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 162.30 - Financial assistance agreement conditions

Current through June 24, 2024
(1) Each financial
				  assistance agreement shall require the recipient to do all of the following:
(a) Maintain a system of user charges in
				  accordance with s.
				  NR
				  162.26, if applicable as described in s.
				  NR 162.26
				  (2), and maintain ordinances and other legal
				  authorities in accordance with ch. NR 216, for the useful life of the treatment
				  works or BMP.
(b) Comply with all
				  pertinent requirements of federal, state, and local environmental laws and
				  regulations.
(c) For financial
				  assistance provided directly from a federal capitalization grant, comply with
				  the requirements contained in
				  33 USC
				  1251 to
				  1274 and
				  33 USC
				  1381 to
				  1387, if required by the terms of
				  the capitalization grant.
(d)
				  Comply with all state and local laws regarding procurement and public
				  contracts.
(e) Provide department
				  representatives access to the scored project, including all construction
				  activities, whenever the project is in preparation or progress. For purposes of
				  providing access, the recipient shall do all of the following:
1. The recipient shall in each of its
				  contracts for the project include a provision that requires the recipient and
				  its contractors to allow the department access to records of contractors and
				  subcontractors pertinent to the project for the purpose of making inspections,
				  examinations, excerpts, copies, and transcriptions.
2. The recipient shall allow DOA or its agent
				  access to records for audits.
(f) Expeditiously initiate and complete the
				  project in accordance with the financial assistance agreement and application,
				  including construction of and payments for the portions ineligible for CWFP
				  financial assistance and any project schedule approved by the department.
				  Failure of the recipient to promptly initiate project work may be deemed a
				  breach of the financial assistance agreement.
(g) Promptly notify the department of changes
				  to the project, including notifying a department plan reviewer and the
				  department construction management engineer when plans and specifications are
				  being revised.
(h) Promptly submit
				  to the department a copy of any prime professional services or construction
				  contract or modification to a contract and any revisions to plans and
				  specifications.
(i) Begin repayment
				  of the principal balance of the loan no later than 12 months after the
				  substantial completion date of the project as specified in the financial
				  assistance agreement and make the final principal payment no later than 20
				  years after the date of the financial assistance agreement unless the financial
				  assistance agreement term is greater than 20 years but not more than 30 years.
				  If the loan term is greater than 20 years, the municipality shall make the
				  final principal payment no later than 30 years after the date of the financial
				  assistance agreement.
(j) Comply
				  with all applicable construction site performance standards and technical
				  standards established in ch. NR 151 for controlling runoff pollution.
Note:
Storm water technical standards, models,
					 and BMPs are available online at
https://dnr.wisconsin.gov/topic/Stormwater/standards
.
					 Use the standards to plan, design, install, and maintain erosion and sediment
					 control and storm water management practices, to comply with ch. NR 151. This
					 information on the web is also available in paper form and may be obtained from
					 the Department of Natural Resources, Bureau of Community Financial Assistance,
					 101 South Webster Street, Madison, Wisconsin 53702.
(k) Provide and maintain adequate
				  construction inspection to ensure conformance with the approved plans and
				  specifications.
(L) Notify the
				  department of the substantial completion of the project.
(m) Maintain all required intermunicipal
				  agreements throughout the term of the financial assistance agreement as
				  described in s.
				  NR 162.24 (3) (h)
				  2.
(n) Comply with all applicable provisions of
				  any outstanding CWFP and safe drinking water loan program financial assistance
				  agreements and CWFP interest rate subsidy agreements.