reglab/statecodes huggingface dataset:
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 162.05 - Application process

Current through June 24, 2024
(1) NOTICE OF INTENT TO APPLY SUBMITTAL. If
				  required by the department, a municipality shall submit notice of its intent to
				  apply for financial assistance via the department's online application systems
				  by any applicable deadline set in the CWFP annual intended use plan under s.
				  NR 162.02
				  (1). The municipality or its designated
				  representatives shall complete the requirements established by the department
				  for gaining access to and submitting information through the department's
				  online application systems. The department may require the municipality to
				  submit through the online systems any of the following:
Note:
Instructions regarding the online
					 application systems are available on the Environmental Improvement Fund website
					 at dnr.wi.gov/Aid/EIF.html.
(a) A
				  clear, concise, and comprehensive project description that includes the problem
				  or concern being addressed, the general solution proposed through a single
				  project, and detailed information regarding what structures are to be
				  constructed, what equipment is to be purchased and installed, and project
				  location, including detailed information for purposes of eligibility
				  determinations regarding storm sewer or watermain construction being done at
				  the same time as sanitary sewer construction on the same block of a street or
				  in the same intersection.
(b)
				  Contact information.
(c) An
				  estimate of the total project cost and what amount of the cost is likely to be
				  requested from the CWFP.
(d)
				  Estimated or actual dates related to the bidding and construction timeline of
				  the project.
(dm) Date and number
				  of the department approval of plans and specifications for each set of plans
				  and specifications associated with the project, if available at time of intent
				  to apply or priority evaluation and ranking information submittal.
(e) Any other information required to
				  complete the submission in the department's online application
				  systems.
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 162.055 - Land ownership and easements documentation

Current through June 24, 2024
(1) For projects for
				  which an applicant requests financial assistance through the application
				  process under s.
				  NR
				  162.05 or
				  162.24,
				  the applicant shall sign and submit a certification regarding ownership of the
				  land or required easements and permits for access to the land, or both, on
				  which the project takes place.
(2)
				  The department may require the applicant in addition to or in lieu of a
				  certification under sub. (1) to submit a legal opinion when it is necessary, as
				  determined by the department, to establish land ownership or easement rights,
				  or both, of the project site.
Examples of when the department may require a legal
						opinion in addition to or in lieu of a certification include projects for which
						new land is being purchased by the applicant or the applicant is extending its
						facilities onto land on which no municipally owned infrastructure was
						previously located.
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 162.08 - Procurement

Current through June 24, 2024
(1) APPLICABILITY. Procurement of
				  professional services and construction contracts by financial assistance
				  recipients under this chapter shall be in accordance with local, state, and
				  federal laws applicable to the CWFP project. No contract may be awarded to any
				  person or organization that does not operate in conformance with state and
				  federal civil rights and equal opportunity laws.
(2) FINANCIAL ASSISTANCE RECIPIENT
				  RESPONSIBILITY. The recipient is responsible for the administration and
				  successful completion of the project as well as acceptance of the terms of the
				  financial assistance agreement received under this subchapter or subch. III or
				  the interest rate subsidy agreement received under subch. IV.
Note:
See ss.
					 60.47,
					 60.77 (6) (a),
					 61.54,
					 62.15,
					 66.0131, and
					 66.0901, Stats.
(3) PROFITS. Contractors may earn only fair
				  and reasonable profits under contracts for projects receiving CWFP assistance.
				  Profit included in a formally advertised, competitively bid, fixed price or
				  unit price construction contract is presumed to be reasonable.
(4) SOLICITATION OF DISADVANTAGED BUSINESS
				  ENTERPRISES.
(a) Whenever a recipient or its
				  prime contractor is procuring construction, equipment, raw materials, or
				  supplies for a project funded wholly or in part with CWFP financial assistance,
				  the recipient or contactor shall make a good faith effort to provide DBEs
				  opportunities to compete for participation in the project. Recipients and their
				  prime contractors shall comply with DBE regulations contained in 40 CFR part 33
				  , as modified by memoranda and exceptions, in the manner required by the
				  department. Failure to comply with DBE regulations and requirements may result
				  in a sanction as provided under par. (b). Recipient and contractor efforts
				  under this subsection may include any of the following activities:
1. Using outreach and recruitment activities
				  to make DBEs aware of contracting opportunities, including any of the following
				  activities:
a. Including a sentence in bid
				  advertisements that encourages DBEs to submit bids or proposals and submitting
				  a copy of the advertisement to the department with evidence of
				  publishing.
b. Contacting DBEs via
				  telephone, faxed or mailed letter, e-mail, or other methods of correspondence,
				  informing the DBEs of the project and encouraging their participation, and
				  submitting documentation of those contacts to the department.
c. Advertising the project in trade
				  publications, and submitting a copy of the advertisement and evidence of
				  publishing to the department.
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 162.09 - Reimbursement and refinancing

