reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 121 - Areawide Water Quality Management Plans › Section NR 121.09 - Statewide water quality advisory committee

Current through June 24, 2024
(1) The department
				shall form a statewide water quality advisory committee composed of
				representatives of federal, state and regional organizations, agencies and
				units of government, public interest groups, groups with a special economic
				interest and private citizens.
(2)
				The department shall inform the committee of ongoing and proposed water quality
				planning and management activities and policy issues of statewide
				concern.
(3) The committee shall
				advise the department on water quality management issues of statewide
				concern.
(4) The statewide water
				quality advisory committee shall include, at a minimum, representatives of the
				following:
(a) U.S. environmental protection
				agency
(b) U.S. department of
				agriculture
(c) U.S. geological
				survey
(d) U.S. army corps of
				engineers
(e) Wisconsin assembly
				environmental resources committee
(f) Wisconsin senate agriculture and natural
				resources committee
(g) Wisconsin
				department of agriculture, trade and consumer protection
(h) Wisconsin department of
				transportation
(i) Wisconsin
				department of administration
(j)
				Wisconsin board of soil and water conservation districts
(k) University of Wisconsin-extension
(l) Wisconsin department of natural
				resources
(m) Wisconsin economic
				development corporation
(n)
				Wisconsin department of health services
(o) Southeastern Wisconsin regional planning
				commission
(p) Dane county regional
				planning commission
(q) Fox valley
				water quality planning agency
(r)
				Rock river task force
(s) Upper
				Wisconsin river task force
(t) Lake
				Michigan policy advisory committee
(u) Southwest Wisconsin policy advisory
				committee
(v) Northwest Wisconsin
				policy advisory committee
(w)
				Public interest groups
(x) Groups
				with a special economic interest
(y) Private citizens
(z) East central Wisconsin regional planning
				commission
(za) Brown county
				planning commission
(zb) Wisconsin
				department of workforce development
(zc) Agricultural producer groups
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 122 - Nitrate removal › Section NR 122.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish rules under
				  section 3040 (3p) of 1989 Wis. Act 31 for the administration of a financial
				  assistance program for pilot testing of methods to remove nitrate from
				  municipal water systems. Financial assistance under this chapter is intended to
				  evaluate the use of nitrate removal technology by providing grant support to
				  municipalities for the planning, design, engineering, construction and other
				  activities associated with an approved pilot project.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 122 - Nitrate removal › Section NR 122.02 - Applicability

Current through June 24, 2024
This chapter applies to all applicants for, and recipients
				  of, grant funding made pursuant to section 3040 (3p) of 1989 Wis. Act 31.
				  Compliance with the applicable requirements of this chapter is a prerequisite
				  to receiving financial assistance under section 3040 (3p) of 1989 Wis. Act
				  31.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 122 - Nitrate removal › Section NR 122.03 - Definitions

Current through June 24, 2024
For purposes of this chapter:
(1) "Bench scale test" means a method of
				evaluating nitrate removal by using small capacity treatment units of 1 to 10
				gpm.
(2) "Department" means the
				department of natural resources.
(3) "Full scale on-line test" means a method
				of testing nitrate removal, using production size treatment units, under which
				the treated water is made available for human consumption.
(4) "Mg/l" or "milligrams per liter" means
				the concentration level of a pollutant in a litre of water.
(5) "Municipal water system" means a public
				water system owned and operated by a municipality.
(6) "Municipality" means a city, town, town
				sanitary district or village.
(7)
				"Project" means the set of specific activities, proposed by a municipality and
				approved by the department, to test one or more methods of nitrate removal. A
				project may be either a bench scale test or full scale on-line test of a
				particular nitrate removal technology or method.
(8) "Public water system" means a system for
				the provision to the public of piped water for human consumption, if the system
				has at least 15 service connections or regularly serves an average of at least
				25 individuals daily at least 60 days out of the year.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 122 - Nitrate removal › Section NR 122.04 - Eligibility for grant assistance

