Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 162 - Clean Water Fund Program › Subchapter III - Storm Water Projects › Section NR 162.24 - Application process

Current through June 24, 2024
(1) NOTICE OF INTENT TO APPLY. The
											  notice of intent requirements described in s.
											  NR 162.05 (1) are
											  applicable to any urban runoff or storm water project for which a municipality is applying for financial
											  assistance under this subchapter or for interest rate subsidy under subch. IV.
(2) APPLICATION PROCEDURES. A municipality shall apply for financial
											  assistance in accordance with s. 281.58 (9), Stats. All applicants must submit
											  the required information and documentation through the department's online application system.
Note:
Directions regarding online submittal are
													 available on the Environmental Improvement Fund website at https://dnr.wisconsin.gov/aid/EIF.html. An
													 interest rate subsidy application is a different form and must be submitted in accordance with s.
													 NR 162.40 (5) and
													 (6).
(3) CONTENTS OF
											  APPLICATION. The applicant shall submit a complete application, including all of the following items that are
											  applicable to the project:
(a) Evidence of a department-approved plan
											  applicable to the scored project.
(b) Construction plans and
											  specifications submitted to the department in accordance with ch. NR 151 that are approvable under ch. 281,
											  Stats. An applicant may be denied funding if the applicant does not provide appropriately complete plans and
											  specifications to the department prior to or with the application. The applicant shall submit a copy of
											  approvable plans and specifications with the application in addition to the plans and specifications
											  submitted to the department for plan review under ch. NR 151.
(c)
											  Completion of the required fields in and upload of required documentation to the department's online
											  application system, including all of the following:
1. Provision of a clear,
											  concise, and comprehensive project description, including any modifications to the project description
											  previously provided in the online application systems.
2.
											  Estimated or actual construction costs.
3. Identification of
											  known ineligible costs included within the total budget provided in the online application.
4. Information regarding assistance received or expected from another
											  funding source.
Note:
The project description may already be included
													 in the online application as it should transfer over to the application if previously provided with intent to
													 apply or priority evaluation and ranking information. When that transfer of information is successful, the
													 applicant must only provide information regarding any modifications to the project description that is
													 already included in the application rather than providing an additional complete project
													 description.
(d) Items or information for
											  compliance with federal regulations identified by the department in the online application system as required
											  for a complete application; these items may include any of the following:
1.
											  Documentation of compliance with wage rate laws.
2. Completed
											  federal forms.
3. Information regarding green project components,
											  cost and effectiveness of the project, or procuring American-made products for use in the project.
(e) Copies of executed engineering contracts and any associated
											  contract amendments for planning and design if funds are requested for planning and design.
(f) A copy of the executed engineering contract and any associated contract
											  amendments for construction management if funds are requested for construction management and the contract is
											  available at the time of application submittal.
(g) A copy of
											  each executed non-engineering professional services contract related to the project and any associated
											  amendments if funds are requested in the application project budget for services included in the contract and
											  the contract or amendment is available at the time of application submittal.
(h) A proposed or an executed intermunicipal agreement for each
											  municipality served by the project when 2 or more municipalities utilize shared or interconnected treatment
											  works or a BMP. Prior to receiving financial assistance, the applicant shall ensure that each required
											  intermunicipal agreement shall do each of the following that is applicable to the project:
1. Identify ownership for each individual portion of the storm water
											  treatment works or BMP, including interceptors or other conveyance, lift stations, drainage systems, catch
											  basins, constructed channels, specific practices or devices, and privately-owned storm water treatment works
											  or BMPs.
2. Establish the term of the intermunicipal agreement,
											  unless it is effective in perpetuity, subject to all of the following:
a. If
											  the intermunicipal agreement is new or being negotiated specifically for the project for which financial
											  assistance is being requested, the term shall be for at least the term of the financial assistance
											  agreement.
b. If there is an existing intermunicipal agreement in
											  place that meets the requirements of this section but expires during the loan term, the municipality shall
											  renegotiate or extend the existing agreement prior to the end of its term and maintain the intermunicipal
											  agreement throughout the term of the financial assistance agreement.
3. Require each municipality to adopt local regulations for construction
											  sites and adopt a municipal storm water management plan for new development and redevelopment, consistent
											  with the performance standards developed by the department under s.
											  281.33
											  (3), Stats.
4. Demonstrate the
											  basis for generating revenue for operation, maintenance, and replacement costs based on actual use or another
											  equitable method and state the parties that are responsible for paying these charges.
5. Indicate the method for generating revenue for capital costs and
											  indicate who is responsible for payment.
6. Indicate that the
											  owner of the regional facility shall accept the applicant's runoff and identify the boundary from which the
											  applicant's discharge originates.
(i) Financial
											  information required by DOA to be used in determining the affordability of the proposed project, the
											  financial capability of the municipality, and the adequacy of the pledge of revenues to repay the obligation
											  securing the proposed financial assistance.
(j) A copy of the
											  existing user charge system and information regarding the proposed user charge system and a storm water
											  management zoning ordinance, when required by the department.
(k)
											  Any existing or proposed contracts with users of the storm water treatment works or BMP.
(L) Documentation applicable to U.S. internal revenue service tax
											  information as indicated in the online application system.
(m) A
											  resolution declaring intent to reimburse municipal accounts with financial assistance proceeds that meets the
											  requirements established in U.S. treasury reimbursement regulations
											  26 CFR
											  1.150-2.
(n) A copy of the debt
											  instrument of any interim debt to be refinanced with CWFP financial assistance.
(o) A completed design life worksheet if the applicant at the time of
											  application requests a loan term that is greater than 20 years.