Current through June 24, 2024
(1) REIMBURSEMENT OF
											  PREVIOUSLY PAID DEBT. The department may reimburse eligible project costs previously paid by the municipality
											  from its internal funds, if the reimbursement is in compliance with applicable U.S. treasury reimbursement
											  regulations in 26 CFR
											  1.150-2, the project does not reach substantial completion more than 3
											  years prior to the date the applicant submits a complete application for financial assistance under s.
											  NR 162.05 (4), and
											  the applicant does not already have outstanding long-term affordable debt for its project that reached
											  substantial completion more than 3 years prior to the date on which a complete application was submitted to
											  the department.
(2) REFINANCING OF INTERIM DEBT. The department
											  may refinance the eligible portion of a municipality's interim debt subject to the limits established in s.
											  NR 162.04
											  (3).
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 162.10 - Loan interest rate

Current through June 24, 2024
The department shall calculate interest rates in
					 accordance with s. 281.58 (12),
					 Stats., and all of the following:
(1)
				  INTEREST RATES.
(a) For costs of projects or
				  portions of projects described in ss.
				  NR 162.03 (1) (a),
				  (b), and (d),
				  162.03 (2) and
				  (3),
				  162.04 (1)
				  (b),
				  162.22,
				  and
				  162.23 (1) (a) and
				  (b), the interest rate shall be the interest
				  rate specified in s. 281.58 (12)
				  (a), Stats.
(b) For project costs sanctioned under s.
				  NR 162.08 (4)
				  (b) for noncompliance with requirements for
				  solicitation of DBEs, the interest rate shall be the market interest
				  rate.
(c) For project costs under
				  s.
				  NR 162.03 (1)
				  (c), the department shall determine the
				  appropriate interest rate in accordance with s.
				  281.58 (8) (h) and (12) (a)
				  4, Stats.
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 162.12 - Financial management

Current through June 24, 2024
The recipient shall do all of the following:
(1) Maintain project accounts in accordance
				  with generally accepted accounting principles, governmental accounting
				  standards board requirements, or other methods of accounting accepted by the
				  department or required by the federal government.
(2) Maintain a financial management system
				  that meets the requirements, terms, and conditions of the financial assistance
				  agreement and ch. Adm 35.
(3)
				  Comply with any U.S. treasury requirements for maintaining the tax-exempt
				  status of the bonds sold to the CWFP.
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 162.13 - Financial assistance disbursements

Current through June 24, 2024
(1) REQUESTS FOR
				  DISBURSEMENT. The recipient shall submit to the department requests for
				  disbursement for eligible costs in the format specified by the
				  department.
(2) ADJUSTMENT. Before
				  the final disbursement under the financial assistance agreement, the department
				  may recommend to DOA that any request for disbursement be reviewed or
				  audited.
(3) WITHHOLDING OF FUNDS.
				  The department may withhold funds on the basis of any of the following:
(a) The department may direct DOA to withhold
				  financial assistance disbursements if the department determines that a
				  recipient has failed to comply with project objectives or the terms,
				  conditions, or reporting requirements of the financial assistance
				  agreement.
(b) The department may
				  withhold 5 percent of the principal amount of a loan until all of the project
				  closeout requirements under sub. (4) (b) are completed.
(c) The department may withhold payment of
				  costs that fall outside of the beginning or end dates of a contract or that are
				  in excess of the estimated not-to-exceed amount in the contract until the
				  recipient amends the contract.
(d)
				  The department may withhold payment of costs of a contract until the recipient
				  submits the required documentation for the costs, including a copy of the
				  department construction management engineer's approval letter for any change
				  order for which payment is requested and any amendments to engineering or other
				  professional services contracts for which disbursement of financial assistance
				  for costs of the contract will be requested.
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 162.14 - Amendments to a financial assistance agreement