Current through June 24, 2024
(1) ELIGIBLE
				APPLICANT. Any municipality which owns and operates a public water system that
				utilizes wells as the primary water source is eligible to apply for financial
				assistance under this chapter.
(2)
				ELIGIBLE PROJECTS. A project submitted by an eligible applicant is eligible for
				grant assistance if, based on the information provided, the department
				determines that at least one of the following conditions is met:
(a) The untreated water from at least one
				well within the municipal water system currently exceeds the maximum
				contaminant level of 10.0 mg/l for nitrate established in ch. NR 809.
Note: Under enforcement procedures nitrate concentrations of
				  10.5 mg/l or greater are necessary to take action.
(b) The untreated water from at least one
				well within the municipal water system contains a nitrate level of at least 7.5
				mg/l and there is documented evidence of recent increase in the nitrate
				level.
(c) The municipality submits
				other evidence which documents the presence of a substantial risk of future
				well nitrate levels at or in excess of the maximum contaminant level
				established under ch. NR 809.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 122 - Nitrate removal › Section NR 122.06 - Grant award

Current through June 24, 2024
(1) GRANT CONDITIONS. Each grant awarded
				under this chapter shall be subject to the following conditions:
(a) The municipality agrees to pay all of the
				non-state grant costs associated with the project and commits to completion of
				all project work.
(b) The
				municipality agrees that department representatives will have access to the
				project work whenever it is in preparation or progress. The municipality
				further agrees to allow department representatives access to any books,
				documents, plans, reports, papers and other records which are pertinent to the
				project, whether these records are maintained by the municipality or its
				contractors.
(c) In the case of a
				project involving construction or installation of equipment, the municipality
				agrees to provide construction or installation inspection adequate to insure
				that all project work conforms with approved plans and
				specifications.
(d) For any project
				involving procurement of equipment or contract services, the municipality
				agrees to comply with the requirements of ch. 59, 60, 61 or 62, Stats.,
				whichever is applicable.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 122 - Nitrate removal › Section NR 122.07 - Grant payments

Current through June 24, 2024
(1) The municipality shall be paid the state
				grant share of eligible project costs incurred within the scope of an approved
				project, up to the total grant amount in the grant agreement.
(2) In order to receive grant payment, the
				municipality shall submit an itemized payment request form, with backup
				documentation of all eligible costs incurred, in accordance with the
				instructions provided by the department.
(a)
				The municipality may request interim grant payments, when documented as above,
				and be paid up to a cumulative amount totalling 95% of the total grant
				award.
(b) The final grant payment
				request shall be labeled as such by the municipality and submitted with all
				remaining documentation. Upon completion of the final inspection and acceptance
				of any outstanding project reports, the department shall make the final grant
				payment.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 123 - Well Compensation Program › Section NR 123.01 - Purpose and duties of the department

Current through June 24, 2024
(1) PURPOSE. The
				purpose of this chapter is to establish rules, under s.
				281.75,
				Stats., for the implementation and administration of a financial assistance
				program for the replacement of contaminated private water supplies.
(2) DUTIES. The department shall:
(a) Establish, by rule, procedures for the
				submission, review and approval of claims under this chapter.
(b) Assist claimants in submitting
				applications for compensation under this chapter.
(c) Establish casing and liner depth and
				other construction requirements for a new or reconstructed private water
				supply.
(d) Issue awards under this
				chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 123 - Well Compensation Program › Section NR 123.02 - Applicability

Current through June 24, 2024
This chapter applies to contaminated private water supplies
				  compensable under s.
				  281.75,
				  Stats. Well compensation grants awarded prior to August 9, 1989 are governed by
				  s.
				  281.75,
				  Stats., and this chapter as they existed on August 8, 1989. This chapter does
				  not apply to contamination which is compensable under subch. II of ch. 107,
				  Stats., or s.
				  293.65(4),
				  or
				  295.61(8),
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 123 - Well Compensation Program › Section NR 123.03 - Definitions

Current through June 24, 2024
(1) "Advisory" means a written opinion,
				issued by the department, containing a specific descriptive reference to the
				well or private water supply and recommending that the well or private water
				supply not be used because of potential human health risks.
(2) "Alternate water supply" means a supply
				of potable water obtained in bottles, by tank truck or by other similar means,
				or a temporary connection to an existing private water supply, supplied at a
				capacity sufficient to satisfy water use functions impaired by the contaminated
				private water supply.
(3)
				"Approval" means a written approval of the department.
(4) "Connection to an existing private water
				supply" means a connection to an existing private water supply that tests free
				from coliform bacteria, and is not a contaminated private water
				supply.
(5) "Contaminated well" or
				"contaminated private water supply" means a well or a private water supply
				which:
(a) Produces water containing one or
				more substances of public health concern, other than bacteria or nitrates, in
				excess or a primary maximum contaminant level promulgated in the national
				drinking water standards in 40 CFR 141 and 143; or
(b) Produces water containing one or more
				substances of public health concern, other than bacteria or nitrates, in excess
				of an enforcement standard established in ch. NR 140; or
(c) Is subject to an advisory for substances
				other than bacteria or nitrates; or
(d) Is a livestock water supply or is a
				residential water supply which is used as a source of potable water for
				livestock as well as for a residence, and;
1.
				Is used at least 3 months each year and while in use provides an estimated
				average of more than 100 gallons per day for consumption by livestock;
				and
2. Produces water containing
				nitrates in excess of 40 parts per million expressed as
				nitrate-nitrogen.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 123 - Well Compensation Program › Section NR 123.04 - Determination of contamination

