reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 155 - Urban Nonpoint Source Water Pollution Abatement And Storm Water Management Grant Program › Section NR 155.23 - Cost containment

Current through June 24, 2024
(1) Governmental units as providers of
				cost-share agreements shall identify and agree to use one or more of the
				following cost containment procedures for each urban best management practice
				identified in the runoff management grant agreement:
(a)
Average cost.
Based on
				past cost information, a governmental unit determines an average cost per unit
				of materials and labor for the installation of a urban best management practice
				which may not be exceeded. A governmental unit may use its own experience, or
				information obtained from the department or other sources, to estimate typical
				costs.
(b)
Range of
				costs.
Based on past cost information, a governmental unit establishes
				a cost range for the installation of an urban best management practice.
				Eligible costs may not exceed the maximum cost of the range. A governmental
				unit may use its own experience, or information obtained from the department or
				other sources, to estimate typical costs.
(c)
Competitive bidding.
A
				governmental unit requires the landowner or land operator to request bids from
				contractors for the installation of an urban best management practice. The
				cost-share payment shall be calculated based on the lowest bid meeting
				acceptable qualifications. The governmental unit shall identify criteria for
				determining acceptable qualifications. The landowner or land operator may
				select a qualified contractor other than the low qualified bidder, but shall
				contribute 100% of the difference between the bids.
Note: The department suggests the bidding procedures set
				  forth in the Procurement Guide for Local Governments Receiving Grants from the
				  Wisconsin Dept. of Natural Resources, available from the department.
(d)
Maximum cost-share
				limit.
A governmental unit or the department establishes a maximum
				cost-share rate limit not to exceed the rates specified in ch. NR 154 and this
				chapter for installation of an urban best management practice.
(e)
Municipal work group.
A
				governmental unit hires or assigns its employees to install an urban best
				management practice for landowners and land operators if the employees are able
				to perform the work at a cost lower than the private sector.
(g)
Other cost containment
				procedures.
If a governmental unit determines another cost containment
				procedure would be at least as or more effective than the cost containment
				procedures described in this subsection, it shall include the alternative in
				the project application and the department shall include the alternative in the
				runoff management grant agreement.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 155 - Urban Nonpoint Source Water Pollution Abatement And Storm Water Management Grant Program › Section NR 155.25 - Property acquisition

Current through June 24, 2024
(1) ELIGIBLE ACTIVITIES. The department may
				provide funding to a governmental unit holding a runoff management grant
				agreement under s.
				NR
				155.21 to perform any of the following:
(a) Acquire land in fee or an easement
				identified in the grant application for the construction of a structural urban
				best management practice.
(b)
				Acquire land in fee or an easement identified in the grant application for land
				which is contributing or will contribute nonpoint source pollution. This
				includes property acquisition to support best management practices such as
				critical area stabilization, riparian buffers, wetland restoration, and the
				abandonment or relocation of livestock and livestock facilities.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 155 - Urban Nonpoint Source Water Pollution Abatement And Storm Water Management Grant Program › Section NR 155.26 - Local assistance grant agreement

Current through June 24, 2024
(1) The local
				assistance grant agreement is an agreement between the department and the Board
				of Regents or governmental unit providing funds for activities to carry out the
				tasks identified in a project selected for funding under this section. A local
				assistance grant awarded under this section may be used for local project
				activities determined by the department to satisfy the requirements of s.
				281.66,
				Stats.
(2) All water tests that
				require laboratory analyses and which are part of the project shall be analyzed
				by a laboratory certified in accordance with ch. NR 149. In the event there is
				no certification available for the analyses to be conducted, the department
				shall approve the selection of a laboratory.
(3) Any grant provided for funding of a
				project that includes acquisition of physical, biological or chemical data may
				be conditioned to require implementation of a quality control and quality
				assurance plan approved by the department. The methods and procedures to be
				used in the project are subject to department approval.
(4) No local assistance grant may be made for
				a project under this chapter before the project has been selected by the
				department.
(5) The grantee shall
				apply for local assistance grant funds using the application process under s.
				NR
				155.17.
(6) If a governmental unit or the Board of
				Regents contracts with a government agency or person to provide field,
				administrative, planning or other services to carry out activities of the local
				assistance grant agreement, the contract shall be submitted to the department
				for review and approval prior to signing.
(7) The grant amount may be reduced by the
				department if the grantee has not met all conditions of the grant or grant
				amendment or has not expended all of the awarded funds by the end of the
				project period or if the grantee fails to meet a schedule included in the grant
				for interim work products. The grantee shall provide an estimate of unexpended
				funds at the request of the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 155 - Urban Nonpoint Source Water Pollution Abatement And Storm Water Management Grant Program › Section NR 155.27 - Procurement

