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 162.11 - 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 and a
				  sewer use ordinance in accordance with s.
				  NR
				  162.07 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)
				  Provide timely sewerage service to all users of the treatment works within the
				  delineated service area except in areas where annexation is refused under s.
				  281.43 (1m),
				  Stats.
(e) Comply with all state
				  and local laws regarding procurement and public contracts.
(f) 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.
(g) 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.
(h) 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.
(i) Promptly submit
				  to the department a copy of any prime contract or modification to it and any
				  revisions to plans and specifications.
(j) 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.
(k) Make available an operations and
				  maintenance manual for the treatment works. All of the following apply to the
				  provision of an operations and maintenance manual:
1. A recipient shall develop a new or modify
				  an existing operations and maintenance manual that, based on the scored
				  project, is applicable to any of the following:
a. The entire wastewater treatment
				  works.
b. The collection system,
				  including all wastewater treatment works facilities outside of the fence of the
				  wastewater treatment plant.
c. The
				  wastewater treatment plant, including all wastewater treatment works facilities
				  inside the fence of the wastewater treatment plant.
2. Address in the manual developed or
				  modified under subd. 1. all of the following:
a. General information.
b. Staffing.
c. Records and recordkeeping.
d. Laboratory.
e. Safety.
f. Utility systems.
g. A description of the process, operations,
				  and controls.
h.
				  Maintenance.
i. Sludge
				  management.
j. Manufacturer's
				  information.
3. Provide a
				  copy of the operations and maintenance manual developed or modified under subd.
				  1. to the department. For projects or facilities that have an existing
				  operations and maintenance manual that was submitted to the department in the
				  past, the recipient may meet the requirements of subds. 1. to 3. by developing
				  and submitting an addendum to the previously submitted manual.
4. Certify to the department, in the form
				  required by the CWFP, that the operations and maintenance manual developed or
				  modified under subd. 1. meets or exceeds the requirements under subd. 2. The
				  project engineer and a municipal official of the recipient municipality shall
				  make the certification required under this paragraph.
Note:
Operations and maintenance manual
					 certification checklists and additional information regarding operations and
					 maintenance manual requirements are available on the environmental improvement
					 fund website at
https://dnr.wisconsin.gov/aid/documents/EIF/Guide/Opmancwf.html
.
(L) Provide and maintain
				  adequate construction inspection to ensure conformance with the approved plans
				  and specifications.
(m) Comply with
				  requirements established under s.
				  281.49, Stats., regarding
				  accepting septage into the wastewater treatment works from septic tanks or
				  holding tanks within the recipient's sewer service area.
(n) Notify the department of the substantial
				  completion of the project.
(o)
				  Maintain all required intermunicipal agreements throughout the term of the
				  financial assistance agreement as described in s.
				  NR 162.05 (4) (h)
				  2.
(p) Comply with all applicable provisions of
				  any outstanding CWFP and safe drinking water loan program financial assistance
				  agreements and CWFP interest rate subsidy agreements.
(q) Obtain and maintain full legal right and
				  authority required to own, control, operate, and maintain the project for at
				  least the term of the financial assistance agreement, including assuring that
				  any of the following requirements regarding the land on which the project takes
				  place are met:
1. If the municipality prior to
				  signing a financial assistance agreement owns all of the land on which the
				  project takes place, the municipality shall maintain ownership of the land on
				  which the project is built for at least the term of the financial assistance
				  agreement unless the municipality obtains approval from the department to
				  discontinue operation of, sell, or otherwise dispose of the project.
2. If the municipality prior to signing a
				  financial assistance agreement does not own any of the land on which the
				  project takes place, the municipality shall obtain and maintain for at least
				  the term of the financial assistance agreement all necessary permits, licenses,
				  easements, and approvals required to give the municipality the authorities and
				  permissions needed to construct, operate, and maintain the project on the land
				  on which the project is built unless the municipality obtains approval from the
				  department to discontinue operation of, sell, or otherwise dispose of the
				  project.
3. If the municipality
				  prior to signing a financial assistance agreement owns some but not all of the
				  land on which the project takes place, the municipality shall follow the
				  requirements under subds. 1. and 2. regarding maintaining ownership of or
				  access needed to the land on which the project takes place to allow the
				  municipality to construct, operate, and maintain the project on the land on
				  which the project is built for at least the term of the financial assistance
				  agreement.