Current through June 24, 2024
Contamination of a private water supply, as defined in s.
				  NR
				  123.03(5), shall be established
				  by:
(1) The test analyses of at least
				2 samples of water, taken at least 2 weeks apart and not more than 2 years
				apart. All samples shall be taken within 2 years prior to the date that the
				claimant's application is received by the department. The department may reject
				test results which are not sufficiently recent. The samples shall be analyzed
				by the state laboratory of hygiene or by a laboratory certified under s.
				299.11,
				Stats. Samples shall be analyzed using a methodology specified in ch. NR 809 or
				from a reference authorized by rules promulgated pursuant to s.
				299.11(7)
				(b), Stats.; or
(2) An advisory issued or reviewed by the
				department after July 1, 1984.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 123 - Well Compensation Program › Section NR 123.05 - Allocation of funds

Current through June 24, 2024
(1) The department shall allocate money for
				the payment of completed claims and amendments according to the order in which
				completed claims and amendments are received by the department. A list shall be
				compiled of completed claims and amendments in the order received. The
				department may conditionally approve a completed claim or amendment even if the
				appropriations are insufficient to pay the claim or amendment. The department
				shall allocate money for the payment of a claim or amendment which is
				conditionally approved as soon as funds become available. A claim or amendment
				shall be considered complete when:
(a) All
				eligibility requirements are met in s.
				NR
				123.20;
(b) All forms required in s.
				NR 123.22 are
				submitted; and
(c) All information
				necessary for departmental evaluation and acceptance of the least costly
				feasible replacement water supply or the equipment to be used for treating the
				contaminated private water supply is provided. If the department does not
				approve the claimant's chosen solution, the reasons shall be communicated in
				writing to the claimant explaining why the solution is not acceptable. If the
				claim has been denied for reasons other than those specified in s.
				NR 123.06, the
				department shall assist the claimant in revising the claim to meet, if
				possible, the intent of s.
				281.75,
				Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 123 - Well Compensation Program › Section NR 123.06 - Denial of claims

Current through June 24, 2024
(1) The department shall deny a claim if:
(a) The claim is not within the scope of this
				chapter as determined by the department.
(b) The claimant submits a fraudulent
				claim.
(c) The claim is for
				reimbursement of costs incurred before the date of issuance of an award or
				proceed notice except costs allowed under ss.
				NR 123.21(1) (d)
				3. and
				123.27.
(d) One or more of the contaminants upon
				which the claim is based was introduced into the well through the plumbing
				connected to the well.
(e) One or
				more of the contaminants upon which the claim is based was introduced into the
				well intentionally by a claimant or a person who would be directly benefitted
				by payment of the claim, or a person who aids and abets the introduction of the
				contaminant, or a person who is a party to a conspiracy with another to commit,
				advise, hire, counsel or procure another to introduce the contaminants into the
				well.
(f) All of the contaminants
				upon which the claim is based are naturally occurring substances and the
				concentration of contaminants in water produced by the well does not
				significantly exceed the background concentration of the contaminants in
				groundwater at that location.
(g)
				Except as provided in s.
				NR 123.26, an
				award has been made under this chapter within the previous 10 years for the
				private water supply.
(h) A
				residential water supply is contaminated by bacteria or nitrates or both and is
				not contaminated by any other substance.
(i) A livestock water supply is contaminated
				by bacteria and is not contaminated by any other substance.
(j) The claimant submits a claim to replace a
				contaminated public water supply that is connected to 15 or more dwelling
				units.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 123 - Well Compensation Program › Section NR 123.07 - Variances

Current through June 24, 2024
The department may approve variances from non-statutory
				  requirements of this chapter upon the request of a claimant when it is
				  determined that such variances are essential to effect necessary actions or
				  department objectives, and where special circumstances make such variances in
				  the best interests of the state. Before granting a variance, the department
				  shall take into account such factors as good cause, circumstances beyond the
				  control of the claimant, and financial hardship.
Variances may not be obtained from statutory requirements.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 123 - Well Compensation Program › Section NR 123.08 - Termination of awards

