reglab/statecodes huggingface dataset:
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 166.02 - Applicability

Current through June 24, 2024
This chapter applies to all applicants for and recipients
					 of financial assistance for the engineering and construction of public water
					 systems made under ss.
					 281.59 and
					 281.61, Stats. This rule first
					 applies to financial assistance applications submitted to the department on
					 November 1, 2023. Compliance with the applicable requirements of this chapter
					 is a prerequisite to receiving financial assistance under ss.
					 281.59 and
					 281.61, Stats.
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 166.03 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Action level" or "AL" has the meaning
				  given in s.
				  NR 809.04
				  (1).
(2) "Amendment" means a formal, written
				  change to an existing legal agreement or contract executed by all parties to
				  the original agreement or contract.
(3) "American Community Survey" or "ACS"
				  means the nationwide survey conducted by the U.S. bureau of the census to
				  collect demographic, social, housing, and economic data and produce 1-year,
				  3-year, and 5-year estimates based on population thresholds.
(4) "Applicant" means any municipality that
				  submits to the department any of the following for financial assistance under
				  this chapter:
(a) Priority evaluation and
				  ranking information as required by the department.
(b) A financial assistance
				  application.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 166 - Safe Drinking Water Loan Program › Subchapter II - Financial Assistance Requirements › Section NR 166.04 - Types of financial assistance available

Current through June 24, 2024
(1) The department
				  and DOA may, subject to applicable requirements of ss.
				  281.59 and
				  281.61, Stats., and ch. Adm 35,
				  provide to an eligible applicant for a scored project any of the following
				  types of financial assistance:
(a) Subject to
				  the limits established in s.
				  NR 166.07
				  (3), the purchase or refinance of a
				  municipality's interim debt.
(b)
				  The guarantee of, or purchase of insurance for, municipal obligations for
				  construction of a water system if the guaranteed or purchased insurance would
				  improve credit market access or reduce interest costs on the municipal
				  obligations.
(c) Loans below the
				  market interest rate.
(d) Using
				  funds received as federal capitalization grants under
				  42 USC
				  300j-12, any other type of assistance that is
				  consistent with the federal program for safe drinking water state loan funds
				  under 42 USC
				  300j-12 or any other federal law providing
				  funding for or otherwise relating to that program, except funds received as
				  federal capitalization grants may not be used to provide principal forgiveness
				  to a private owner of a community water system.
Note:
The language included in par. (d) and
					 under s. 281.61 (2r)
					 (e), Stats., allows the department to provide
					 principal forgiveness as part of a financial assistance
					 agreement.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 166 - Safe Drinking Water Loan Program › Subchapter II - Financial Assistance Requirements › Section NR 166.05 - Annual funding policy, project priority list, and funding list

Current through June 24, 2024
(1)
				  FUNDING POLICY AND PROJECT PRIORITY LIST. The department may produce an annual
				  SDWLP funding policy in conjunction with the fiscal year's project priority
				  list established under s.
				  NR
				  166.25. The funding policy may be in the form of the
				  SDWLP annual intended use plan and may describe methods for making funding
				  determinations and other policies related to the fiscal year. When the
				  department publishes a funding policy for a given year, it shall provide an
				  opportunity for public comment regarding the funding policy.
(2) FUNDING LIST. The department shall
				  prepare an annual funding list in accordance with s.
				  281.61 (8),
				  Stats., and s.
				  NR
				  166.25.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 166 - Safe Drinking Water Loan Program › Subchapter II - Financial Assistance Requirements › Section NR 166.08 - 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 SDWLP annual intended use plan under s.
				  NR 166.05
				  (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.wisconsin.gov/aid/EIF.html.
(a)
				  A clear, concise, and comprehensive project description that includes the
				  public health or water system 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 sanitary sewer construction
				  being done at the same time as watermain 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 SDWLP.
(d) Estimated or actual dates related to the
				  bidding and construction timeline of the project.
(e) 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.
(f) 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 166 - Safe Drinking Water Loan Program › Subchapter II - Financial Assistance Requirements › Section NR 166.09 - 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
				  166.08, 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.
Note:
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.
(3) An applicant is not required to submit a
				  land ownership certification or legal opinion for portions of a project that
				  include removal of lead service lines or galvanized pipe on private
				  property.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 166 - Safe Drinking Water Loan Program › Subchapter II - Financial Assistance Requirements › Section NR 166.11 - 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 SDWLP 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) PROFITS. Contractors may earn only fair
				  and reasonable profits under contracts for projects receiving SDWLP assistance.
				  Profit included in a formally advertised, competitively bid, fixed price or
				  unit price construction contract is presumed to be reasonable.
(3) 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.
(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 SDWLP financial assistance, the
				  recipient or contractor 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 166 - Safe Drinking Water Loan Program › Subchapter II - Financial Assistance Requirements › Section NR 166.12 - Reimbursement and refinancing

