reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 119 - Phosphorus Site-Specific Water Quality Criteria › Section NR 119.06 - Minimum requirements for an SSC submittal

Current through June 24, 2024
Any person may submit a request to the department to review
				  a proposed SSC for a waterbody or waterbody segment. The department may also
				  develop an SSC through rulemaking absent any request. A person submitting the
				  request is responsible for developing the proposed SSC, including conducting
				  monitoring and modeling if needed. An SSC request submittal shall contain all
				  of the following:
(1) SSC STUDY AREA.
				The submittal shall contain identification of all waterbodies and segments
				within the SSC study area. The SSC study area includes all waterbodies and
				segments for which monitoring data are needed to determine whether a proposed
				SSC would be protective of designated uses. The study area is determined as
				follows:
(a) For any SSC on an isolated
				waterbody such as a seepage lake, the isolated waterbody may comprise the
				entire SSC study area. At least one monitoring site within the waterbody is
				required.
(b) For a more stringent
				SSC on a flowing water system, a single waterbody or segment may comprise the
				SSC study area. In this case, at least one monitoring site within the waterbody
				is required. A larger study area may also be established.
(c) For a less stringent SSC on a flowing
				water system, the study area shall include monitoring sites on all of the
				following upstream and downstream waters:
1. A
				site upstream from the segment under consideration for an SSC.
2. At least one site within the segment under
				consideration for an SSC. This site shall be located downstream from any WPDES
				permitted dischargers present on the segment.
3. Downstream of the SSC segment, one site
				per Strahler stream order until the terminal waterbody defined in subd. 4. is
				reached.
4. At least one site
				within the study area's terminal waterbody, which is the nearest downstream
				waterbody that has a statewide phosphorus criterion different from the
				statewide phosphorus criterion applicable to the proposed SSC segment. If no
				terminal waterbody is reached before the Mississippi River, the Mississippi
				River is the terminal waterbody.
Note:
Sampling beyond state lines is not usually
				  necessary unless the department determines it is needed for protection of a
				  downstream water with a more stringent phosphorus criterion in an adjacent
				  state.
Note:
The combined sites listed in par. (c)
				  should typically result in 6 or fewer sites. If more than one discharger is
				  present, additional sampling sites may be needed. The delineation of the study
				  area is consistent with the approach used by the department when developing an
				  SSC.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 119 - Phosphorus Site-Specific Water Quality Criteria › Section NR 119.07 - Decision regarding SSC request

Current through June 24, 2024
(1) The department
				shall review an SSC request and make a determination on whether the SSC is
				approvable.
(2) The department may
				initiate rulemaking under subch. II of ch. 227, Stats., if, after reviewing the
				submittal, it determines that the proposed SSC is approvable under s.
				281.15,
				Stats. The department shall notify the requestor of its determination.
				Promulgation of an SSC is a revision to a water quality standard and it
				requires U.S. EPA approval under
				40 CFR
				131.20 and
				131.21.
Note:
An SSC can only be used as the basis for a
				  TMDL after it has been approved by U.S. EPA and taken effect.
(3) If the department determines that a
				proposed SSC is not approvable under s.
				281.15,
				Stats., s. NR 102.06 (7), and this chapter, then it shall notify the SSC
				requestor in writing and provide an explanation of the reason for the denial.
				If a request for an SSC is denied, the requestor may choose to submit
				additional data or analysis or submit a petition for rulemaking to the
				department pursuant to the procedures specified in ss. NR 2.03 and 2.05 and s.
				227.12, Stats.
Note:
If the department chooses not to initiate
				  rulemaking under this section, a petition for rulemaking may be submitted to
				  the department pursuant to s.
				  227.12, Stats.
				  A petition for rulemaking under s.
				  227.12(1),
				  Stats., may be submitted by a municipality, an association which is
				  representative of a farm, labor, business or professional group, or any 5 or
				  more persons having an interest in the rule. If a s.
				  227.12,
				  Stats., petition is denied by the department, the petitioners may seek review
				  of the decision under ch. 227, Stats. In addition, a person may request that
				  U.S. EPA promulgate an SSC under
				  40 CFR
				  131.22(b).
Note:
To be notified of rulemaking related to
				  water quality standards and assessments, including SSC, the public may
				  subscribe to the water quality standards and assessments electronic
				  notification system on the department's home page at http://dnr.wi.gov/.
				  Requests to be placed on the WPDES permit public notification list may be
				  directed to the Department of Natural Resources, WPDES Permits, P.O. Box 7921,
				  Madison, Wisconsin 53707-7921. Notifications to the mailing list will be sent
				  electronically unless the requestor specifies a preference for a mailed
				  copy.
(4) Any promulgated
				SSC may later be revised through rulemaking.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 120 - Priority Watershed And Priority Lake Program › Preface