Current through June 24, 2024
(1) PROFITS. Only fair and reasonable profits
				may be earned by contractors for contracts under grants described in this
				chapter. Profits included in a formally advertised, competitively bid, fixed
				price construction contract is presumed to be reasonable.
(2) RESPONSIBILITY. The governmental unit and
				Board of Regents shall administer and successfully complete 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 for the activity listed on the grant or
				grant amendment.
(b) In the form of
				a bilaterally executed written agreement for any professional services or
				construction activities.
(c) For
				monetary or in-kind consideration.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 155 - Urban Nonpoint Source Water Pollution Abatement And Storm Water Management Grant Program › Section NR 155.30 - Project evaluation and reporting

Current through June 24, 2024
(1) Grantees shall
				report to the department an annual accounting for accomplishments regarding its
				activities funded under the grant.
(2) The department may require more frequent
				reports than those required under sub. (1) from a grantee which document
				accomplishments regarding activities funded under the grant.
(3) The grantee shall submit a final report
				after project completion. At a minimum, the report shall include project
				evaluation and monitoring information consistent with the commitments made in
				the project application submitted under s.
				NR 155.17.
				The department may require the grantee to submit other information in the final
				report.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 155 - Urban Nonpoint Source Water Pollution Abatement And Storm Water Management Grant Program › Section NR 155.31 - Variances

Current through June 24, 2024
The department may approve in writing a variance from a
				  requirement of this chapter upon written request from the grantee if 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 grantee'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 grantee 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 155 - Urban Nonpoint Source Water Pollution Abatement And Storm Water Management Grant Program › Section NR 155.32 - Grant evaluation and enforcement

Current through June 24, 2024
(1) EVALUATION. The
				department shall evaluate the progress of projects. During the evaluation, the
				department shall examine the progress of the project toward project goals and
				water quality objectives specified in the grant application, grant or grant
				amendment. Upon consulting with the grantee, the department may take
				appropriate action to improve the progress of the 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 in sub. (2).
(2)
				SANCTIONS. The department may impose the following sanctions for noncompliance
				with the provisions of s.
				281.66,
				Stats., this chapter or any grant agreement entered into or amended in
				accordance with this chapter:
(a) The
				department may terminate or annul the grant under sub. (4).
(b) The department may declare ineligible
				project costs directly related to noncompliance.
(c) The department may withhold up to 10% of
				the payment otherwise due the grantee if the conditions of par. (f) are
				met.
(d) The department may suspend
				project work under sub. (3).
(e)
				The department may institute other administrative or judicial remedies as
				legally available and appropriate.
(f) 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 it has
				received under this chapter on eligible activities. The department may recover
				payments made to grantees when it determines that the governmental unit will
				not complete the eligible activities on its grant within the current grant
				project budgeting period. Withholding and recovery shall be limited to only
				that amount necessary to assure compliance.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 157 - Management of PCBs and products containing PCBs › FOREWORD › Section NR 157.01 - Applicability

Current through June 24, 2024
The provisions of ss.
					 NR
					 157.02 through establish procedures 157.07 for the
					 storage, collection, transportation, processing and final disposal of PCBs and
					 products containing PCBs taken out of service for disposal. These provisions do
					 not affect PCBs and products containing PCBs in use. The provisions of ss.
					 NR
					 157.20 and establish procedures 157.21 for methods and
					 manner of sampling, preparing samples and analyzing PCBs or products containing
					 PCBs manufactured or purchased for use within the state subject to the
					 provisions of s.
					 299.45,
					 Stats., as well as PCBs or products containing PCBs which require
					 disposal.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 157 - Management of PCBs and products containing PCBs › FOREWORD › Section NR 157.02 - Definitions