Current through June 24, 2024
(1) ADDITIONAL
				  FUNDING.
(a)
General.
1. 'Additional assistance at end of project.'
				  The department may issue an amendment to a financial assistance agreement to
				  provide additional financial assistance for eligible project costs incurred
				  beyond the amount specified in the original financial assistance agreement. The
				  department may process a request to provide additional financial assistance for
				  a project only after the total remaining costs to complete the project can be
				  reasonably determined.
2.
				  'Consistent with scope.' To be eligible for additional financial assistance,
				  any changes in the project necessitating the amendment must be consistent with
				  the objectives and scope of the project as described in the original financial
				  assistance agreement.
3. 'Plans and
				  specifications approval.' If there are changes in the project that require
				  department approval of plans and specifications, the municipality shall obtain
				  department approval prior to the amendment loan closing. Changes that
				  necessitate an amendment must be due to unforeseen circumstances or approvable
				  change orders to a project construction contract.
4. 'New financial assistance agreement.' An
				  amendment shall be in the form of a new financial assistance agreement tied to
				  the original project through the budget and project description. The department
				  and the DOA shall determine the appropriate interest rate for the amendment
				  based on the market interest rate in effect on the date of the municipality's
				  meeting at which they pass the related bond resolution.
5. 'Debt coverage requirements.' The
				  municipality must meet debt coverage requirements for the additional financial
				  assistance.
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 162.15 - Disputes

Current through June 24, 2024
(1) DECISION OF THE DEPARTMENT. Except as
				  otherwise provided by law, any dispute arising under subch. II, III, IV, or V
				  prior to the execution of a financial assistance agreement or interest rate
				  subsidy agreement shall be decided in writing by the department. The department
				  shall serve a copy of the decision on the applicant personally or by
				  mail.
(2) REVIEW OF THE DECISION. A
				  final decision of the department may be reviewed under subch. III of ch. 227,
				  Stats., and ch. NR 2.
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 162.16 - Records and record retention

Current through June 24, 2024
(1) REQUIREMENTS.
				  The recipient shall maintain CWFP project-related books, documents, papers,
				  records, and accounting procedures in accordance with generally accepted
				  accounting principles, governmental accounting standards board requirements, or
				  another method of accounting accepted by the department or required by the
				  federal government and authorized under the financial assistance agreement and
				  ch. Adm 35, and retain them in accordance with subch. II of ch. 19, Stats. The
				  recipient shall require contractors, including contractors for professional
				  services, to maintain CWFP project-related books, documents, papers, and
				  records that are necessary for the recipient's compliance with this
				  section.
(2) INSPECTION. The
				  department or its agents may, during normal business hours, inspect and copy
				  the recipient's CWFP project-related records and the project-related records of
				  its contractors.
(3) RECORDS
				  RETENTION.
(a) The recipient and its
				  contractors shall retain and make all files, books, documents, and records
				  relating to the construction of the scored project available to the department
				  for a minimum of either 3 years from the date the department notifies the
				  recipient that the project closeout is complete or 3 years from final
				  completion of construction, whichever is later.
(b) If a financial assistance agreement is
				  partially or completely terminated, the records relating to the work terminated
				  shall be kept and made available for a period of 3 years from the date of any
				  resulting final termination settlement.
(c) Records that relate to appeals, disputes,
				  or litigation arising out of the performance of the project shall be retained
				  until any appeals, disputes, or litigation have been finally resolved or for a
				  period of 3 years from the date the department notifies the recipient under s.
				  NR 162.13 (4) (b)
				  8. that the project closeout is complete,
				  whichever is later.
(d) All other
				  files and records relating to the scored project shall be retained so long as
				  the financial assistance agreement for the project remains in effect. As-built
				  plans for the project shall be retained for at least the useful life of the
				  project.
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 162.17 - Breach of contract

Current through June 24, 2024
(1) Upon breach of contract by the recipient,
				  the department may do any of the following:
(a) Declare the unpaid loan balance due and
				  immediately payable.
(b) Increase
				  the interest rate on the unpaid balance of the loan to the market interest rate
				  in effect on the date the financial assistance agreement was
				  executed.
(c) Rescind any grant and
				  convert the grant amount to a loan.
(d) Immediately terminate the financial
				  assistance agreement and disburse no additional funds if the financial
				  assistance has not been fully disbursed.
(e) Seek an injunction or any other equitable
				  or judicial relief from a court of appropriate jurisdiction.
(f) Seek any other appropriate administrative
				  remedy.
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 162.18 - Noncompliance