Current through June 24, 2024
The Wisconsin legislature established the nonpoint source
				  water pollution abatement program in 1978, recognizing both urban and rural
				  nonpoint sources as contributors to the degradation of Wisconsin's lakes,
				  streams, groundwater and wetlands. The department identified lakes, streams,
				  groundwater and other water resources where the uses of the waters were
				  impaired or threatened by nonpoint sources; proposed projects to the land and
				  water conservation board to protect or rehabilitate beneficial uses of the
				  waters, and prepared plans in cooperation with governmental units identifying
				  the best means to achieve the protection or rehabilitation. The department of
				  natural resources has entered into nonpoint source grant agreements and local
				  assistance grant agreements with governmental units and state agencies in order
				  to implement priority watershed projects.
The legislature restructured the nonpoint source program in
				  1997 and 1999, creating a new targeted runoff management grant program under
				  ch. NR 153 and a new urban nonpoint source and stormwater grant program under
				  ch. NR 155. The legislature also instructed the department of natural resources
				  in s.
				  281.16,
				  Stats., to prescribe nonpoint source performance standards. These performance
				  standards are listed in ch. NR 151.
The priority watershed and priority lake projects
				  established prior to the legislative restructuring of the program are governed
				  by this chapter and ch. ATCP 50. Section
				  281.65,
				  Stats., assigns overall responsibility for this water quality program to the
				  department of natural resources and assigns local administration and
				  implementation responsibilities to other governmental units. Chapter
				  ATCP 50 contains policy and
				  procedures for DATCP to use to administer staffing grants to counties needed to
				  operate watershed projects. No new priority watershed or priority lake projects
				  will be selected under this chapter.
All documents incorporated by reference in this chapter may
				  be inspected at the offices of the Department, the Secretary of State, 30 West
				  Mifflin Street, Madison, Wisconsin 53702 and the Legislative Reference Bureau,
				  One East Main Street, Suite 200, Madison, Wisconsin, 53701. Copies of these
				  documents may be obtained from the Department of Natural Resources, Bureau of
				  Watershed Management, 101 South Webster Street, Madison, Wisconsin 53702.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 120 - Priority Watershed And Priority Lake Program › Section NR 120.01 - Applicability; purpose

Current through June 24, 2024
(1) APPLICABILITY. For designated priority
				watershed and priority lake projects, this chapter applies to governmental
				units and state agencies when acting as nonpoint source grantees; to
				governmental units when acting as cost-share agreement grantors; and to
				landowners, land operators and state agencies when acting as cost-share
				recipients.
(2) PURPOSE. The
				purpose of this chapter is to establish the administrative framework for the
				implementation of the state's priority watershed and priority lake
				projects.
This chapter is to administer existing and future grants
					 for rural grantees within priority watershed and priority lake projects. Urban
					 grantees within priority watershed and priority lake projects, formerly funded
					 under this chapter, are now funded under chs. NR 153 and
					 155. Local assistance grants for
					 existing and future rural grantees within priority watershed and priority lake
					 projects, formerly funded under this chapter, are now funded under ch. ATCP
					 50.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 120 - Priority Watershed And Priority Lake Program › Section NR 120.03 - Role of governmental units in watershed plan development

Current through June 24, 2024
A governmental unit may prepare any portion of the watershed
				  plan provided the department and the governmental unit agree that the
				  governmental unit has the appropriate technical, financial and staffing
				  capability. The governmental unit shall prepare the elements of the watershed
				  plan in accordance with s.
				  NR
				  120.08(1) (b). This requirement may
				  be waived if the department and the governmental unit agree that
				  nonparticipation by the governmental unit will not impair the objectives of the
				  watershed plan.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 120 - Priority Watershed And Priority Lake Program › Section NR 120.04 - Role of citizen advisory committee

