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 162.23 - Cost eligibility

Current through June 24, 2024
(1) ELIGIBLE COSTS.
(a)
Eligible at a subsidized rate.
Allocable
											  project-specific costs that are necessary and reasonable are eligible for financial assistance. Eligible
											  costs include expenses incurred by the municipality for any of the following items and activities when
											  specific to the scope of a scored project, or when approved by the department as necessary or reasonable for
											  the efficient operation or integrity of the storm water treatment works or BMP:
1. `Abandonment.' Abandonment of storm water treatment works or BMPs if
											  approved in the plans and specifications of a scored project or by department staff, including activities
											  such as demolition, re-landscaping, and removal and disposal of municipal waste or other debris.
2. `Access roads.' Construction of roadways necessary to provide
											  appropriate access to urban runoff facilities or BMPs.
3.
											  `Acquisition of facilities.' Costs associated with acquiring facilities of an existing storm water treatment
											  works or BMP if the municipality will own, operate, and maintain the facilities throughout the term of the
											  financial assistance agreement.
4. `Administrative costs of a
											  commission.' Administrative, legal, and other costs incurred by a commission solely for the scored project if
											  identifiable in a contract or agreement between the member municipalities.
5. `Compliance with state and federal requirements.' Costs incurred for
											  activities associated with complying with state and federal requirements related to the scored project.
Note:
State and federal requirements may include any of
													 the following: Americans with Disabilities Act design and construction; green project reserve documentation;
													 Davis-Bacon and related acts administration or other activities associated with wage rate requirements; DBE
													 solicitation and documentation; activities associated with the use of American-made products; environmental
													 review of project sites and other activities related to ch. NR 150 compliance, including costs of public
													 notices and hearings; historical, architectural, archaeological, and cultural resources work identified
													 during planning, design, or construction of the project and incurred prior to project closeout; signage
													 requirements, including on a website or at a project site; or audit activities related to the federal single
													 audit act portion of the municipality's annual audit report until the project is complete.
6. `Construction activities.' Activities defined in s.
											  NR 162.003 (16)
											  and included in construction contracts or performed as force account work, including any of the following:
a. Replacing, repairing, or rehabilitating a storm water treatment works or
											  BMP if identified in the plans and specifications as cost-effective and necessary.
b. Restoring streets and rights-of-way and repairing damage to items such
											  as pavement, sidewalks, and watermains necessary as a result of construction of the scored project.
c. Punch list item activities.
d. Acquiring, consuming, or expending materials.
e. Obtaining products that comply with federal requirements to use
											  American-made products in CWFP projects.
f. Other capital costs
											  incurred solely for purposes of the scored project.
7.
											  `Demolition.' Demolishing existing structures if the demolition is part of a scored project and any of the
											  following apply:
a. The existing structure is part of the storm water
											  treatment works.
b. The existing structure is part of a BMP
											  project.
c. The demolition is necessary for site
											  preparation.
d. The demolition is included in abandonment
											  procedures as approved in the plans and specifications of the scored project or otherwise approved by
											  department staff.
e. The demolition entails removal of equipment
											  or materials, or both, from inside an existing building or other structure that is part of the treatment
											  works being modified or repurposed as part of the scored project.
8. `Discharge monitoring.' The cost of equipment owned or to be owned by
											  the municipality for illicit discharge monitoring of a storm water treatment works or BMP.
9. `Easements and rights-of-way.' Acquisition of easements and
											  rights-of-way, including purchase cost, and administrative and legal expenses.
10. `Equipment.' Equipment, the costs of which the department may prorate
											  if the municipality intends to use these items for multiple purposes rather than solely for the storm water
											  treatment works or BMP. Eligible equipment includes any of the following:
a.
											  Mobile equipment, such as portable stand-by generators, portable emergency pumps, and grounds and maintenance
											  equipment for mowing and snow removal, for the storm water treatment works or BMP.
b. Spare parts, if included in the plans and specifications or otherwise
											  approved by the department.
c. Machinery for manufacturing or
											  repairing necessary tools or equipment for the storm water treatment works or BMP.
d. Computers, tablets, and related equipment, including purchasing,
											  installing, programming, or upgrading computers, printers, control systems, and other computer-related
											  equipment necessary for operating and maintaining the storm water treatment works or BMP. Equipment and
											  systems for accounting, billing, public notification, testing, monitoring, reporting, emergency alerts,
											  communications, geographic information, and supervisory control and data acquisition are included under this
											  subd. 10. d.
11. `Fees.' Fees paid by the municipality
											  for any of the following:
a. Permits obtained for construction, including
											  building, electrical, and plumbing permits, construction site storm water permits, and railroad crossing
											  permits.
b. Legal fees of an attorney that is not an on-staff
											  municipal attorney, including costs of legal reviews of architectural, engineering, or construction
											  contracts, user charge systems and sewer use ordinances, management plans, intermunicipal agreements, and
											  legal work necessary for securing eligible permits.
c. Service
											  fees paid to a state or federal agency, except administrative fees paid annually along with principal and
											  interest payments on a CWFP loan.
12. `Groundwater
											  monitoring.' Installing groundwater monitoring equipment or facilities.
13. `Insurance.' Purchasing insurance necessary during construction of the
											  scored project, including property, liability, builder's risk, and construction insurance.
14. `Interim debt.' Costs associated with interim debt for the scored
											  project as delineated in s.