Current through June 24, 2024
Upon failure of the recipient to comply with s.
					 281.58 or
					 281.59, Stats., or with
					 provisions of this chapter, the department may do any of the following:
(1) Refuse to enter into a financial
				  assistance agreement.
(2) Seek
				  penalties as provided in s.
				  281.59 or
				  281.98, Stats.
(3) Seek any other appropriate remedy,
				  relief, or penalty.
DOA may under s.
						281.59(11)
						(b), Stats., seek recovery of some or all
						financial assistance payments by deducting those amounts from any state
						payments due to a municipality, or by adding a special charge to the amount of
						taxes apportioned to and levied upon the county under s.
						70.60,
						Stats.
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 162.19 - Variances

Current through June 24, 2024
(1) GENERAL. The department may, on its own
				  initiative or pursuant to a written request from an applicant, approve a
				  variance from a requirement of this chapter when it determines that special
				  circumstances make a variance in the best interest of the state. Any variance
				  approved shall be consistent with the objectives of ss.
				  281.58 and
				  281.59, Stats.
(2) APPLICABILITY. The department may only
				  approve a variance from a non-statutory requirement of this chapter.
(3) REQUEST FOR VARIANCE. An applicant shall
				  submit a request for a variance in writing to the department as soon as it is
				  determined a variance is needed. Each request for a variance shall contain all
				  of the following:
(a) The name of the
				  applicant and CWFP project number.
(b) The section of this chapter from which
				  the applicant seeks a variance and a statement explaining why the variance is
				  necessary.
(c) An adequate
				  description of the variance desired, and the facts that the recipient believes
				  warrant the department's approving the variance.
(d) A statement as to whether the recipient
				  has previously requested the same or a similar variance, and if so, the
				  circumstances of the previous request.
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 162.20 - Administrative fees

Current through June 24, 2024
An administrative fee, if one is imposed, shall be
					 included in the biennial finance plan established under s.
					 281.59 (3),
					 Stats., which is approved by the building commission under s.
					 13.48, Stats.
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 162.21 - Applicability

Current through June 24, 2024
This subchapter applies to applicants for and recipients
					 of financial assistance for urban nonpoint source water pollution abatement or
					 storm water runoff BMPs. Compliance with the applicable requirements of this
					 subchapter is a prerequisite to receiving a financial assistance agreement
					 under the CWFP for urban runoff and storm water BMP projects. In addition to
					 the sections of this subchapter, all of the following sections in subchs. I,
					 II, and V apply to projects receiving a financial assistance agreement from the
					 CWFP for urban runoff and storm water BMP projects: ss.
					 NR
					 162.001,
					 162.003,
					 162.01,
					 162.02,
					 162.055,
					 162.49
					 (3), and
					 162.50
					 to
					 162.52.
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 162.22 - Project eligibility

Current through June 24, 2024
(1) A municipality may receive financial
				  assistance under this subchapter for a publicly owned project necessary to
				  control storm water runoff pollution in order to achieve water quality
				  standards, including publicly-owned storm water management projects on public
				  or private land that are required by any of the following:
(a) A WPDES storm water permit issued under
				  subch. I of ch. NR 216.
(b) A
				  performance standard delineated under ch. NR 151.
(c) A storm water management plan or other
				  applicable plan approved by the department for purposes of managing
				  runoff.
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 162.26 - Requirements for a user charge system

Current through June 24, 2024
(1) GENERAL. Any
				  user charge system and applicable ordinances adopted by a recipient under s.
				  NR 216.07 (3)
				  (a) shall be maintained for the useful life
				  of a storm water treatment works or BMP. The applicant shall submit user charge
				  information, if applicable as described in sub. (2), to the department and
				  shall certify to the department that the user charge system meets all of the
				  applicable requirements in this section.
(2) APPLICABILITY.
(a) A user charge system is required under
				  this chapter for any storm water project for which the applicant is securing
				  the loan with a pledge of utility revenues.
(b) A user charge system is required of the
				  applicant for any storm water project that requires an intermunicipal agreement
				  under s.
				  NR 162.24 (3)
				  (h).
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 162.31 - Financial management

Current through June 24, 2024
The requirements for financial management established in
					 s.
					 NR
					 162.12 are applicable to storm water treatment works
					 and BMP projects.
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 162.32 - Financial assistance disbursements

Current through June 24, 2024
Section
					 NR
					 162.13 regarding requests for disbursement of
					 financial assistance is applicable to storm water treatment works and BMP
					 projects.
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 162.33 - Amendments to a financial assistance agreement