Current through June 24, 2024
For the purpose of these regulations:
(1) "Department" means the department of
				  natural resources.
(2) "Full
				  service contractor" means any person who accepts ownership and responsibility
				  from a generator for delivery of PCBs or products containing PCBs for disposal
				  to a service, incineration or landfill facility and who meets the requirements
				  of s.
				  NR
				  157.05(1).
(3) "Generator" means any person who
				  possesses for disposal PCBs or products containing PCBs.
(4) "PCBs" is defined in s.
				  299.45(1)
				  (a), Stats., as follows: PCB's means the
				  class of organic compounds generally known as polychlorinated biphenyls and
				  includes any of several compounds produced by replacing 2 or more hydrogen
				  atoms on the biphenyl molecule with chlorine atoms.
(5) "Product containing PCBs" is defined in
				  s.
				  299.45(1)
				  (c), Stats., as follows: Product containing
				  PCBs means any item, device or material to which PCBs are intentionally added
				  during or after manufacture as plasticizers, heat transfer media, hydraulic
				  fluids, dielectric fluids, solvents, surfactants, insulators or coating,
				  adhesive, printing or encapsulating materials or for other uses related to the
				  function of such item, device or material. (For the purposes of this chapter,
				  PCBs and products containing PCBs excludes materials specified in s.
				  299.45(3)
				  (b), (c) or (7), Stats.)
(6) "Person" is defined in s.
				  283.01(1),
				  Stats., as follows: "Person means ... an individual, owner or operator,
				  corporation, partnership, association, municipality, interstate agency or state
				  agency."
(7) "Service facility"
				  means any business which contracts with a generator or full-service contractor
				  for servicing, dismantling and salvaging products containing PCBs preceding
				  disposal or salvaging PCBs preceding disposal.
(8) "Transporter" means any person who
				  transports PCBs or products containing PCBs for disposal.
(9) "Waste tracking form" is a form provided
				  or approved by the department for use in recording all movement of PCBs or
				  products containing PCBs for disposal or shipment to a service facility, and
				  includes the Wisconsin hazardous waste manifest form.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 157 - Management of PCBs and products containing PCBs › FOREWORD › Section NR 157.03 - Generator responsibilities

Current through June 24, 2024
(1) HANDLING AND
				  STORAGE. The generator shall handle and store PCBs and products containing PCBs
				  for disposal in a manner which will prevent losses to the environment. Except
				  for transformers, containers used for the transportation or storage of PCBs or
				  products containing PCBs may not be used for the storage or transportation of
				  any other material. The department may require written handling and storage
				  plans when it is determined by the department that the generator disposes of
				  more than 500 pounds of PCBs annually, either in liquid form or incorporated in
				  products. The department may also require written handling and storage plans
				  when the department determines that the handling and storage practices of the
				  generator are inadequate to prevent losses to the environment. The department's
				  preliminary determination and the bases thereof shall be set forth in writing
				  and transmitted to the generator, and the generator shall be allowed 10
				  business days to comment thereon. After receipt and consideration of the
				  generator's comments, the department shall make its final determination. When
				  the department determines that written handling and storage plans are required,
				  the department shall review and approve, deny or deem the plans incomplete
				  within 65 business days of receipt. Written handling and storage plans may
				  include but are not limited to:
(a) An
				  inspection program for detecting leaks in equipment tanks or other containers
				  and a program addressing remedial measures to collect escaped or escaping
				  PCBs.
(b) A spill containment
				  program to prevent spillage of PCBs in handling, storage and processing areas
				  which would include provisions for impervious floors, curbs, and sumps. Drains
				  in these areas shall not be connected to a sanitary or storm sewer.
(c) Provisions for the availability and use
				  of container drums solely for handling all PCBs from such things as sumps,
				  scrapped units, drip pans, and sample jars.
(d) Provisions for availability and use of
				  containers for supplies of material for absorbing small PCB spills or clean-up
				  of larger spills and open-head drums with suitable closures, solely for
				  handling PCB contaminated materials such as cellulose insulation, rags, paper
				  pressboard, wood gaskets, and sawdust.
(e) Provisions for the clean-up and disposal
				  of PCBs or solvents containing PCBs which result from the maintenance,
				  drainage, cleaning or spillage of products containing PCBs.
(f) Provisions for the adequacy of all
				  containers used to store PCBs or products containing PCBs destined for disposal
				  to prevent escape of PCBs via spillage, leakage, or vaporization.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 157 - Management of PCBs and products containing PCBs › FOREWORD › Section NR 157.04 - Transporter responsibilities