Current through June 24, 2024
The department, in cooperation with governmental units, shall
				  appoint a citizen advisory committee for each priority watershed and priority
				  lake project in accordance with s.
				  281.65(4)
				  (dr), Stats. The citizen advisory committee
				  shall advise the department, DATCP and governmental units concerning all
				  aspects of the planning and implementation program for their specific priority
				  watershed or priority lake project.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 120 - Priority Watershed And Priority Lake Program › Section NR 120.05 - Responsibilities of state agencies, governmental units and agents as cost-share recipients

Current through June 24, 2024
Each state agency, unit of government or agent receiving
				  cost-sharing funds in a nonpoint source grant shall do all of the
				  following:
(1) Provide the department
				with verification of proper installation, operation and maintenance of best
				management practices for which it is the cost-share recipient.
(2) Prepare and maintain adequate fiscal
				management and technical assistance files as described in ss.
				NR
				120.25 and
				120.26.
(3) Obtain prior written approval from the
				department for use of nonpoint source grant funds for best management practices
				installed on land owned or operated by the grantee.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 120 - Priority Watershed And Priority Lake Program › Section NR 120.06 - Incorporation of the department of agriculture, trade and consumer protection's planning elements

Current through June 24, 2024
(1)The department shall assist DATCP in
				developing the following elements of priority watershed plans as described in
				s.
				281.65(5),
				Stats.:
(a) Proposed farm-specific
				implementation schedules for providing technical assistance, contacting
				landowners, inspection and disbursement of grants on those farms that are
				identified in the approved priority watershed plan.
(b) Proposed agriculturally related best
				management practices to achieve the water quality objectives of the
				plan.
(c) Identification of those
				farms which are subject to subch. V of ch. 91, Stats.
Note:
All landowners claiming farmland
				  preservation tax credits are required to meet land and water conservation
				  standards specified in s.
				  ATCP
				  50.16. A copy of ch. ATCP 50 may be obtained, at no
				  charge, from the Department of Agriculture, Trade and Consumer Protection's
				  website at:
http://datcp.wi.gov/ATCP50
.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 120 - Priority Watershed And Priority Lake Program › Section NR 120.09 - Notification and status of critical sites

Current through June 24, 2024
(1) START OF
				NOTIFICATION PROCESS. Within 6 months following issuance by the department of
				the first nonpoint source grant after department watershed plan approval to a
				project sponsor for a priority watershed or priority lake project, the process
				of notification to landowners shall begin. The first to begin the process shall
				be those highest-ranked critical sites based on estimated pollutant
				contribution, which together would provide at least 25% of the pollutant
				reduction goal for inventoried sites available at the time the final plan is
				written, if best management practices were applied at those sites. Notification
				shall proceed in accordance with the schedule identified in the plan. The
				department may grant up to three 90-day extensions of this 6 month period to
				allow verification under sub. (2).
(2) VERIFICATION. The purpose of verification
				is to assure that individual sites within the watershed meet the criteria for
				critical sites and to conduct site visits and complete the inventory of
				nonpoint sources on additional lands in the watershed owned by those landowners
				with sites which meet the criteria for critical sites. If the landowner has not
				signed a cost-share agreement for required best management practices, the
				verification findings shall be reported in writing to the department.
				Verification shall include an on-site assessment before a notification letter
				can be issued.
(3) CONTENT OF
				NOTIFICATION LETTER. Within 60 days after receiving the verification findings,
				the department shall send notification to the landowner to include the
				following information:
(a) The dates of the
				beginning and end of the 36-month period of cost-share availability.
(b) The potential consequences of either s.
				NR 120.18(1)
				(a), ch. NR 243 or s.
				281.20(1), (3)
				or (5), Stats., that the landowner may face
				if no action is taken and the site continues to meet the critical sites
				criteria described in the watershed plan.
(c) The right to appeal the designation as a
				critical site through a written request to the county land conservation
				committee within 60 days of receipt of the notification letter as described in
				s.
				281.65(7)
				(a), (b) and (c), Stats.
(d) Additional information as requested and
				prepared by the local governmental unit.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 120 - Priority Watershed And Priority Lake Program › Section NR 120.12 - Nonpoint source grant agreement