Current through June 24, 2024
Section
					 NR
					 162.14 regarding amending financial assistance
					 agreements is applicable to storm water treatment works and BMP
					 projects.
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 162.36 - Breach of contract, noncompliance, variances, and administrative fees

Current through June 24, 2024
Sections
					 NR
					 162.17,
					 162.18,
					 162.19,
					 and
					 162.20
					 are applicable to storm water treatment works and BMP
					 projects.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 162 - Clean Water Fund Program › Subchapter IV - Interest Rate Subsidies for Small Loans › Section NR 162.37 - Applicability

Current through June 24, 2024
This subchapter applies to any applicant for and recipient
					 of interest rate subsidy provided under ss.
					 281.58 and
					 281.59, Stats., for reducing
					 interest costs on a loan made to the recipient by the BCPL for engineering and
					 construction of treatment works and BMPs with total estimated project costs,
					 after awarding all contracts, of $2,000,000 or less. Compliance with the
					 applicable requirements of this subchapter is a prerequisite to receiving
					 interest rate subsidy under ss.
					 281.58 and
					 281.59, Stats. The following
					 sections in subchs. I, II, III, and V apply to projects receiving interest rate
					 subsidy under this subchapter: ss.
					 NR
					 162.001 to
					 162.003,
					 162.01,
					 162.02,
					 162.04 (1) (a) and
					 (2),
					 162.08 (1) to (3) and
					 (5) to (7),
					 162.10 (1) (a) and
					 (2),
					 162.15,
					 162.19,
					 162.20,
					 and
					 162.49
					 to
					 162.52.
					 The department will continue to accept applications for funding under this
					 subchapter unless availability of funds for interest rate subsidies becomes a
					 limiting factor for the department's ability to continue this portion of the
					 CWFP.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 162 - Clean Water Fund Program › Subchapter IV - Interest Rate Subsidies for Small Loans › Section NR 162.38 - Project eligibility

Current through June 24, 2024
(1) ELIGIBLE PROJECTS. An eligible applicant
				  may receive financial assistance under this subchapter for a publicly owned
				  project with total estimated project costs of $2,000,000 or less that meets any
				  of the following criteria if the project did not reach substantial completion
				  more than 3 years prior to the date on which the applicant submits a complete
				  application for financial assistance under s.
				  NR 162.40
				  (5):
(a)
Traditional wastewater treatment plant and collection system
				  projects.
A municipality may receive financial assistance under this
				  subchapter for a publicly-owned wastewater treatment works scored project that
				  meets any of the following criteria:
1. The
				  project is necessary to prevent a municipality from significantly exceeding a
				  wastewater effluent limitation contained in a permit issued under ch. 283,
				  Stats. All of the following types of projects are included under this
				  paragraph:
a. Projects for which construction
				  will completely take place inside the fence or on site of a wastewater
				  treatment plant, such as projects to build or modify headworks, clarifiers,
				  aeration basins, stabilization ponds, sludge processing equipment, sludge
				  storage facilities, or on-site administrative buildings, and projects to build
				  or modify facilities for the receiving, storage, or treatment of septage, as
				  defined in s.
				  NR 162.003
				  (68). The department may determine that a
				  lift station pumping all of the wastewater flow directly to the wastewater
				  treatment plant with no other influent pump at the plant site is part of a
				  project that takes place inside the fence. The department may also determine
				  that other facilities, such as a septage receiving station that conveys the
				  septage directly into the wastewater treatment plant, are considered part of
				  the work inside the fence.
b.
				  Projects for which construction takes place outside of the fence of the
				  wastewater treatment plant that are necessary to maintain the integrity and
				  performance of wastewater treatment works facilities serving the municipality,
				  including sanitary sewer replacement or rehabilitation, sanitary sewer lining,
				  publicly-owned lateral lining, lift station or headworks upgrades, and
				  construction of new interceptors, lift stations, pretreatment facilities,
				  septage receiving stations, and other treatment works facilities outside of the
				  fence of the wastewater treatment plant.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 162 - Clean Water Fund Program › Subchapter IV - Interest Rate Subsidies for Small Loans › Section NR 162.39 - Cost eligibility

Current through June 24, 2024
(1) ELIGIBLE COSTS. Project costs described
				  in ss.
				  NR 162.04 (1)
				  (a) and
				  162.23 (1)
				  (a) are eligible for interest rate
				  subsidy.
(2) INELIGIBLE COSTS.
				  Project costs described in ss.
				  NR 162.04 (1) (b) and
				  (2) and
				  162.23 (1) (b) and
				  (2) are not eligible for interest rate
				  subsidy.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 162 - Clean Water Fund Program › Subchapter IV - Interest Rate Subsidies for Small Loans › Section NR 162.40 - Application process