Current through June 24, 2024
(1) No person shall
				  transport PCBs or products containing PCBs for disposal unless licensed
				  pursuant to ch. NR 663 as a transporter of hazardous wastes. This requirement
				  shall not apply to the transportation of PCBs or products containing PCBs by
				  the generator.
(2) The transporter
				  of PCBs or products containing PCBs shall complete the applicable portions of
				  the waste tracking forms and deliver the remaining copies to the operator of
				  the service or disposal facility.
(3) The transporter of PCBs or products
				  containing PCBs for disposal shall take measures to insure that:
(a) All PCBs which are transported are stored
				  in sturdy and secure containers in a manner to prevent leakage or spillage.
				  Except for transformers, containers used for the transportation or storage of
				  PCBs or products containing PCBs shall not be used for the storage or
				  transportation of any other material.
(b) A supply of absorbents or other materials
				  or equipment is carried to be used to contain and clean up the PCBs should
				  spillage occur.
(c) Provisions are
				  adopted for the repackaging of the PCBs and continuation of the shipment to the
				  service or disposal facility and for noting the amount spilled and disposition
				  of spilled waste on the waste tracking forms on resumption of the
				  trip.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 157 - Management of PCBs and products containing PCBs › FOREWORD › Section NR 157.05 - Full-service contractors

Current through June 24, 2024
(1) In lieu of
				  meeting the requirements appearing in ss.
				  NR
				  157.03(2) and
				  157.04, the generator may contract
				  with a full-service contractor for transportation, servicing or processing of
				  PCBs or products containing PCBs for disposal. A full-service contractor shall
				  be licensed as a transporter of hazardous wastes pursuant to ch. NR 663 and
				  shall have a minimum of $300,000 in liability insurance. This insurance shall
				  provide coverage for damage resulting from spillage of PCBs and products
				  containing PCBs or from disposal at any facility which is not approved for
				  acceptance of PCBs by the applicable state or federal agency for the disposal
				  of PCBs.
(2) The full-service
				  contractor shall be responsible for contracting with a facility to accept the
				  PCBs or products containing PCBs. Shipment to service or disposal facilities in
				  the state of Wisconsin shall be limited to those facilities which meet the
				  requirements of ss.
				  NR
				  157.06 and
				  157.07. If, for any reason, delivery
				  of the shipment is rejected by the service or disposal facility, the contractor
				  shall immediately make provisions for delivery to another service or disposal
				  facility or shall make provisions for storage of the rejected shipment not to
				  exceed 60 days. The department may extend the 60 day period upon a showing by
				  the full service contractor that a service or disposal facility capable of
				  accepting for disposal PCBs or products containing PCBs is not available. Any
				  handling or storage by the contractor shall be done in a manner which will
				  prevent losses to the environment.
(3) The full-service contractor shall take
				  measures to insure that:
(a) All PCBs which
				  are transported are stored in sturdy and secure containers in a manner to
				  prevent leakage or spillage. Except for transformers, containers used for the
				  transportation or storage of PCBs or products containing PCBs shall not be used
				  for the storage or transportation of any other material.
(b) A supply of absorbents or other materials
				  or equipment is carried to be used to contain and pick up the PCBs should
				  spillage occur during transport.
(c) Provisions are adopted for the
				  repackaging of the PCBs and continuation of the shipment to the service or
				  disposal facility and for noting the amount spilled and disposition of spilled
				  waste on the waste tracking forms on resumption of the trip.
(d) If spillage does occur, the full-service
				  contractor shall implement the procedures required in sub. (3) and shall
				  promptly notify the division of emergency government at (608)
				  266-3232.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 157 - Management of PCBs and products containing PCBs › FOREWORD › Section NR 157.06 - Service facility responsibilities

Current through June 24, 2024
(1) Existing
				  facilities for repair or salvaging of PCBs or products containing PCBs in
				  amounts greater than 2 pounds per unit shall register with the department by
				  January 1, 1978. Any such facility which has failed to register by the required
				  date may not accept for repair or salvaging PCBs or products containing PCBs
				  until such registration has been accomplished.
(2) Any facility governed by this subsection
				  shall institute procedures for the safe handling, storage, draining and
				  packaging of PCBs or products containing PCBs for disposal. Except for
				  transformers, containers used for transportation or storage of PCBs or products
				  containing PCBs shall not be used for the storage or transportation of any
				  other material.
(3)
(a) The service facility shall make
				  provisions with a disposal facility to accept PCBs or products containing PCBs
				  before permitting shipment for disposal. Shipment to a disposal facility in the
				  state of Wisconsin shall be limited to those facilities which meet the
				  requirements of s.
				  NR
				  157.07. If, for any reason, delivery of the shipment
				  is rejected by the disposal facility, the service facility shall make
				  provisions for immediate return of the shipment or delivery to another disposal
				  facility.
(b) The service facility
				  shall make provisions with approved transporters and disposal facilities to
				  complete waste tracking forms provided or approved by the department. A copy of
				  the form shall be retained by the service facility operator for the inspection
				  of the department, and a copy shall be delivered with the PCBs or products
				  containing PCBs to the disposal facility.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 157 - Management of PCBs and products containing PCBs › FOREWORD › Section NR 157.07 - Disposal methods and facilities

