these activities, grants provided under this section may pay 50% of the cost of facility planning.
281.57(4)(c)2m.
2m. Amendments or applications for facility planning grants received after March 1, 1987, shall be funded at 50% of the cost of the facility planning.
281.57(4)(c)3.
3. If sources of funding for the engineering design prescribed under this paragraph are not available for these activities, grants provided under this section may pay 75% of the cost of engineering design activities.
281.57(4)(c)4.
4. Engineering design cost grants made from the appropriation under
s. 20.866 (2) (tn) shall be awarded at the time a construction grant is awarded and may be awarded only if an advance commitment for reimbursement is made under
sub. (9m).
281.57(4)(d)
(d) If a project funded under this section fails, the department may not require the recipient of the grant to reimburse the department for costs determined to be eligible under this section if all of the following apply:
281.57(4)(d)1.
1. The applicant initiates legal action and pursues the action to completion, unless the department agrees otherwise, to recover costs from parties potentially liable for the project's failure and the legal action is not resolved before May 11, 1990.
281.57(4)(d)2.
2. The applicant agrees in writing to pay to the department, for the state-funded portion of the project, funds recovered under the legal action in excess of the cost of the legal action.
281.57(5)
(5) Application. Municipalities which desire to participate in the financial assistance program under this section shall submit an application for participation to the department. The application shall be in such form and include such information as the department prescribes. The department shall review applications for participation in the state program. It shall determine those applications which meet the criteria it established under
sub. (4).
281.57(6)(a)(a) Each municipality shall notify the department of its intent to apply for a grant under this section by January 1 of each year. For those municipalities that notify the department by January 1, the department shall annually compile a funding list which ranks these municipalities in the same order as they appear on the federal priority list, prepared under the federal act, as of January 1 of each year. Except as provided in
sub. (7) (c) 4., if there is not sufficient funding available under this section to fund all grant applications in one year, the department shall allocate available funding to projects in the order in which they appear on the funding list. The department shall not allocate funds to a municipality that is on the funding list in a particular year if the municipality is not ready to begin construction within 3 months of the time when the department is ready to allocate the funds, and the municipality can reasonably expect to receive funds under the federal program within 12 months of the time when the department is ready to allocate the funds.
281.57(6)(b)
(b) For those municipalities that notify the department after January 1 but before April 1 of each year of their intent to apply for a grant under this section, the department shall compile a funding list as of April 1 of each year. If funding remains from the allocation under
par. (a), the department shall allocate available funding to projects in the order in which they appear on the funding list compiled under this paragraph. The department shall not allocate funds to a municipality under this paragraph that is on the funding list in a particular year if the municipality is not ready to begin construction within 3 months after the department is ready to allocate the funds and the municipality can reasonably expect to receive funds under the federal program within 12 months after the department is ready to allocate the funds.
281.57(6)(c)
(c) If a municipality receives a notice that the department is ready to allocate funds under
par. (a) or
(b) and, prior to the initiation of construction, the department determines that revisions to the proposed project based upon significant newly discovered information or recent technological innovation will reduce anticipated project costs without impeding the achievement of discharge and effluent standards, the department may reserve the funds previously committed under
par. (a) or
(b) for that municipality for a period not to exceed one priority year after the funding list is compiled under
par. (a) or
(b).
281.57(7)(a)1.1. Upon the completion by an applicant of all application requirements, the department may enter into an agreement with a municipality for a grant of up to 60% of the eligible costs of a project, except as provided under
sub. (4) (c), if the municipality is awarded a grant before July 1, 1989.
281.57(7)(a)2.
2. Upon the completion by an applicant of all application requirements, the department may enter into an agreement with a municipality for a grant of up to 55% of the eligible costs of the project, except as provided under
sub. (4) (c), if the municipality is awarded a grant after June 30, 1989, but before July 1, 1990.
281.57(7)(b)
(b) No project funded under this section may receive state assistance that, combined with other nonlocal government assistance, exceeds 75% of the eligible cost of the project.
281.57(7)(c)1.1. Metropolitan sewerage districts that serve 1st class cities are limited in each fiscal year to receiving total grant awards not to exceed 33% of the sum of the amounts in the schedule for that fiscal year for the appropriation under
s. 20.143 (3) (de) and the amount authorized under
sub. (10) for that fiscal year plus the unencumbered balance at the end of the preceding fiscal year for the amount authorized under
sub. (10). This subdivision is not applicable to grant awards provided during fiscal years 1985-86, 1986-87, 1988-89 and 1989-90.