Current through June 24, 2024
(1) NOTICE OF INTENT TO APPLY SUBMITTAL. A
				  municipality that intends to apply for interest rate subsidy shall submit to
				  the department a notice of its intent to apply in accordance with s.
				  NR 162.05
				  (1).
Note:
Instructions regarding the online
					 application systems are available on the Environmental Improvement Fund website
					 at dnr.wi.gov/Aid/EIF.html.
(2) NOTICE OF INTENT TO APPLY DEADLINE. The
				  department may set a notice of intent to apply submittal deadline by publishing
				  the deadline date in the annual intended use plan.
(3) FACILITIES PLAN. A municipality
				  requesting interest rate subsidy for a wastewater or storm water project shall
				  submit a facilities plan or other applicable plan to the department for
				  approval. The municipality shall receive approval of the facilities plan or
				  other applicable plan prior to submitting an application for financial
				  assistance.
(4) APPLICATION
				  PROCEDURES. A municipality shall apply for interest rate subsidy in accordance
				  with s. 281.58 (9) (a) to
				  (c), Stats., in the form required by the
				  department.
Note:
An application form is available on the
					 Environmental Improvement Fund website at dnr.wi.gov/Aid/EIF.html and from the
					 Bureau of Community Financial Assistance, Department of Natural Resources, Box
					 7921, Madison WI 53707-7921.
(5) CONTENTS OF APPLICATION. The applicant
				  shall submit a complete interest rate subsidy application. A complete
				  application includes the following items:
(a)
				  Evidence of an approved facility plan or other department-approved
				  plan.
(b) Construction plans and
				  specifications submitted to the department in accordance with chs.
				  NR
				  108 and
				  110 or ch. NR 151 that are approvable
				  under ch. 281, Stats. An applicant may be denied funding if the applicant does
				  not provide appropriately complete plans and specifications to the department
				  prior to or with the application. The applicant shall submit a copy of
				  approvable plans and specifications with the application in addition to the
				  plans and specifications submitted to the department for plan review under chs.
				  NR
				  108 and
				  110 or ch. NR 151.
(c) A completed interest subsidy application
				  form, including estimated or actual construction costs and replacement fund
				  information.
(d) A proposed or an
				  executed intermunicipal agreement in accordance with s.
				  NR 162.05 (4)
				  (h) for a wastewater project or s.
				  NR 162.24 (3)
				  (h) for a storm water project when 2 or more
				  municipalities utilize shared or interconnected treatment works or a
				  BMP.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 162 - Clean Water Fund Program › Subchapter IV - Interest Rate Subsidies for Small Loans › Section NR 162.41 - Interest rate subsidy requirements

Current through June 24, 2024
Before awarding interest rate subsidy for any project, the
					 department shall determine that all of the applicable requirements of s.
					 NR
					 162.40 are met, and that all of the following are
					 satisfied:
(1) The department received
				  all of the following information pertaining to the applicant's BCPL loan:
(a) A copy of the loan application.
(b) A copy of the application review letter
				  from the attorney general's office.
(c) A signed copy of the certificate of
				  indebtedness.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 162 - Clean Water Fund Program › Subchapter IV - Interest Rate Subsidies for Small Loans › Section NR 162.42 - Procurement

Current through June 24, 2024
(1) APPLICABILITY. Procurement of
				  professional services and construction contracts by recipients under this
				  subchapter shall be in accordance with the requirements of s.
				  NR 162.08 (1) to (3)
				  and (5) to (7).
Note:
Once an interest rate subsidy agreement
					 is executed by the municipality and the CWFP, no further amendments to
					 professional services contracts or change orders for construction contracts can
					 be considered for subsidy.
(2) UTILIZATION OF MINORITY BUSINESS
				  ENTERPRISES AND WOMEN BUSINESS ENTERPRISES. Applicants are encouraged to
				  provide DBEs, including MBEs and WBEs, the maximum feasible opportunity to
				  compete for contracts and subcontracts and to utilize DBEs, including MBEs and
				  WBEs, for their projects. The Wisconsin department of transportation unified
				  certification program's list of certified DBEs is available online. Applicants
				  are encouraged to use this list when soliciting DBEs for participation in the
				  project. Recipients shall provide documentation of any MBE or WBE utilization
				  to the department.
The unified certification list is online at
https://wisconsindot.gov/Pages/doing-bus/civil-rights/dbe/certified-firms.aspx
.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 162 - Clean Water Fund Program › Subchapter IV - Interest Rate Subsidies for Small Loans › Section NR 162.43 - Determination of interest rate subsidy

