Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 166 - Safe Drinking Water Loan Program › Subchapter II - Financial Assistance Requirements › Section NR 166.06 - Project eligibility

Current through June 24, 2024
(1) ELIGIBLE PROJECTS. Under s.
				  281.61 (2),
				  Stats., the department and DOA administer a financial assistance program for
				  projects that facilitate compliance with national primary drinking water
				  regulations under 42 USC
				  300g-1 or otherwise significantly further the
				  health protection objectives of the Safe Drinking Water Act,
				  42 USC
				  300f to
				  300j-26. Under s.
				  281.61 (2),
				  Stats., a municipality may receive financial assistance under this chapter for
				  a project that has any of the following purposes:
(a) Address safe drinking water act health
				  standards that have been exceeded or prevent future violations of health
				  standards and regulations contained in ch. NR 809. This includes projects to
				  maintain compliance with existing regulations for contaminants with acute
				  health effects and regulations for contaminants with chronic health
				  effects.
(b) Replace or construct
				  infrastructure if necessary to maintain compliance with or further the public
				  health protection goals of the safe drinking water act. This includes projects
				  with any of the following purposes:
1.
				  Rehabilitate or develop sources to replace contaminated sources, excluding open
				  reservoirs, dams, dam rehabilitation, and water rights.
2. Install or upgrade treatment facilities
				  if, in the department's opinion, the project would improve the quality of
				  drinking water to comply with primary or secondary drinking water
				  standards.
3. Install or upgrade
				  storage facilities, including finished water reservoirs, to prevent
				  microbiological contaminants from entering the public water system.
4. Install, replace, or rehabilitate
				  transmission and distribution pipes to prevent contamination caused by leaks or
				  breaks in the pipe, or improve water pressure to safe levels.
(c) Consolidate existing community
				  water systems that have technical, financial, or managerial difficulties.
				  Projects for consolidating existing systems shall be limited in scope to the
				  service area of the systems being consolidated.
(d) Purchase a portion of another public
				  water system's capacity if it is the most cost-effective solution.
(e) Restructure a public water system that is
				  in noncompliance with the safe drinking water act requirements or lacks the
				  technical, managerial, and financial capability to maintain the system if the
				  assistance will ensure that the system will return to and maintain compliance
				  with the safe drinking water act requirements.
(f) Create a new community water system or
				  expand an existing community water system that, upon completion, will address
				  an existing public health threat from contaminated drinking water provided by
				  individual wells or surface water sources. Projects to address existing public
				  health threats associated with individual wells or surface water sources shall
				  be limited in scope to the specific geographic area affected by contamination
				  and shall be a cost-effective solution to resolve the problem threatening
				  public health. Projects under this paragraph must meet all of the following
				  criteria:
1. The municipality submits
				  documentation, such as well sampling results, showing that the MCL for a
				  microbiological, nitrate or nitrite, or chronic contaminant is exceeded by 40
				  percent or more of the individual wells or surface water sources within the
				  affected area; or, for other public health threats, the municipality submits
				  hydrogeological data or other documentation that indicates contamination is
				  imminent.
2. The department
				  determines that a community water system is a necessary and appropriate
				  response to the contamination.