Current through June 24, 2024
An award may be terminated in whole or in part by the
				  department.
(1) The department and a
				claimant may enter into an agreement to terminate the award at any time
				pursuant to this section. The agreement shall establish the effective date of
				termination of the project and award, the basis for settlement of award
				termination costs, and the amount and date of payment of any sums due either
				party.
(2) A claimant may not
				unilaterally terminate the work authorized in the award, except for good cause.
				The claimant shall promptly give written notice to the department of any
				complete or partial termination of the project work by the claimant. If the
				department determines that there is good cause for the termination of all or
				any portion of the project work, the department may enter into a termination
				agreement or unilaterally terminate the award pursuant to sub. (3), effective
				on the date of cessation of the project work by the claimant. If the department
				determines that a claimant has ceased work on the project without good cause,
				the department may unilaterally terminate the award pursuant to sub.
				(3).
(3) Awards may be terminated
				by the department in accordance with the following procedure:
(a) The department shall give not less than
				10 days written notice to the claimant of its intent to terminate an award in
				whole or in part. Notice shall be served on the claimant personally or by mail,
				certified mail - return receipt requested.
(b) The department shall consult with the
				claimant prior to any termination. After the department has received any views
				expressed by the claimant, the department may terminate the award in whole or
				in part. Any such termination shall be in writing and shall state the reasons
				for terminating the award. Notices of termination shall be served on the
				claimant personally or by mail, certified mail - return receipt
				requested.
(c) The department may
				terminate an award for good cause if negotiations and payment of appropriate
				termination settlement costs are offered to the claimant.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 123 - Well Compensation Program › Section NR 123.09 - Enforcement

Current through June 24, 2024
The following sanctions may be imposed for noncompliance with
				  s.
				  281.75,
				  Stats., the provisions of this chapter or any award made under this
				  chapter:
(1) The award may be
				terminated under s.
				NR
				123.08;
(2) Project costs directly related to the
				noncompliance may be declared ineligible;
(4) Other administrative or judicial remedies
				may be instituted as legally available and appropriate.
(5) The department may seek recovery of some
				or all payments.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 123 - Well Compensation Program › Section NR 123.20 - Eligibility of claimant

Current through June 24, 2024
(1)
(a) A claim may be submitted for the
				replacement of a contaminated private water supply which is contaminated at the
				time the claim is submitted under s.
				NR
				123.04, irrespective of the time the contamination is
				or could have been discovered in the private water supply.
(b) A claim may be submitted for the
				replacement of a contaminated private water supply which does not comply with
				ch. NR 812 at the time of submission of the claim.
(c)
1. In
				order to be eligible for an award under this chapter, the annual family income
				of the landowner or lessee of the property on which a contaminated private
				water supply is located may not exceed $65,000.
2. Except as provided under subd. 4., annual
				family income shall be based upon the adjusted gross income of the landowner or
				lessee and landowner's or lessee's spouse, if any, as computed for Wisconsin
				income tax purposes for the taxable year prior to the year in which the claim
				is made.
3. The department shall
				determine county median family income based on statistics provided by the
				federal department of housing and urban development for the taxable year prior
				to the year in which the claim is made.
4. The claimant shall submit a copy of the
				landowner's or lessee's joint Wisconsin income tax return for the year prior to
				the year in which the claim is made; or, if filing separately, the landowner's
				or lessee's separate Wisconsin income tax return and the separate Wisconsin
				income tax return of his or her spouse, if any, for the year prior to the year
				in which the claim is made. The department may disregard the Wisconsin income
				tax return for the year prior to the year in which the claim is made and may
				determine annual family income based on satisfactory evidence of income in the
				current year as provided under s.
				NR 123.22(2) (g)
				2. through 4.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 123 - Well Compensation Program › Section NR 123.23 - Issuance of an award or proceed notice

Current through June 24, 2024
(1) ISSUANCE OF A
				PROCEED NOTICE.
(a) Upon receipt of a claim,
				the department shall issue a proceed notice if the department determines that
				the claim is complete in accordance with s.
				NR 123.05,
				the department concurs with the claimant's choice of replacement water supply
				or the equipment to be used for treating the contaminated private water supply
				and the funds left in the program appropriation are not sufficient to pay the
				claim. The proceed notice shall allow the claimant to begin incurring costs.
				The department shall issue an award as soon as funds become
				available.
(b) The proceed notice
				shall specify:
1. The department approved
				replacement water supply or the equipment to be used for treating the
				contaminated private water supply;
2. All eligible itemized costs; and
3. The conditions to which an award, when
				issued, will be subject.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 123 - Well Compensation Program › Section NR 123.24 - Amount of award

