NR 162.17 HistoryHistory: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23. NR 162.18NR 162.18 Noncompliance. Upon failure of the recipient to comply with s. 281.58 or 281.59, Stats., or with provisions of this chapter, the department may do any of the following: NR 162.18(1)(1) Refuse to enter into a financial assistance agreement. NR 162.18(3)(3) Seek any other appropriate remedy, relief, or penalty. NR 162.18 HistoryHistory: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23. NR 162.19(1)(1) General. The department may, on its own initiative or pursuant to a written request from an applicant, approve a variance from a requirement of this chapter when it determines that special circumstances make a variance in the best interest of the state. Any variance approved shall be consistent with the objectives of ss. 281.58 and 281.59, Stats. NR 162.19(2)(2) Applicability. The department may only approve a variance from a non-statutory requirement of this chapter. NR 162.19(3)(3) Request for variance. An applicant shall submit a request for a variance in writing to the department as soon as it is determined a variance is needed. Each request for a variance shall contain all of the following: NR 162.19(3)(b)(b) The section of this chapter from which the applicant seeks a variance and a statement explaining why the variance is necessary. NR 162.19(3)(c)(c) An adequate description of the variance desired, and the facts that the recipient believes warrant the department’s approving the variance. NR 162.19(3)(d)(d) A statement as to whether the recipient has previously requested the same or a similar variance, and if so, the circumstances of the previous request. NR 162.19 HistoryHistory: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23. NR 162.20NR 162.20 Administrative fees. An administrative fee, if one is imposed, shall be included in the biennial finance plan established under s. 281.59 (3), Stats., which is approved by the building commission under s. 13.48, Stats. NR 162.20 HistoryHistory: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23. NR 162.21NR 162.21 Applicability. This subchapter applies to applicants for and recipients of financial assistance for urban nonpoint source water pollution abatement or storm water runoff BMPs. Compliance with the applicable requirements of this subchapter is a prerequisite to receiving a financial assistance agreement under the CWFP for urban runoff and storm water BMP projects. In addition to the sections of this subchapter, all of the following sections in subchs. I, II, and V apply to projects receiving a financial assistance agreement from the CWFP for urban runoff and storm water BMP projects: ss. NR 162.001, 162.003, 162.01, 162.02, 162.055, 162.49 (3), and 162.50 to 162.52. NR 162.21 HistoryHistory: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23. NR 162.22(1)(1) A municipality may receive financial assistance under this subchapter for a publicly owned project necessary to control storm water runoff pollution in order to achieve water quality standards, including publicly-owned storm water management projects on public or private land that are required by any of the following: NR 162.22(1)(c)(c) A storm water management plan or other applicable plan approved by the department for purposes of managing runoff. NR 162.22(2)(2) A project that is eligible under sub. (1) may consist of individual BMPs on private land that treat runoff and serve one or more private properties if the municipality satisfies all of the following: NR 162.22(2)(b)(b) Is responsible for the proper installation, operation, and maintenance of each individual BMP. NR 162.22(2)(c)(c) Has unlimited access to each individual BMP at all reasonable times for the purposes of inspection, monitoring, construction, maintenance, operation, rehabilitation, and replacement of the BMP.