Current through June 24, 2024
(1) GRANT
				AGREEMENT. The nonpoint source grant agreement is an agreement entered into
				between the department and a grantee, consisting either of a governmental unit
				or a state agency, to provide cost-share funding for a priority watershed or
				priority lake project. The nonpoint source grant agreement may be used in lieu
				of a cost-share agreement with a grantee for the installation of a structural
				practice on land owned or operated by the grantee. More than one nonpoint
				source grant agreement may be awarded for a project.
(2) CONDITIONS.
(a) Consistent with the priority watershed
				plan, a grantee located within the priority watershed project or priority lake
				area project shall:
1. Execute a nonpoint
				source grant agreement with the department for nonpoint source pollution
				abatement funds necessary to administer cost-share agreements with eligible
				recipients. This requirement may be waived if the department and the grantee
				agree to delegate these responsibilities to another grantee.
2. Enter into cost-share agreements with
				eligible recipients located within its jurisdiction. This requirement may be
				waived if the department and the grantee agree to delegate this responsibility
				to another grantee.
3. Be fiscally
				responsible for the use of cost-share funds provided to cost-share recipients
				under the nonpoint source grant. Specifically, this includes preparing and
				maintaining adequate fiscal management and technical assistance files as
				described in ss.
				NR
				120.25 and
				120.26. This requirement may be waived
				if the department and the grantee agree to delegate these responsibilities to
				another grantee.
4. Provide the
				department with verification of proper installation, operation and maintenance
				of best management practices for agreements in which it is the cost-share
				grantor.
5. Provide best management
				practice technical design and installation assistance for all best management
				practices in cost-share agreements within its jurisdiction. The grantee may
				assign this requirement to another grantee if approved by the
				department.
6. Contact all owners
				or operators of lands identified as significant nonpoint sources in the
				watershed plan.
7. Participate with
				the department in the annual watershed project review meeting.
8. Enforce the terms and conditions of the
				cost-share agreement as described in s.
				NR
				120.13.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 120 - Priority Watershed And Priority Lake Program › Section NR 120.13 - Cost-share agreement

Current through June 24, 2024
(1) PURPOSE OF AGREEMENT. The cost-share
				agreement is an agreement listing the best management practices and
				establishing the conditions and considerations under which a cost-share
				recipient agrees to install the practices listed consistent with the watershed
				plan.
(2) EFFECTIVE DATE. For best
				management practices to be eligible for cost-sharing, the nonpoint source grant
				agreement and the cost-share agreement shall be signed before the installation
				of practices may be initiated. A cost-share agreement is not necessary if the
				nonpoint source grant agreement allows the grantee to use funds directly.
				Nonpoint source grant agreements used in lieu of cost-share agreements shall
				comply with the requirements in this section.
(3) PARTIES TO THE AGREEMENT.
(a) The cost-share agreement shall be between
				the participating grantee and the individual landowner or landowners if joint
				owners, land operator or state agency. Agreements with land operators shall be
				co-signed by the landowner except in instances where the cost-share agreement
				contains no other practices than those enumerated in sub. (6) (c) 2. If other
				practices are included in a cost-share agreement amendment, the landowner shall
				co-sign the amendment.
(b)
				Governmental units, as cost-share agreement grantors, shall enter into
				cost-share agreements only during the period specified in the nonpoint source
				grant.
(c) The cost-share agreement
				shall apply to all contiguous sites under the same ownership. At the discretion
				of the governmental unit, the cost-share agreement may also apply to
				noncontiguous sites under the same ownership or operation in the
				watershed.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 120 - Priority Watershed And Priority Lake Program › Section NR 120.15 - Interim best management practices

Current through June 24, 2024
(1) INTERIM BEST
				MANAGEMENT PRACTICES. The department may approve best management practices not
				listed in s.
				NR
				120.14 where necessary to meet the water resources
				objectives identified in the watershed plan. The department shall consult with
				DATCP regarding agricultural best management practices approved under this
				subsection. The department may identify in the nonpoint source grant agreement
				design criteria and standards and specifications; cost-share conditions; and
				cost-share rates for each best management practice approved under this
				section.
(2) ALTERNATIVE DESIGN
				CRITERIA. For best management practices described in s.
				NR
				120.14, the department may approve alternative design
				criteria or standards and specifications where an alternative will achieve the
				same or a greater level of pollutant control. The department shall consult with
				DATCP regarding alternative design criteria for agricultural best management
				practices.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 120 - Priority Watershed And Priority Lake Program › Section NR 120.16 - Ordinances