Current through June 24, 2024
(1) AWARD CALCULATION.
(a) The award shall pay up to 75% of the
				eligible costs.
(b) The award may
				not provide for payment of any portion of eligible costs in excess of $12,000.
				Therefore, the maximum payment that can be made is $9,000.
(c) If the annual family income of the
				claimant exceeds $45,000, the amount of the award calculated under pars. (a)
				and (b) shall be reduced by $.30 for each $1.00 of income over $45,000.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 123 - Well Compensation Program › Section NR 123.25 - Payment

Current through June 24, 2024
(1) After an award is made, and if all the
				conditions of the award are met, payment of the state share of the eligible
				costs shall be made by the department upon receipt, review and determination of
				completeness of the following:
(a) An itemized
				payment request worksheet available from the department for each well driller,
				pump installer, and other contractors to complete who performed eligible work.
				Each payment request worksheet shall list all quantities associated with the
				installation of the approved replacement water supply or the equipment used for
				treating the contaminated private water supply.
(b) A copy of the well constructor's report
				completed by the well driller or the pump installer if a pump installer
				constructed a sand point well if the award was for a new or reconstructed
				well.
(c) Copies of the water
				sample analysis reports for samples collected by the well driller and pump
				installer for bacteriological analysis.
(d) A copy of the well abandonment report if
				the award was for the construction of a new private water supply, providing for
				a public water supply to replace the contaminated private water supply or a
				connection to an existing private water supply.
(e) A copy of an inspection report of the
				replacement water supply or the equipment used for treating the contaminated
				private water supply completed by the department.
(f) Information identifying the amount and
				source of any funds received from other parties to defray the costs of
				installing the replacement water supply or the equipment used for treating the
				contaminated private water supply. The department may reduce the payment if
				other funds received exceed 40% of the eligible costs specified in the
				award.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 123 - Well Compensation Program › Section NR 123.26 - Additional claims

Current through June 24, 2024
(1) FAILURE TO ELIMINATE CONTAMINATION. A
				claimant who receives an award for the purpose of constructing or
				reconstructing a private water supply or connecting to an existing private
				water supply may submit a new claim if the contamination is not eliminated and,
				if the award was for a new or reconstructed private water supply, the well was
				constructed properly. Only one additional claim may be submitted under this
				subsection within 10 years after an award is made.
(2) NEW CONTAMINATION. If contamination from
				a new source occurs, a claimant who has received an award for the purpose of
				constructing or reconstructing a private water supply or connection to an
				existing private water supply may submit a new claim. If the previous award was
				for a new or reconstructed private water supply or connection to an existing
				private water supply, a new claim may be submitted only if the well was
				constructed properly.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 123 - Well Compensation Program › Section NR 123.27 - Emergency

Current through June 24, 2024
The department may authorize expenditures before a claim is
				  submitted, if the department determines that an emergency situation exists. An
				  emergency determination and expenditure authorization prior to submitting a
				  claim does not waive the department's authority to evaluate and approve or deny
				  the claim for other than the authorized emergency expenditures. An emergency
				  determination only assures the claimant that their claim will not be denied due
				  to incurring costs prior to claim submission. A claimant seeking to qualify for
				  emergency status and approval to incur costs, shall contact the department to
				  explain the situation and describe a proposed replacement water supply. The
				  claimant's well shall be determined to be contaminated under s.
				  NR
				  123.04 prior to incurring costs other than those
				  allowed under s.
				  NR 123.21(1) (d)
				  3. The department shall confirm authorization
				  to incur expenditures in writing. A completed claim shall be submitted to the
				  department within 30 days of such written authorization.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 125 - State grants for water pollution control facilities › Section NR 125.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish rules under s.
				  281.55,
				  Stats., for the administration of state grants to municipalities for small
				  improvement projects for sanitary sewage treatment facilities and for
				  compliance maintenance planning.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 125 - State grants for water pollution control facilities › Section NR 125.02 - Definitions