											  NR 162.04
											  (3).
15. `Land Acquisition.'
											  Acquiring land, including purchase cost and administrative and legal expenses if any of the following
											  applies:
a. The land is property on which the storm water treatment works or
											  BMP will be located, including urban corridors needed to support integrated systems of a storm water
											  treatment works or BMP for urban runoff.
b. The land is the
											  property on which individual systems are or will be located if the systems are publicly-owned and
											  maintained.
16. `Management plans.' Developing a
											  detailed management plan for a scored project.
17. `Municipal
											  staff, equipment, and materials.' Municipal expenses incurred solely for the scored project and documented by
											  the municipality as force account work, including any of the following:
a.
											  Salary and benefits of municipal employees, except elected officials or on-staff attorneys, for time spent
											  working directly on the scored project.
b. Expendable material
											  costs incurred by the municipality.
c. Estimated costs incurred
											  using equipment owned by the municipality.
18.
											  `Pretreatment or toxicity reduction.' Developing a municipal pretreatment or toxicity reduction program and
											  constructing facilities to be used by the storm water treatment works or BMP in the program, including
											  monitoring equipment.
19. `Professional services.' Engineering,
											  architectural, legal, and other professional services and fees, including any of the following:
a. Conducting value engineering studies or analyses during the design
											  phase.
b. Conducting system evaluations and studies.
c. Developing facilities plans and engineering reports.
d. Preparing and submitting plans and specifications.
e. Preparing, printing, and distributing bidding documents.
f. Gathering documents and information for, and completing, the CWFP
											  financial assistance application, and other forms required for financial assistance.
g. Developing or revising an operations and maintenance manual.
h. Advertising for and conducting bid lettings.
i. Analyzing bids, preparing award recommendations, and preparing
											  contracts.
j. Providing construction management, observation, and
											  inspection.
k. Preparing for and facilitating public education
											  and participation opportunities.
L. Travel, indirect costs, and
											  labor included in contracts for services related to the scored project.
m. Preparing a user charge system or an ordinance related to storm water
											  management.
n. Preparing environmental assessment reports and
											  evaluations.
o. Conducting archaeological surveys and gathering
											  historical site information.
p. Providing municipal advisor or
											  bond counsel services related to loan closing or the issuance of bonds.
q. Producing record drawings.
r. Updating or upgrading storm water treatment works maps of the areas
											  impacted by the scored project.
s. Monitoring use of
											  American-made products.
t. Providing administration of activities
											  related to Davis-Bacon and related acts or other wage requirements.
u. Conducting research or energy audits for incorporation of energy and
											  water efficiency and conservation into the planning and design of a project.
20. `Project site.' Construction-related work activities at the project
											  site of a scored project, including any of the following:
a. Landscaping
											  areas impacted by construction of the scored project.
b.
											  Relocating sanitary sewers or watermains if necessary for construction and replacing mains with the same size
											  or required minimum size pipe if breakage from construction occurs.
c. Erecting project and storm water treatment works or BMP identification
											  signs.
d. Preparing a site for construction, including surveying,
											  staking, and grading.
e. Restoring the construction site to
											  original condition or upgrading the site to meet state and local requirements.
f. Removing, relocating, or replacing utilities, providing temporary
											  utilities, installing new utility equipment, or upgrading utilities, if the recipient is legally obligated to
											  pay these costs.
21. `Safety.' Purchasing and
											  installing safety equipment to be used in the operation and maintenance of the storm water treatment works or
											  BMP.
22. `Storm sewers that lead to treatment.' Evaluation, new
											  installation, replacement, and lining and other rehabilitation of storm water conveyance that leads to
											  treatment.
23. `Security.' Purchasing and installing security
											  equipment for the treatment works or BMP, including surveillance cameras, fencing, security alarms, and
											  motion detectors, and conducting a vulnerability assessment if necessary for determining security
											  needs.
24. `Special assessment fees.' Financial and legal costs
											  associated with the process of preparing and implementing special assessments when the municipality is
											  pledging special assessments as part of repayment of its CWFP loan.
25. `Startup.' Startup expenses for a storm water treatment works or BMP
											  incurred solely because of the scored project, including costs for any of the following:
a. Preparing a startup curriculum and training materials.
b. Initial training of operating personnel related to the scored
											  project.
c. Implementing a maintenance management
											  system.
d. Purchasing the first fuel fill-up for new equipment,
											  such as generators.
26. `Storm sewers and other
											  conveyance.' Storm water conveyance that carries storm water runoff to an eligible treatment device or
											  facility.
27. `Street restoration.' Restoring streets and
											  rights-of-way, and repairing damage to items such as pavement, sidewalks, and sanitary sewers necessary as a
											  result of construction of the scored project. Eligibility of costs may be prorated based on participation by
											  one or more other funding sources, or on the percent of the project attributable to CWFP-eligible or
											  project-specific activities.
Note:
Other funding sources that tend to participate in
													 the types of projects that involve street restoration include the department of transportation, the community
													 development block grant program, and the U.S. department of agriculture rural development community programs.
													 Proration of costs can be due to the other funding source covering a portion of costs that would otherwise be
													 eligible for CWFP funding or because some of the project costs are not eligible.
28. `Watermains.' Relocating watermains if necessary for construction, and
											  replacing watermains of the same size or required minimum size if breakage due to construction of a scored
											  project occurs.