Current through June 24, 2024
(1) APPLICABILITY. Counties, cities, villages
				and towns located within the priority watershed project or priority lake area
				project shall adopt the following ordinances if required within the watershed
				plan:
(a) Manure storage ordinance under s.
				92.16,
				Stats.
(b) Construction site
				control ordinance under s.
				59.693,
				60.627,
				61.354
				or
				62.234,
				Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 120 - Priority Watershed And Priority Lake Program › Section NR 120.17 - Cost-share eligibility

Current through June 24, 2024
(1) ELIGIBLE BEST MANAGEMENT PRACTICES. Best
				management practices listed in s.
				NR
				154.04 that are installed and maintained to control
				the following nonpoint sources in accordance with the minimum conditions in ch.
				NR 154 are eligible for cost-share assistance under this chapter when
				addressing nonpoint sources of pollution in a watershed plan:
(a) Croplands and undeveloped rural
				lands.
(b) Non-agricultural
				pollution sources.
(c) Streambanks
				and shorelines.
(d) Livestock yards
				and manure management areas except those identified in sub. (2) (b) 1. to
				2.
(e) Lake sediments.
(f) Other sources determined by the
				department to meet the objectives of the program.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 120 - Priority Watershed And Priority Lake Program › Section NR 120.185 - Easements

Current through June 24, 2024
(1) The department may enter into easements
				with landowners or land operators for lands identified in watershed plans.
				Easements shall be acquired for perpetuity. Easements may be used in
				conjunction with the following best management practices:
(a) Critical area stabilization.
(b) Riparian buffer.
(c) Wetland restoration.
(d) Structural urban best management
				practice.
(e) Any other best
				management practice specified as eligible for easement support in an approved
				priority watershed plan.
(f) Animal
				lot relocation in conjunction with pars. (a) to (c), provided that written
				approval of the governmental unit is obtained prior to easement acquisition, in
				accordance with the requirements of s.
				NR
				154.04(23) (b)
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 120 - Priority Watershed And Priority Lake Program › Section NR 120.186 - Property acquisition

Current through June 24, 2024
(1) ELIGIBLE ACTIVITIES. The department may
				distribute grants to a governmental unit that is eligible for a nonpoint source
				grant under s.
				NR
				120.12 to perform any of the following activities:
(a) Acquire land or an interest in land for
				the construction of a structural urban best management practice.
(b) Acquire land or an interest in land
				identified in the watershed plan which is contributing or will contribute
				nonpoint source pollution. Land acquisition for the purpose of complying with a
				Notice of Discharge issued pursuant to ch. NR 243 is not eligible for funding
				under this section.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 120 - Priority Watershed And Priority Lake Program › Section NR 120.22 - Interest earned on grant advances

Current through June 24, 2024
(1) Interest shall
				be earned and accrued on nonpoint source grant advances. To determine the
				amount of interest to be credited to the project, the governmental unit shall
				calculate the interest earned using an average account balance and interest
				accrued over a period of time or in another equitable manner.
(2) Interest money earned shall be used to
				support eligible activities in ongoing or completed priority watershed projects
				including, but not limited to, periodic inspections after grant expiration,
				administrative costs of the project and, under exceptional circumstances, the
				repair of best management practices; when interest money is used to cost-share
				best management practices, the combination of interest money and any other
				cost-share funds from this program may not exceed the cost-share limits
				described in s.
				NR
				120.18(1).
(3) All interest money earned and accrued
				from a priority watershed project shall be expended by 10 years from the end of
				the nonpoint source grant period as described in s.
				NR
				120.12(4).
(4) On or before April 15 of each year, a
				governmental unit shall complete and file a report with the department which
				states the amount of interest money accrued and interest money expended during
				the previous calendar year. During the planning and implementation phases of
				watershed projects, these reports may be included with other fiscal reports
				required under ss.
				NR
				120.23 and
				120.25.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 120 - Priority Watershed And Priority Lake Program › Section NR 120.23 - Reimbursement procedures