Current through June 24, 2024
(1) "Compliance maintenance planning" means
				planning for a project which the department determines is necessary to prevent
				a municipality from significantly exceeding an effluent limitation, as defined
				in s.
				283.01(6),
				Stats.
(2) "Department" means the
				department of natural resources.
(3) "Industrial wastes" means the liquid
				wastes from manufacturing processes or food processing.
(4) "Municipality" means a city, township,
				village, county, sanitary district, county utility district, metropolitan
				sewerage district or school district that is authorized by state statute to
				own, operate, maintain, finance and construct a publicly owned sewer system or
				sewage treatment plant.
(5) "Small
				improvement project" means a project of less than $100,000 total cost which
				improves the sewage treatment capability of an existing sewage treatment plant.
				Small improvement project includes, but is not limited to, disinfection,
				phosphate removal, state required testing and monitoring equipment and other
				improvements to sewage treatment capabilities. Small improvement project does
				not include administration, operation, maintenance or replacement in kind of
				equipment or facilities.
(6) "Start
				of construction" means the signing of all eligible project construction
				contracts by the contractors and the municipality or the first excavation if
				the work is done by force account.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 125 - State grants for water pollution control facilities › Section NR 125.03 - Eligibility for a state grant

Current through June 24, 2024
(1) ELIGIBLE
				PROJECTS.
(a) The department may award grants
				to municipalities for small improvement projects for existing sewage treatment
				facilities.
(b) After June 30,
				1988, and before July 1, 1990, the department may award grants to
				municipalities for compliance maintenance planning.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 125 - State grants for water pollution control facilities › Section NR 125.05 - Costs not eligible

Current through June 24, 2024
The following costs are not allowable for state
				  participation:
(1) INELIGIBLE WORK.
				The cost of any work not included in the eligible portion of the project as
				approved by the department.
(2)
				COST OF SITE. The cost of the site or easements or any estate or interest
				therein, and any cost associated with the survey or acquisition
				thereof.
(3) REBATES, REFUNDS, TAX
				EXEMPTIONS. Any costs exceeding the actual net cost of materials or services
				are not eligible. A rebate or refund received from a firm or individual is not
				an allowable project cost. Where municipalities are exempt from the payment of
				sales taxes and excise taxes, such taxes are not an allowable cost.
(4) FEE NOT RELATED TO CONSTRUCTION. Any
				portion of a fee which covers services performed in staffing of the facility,
				training of personnel or other functions not directly related to the actual
				construction of the project.
(5)
				ADMINISTRATIVE COSTS. Costs such as office space, telephone service and
				municipal personnel, including accountants, bookkeepers and clerks except as
				allowed by s.
				NR
				125.04(2).
(6) LEGAL SERVICES. Costs of legal services
				rendered in connection with ineligible parts of the projects, such as
				acquisition of site or easements.
(7) INTEREST. Interest on bonds (including
				discounts below par) or any other form of indebtedness.
(8) DAMAGE AWARDS. Damage awards arising out
				of the construction, equipping or operation of the project, whether such awards
				are determined by judicial procedure, arbitration, negotiation or
				otherwise.
(9) BONUS PAYMENTS.
				Bonus payments made by the applicant to the contractor for completing work in
				advance of a specified time.
(10)
				COST IN EXCESS OF BID PRICE. When a bid is rejected and later reinstated in the
				contract, its eligible cost may not exceed the original bid price.
(11) NORMAL GOVERNMENT COSTS. Costs incident
				to normal operating costs of government such as bond election costs and
				salaries and expenses of statutory governmental officials such as the mayor,
				city manager, city council members, etc.
(12) UNNECESSARY OR UNREASONABLE COSTS. Any
				costs found by the department to be unreasonable or unnecessary to construction
				of the approved eligible project.
(13) OPERATION AND MAINTENANCE. The costs of
				operation, maintenance or administration or replacement in kind of equipment or
				facilities.
(14) COSTS. The portion
				of the costs of the sewage treatment plant that is allocable for the treatment
				of industrial wastes to be determined as the average of the percent of design
				flow, design BOD, and design total suspended solids for industrial waste
				treatment as compared to the total design capacity of the sewage treatment
				plant.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 125 - State grants for water pollution control facilities › Section NR 125.06 - Preliminary project evaluation

Current through June 24, 2024
A municipality may request a preliminary determination of
				  project eligibility prior to submitting a complete application to the
				  department.
(1) A request for a
				preliminary project evaluation shall include a project description as required
				under s.
				NR
				125.07(2), an itemized estimate of
				project costs, a proposed schedule for completion and other information
				requested by the department as needed to determine project
				eligibility.
(2) The department
				shall notify the municipality of the preliminary determination of
				eligibility.
(3) The department may
				not assign a priority rating under ss.
				NR 125.09
				and until after 125.10 the complete grant application is received by the
				department.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 125 - State grants for water pollution control facilities › Section NR 125.07 - Grant applications