Current through June 24, 2024
(1) METHODS. PCBs
				  or products containing PCBs (liquids, semi-solids) for which a technically and
				  economically feasible incineration method is available for destruction shall be
				  incinerated unless approval for an alternative method of disposal is obtained
				  in writing from the department. Solid or semi-solid products containing PCBs
				  for which a technically and economically feasible incineration method is
				  unavailable shall be disposed of at a landfill facility unless approval for an
				  alternative method of disposal is obtained in writing from the
				  department.
(2) INCINERATION
				  FACILITIES. Facilities for incineration of PCBs or products containing PCBs
				  shall not be established or operated in the state of Wisconsin until written
				  approval of the department is obtained.
(a)
				  Complete plans and specifications for an incineration facility shall be
				  submitted to the department in accordance with all applicable provisions of
				  chs.
				  NR
				  400 to
				  499 and 660 to
				  679.
(b) Minimum requirements for incineration of
				  PCBs and products containing PCBs include suitable balance of operational
				  parameters (dwell time, temperature, turbulence, and excess oxygen) and a
				  suitable scrubber to remove hydrochloric acid mist from the exhaust gas.
				  Recommended requirements are 2 second dwell time at 1100ºC (2000ºF)
				  and 3% excess oxygen in the stack gas or 11/2 second dwell time at 1500ºC
				  (2700ºF) and 2% excess oxygen in the stack gas.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 157 - Management of PCBs and products containing PCBs › FOREWORD › Section NR 157.20 - Testing methods for PCBs and products containing PCBs

Current through June 24, 2024
(1) For transformer
				  fluids, waste oils, insulating liquids, and other non-polar liquids containing
				  PCBs the extraction procedures and analysis methods used shall be any that is
				  appropriate for the material being analyzed, including "Standard Method for
				  Analysis of Polychlorinated Biphenyls in Insulating Liquids by Gas
				  Chromatography," ASTM standard D 4059-86, American Society for Testing and
				  Materials; "The Determination of Polychlorinated Biphenyls in Transformer Fluid
				  and Waste Oils," EPA-600/4-81-045, U.S. EPA; EPA Method 3580, EPA Method 3580A,
				  EPA Method 8082, or EPA Method 8082A, all found in "Test Methods for Evaluating
				  Solid Waste," SW-846, U.S. EPA; and EPA Method 1668A or EPA Method 1668C, U.S.
				  EPA
Note:
Links to the standards listed above can
					 be found on the Wisconsin department of natural resources laboratory
					 accreditation program website and are available for inspection at the offices
					 of the department and the legislative reference bureau.
Note: Pursuant to s.
					 299.11(4)
					 (c), Stats., sub. (1) is shown as amended
					 eff. 6-29-21 by CR 17-046. Prior to 6-29-21 it reads:
(1)
For transformer fluids, waste oils,
				  insulating liquids, and other non-polar liquids containing PCBs the procedures
				  and gas chromatographic analysis used shall be as defined in "Standard Method
				  for Analysis of Polychlorinated Biphenyls in Insulating Liquids by Gas
				  Chromatography", ASTM standard D 4059-86, American Society for Testing and
				  Materials, 1916 Race Street, Philadelphia, PA 19103; or "The Determination of
				  Polychlorinated Biphenyls in Transformer Fluid and Waste Oils",
				  EPA-600/4-81-045, U.S. EPA Monitoring and Support Laboratory, Cincinnati,
				  OH.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 157 - Management of PCBs and products containing PCBs › FOREWORD › Section NR 157.21 - Approval of alternate test procedures

Current through June 24, 2024
Applications for approval of alternate test procedures for
					 wastewater analysis must be made as directed in s.
					 NR
					 219.033.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 159 - Management Of Class B Firefighting Foam › Section NR 159.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish the appropriate
				  containment, treatment, and disposal and storage measures when testing Class B
				  firefighting foam that contains intentionally added PFAS; to establish
				  consistent, uniform standards and procedures to limit the discharge of Class B
				  firefighting foams, unless the foam is used in emergency firefighting or fire
				  prevention operations; and to clarify recordkeeping and notification
				  requirements. This chapter is adopted under s.
				  299.48,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 159 - Management Of Class B Firefighting Foam › Section NR 159.02 - Applicability