Current through June 24, 2024
(1) GENERAL
				REQUIREMENTS.
(a)
Refunds, rebates
				and credits.
The state share of any refunds, rebates, credits or other
				amounts that accrue to or are received by the grantee for the project, and that
				are properly allocable to costs for which the grantee has been paid under a
				grant, shall be paid to the department.
(b)
Final payment.
The
				department shall pay the grantee the balance of the state share of the eligible
				project costs after project completion, department approval of the request for
				payment which the grantee has designated "final payment request" and department
				verification of the grantee's compliance with all applicable requirements of
				this chapter and the grant agreement. The final payment request shall be
				submitted by the grantee promptly after project completion. Prior to final
				payment under the grant, the grantee shall execute an assignment to the
				department for the state share of refunds, rebates, credits or other amounts
				properly allocable to costs for which the grantee has been paid by the
				department under the grant. The grantee shall also execute a release
				discharging the department, its officers, agents and employees from all
				liabilities, obligations and claims arising out of the project work or under
				the grant, subject only to the exceptions specified in the release.
(c)
Withholding and recovery of
				funds.
The department may authorize the withholding or recovery of a
				grant payment if the department determines, in writing, that a grantee has
				failed to comply with project objectives, grant award conditions or reporting
				requirements or has not expended all funds advanced or disbursed on eligible
				activities. Withholding and recovery shall be limited to only that amount
				necessary to assure compliance.
(d)
Availability of funds.
1.
				Grant payments to a governmental unit or other grantee under this section are
				contingent on the availability of funding.
2. The department shall withhold payment of
				the amount of any indebtedness to the department, unless the department
				determines that collection of the debt will impair accomplishment of the
				project objectives and that continuation of the project is in the best interest
				of the nonpoint source water pollution abatement program.
3. The department may recover payments made
				to grantees as advances or disbursements when it determines that the
				governmental unit will not complete the eligible activities on its grant within
				the current grant project budgeting period.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 120 - Priority Watershed And Priority Lake Program › Section NR 120.24 - Procurement

Current through June 24, 2024
(1) PROFITS. Only fair and reasonable profits
				may be earned by contractors for contracts under grant agreements described in
				this chapter. Profits included in a formally advertised, competitively bid,
				fixed price construction contract are presumed to be reasonable.
(2) RESPONSIBILITY. The governmental unit is
				responsible for the administration and successful completion of the activities
				for which grant assistance under this chapter is awarded in accordance with
				sound business judgment and good administrative practice under state and local
				laws.
(3) GENERAL REQUIREMENTS FOR
				CONTRACTS. Contracts shall be all of the following:
(a) Necessary for and directly related to the
				accomplishment of activities necessary to implement the watershed
				project.
(b) In the form of a
				bilaterally executed written agreement for any professional services or
				construction activities in excess of $10,000.
(c) For monetary or in-kind
				consideration.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 120 - Priority Watershed And Priority Lake Program › Section NR 120.25 - Record keeping and reporting requirements

Current through June 24, 2024
(1) Each
				governmental unit as a grant agreement grantee or cost-share agreement grantor
				shall maintain a financial management system which adequately provides for all
				of the following:
(a) Accurate, current and
				complete disclosure of payments to landowners, land operators, contractors or
				municipalities and receipts, canceled checks, invoices and bills to support
				payments made in the program in accordance with department reporting
				requirements in this chapter and in the grant conditions and in accordance with
				generally accepted accounting principles and practices, consistently applied,
				regardless of the source of funds.
(b) Effective control over and accountability
				for all project funds and other assets.
(c) Comparison of actual costs with grant
				amounts on each grant.
(d)
				Procedures for determining the eligibility and cost-effectiveness of
				installation expenses in accordance with the cost containment requirements of
				s.
				NR
				120.19 for all practices installed by the landowner or
				land operator.
(e) Accounting
				records supported by source documentation including all of the following:
1. One separate project account for the total
				grant identified in the nonpoint source grant agreement reflecting all receipts
				and expenditures of that grant.
2.
				Accounting records showing all receipts, encumbrances, expenditures and fund
				balances.
3. A complete file for
				each cost-share agreement including all of the following documentation:
a. Approval of best management practices and
				cost-share amounts by the governmental unit.
b. Cost-share agreement and cost-share
				agreement amendment forms.
c.
				Verification of proper installation by the governmental unit
				official.
d. Request for
				reimbursement by a landowner or land operator documenting costs incurred
				directly or for in-kind contributions by the landowner or land
				operator.
e. Evidence of payment
				for best management practice by a landowner or land operator including copies
				of checks or receipts.
f.
				Verification of practice completion in accordance with the cost-share agreement
				including amendments and approval of cost-share amounts by the governmental
				unit.
(f) A
				systematic method to assure timely and appropriate resolution of audit findings
				and recommendations by the department under s.
				NR
				120.26.
(g) A final accounting of project
				expenditures submitted to the department within 120 days of the completion of
				all watershed project work.
(h) An
				identification of the least cost practices.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 120 - Priority Watershed And Priority Lake Program › Section NR 120.26 - Record retention and auditing