Current through June 24, 2024
To be considered for a grant award, a municipality shall
				  submit an application to the department. A municipality may submit an
				  application only after the project is completed and paid for by the
				  municipality. An application shall be completed on forms provided by the
				  department and shall include the following, as applicable:
(1) AUTHORIZING RESOLUTION. A certified copy
				of a resolution of the municipality's governing body authorizing the filing of
				the grant application by municipality's authorized representative. The
				authorized representative shall be an official or employee of the
				municipality.
(2) PROJECT
				DESCRIPTION. A description of the construction or list of the equipment for
				which grant funding is requested. The description shall include an explanation
				of why the project was needed.
(3)
				STATE PLAN AND SPECIFICATIONS APPROVAL. A copy of the department letter
				approving plans and specifications for the project if plan approval is required
				under s.
				281.41,
				Stats.
(4) STATE FACILITIES PLAN
				APPROVAL. For compliance maintenance planning projects, a copy of the
				department letter approving the facilities plan as required under ss.
				NR
				110.08 and
				110.09 and s.
				281.41,
				Stats.
(5) BIDDING DOCUMENTS. For
				projects which require competitive bidding under ch. 59, 60, 61, 62 or 66,
				Stats.:
(a) A copy of the bid
				advertisement.
(b) A copy of the
				bid tabulation.
(c) A copy of the
				successful bid proposal.
(d) A copy
				of the resolution or meeting minutes of the municipality's governing body
				awarding the contract to the lowest responsible bidder or, if the contract was
				not awarded to the lowest responsible bidder, justification for
				disqualification of the lowest bid.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 125 - State grants for water pollution control facilities › Section NR 125.08 - Departmental processing of applications

Current through June 24, 2024
(1) PROJECT NUMBER
				ASSIGNMENT. Upon receipt of an application, the department will assign a
				project number in chronological order of receipt. The project number will be
				used on all documents and correspondence relating to the project.
(2) INITIAL REVIEW. The department will
				review the application and accompanying supporting documents in sufficient
				detail to assure completeness and whether the proposed project is eligible as
				pursuant to s.
				NR
				125.03. Applications which are incomplete may be
				returned to the applicant for the appropriate information. Applicants having
				projects which are determined to be ineligible will be notified of such
				determination.
(3) OBSOLETE
				APPLICATIONS. The application and supporting materials must be current and
				correct before the project can be placed on the priority list or before the
				state grant offer can be made. Generally information that is more than one year
				old is considered out of date and must be resubmitted or recertified as being
				up to date.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 125 - State grants for water pollution control facilities › Section NR 125.09 - Priority designation

Current through June 24, 2024
(1) PRIORITY CATEGORIES. After June 30, 1988
				and before July 1, 1990 the department shall give priority for available
				funding as follows:
(a) The department shall
				give first priority to funding annual payments to municipalities required under
				s.
				281.55(8),
				Stats.
(b) The department shall
				give second priority to funding applications for compliance maintenance
				planning.
(c) The department shall
				give third priority to funding applications for small improvement
				projects.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 125 - State grants for water pollution control facilities › Section NR 125.10 - Priority list, closing date

Current through June 24, 2024
The department shall determine the amount of money needed to
				  fund complete applications received by the department prior to April 1 of each
				  year.
(1) If the amount of money
				available for grants is not sufficient to fully fund all applications, the
				department shall determine the priority rating of each application in
				accordance with s.
				NR 125.09.
				The department shall award grants for projects with the highest priority
				ratings until available funds are depleted.
(2) If the amount of money available for
				grants is sufficient, a priority list will not be compiled. The department
				shall award grants for all eligible applications received prior to April 1. The
				department may award any surplus funds which would otherwise lapse at the end
				of the state fiscal year on a first-come, first-served basis for applications
				received on or after April 1.
(3)
				Applications which are not funded in one fiscal year due to shortage of funds
				may be considered for funding in the following fiscal year.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 125 - State grants for water pollution control facilities › Section NR 125.11 - Grant awards