Current through June 24, 2024
(1) GENERAL.
				  Interest rate subsidies shall be set in accordance with s.
				  281.58 (8) (j) and (12)
				  (a), Stats., and this section. Subsidies are
				  not available for interest payments that were due to the BCPL prior to the
				  execution of an interest rate subsidy agreement with the department.
(2) PROJECT COST CATEGORIES.
(a) The department shall classify eligible
				  costs of projects and portions of projects according to s.
				  NR 162.10 (1) (a) and
				  (c).
(b) Costs described in ss.
				  NR 162.04 (1)
				  (b),
				  162.22,
				  and
				  162.23 (1) (a) and
				  (b) are not eligible for interest rate
				  subsidy.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 162 - Clean Water Fund Program › Subchapter IV - Interest Rate Subsidies for Small Loans › Section NR 162.44 - Interest rate subsidy agreement conditions

Current through June 24, 2024
(1) COMPLY WITH
				  LAWS. The interest rate subsidy agreement shall require the recipient and the
				  treatment works or BMP to comply with all pertinent requirements of federal,
				  state, and local laws and regulations and outstanding CWFP and safe drinking
				  water loan program financial assistance agreements.
(2) RECIPIENT REQUIREMENTS. The interest rate
				  subsidy agreement shall require the recipient to do all of the following:
(a)
Access.
Provide
				  department representatives access to the project, including construction
				  activities, whenever it is in preparation or progress. The recipient shall
				  allow department representatives access to records of contractors and
				  subcontractors that are pertinent to the project for the purpose of making
				  inspections, examinations, excerpts, copies, and transcriptions. The recipient
				  shall also allow DOA access to records for audits.
(b)
Operations and
				  maintenance.
Develop and adopt a program of system-wide operations and
				  maintenance of the treatment works, including the training of
				  personnel.
(c)
Erosion and
				  sediment control.
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
http://dnr.wi.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.
(d)
Construction inspection.
Provide and maintain adequate construction inspection to ensure conformance
				  with the approved plans and specifications.
(e)
Substantial completion.
Notify the department of the substantial completion of the project.
(f)
Minority business enterprise and
				  women business enterprise utilization reporting requirements.
Document
				  all utilization of MBEs and WBEs on the project.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 162 - Clean Water Fund Program › Subchapter IV - Interest Rate Subsidies for Small Loans › Section NR 162.45 - Financial management

Current through June 24, 2024
The recipient shall do all of the following:
(1) Maintain project accounts in accordance
				  with generally accepted accounting principles or other methods of accounting
				  accepted by the department or required by the federal government.
(2) Maintain a financial management system
				  that meets the requirements, terms, and conditions of the interest rate subsidy
				  agreement.
(3) Comply with any
				  requirements of the BCPL.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 162 - Clean Water Fund Program › Subchapter IV - Interest Rate Subsidies for Small Loans › Section NR 162.46 - Interest rate subsidy disbursements and project closeout

Current through June 24, 2024
(1) GENERAL. After
				  execution of the interest rate subsidy agreement, DOA may provide interest rate
				  subsidy for the eligible portion of project costs incurred within the scope of
				  a scored project. The department shall determine compliance with the terms and
				  conditions of the interest rate subsidy agreement before interest rate subsidy
				  payments are made.
(2) APPLICATION
				  OF SUBSIDY PAYMENTS. Subsidy payments shall be applied to the interest due on
				  the BCPL loan.
(3) AMENDMENTS AND
				  CHANGE ORDERS.
(a) The eligible costs
				  established in the interest rate subsidy agreement that were used to calculate
				  the subsidy payment may not be increased by amendment or change
				  order.
(b) An executed interest
				  rate subsidy agreement may be amended only if the department or DOA determines
				  that an amendment is needed to correct an error or errors in the
				  agreement.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 162 - Clean Water Fund Program › Subchapter IV - Interest Rate Subsidies for Small Loans › Section NR 162.47 - Breach of contract and noncompliance