Current through June 24, 2024
(1) RECORD
				RETENTION REQUIREMENTS.
(a) The governmental
				unit or its agent's records and the records of contractors, including
				professional services contracts, shall be subject at all reasonable times to
				inspection, copying and audit by the department.
(b) The governmental unit or its agent or
				contractors of the governmental unit shall preserve and make all records
				available to the department for whichever of the following is appropriate for
				its grant situation:
1. For 3 years after the
				date of final settlement.
2. For a
				longer period if required by statute or contract.
3. For 3 years after the date of termination
				of a grant agreement. If a grant is partially terminated, records shall be
				retained for a period of 3 years after the date of final settlement.
4. Cost-share agreement records shall be kept
				for the duration of the maintenance period of the cost-share agreement with the
				longest maintenance period to enable the governmental unit to fulfill its
				responsibility under s.
				NR
				120.05.
(c) The governmental unit or its agent or
				contractors of the governmental unit shall preserve and make all of the
				following records available to the department until any appeals, litigation,
				claims or exceptions have been finally resolved:
1. Records which relate to appeals, disputes
				or litigation on the settlement of claims arising out of the performance of the
				project for which funds were awarded.
2. Records which relate to costs or expenses
				of the project to which the department or any of its duly authorized
				representatives has taken exception.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 120 - Priority Watershed And Priority Lake Program › Section NR 120.28 - Enforcement

Current through June 24, 2024
(1) On an annual basis, the department shall
				evaluate watershed projects in implementation. During the evaluation, the
				department shall examine the progress of the watershed project toward project
				goals and water quality objectives specified in the watershed plan. Upon
				consulting with the project sponsor, the department may take appropriate action
				to improve the progress of the watershed project. Department action may
				include, but is not limited to, more frequent project evaluation, the use of
				interim project goals, changes to project funding, and the adoption of
				sanctions listed in sub. (2), when the project is in noncompliance with the
				priority watershed or priority lake plan.
(2) The following sanctions may be imposed by
				the department for noncompliance with the provisions of s.
				281.65,
				Stats., this chapter or any grant agreement entered into or amended in
				accordance with the provisions of this chapter:
(a) The grant may be terminated or annulled
				under s.
				NR
				120.27.
(b) Watershed project costs directly related
				to noncompliance may be declared ineligible.
(c) Payment otherwise due the grantee of up
				to 10% may be withheld if the conditions of s.
				NR 120.23(1)
				(c) are met.
(d) Watershed project work may be suspended
				under s.
				NR
				120.27.
(e) Other administrative or judicial remedies
				may be instituted as legally available and appropriate.
(f) The department may seek recovery of grant
				payments in whole or in part.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 120 - Priority Watershed And Priority Lake Program › Section NR 120.29 - Variances

Current through June 24, 2024
The department may approve in writing a variance from a
				  requirement of this chapter upon written request when the department determines
				  that a variance is essential to effect necessary grant actions or water quality
				  objectives and where special circumstances make a variance in the best interest
				  of the program. A governmental unit's written variance request shall clearly
				  explain the circumstances justifying the variance. Before approving a variance,
				  the department shall take into account factors such as good cause,
				  circumstances beyond the control of the governmental unit and financial
				  hardship. The department may not grant variances from statutory
				  requirements.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 120 - Priority Watershed And Priority Lake Program › Section NR 120.30 - Annual report

Current through June 24, 2024
The department, jointly with DATCP shall annually prepare the
				  report on the progress of the program required in ss.
				  281.65(4)
				  (o) and
				  92.14(12),
				  Stats. Specific requirements concerning the content of this report shall be in
				  a joint program evaluation plan to be prepared by the department, jointly with
				  DATCP and approved by the land and water conservation board.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 121 - Areawide Water Quality Management Plans › Section NR 121.01 - Purpose