Current through June 24, 2024
(1) A grant awarded under this chapter shall
				be made on forms prepared by the department. The award shall be signed by the
				authorized representative of the department and shall list the conditions to
				which the award is subject.
(2) A
				grant may not be awarded for any project unless the project meets all
				department requirements and has priority for available funds under ss.
				NR 125.09
				and
				125.10.
(3) A grant award may not exceed 25% of the
				eligible cost, or $15,000, whichever is less.
(4) The authorized representative of the
				municipality shall accept the grant award by signing the award document and
				returning it to the department. The department may terminate a grant award if
				the award is not accepted within 45 days of the date of issuance by the
				department.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 125 - State grants for water pollution control facilities › Section NR 125.12 - Payment procedure

Current through June 24, 2024
Final payment will be made only after the project is fully
				  functional and final inspection and audit and evidence of satisfactory
				  operation and maintenance. The total state grant will be based on the final
				  audited eligible costs.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 126 - State Grants For Water Pollution Control Facilities › Section NR 126.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish rules for the
				  administration of state grants for sanitary sewage treatment facilities and
				  sanitary sewage collection systems under s.
				  281.56,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 126 - State Grants For Water Pollution Control Facilities › Section NR 126.02 - Definitions

Current through June 24, 2024
(1) "Department" means the department of
				natural resources.
(2)
				"Municipality" means a city, township, village, county, sanitary district,
				county utility district, metropolitan sewerage district or school district that
				is authorized by state statute to own, operate, maintain, finance and construct
				a publicly owned sewer system or sewage treatment plant.
(3) "Intercepting sewer" means a sewer
				constructed:
(a) To receive and convey the
				dry weather flow from one or more sanitary sewage system terminals in a
				previously developed area, other than from a dwelling or building, and to
				convey the flow to an existing sanitary sewer or to a treatment works,
				whichever is nearer, or
(b) To
				serve in lieu of an existing or proposed treatment works.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 126 - State Grants For Water Pollution Control Facilities › Section NR 126.03 - Eligibility for a state grant

Current through June 24, 2024
(1) ELIGIBLE
				PROJECTS. In municipalities with a population of less than 10,000, based on the
				latest official state population estimates prepared in compliance with s.
				16.96,
				Stats., state grants may be made for any of the following types of projects:
(a) The construction of new permanent sewage
				treatment works, or involving additions to or improvements of existing
				permanent sewage treatment works.
(b) Intercepting sewers.
(c) The out fall sewer from a municipal
				sewage treatment plant to the point of discharge of effluent.
(d) A municipal sanitary sewer collection
				system or sanitary sewer extensions constructed to eliminate pollution from
				private waste disposal systems in developed areas in existence prior to
				enactment of (January 17, 1970). The maximum spacing between connections to the
				gravity sewer shall be no greater than 300 feet and the average spacing of
				connections shall be no greater than 200 feet. An exception will be allowed to
				provide an exclusive sewer connection to a publicly owned facility used at
				least 8 months a year serving at least 50 persons daily per 1,000 feet of pipe.
				The cost of sewers is limited to the construction of such facilities for
				servicing the eligible project's initial flow, population and area.
(e) A sewage treatment plant project for an
				existing school district or for a sewer to connect the school to a proposed or
				existing sanitary sewer system.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 126 - State Grants For Water Pollution Control Facilities › Section NR 126.04 - Allowable costs

Current through June 24, 2024
(1) PRELIMINARY PLANNING. Costs of studies,
				investigations, surveys, planning and other steps necessary to determine the
				economic and engineering feasibility of a proposed project.
(2) ENGINEERING, ARCHITECTURAL, INSPECTION
				AND OTHER FEES FOR TECHNICAL SERVICES. Costs of services include preparation of
				preliminary and final engineering reports, design of facilities, preparation of
				plans and specifications, inspection and supervision of construction and any
				other services necessary for the construction of the project. Where technical
				services are provided by regularly employed persons of a municipality, actual
				recorded applicable costs are allowable, provided they do not exceed costs
				determined by the department to be reasonable if the work were performed
				privately on a fee basis.
(3) LEGAL
				COSTS. Fees and expenses shall be based on actual records for legal services
				rendered in connection with the project. Reasonable costs incurred in the
				development of the information necessary for the bond issue, including
				preparation of the prospectus, bond advertising, printing of bonds and other
				similar costs are eligible. When bond counsel and attorney fees cover all the
				steps from the drafting of the bond resolution through the final sale of the
				bonds, no additional financing costs are allowable.
(4) CONSTRUCTION COSTS. Construction costs
				incurred under competitively bid contracts or actual cost of purchased
				equipment, materials and labor incurred under force account procedures
				consistent with the provisions of s.
				62.15,
				Stats.