Current through June 24, 2024
(1) This chapter applies to any person
				conducting testing of foam that contains intentionally added PFAS, including
				calibration testing, conformance testing, or fixed-system testing, to evaluate
				its effectiveness or testing of a firefighting foam delivery system or
				equipment.
(2) This chapter applies
				to any person that uses or discharges foam that contains intentionally added
				PFAS including use as part of an emergency firefighting or fire prevention
				operation.
(3) This chapter applies
				to any person that contains, treats, disposes, or stores foam from a testing
				facility or generated as a result of testing.
(4) The prohibitions and requirements in this
				chapter apply to foam that is in concentrate or that is mixed with water,
				liquids, or other substances. No person may discharge foam to a storm or
				sanitary sewer or to the environment unless the discharge meets the treatment
				requirements of this chapter and the discharge is in accordance with all other
				applicable environmental regulations.
(5) This chapter may not be construed as
				prohibiting the manufacture, sale, or distribution of foam that contains
				intentionally added PFAS.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 159 - Management Of Class B Firefighting Foam › Section NR 159.04 - Prohibition and exemptions

Current through June 24, 2024
(1) Except as
				provided under sub. (2), no person may use or otherwise discharge, including
				for training purposes, a class B firefighting foam that contains intentionally
				added PFAS.
(2) All of the
				following actions are exempt from the prohibition under sub. (1):
(a) The use or discharge by any person of a
				class B firefighting foam that contains intentionally added PFAS as part of an
				emergency firefighting or fire prevention operation.
(b) The use by any person of class B
				firefighting foam that contains intentionally added PFAS for testing purposes,
				including calibration testing, conformance testing, or fixed system testing, if
				the testing facility has implemented appropriate containment, treatment, and
				disposal or storage measures, as specified in ss. NR 159.06 to 159.08, to
				prevent discharges of the foam to the environment.
Note:
Under s.
				  299.48(3)
				  (b), Stats., appropriate containment,
				  treatment, and disposal or storage measures may not include flushing, draining,
				  or otherwise discharging foam into a storm or sanitary sewer.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 159 - Management Of Class B Firefighting Foam › Section NR 159.05 - Notification and recordkeeping

Current through June 24, 2024
(1) NOTIFICATION. A
				person that uses or discharges foam shall do all of the following:
(a) Notify the department of the use or
				discharge of foam as part of an emergency firefighting or fire prevention
				operation immediately or as soon as practicable without hindering emergency
				firefighting or fire prevention operations.
(b) Notify the department immediately of any
				discharge of foam to the environment resulting from testing purposes.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 159 - Management Of Class B Firefighting Foam › Section NR 159.06 - Storage

Current through June 24, 2024
A person that uses foam for testing purposes shall store
				  foam in accordance with manufacturer instructions and safety data sheets, and
				  in a manner that shall prevent discharge of foam to the environment. A person
				  that stores foam for testing purposes shall do all of the following:
(1) Establish and maintain a quarterly
				inspection program for detecting leaks in storage containers and a plan to
				undertake response measures to halt, contain, remove, treat, or dispose of foam
				discharges.
(2) Post safety data
				sheets in a visible location in the storage area.
(3) Clearly label all containers to indicate
				the contents of the container and keep containers in a manner that allows easy
				detection of signs of leakage.
(4)
				Store and transport foam in containers fabricated from or lined with materials
				compatible with foam and designed to prevent evaporation of foam, including
				containers direct from the manufacturer.
(5) Maintain material for absorbing any
				discharges of foam onsite.
(6)
				Block any drains in a storage area from any connection to a sanitary or storm
				sewer.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 159 - Management Of Class B Firefighting Foam › Section NR 159.07 - Containment