Current through June 24, 2024
Under the authority of ss.
				  281.11,
				  281.12,
				  281.13,
				  281.15,
				  281.17
				  to
				  281.20,
				  and
				  283.83,
				  Stats., this chapter establishes regulations specifying policies, procedures,
				  and requirements for Wisconsin's areawide water quality planning process. This
				  process will result in the preparation throughout the state of areawide plans
				  for managing the quality of waters of the state, ground and surface, public and
				  private, including consideration of the relationship of water quality to land
				  and water resources and uses. Under the above state statutory authority, the
				  department of natural resources has the responsibility for the general
				  supervision of this continuing water pollution control planning process. In
				  areas of the state designated by the governor, the preparation of areawide
				  water quality management plans is the responsibility of designated areawide
				  water quality planning agencies. In the remaining areas of the state, the
				  department will prepare areawide water quality management plans. The purpose of
				  this planning process is to systematically evaluate alternative means of
				  achieving state and federal water quality goals and related standards. This
				  planning process integrates consideration of both the technical measures for
				  water pollution abatement and the management arrangements necessary for
				  implementing abatement measures. Public participation will be provided for
				  throughout plan development.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 121 - Areawide Water Quality Management Plans › Section NR 121.04 - Structure of the state water quality management plan

Current through June 24, 2024
(1) The state
				continuing process required under s.
				283.83,
				Stats., consists of the development of, and regular review and revision of the
				state water quality management plan.
(2) The state water quality management plan
				consists of:
(a) Areawide water quality
				management plans for areas designated by the governor and prepared by agencies
				similarly designated.
(b) Areawide
				water quality management plans for nondesignated areas prepared by the
				department for the remainder of the state.
(c) A document describing the state's
				areawide water quality management planning process. This document shall
				describe the interrelationship among the various elements in the planning
				process. These elements include:
1. Areawide
				water quality management plans for designated and nondesignated areas of the
				state.
2. Topical studies which
				analyze water quality policies or issues of statewide concern.
3. Procedures for intergovernmental
				cooperation.
4. Procedures and
				mechanisms for plan implementation including:
a. Water quality standards and procedures for
				their revision.
b. Effluent
				limitations and waste load allocations required to meet water quality
				standards.
c. An inventory and
				priority ranking of wastewater treatment plant construction needs for the
				purpose of distributing state and federal grant funds.
d. Controls for the disposition of residual
				wastes from wastewater treatment processes.
e. Best management practices for nonpoint
				sources of water pollution.
5. Procedures for plan revision.
6. Procedures for public
				participation.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 121 - Areawide Water Quality Management Plans › Section NR 121.06 - Designation of areawide water quality planning areas and agencies

Current through June 24, 2024
(1) As the need
				arises, the department shall recommend that the governor designate areawide
				planning areas which as a result of urban and industrial concentrations or
				other factors have substantial and complex water quality control
				problems.
(2) Within each of these
				planning areas the department shall recommend to the governor for designation a
				single agency capable of developing effective areawide water quality management
				plans. Each recommended planning agency shall:
(a) Be either a regional planning commission
				established under s.
				66.0309,
				Stats., or be a representative organization whose membership shall include
				elected officials of local governments or their designees, having jurisdiction
				in a designated areawide water quality management planning area.
(b) Demonstrate substantial local support for
				designation through resolutions from local units of government deemed by the
				department to be critical to the successful preparation and implementation of
				an areawide water quality management plan.
(c) Demonstrate the technical capability to
				complete the plan in a timely manner.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 121 - Areawide Water Quality Management Plans › Section NR 121.07 - Procedures for approval of areawide water quality management plans and plan revisions for designated areas of the state

Current through June 24, 2024
(1) Review and
				approval of areawide water quality management plans for designated areas:
(a) The department shall review and approve
				or disapprove each areawide water quality management plan and shall make
				recommendations to the governor as to the certification of all or parts of each
				plan.
(b) To receive departmental
				approval areawide water quality management plans for designated areas must have
				been subject to a public participation process, approved by the department
				including at a minimum, a public hearing.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 121 - Areawide Water Quality Management Plans › Section NR 121.08 - Procedures for adoption and revision of areawide water quality management plans for nondesignated areas of the state

Current through June 24, 2024
(1) Adoption of
				areawide water quality management plans for nondesignated areas:
(a) During development and prior to formal
				adoption, areawide water quality management plans for nondesignated areas or
				portions thereof shall be subject to a public participation process including,
				at a minimum public hearing.
(b)
				Each areawide water quality management plan for a nondesignated area, or
				portion thereof, shall be submitted to the governor for certification as the
				adopted areawide water quality management plan for that portion of the
				state.