Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 153 - Targeted Runoff Management And Notice Of Discharge Grant Programs › Section NR 153.12 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Acquisition cost" means the purchase price actually paid by the grantee and
				reasonable costs related to the purchase of the property limited to the cost of
				appraisals, land surveys, relocation payments, title evidence, recording fees,
				historical and cultural assessments required by the department, and
				environmental inspections and assessments. It does not include attorneys fees,
				environmental clean up costs, brokerage fees paid by the buyer, real estate
				transfer taxes or any other cost not identified in this subsection.
(2) "Best management practice" as defined in
				s.
				281.65(2)
				(a), Stats., means a practice, technique or
				measure, except for dredging, which is determined to be an effective means of
				preventing or reducing pollutants generated from nonpoint sources, or from the
				sediments of inland lakes polluted by nonpoint sources, to a level compatible
				with water quality objectives established under this chapter and which does not
				have an adverse impact on fish and wildlife habitat. The practices, techniques
				or measures include land acquisition, storm sewer rerouting and the removal of
				structures necessary to install urban structural practices, facilities for the
				handling and treatment of milkhouse wastewater, repair of fences built using
				grants under this chapter and measures to prevent or reduce pollutants
				generated from mine tailings disposal sites for which the department has not
				approved a plan of operation under s.
				289.30,
				Stats.
(3) "Certification" means
				that an authorized representative has attested in writing that the statement is
				true.
(4) "Cost-effective" means
				economical in terms of the tangible benefits produced by the money spent.
				Tangible benefits include pollution control, fish and wildlife habitat
				enhancement, enhancements to recreation, public safety, economical operation,
				economical maintenance and enhanced life expectancy of the best management
				practice.
(5) "Cost-share
				agreement" means the agreement established between the governmental unit and
				the cost-share recipient which identifies the best management practices to be
				used on the cost-share recipient's lands and the cost estimate, installation
				schedule and operation and maintenance requirements for these best management
				practices.
(5m) "Cost-share
				recipient" means the receiver of cost-share funds from a provider.
(6) "DATCP" means the Wisconsin department of
				agriculture, trade and consumer protection.
(7) "Department" means the Wisconsin
				department of natural resources.
(8) "Force account work" means the use of the
				governmental unit's own employees or equipment for project planning, design,
				construction, construction related activities, inspection, repair, or
				improvement to a best management practice.
(9) "Governmental unit" means any unit of
				government including, but not limited to, a county, city, village, town,
				metropolitan sewerage district created under ss.
				200.01
				to
				200.15 or
				200.21 to
				200.65,
				Stats., town sanitary district, public inland lake protection and
				rehabilitation district, regional planning commission or drainage district
				operating under ch. 89, 1961 Stats., or ch. 88, Stats. Governmental unit does
				not include the state or any state agency.
(10) "Grant period" means the time period
				during which a governmental unit is eligible to incur eligible costs and obtain
				departmental reimbursement for a project under a runoff management grant
				agreement or a local assistance grant agreement.
(11) "Grantee" means a governmental unit or
				state agency that receives funding from the department under a runoff
				management grant agreement or a local assistance grant agreement.
(12) "Grantor" means the department when
				serving to provide funds under this chapter to a grantee.
(12m) "Impaired water" means a water body
				that the department has identified to the federal environmental protection
				agency under
				33 USC
				1313(d) (1) (A).
(13) "Landowner" means any individual,
				partnership, corporation, municipality or person holding title to
				land.
(14) "Land operator" means
				any individual, partnership, corporation, municipality or person having
				possession of or holding a lease in land and who is not a landowner.
(15) "Least cost practice" means the best
				management practice that requires the lowest amount of money to install when
				compared to other practice alternatives.
(16) "Local assistance grant agreement" means
				an agreement between the department and a state agency or governmental unit
				providing funds for staffing activities to carry out the tasks identified in a
				project selected for funding under this chapter.
(17) "Local share" means that portion of the
				best management practice installation cost that is not authorized for funding
				under s.
				92.14,
				281.65,
				281.66
				or
				281.665,
				Stats.
(18) "Nonpoint source" means
				a land management activity which contributes to runoff, seepage or percolation
				which adversely affects or threatens the quality of waters of this state and
				which is not a point source under s.
				283.01(12),
				Stats.
(18g) "Notice of discharge"
				means a notice issued from the department to a landowner or operator under s.
				NR
				243.24.
(18r) "Notice of discharge project" means a
				project funded by the department under s.
				281.65(4e),
				Stats.
(19) "Operation and
				maintenance period" means the length of time a best management practice
				included on a cost-share agreement or a runoff management grant agreement shall
				be operated and maintained to fulfill conditions of the agreement.
(19m) "Priority lake" means any lake or group
				of lakes that are identified under s.
				281.65(3)
				(am), Stats.
(20) "Priority lake area" means a hydrologic
				unit which drains to a lake or group of lakes and serves as the project
				boundary for watershed projects identified through the process in s.
				281.65(3m)
				(b), Stats., and implemented through the
				process in ch. NR 120.
(21)
				"Priority watershed" means any watershed that is identified under s.
				281.65(3)
				(am) or (4) (cm) or (co), Stats.
(23) "Project" means any targeted runoff
				management project or a notice of discharge project.
(24) "Project area" means the geographic
				extent of a project.
(25) "Project
				completion" means the expiration date of a runoff management grant agreement or
				the date all practice installations were certified as complete.
(26) "Project sponsor" means the governmental
				unit or state agency applying for and receiving grant assistance under s.
				281.65(4c)
				or (4e), Stats., and this chapter.
(27) "Provider" means a governmental unit
				that administers cost-share funds through a cost-share agreement with a
				landowner, operator, or state agency.
(29) "Runoff management grant agreement"
				means an agreement entered into between the department of natural resources and
				a state agency or governmental unit or federally recognized tribal governing
				body which establishes the terms under which funds are provided by the
				department for the installation of best management practices or the purchase of
				property or easements in a project funded under s.
				281.65(4c)
				or (4e), Stats.
(30) "Structural urban best management
				practices" means detention basins, wet basins, infiltration basins and trenches
				and wetland basins.
(31) "Targeted
				runoff management project" means either a TMDL or a non-TMDL control project
				selected by the department for funding under s.
				281.65(4c),
				Stats.
(31m) "TMDL" means the
				amount of pollutants specified as a function of one or more water quality
				parameters that can be discharged into a water quality limited surface water
				segment and still ensure attainment of the applicable water quality
				standard.
(32) "Urban best
				management practices" means structural urban best management practices and
				other source area measures, transport system and end-of-pipe measures designed
				to control storm water runoff rates, volumes and discharge quality. In this
				definition, "source area" means a component of urban land use including
				rooftops, sidewalks, driveways, parking lots, storage areas, streets and lawns
				from which storm water pollutants are generated during periods of snowmelt and
				rainfall runoff.
(32g) "US EPA"
				means the United States environmental protection agency.
(32r) "Watershed" means the geographic area
				draining to a specified portion of the surface or groundwater
				resource.
(33) "Wetland" or
				"wetlands" has the meaning specified under s.
				23.32(1),
				Stats.
(34) "WPDES" means Wisconsin
				pollutant discharge elimination system.