Current through June 24, 2024
A person that uses foam for testing purposes shall ensure
				  that appropriate containment is in place during testing of foam or testing of
				  fire suppression systems, foam delivery systems, or foam equipment to prevent
				  discharge of foam to the environment. Appropriate containment shall include all
				  of the following:
(1) Use of water or
				surrogate solutions; testing equipment indoors; spraying into drums, lined
				pits, or other containment equipment; and testing with closed-loop systems,
				when consistent with industry standards and other regulations governing foam
				testing.
Note:
Other regulations may include chs. SPS 314
				  and 361 to 366, which incorporate standards of the national fire protection
				  association, federal aviation administration requirements, and other applicable
				  industry and national association standards.
(2) Testing and flushing of foam testing
				equipment, systems, and facilities conducted with a containment system capable
				of capturing, diverting, and storing generated foam.
(3) Testing that employs measures to prevent
				foam that escapes containment from entering surface waters, groundwater, storm
				sewers, or sanitary sewers.
(4)
				Containment system design that takes into account location and use of the foam,
				the risk to the environment, the automatic or manually activated design of a
				foam system, and any other applicable local, state, or federal
				regulations.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 159 - Management Of Class B Firefighting Foam › Section NR 159.09 - Lab analyses and samples for PFAS in foam

Current through June 24, 2024
(1) Laboratory
				analyses of any treated foam samples collected shall report results to the
				testing laboratory's method detection limit. Laboratories shall use procedures
				suitable for the matrix, potential interferences, and expected level of PFAS in
				the sample. All chemical and physical analyses for which accreditation is
				available under ch. NR 149 shall be conducted by a laboratory accredited under
				ch. NR 149.
(2) Upon request of the
				department, a person or testing facility subject to this chapter shall provide
				the department with any foam safety data sheets, sampling, and analyses of the
				foam stored, tested, treated, disposed of, contained, or used at the facility
				or treated or disposed of at another facility.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 162 - Clean Water Fund Program › Subchapter I - General › Section NR 162.001 - Purpose

Current through June 24, 2024
The purposes of this chapter are all of the
					 following:
(1) Establish rules under
				  ss. 281.58 and
				  281.59, Stats., to implement and
				  administer a financial assistance program for the engineering and construction
				  of treatment works and best management practices.
(2) Establish a priority system for
				  distributing clean water fund program financial assistance as provided in s.
				  281.58, Stats., and the
				  mechanisms and methodology to be used to modify the priority scoring
				  system.
(3) Establish rules under
				  s. 281.58 (6) (b)
				  8, Stats., to implement and administer
				  interest rate subsidies for loans issued by the board of commissioners of
				  public lands for projects to engineer and construct treatment works and best
				  management practices with total estimated project costs of $2,000,000 or
				  less.
All forms necessary for financial assistance under this
						chapter are available on the department's website. Paper forms may be acquired
						from the Department of Natural Resources, Bureau of Community Financial
						Assistance, 101 S. Webster St., P.O. Box 7921, Madison, Wisconsin 53707-7921.
						Most information is required to be submitted through the department's online
						application system.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 162 - Clean Water Fund Program › Subchapter I - General › Section NR 162.002 - Applicability

Current through June 24, 2024
This chapter applies to all applicants for and recipients
					 of financial assistance for the engineering and construction of treatment works
					 and best management practices made under ss.
					 281.58 and
					 281.59, Stats. This rule first
					 applies to financial assistance applications submitted to the department on
					 November 1, 2023. Compliance with the applicable requirements of this chapter
					 is a prerequisite to receiving financial assistance under ss.
					 281.58 and
					 281.59, Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 162 - Clean Water Fund Program › Subchapter I - General › Section NR 162.003 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Amendment" means a formal, written
				  change to an existing legal agreement or contract executed by all parties to
				  the original agreement or contract.
(2) "American Community Survey" or "ACS"
				  means the nationwide survey conducted by the U.S. bureau of the census to
				  collect demographic, social, housing, and economic data and produce 1-year,
				  3-year, and 5-year estimates based on population thresholds.
(3) "Applicant" means any municipality that
				  submits to the department any of the following for financial assistance under
				  this chapter:
(a) Intent to apply form and
				  priority evaluation and ranking information as required by the
				  department.
(b) A financial
				  assistance application.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 162 - Clean Water Fund Program › Subchapter II - Financial Assistance Requirements › Section NR 162.01 - Types of financial assistance available