Current through June 24, 2024
The department may rescind an interest rate subsidy
					 agreement or seek any other appropriate administrative remedy upon breach of
					 contract by the recipient or if the recipient fails to comply with ss.
					 281.58 and
					 281.59, Stats., or with
					 provisions of this chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 162 - Clean Water Fund Program › Subchapter IV - Interest Rate Subsidies for Small Loans › Section NR 162.48 - Termination

Current through June 24, 2024
The department shall terminate the interest rate subsidy
					 agreement if the recipient terminates its loan agreement with the BCPL or
					 prepays all of the principal of the loan prior to the end of the term of the
					 financial assistance agreement. No subsidy payment may be made for a year in
					 which the loan is paid off early or the interest rate subsidy agreement is
					 terminated early.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 162 - Clean Water Fund Program › Subchapter V - Priority Scoring and Ranking System › Section NR 162.49 - Project scoring system

Current through June 24, 2024
Projects shall be scored under one of the following three
					 categories: sewage collection systems, wastewater treatment plants, or storm
					 water projects.
(1) COLLECTION SYSTEM
				  PROJECTS. The following factors, when applied to sewage collection system
				  projects in accordance with s.
				  NR
				  162.50, shall determine the priority scoring for clean
				  water fund program financial assistance pursuant to s.
				  281.58, Stats.:
(a)
Project type score.
The
				  following points shall be awarded to each sewage collection system project:
1. Fifty points for a project that the
				  department determines is necessary to prevent a municipality from significantly
				  exceeding an effluent limitation contained in a permit issued under ch. 283,
				  Stats., including eligible projects identified under s.
				  NR 162.03 (1) (a)
				  2.
2. Twenty-five points for a project that
				  installs sewers in a previously unsewered area, including eligible projects
				  identified under s.
				  NR 162.03 (1) (d)
				  2.
3. Five points for a project to improve a
				  sewage collection system that contributes to violations of a permit issued
				  under ch. 283, Stats., or that has been the subject of an enforcement action
				  pursuant to s. 281.98, Stats., related to a
				  performance standard, including eligible projects or costs identified under s.
				  NR 162.03 (1)
				  (c).
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 162 - Clean Water Fund Program › Subchapter V - Priority Scoring and Ranking System › Section NR 162.50 - Project priority score

Current through June 24, 2024
(1) A project priority score shall be
				  assigned to each project for which a completed priority evaluation and ranking
				  form is submitted under s.
				  NR
				  162.51. The project priority score is based on the
				  additive of each criterion within the project category for the project. Each
				  project shall be scored under only one of s.
				  NR 162.49 (1), (2), or
				  (3).
(2) The municipality shall submit
				  documentation as determined by the department to support the points claimed in
				  the priority evaluation and ranking form. If documentation to support points
				  that may be awarded for a particular factor is not submitted at the time of
				  submittal of the priority evaluation and ranking form, zero points shall be
				  awarded for that particular factor.
The intended use plan is required of the department by
						the U.S. environmental protection agency as part of the application package for
						the federal capitalization grant for the CWFP.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 162 - Clean Water Fund Program › Subchapter V - Priority Scoring and Ranking System › Section NR 162.52 - Project ranking system

Current through June 24, 2024
(1) The department shall maintain a project
				  priority list that ranks the projects for which priority scores have been
				  determined. The projects shall be ranked in the order of descending priority
				  score, with the project with the highest priority score ranked first.
(2) If 2 or more projects have the same whole
				  number priority score, the project serving the smaller population, as based on
				  the population factor score, shall be considered to have the higher
				  priority.
(3) The department shall
				  prepare a project priority list and shall use it for prioritizing clean water
				  fund program financial assistance to eligible projects.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 166 - Safe Drinking Water Loan Program › Subchapter I - General › Section NR 166.01 - Purpose

Current through June 24, 2024
The purposes of this chapter are all of the
					 following:
(1) Establish rules under
				  ss. 281.59 and
				  281.61, Stats., for the
				  implementation and administration of a financial assistance program for the
				  engineering and construction of public water system projects.
(2) Establish a priority system for the
				  distribution of safe drinking water loan program financial assistance as
				  provided in s. 281.61, Stats., and the
				  mechanisms and methodology to be used to modify the priority system.
All forms necessary for financial assistance under this
						chapter are available on the department's website. Paper forms may be acquired
						at no charge from the Department of Natural Resources, Bureau of Community
						Financial Assistance, 101 S. Webster St., P.O. Box 7921, Madison, Wisconsin
						53707-7921. Most information is required to be submitted through the
						department's online application systems.