281.57(7)(c)2.
2. Metropolitan sewerage districts that serve 1st class cities are limited to new project grant awards of not more than $29,900,000 in fiscal year 1985-86, of not more than $35,300,000 in fiscal year 1986-87, of not more than $70,000,000 in fiscal year 1988-89 and of not more than $45,600,000 in fiscal year 1989-90 from the amounts authorized under
sub. (10), plus any unallocated balances from the previous fiscal year as listed in this subdivision which the department determines, in accordance with its rules establishing a priority funding list under
sub. (6), will be available for obligation during the succeeding fiscal year.
281.57(7)(c)3.
3. Sewerage districts that do not serve 1st class cities are limited to new project grant awards that, in the aggregate for all those sewerage districts, are not more than $70,500,000 in fiscal year 1988-89 and not more than $48,338,400 in fiscal year 1989-90 from the amounts authorized under
sub. (10), plus any unallocated balances from the previous fiscal year as listed in this subdivision which the department determines, in accordance with its rules establishing a priority funding list under
sub. (6), will be available for obligation during the succeeding fiscal year.
281.57(7)(c)4.
4. Of the additional $11,938,400 authorized in
subd. 3. by
1989 Wisconsin Act 366, for fiscal year 1989-90, the department shall allocate $5,969,200 to each of the first 2 municipalities, except a metropolitan sewerage district that serves a 1st class city, whose projects have the highest rankings on the funding list under
sub. (6) (a). The department may not release the additional moneys authorized in
subd. 3. to such municipalities until the secretary certifies in writing that each municipality has signed an agreement with the department under which the municipality agrees to waive any further challenge to the order of placement of any of its projects on a priority funding list established by the department under
sub. (6).
281.57(8)(a)(a)
Water conservation. Each municipality receiving state assistance under this section for the construction of a point source pollution abatement facility shall develop and adopt a program of water conservation no less stringent than the federal requirements.
281.57(8)(b)
(b)
Operation and maintenance. Each municipality receiving state assistance under this section for the construction of a point source pollution abatement facility shall develop and adopt a program of systemwide operation and maintenance of the wastewater treatment plant, including the training of personnel, no less stringent than the federal requirements.
281.57(8)(c)1.1. Except as provided under
subd. 2., each municipality receiving state assistance under this section for the construction of a point source pollution abatement facility shall develop and adopt a system of equitable user charges to ensure that each recipient of waste treatment services pays its proportionate share of the costs of the operation and maintenance of the point source pollution abatement facility. The user fee system shall be in compliance with title II of the federal act and the rules promulgated under the federal act.
281.57(8)(c)2.
2. The department may issue an exemption from the requirement imposed under
subd. 1. if a city or village imposes a system of equitable dedicated charges based upon assessed property values, if the city or village does not operate a wastewater treatment plant but is served by a regional wastewater treatment plant operated by a metropolitan sewerage district created under
ss. 200.21 to
200.65 and if the user charges imposed by that district are approved by the department and comply with the requirements of title II of the federal act.
281.57(8)(d)
(d)
Prior approval. Payment in excess of two-thirds of the state assistance provided for the eligible costs of construction may not be made until the department approves the programs required under
pars. (a) and
(b) and any system required under
par. (c).
281.57(8)(e)
(e)
Rules. The department shall promulgate rules consistent with this subsection.
281.57(8m)
(8m) Repayment. The department may not require a municipality that received a construction grant under this section for a wastewater treatment system that subsequently failed to repay any portion of the grant related to the costs of that failed system if all of the following apply:
281.57(8m)(a)
(a) The municipality received the construction grant during fiscal year 1980-81.
281.57(8m)(b)
(b) Prior to the construction of the wastewater treatment system funded by the grant under
par. (a) the municipality was an unsewered municipality.
281.57(8m)(c)
(c) The department directed the municipality to correct the failed wastewater treatment system and the municipality received construction grant funding during fiscal year 1987-88 to make the corrections.
281.57(9)
(9) Advance commitments for reimbursement from future appropriations. 281.57(9)(a)(a) The department shall, by rule, implement and administer reimbursement funding to municipalities as part of the financial assistance program under this section to encourage the participation of all municipalities.
281.57(9)(b)
(b) The department shall promulgate rules specifying reimbursement eligibility and procedures for commitments of financial assistance. The rules shall specify that reimbursement shall be made or committed:
