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.

NR 162.22(2)(d) (d) Establishes a comprehensive program for the regulation, inspection, operation, and maintenance of individual BMPs and for monitoring the impact of the BMPs on the groundwater where required by the department.

NR 162.22(2)(e) (e) Complies with all other applicable requirements, limitations, and conditions for projects funded under this chapter.

NR 162.22(3) (3) The access required under sub. (2) shall be established through easements, ordinance, or covenants running with the land.

NR 162.22(4) (4) The department may require that the program established under sub. (2) (d) includes periodic testing of water from existing potable water wells and monitoring of aquifers in the area.

NR 162.22 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.23 NR 162.23 Cost eligibility.

NR 162.23(1) (1) Eligible costs.

NR 162.23(1)(a) (a) Eligible at a subsidized rate. Allocable project-specific costs that are necessary and reasonable are eligible for financial assistance. Eligible costs include expenses incurred by the municipality for any of the following items and activities when specific to the scope of a scored project, or when approved by the department as necessary or reasonable for the efficient operation or integrity of the storm water treatment works or BMP:

NR 162.23(1)(a)1. 1. ‘Abandonment.’ Abandonment of storm water treatment works or BMPs if approved in the plans and specifications of a scored project or by department staff, including activities such as demolition, re-landscaping, and removal and disposal of municipal waste or other debris.

NR 162.23(1)(a)2. 2. ‘Access roads.’ Construction of roadways necessary to provide appropriate access to urban runoff facilities or BMPs.

NR 162.23(1)(a)3. 3. ‘Acquisition of facilities.’ Costs associated with acquiring facilities of an existing storm water treatment works or BMP if the municipality will own, operate, and maintain the facilities throughout the term of the financial assistance agreement.

NR 162.23(1)(a)4. 4. ‘Administrative costs of a commission.’ Administrative, legal, and other costs incurred by a commission solely for the scored project if identifiable in a contract or agreement between the member municipalities.

NR 162.23(1)(a)5. 5. ‘Compliance with state and federal requirements.’ Costs incurred for activities associated with complying with state and federal requirements related to the scored project.

NR 162.23 Note Note: State and federal requirements may include any of the following: Americans with Disabilities Act design and construction; green project reserve documentation; Davis-Bacon and related acts administration or other activities associated with wage rate requirements; DBE solicitation and documentation; activities associated with the use of American-made products; environmental review of project sites and other activities related to ch. NR 150 compliance, including costs of public notices and hearings; historical, architectural, archaeological, and cultural resources work identified during planning, design, or construction of the project and incurred prior to project closeout; signage requirements, including on a website or at a project site; or audit activities related to the federal single audit act portion of the municipality’s annual audit report until the project is complete.

NR 162.23(1)(a)6. 6. ‘Construction activities.’ Activities defined in s. NR 162.003 (16) and included in construction contracts or performed as force account work, including any of the following:

NR 162.23(1)(a)6.a. a. Replacing, repairing, or rehabilitating a storm water treatment works or BMP if identified in the plans and specifications as cost-effective and necessary.

NR 162.23(1)(a)6.b. b. Restoring streets and rights-of-way and repairing damage to items such as pavement, sidewalks, and watermains necessary as a result of construction of the scored project.

NR 162.23(1)(a)6.c. c. Punch list item activities.

NR 162.23(1)(a)6.d. d. Acquiring, consuming, or expending materials.

NR 162.23(1)(a)6.e. e. Obtaining products that comply with federal requirements to use American-made products in CWFP projects.

NR 162.23(1)(a)6.f. f. Other capital costs incurred solely for purposes of the scored project.

NR 162.23(1)(a)7. 7. ‘Demolition.’ Demolishing existing structures if the demolition is part of a scored project and any of the following apply:

NR 162.23(1)(a)7.a. a. The existing structure is part of the storm water treatment works.

NR 162.23(1)(a)7.b. b. The existing structure is part of a BMP project.

NR 162.23(1)(a)7.c. c. The demolition is necessary for site preparation.

NR 162.23(1)(a)7.d. d. The demolition is included in abandonment procedures as approved in the plans and specifications of the scored project or otherwise approved by department staff.

NR 162.23(1)(a)7.e. e. The demolition entails removal of equipment or materials, or both, from inside an existing building or other structure that is part of the treatment works being modified or repurposed as part of the scored project.