Current through June 24, 2024
The department and DOA may, subject to applicable
					 requirements of ss. 281.58 and
					 281.59, Stats., and ch. Adm 35,
					 provide to an eligible applicant for a scored project any of the following
					 types of financial assistance unless the project reaches substantial completion
					 more than 3 years prior to the date the applicant submits a complete
					 application for financial assistance under s.
					 NR 162.05
					 (4) or the applicant already has long-term
					 affordable debt outstanding for a project that is already complete or has
					 reached substantial completion prior to the application submittal date:
(1) Subject to the limits established in s.
				  NR 162.04
				  (3), the purchase or refinance of a
				  municipality's interim debt.
(2)
				  The guarantee of, or purchase of insurance for, municipal obligations for
				  construction of a treatment works or BMP if the guaranteed or purchased
				  insurance would improve credit market access or reduce interest costs on the
				  municipal obligations.
(3) Loans at
				  or below the market interest rate.
(4) Interest rate subsidies under subch.
				  IV.
(5) Using funds received as
				  federal capitalization grants, any other type of assistance that is consistent
				  with the federal program for state water pollution control revolving funds
				  under 33 USC
				  1381 to
				  1387 or any other federal law
				  providing funding for or otherwise relating to that program.
The language under sub. (5) and under s.
						281.58 (6) (b)
						9, Stats., allows the department to provide
						principal forgiveness as part of a financial assistance agreement in accordance
						with 33 USC
						1383 (i) (1), which states,
						"In any case in which a State provides assistance to an eligible recipient
						under subsection (d), the State may provide additional subsidization, including
						forgiveness of principal."
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 162 - Clean Water Fund Program › Subchapter II - Financial Assistance Requirements › Section NR 162.02 - Annual funding policy, project priority list, and funding list

Current through June 24, 2024
(1)
				  FUNDING POLICY AND PROJECT PRIORITY LIST. The department may produce an annual
				  CWFP funding policy in conjunction with the fiscal year's priority list
				  established under s.
				  NR
				  162.52. The funding policy may be in the form of the
				  intended use plan and may describe methods for making funding determinations
				  and other policies related to the fiscal year. When the department publishes a
				  funding policy for a given year, it shall provide an opportunity for public
				  comment regarding the funding policy.
(2) FUNDING LIST. The department shall
				  prepare a funding list of all CWFP-eligible applicants, including applications
				  submitted under subchs. II to IV, when the amount available under s.
				  20.866 (2) (tc)
				  or 281.59 (3e) (d) or (4)
				  (f), Stats., is insufficient in accordance
				  with s. 281.58 (9m)
				  (f), Stats., and, for municipalities wishing
				  to compete for principal forgiveness funds, when the department has principal
				  forgiveness funds available to distribute in a year during which s.
				  281.58 (9m)
				  (f), Stats., does not apply.
A separate funding list for hardship projects will be
						prepared annually in accordance with s.
						NR
						162.26.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 162 - Clean Water Fund Program › Subchapter II - Financial Assistance Requirements › Section NR 162.03 - Project eligibility

Current through June 24, 2024
(1) TRADITIONAL WASTEWATER TREATMENT PLANT
				  AND COLLECTION SYSTEM PROJECTS. A municipality may receive financial assistance
				  under this chapter for a publicly-owned wastewater treatment works scored
				  project, including a treatment plant or sewage collection system project, that
				  meets any of the following criteria:
(a) The
				  project is necessary to prevent a municipality from significantly exceeding a
				  wastewater effluent limitation contained in a permit issued under ch. 283,
				  Stats. All of the following types of projects are included under this
				  paragraph:
1. Projects for which construction
				  will completely take place inside the fence or on site of a wastewater
				  treatment plant, such as projects to build or modify headworks, clarifiers,
				  aeration basins, stabilization ponds, sludge processing equipment, sludge
				  storage facilities, or on-site administrative buildings, and projects to build
				  or modify facilities for the receiving, storage, or treatment of septage. The
				  department may determine that a lift station pumping all of the wastewater flow
				  directly to the wastewater treatment plant with no other influent pump at the
				  plant site is part of a project that takes place inside the fence. The
				  department may also determine, based on the layout and function of the
				  treatment work, that other facilities, such as a septage receiving station that
				  conveys the septage directly into the wastewater treatment plant, are
				  considered part of the work inside the fence.
2. Projects for which construction takes
				  place outside of the fence of the wastewater treatment plant that are necessary
				  to maintain or improve the integrity and performance of wastewater treatment
				  works facilities serving the municipality, including sanitary sewer replacement
				  or rehabilitation, sanitary sewer lining, publicly-owned lateral lining, lift
				  station upgrades, and construction of new interceptors, lift stations,
				  pretreatment facilities, septage receiving stations, and other treatment works
				  facilities outside of the fence of the wastewater treatment plant.