Current through June 24, 2024
(1) REIMBURSEMENT
				  OF PREVIOUSLY PAID DEBT. The department may approve reimbursement of 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 166.08
				  (4), and the applicant does not already have
				  outstanding long-term affordable debt for the project.
(2) REFINANCING OF INTERIM DEBT. The
				  department may approve refinancing of the eligible portion of a municipality's
				  interim debt subject to the limits established in s.
				  NR 166.07
				  (3).
The department's approval of reimbursement and
						refinancing transactions is preliminary. DOA makes the final determination
						regarding whether the state revolving fund is able to refinance a
						municipality's interim debt or reimburse a municipality's internal
						accounts.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 166 - Safe Drinking Water Loan Program › Subchapter II - Financial Assistance Requirements › Section NR 166.13 - Loan interest rates

Current through June 24, 2024
Interest rates for projects eligible under s.
					 NR
					 166.06 shall be set in accordance with s.
					 281.61 (11)
					 (a), Stats., and all of the following:
(1) If the municipality meets all of the
				  following criteria, the loan interest rate shall be determined as specified in
				  s. 281.61 (11) (a)
				  2, Stats.:
(a) The population of the municipality is
				  less than 10,000.
(b) The median
				  household income of the municipality is 80 percent or less of the median
				  household income in this state. The department shall determine median household
				  income of a municipality for the fiscal year from which financial assistance is
				  requested as established under s.
				  NR
				  166.135.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 166 - Safe Drinking Water Loan Program › Subchapter II - Financial Assistance Requirements › Section NR 166.135 - Median household income

Current through June 24, 2024
The department shall determine the median household income
					 of each applicant for the fiscal year from which financial assistance is
					 requested based on all of the following instructions as applicable to the
					 applicant:
(1) If the municipality is
				  a place, as defined for purposes of data collection by the U.S. bureau of the
				  census, including a city, village, or census designated place, or the
				  municipality is a county or a minor civil division, the department shall obtain
				  the most recent 5-year-data median household income figure published for the
				  municipality by the U.S. bureau of the census prior to the department's
				  publishing of the annual project priority list.
Note:
The department uses U.S. bureau of the
					 census municipal incomes as derived from the American Community Survey and
					 published annually in the 5-year survey data. At the time of writing of this
					 administrative code, the U.S. bureau of the census is not collecting income
					 data during the decennial census. The U.S. bureau of the census does not
					 publish data for all types of municipalities eligible for SDWLP financial
					 assistance.
(2) The
				  department may require a municipality for which the U.S. bureau of the census
				  does not publish median household income data to provide information to assist
				  the department in determining a median household income for the municipality
				  for purposes of this chapter. The information required and used by the
				  department may include any of the following:
(a) The number of residential users served by the
				  municipality.
(b) A map showing the
				  municipal boundaries, and the number of residential users served by or the
				  population of the municipality within each town or county for municipalities
				  that cross town or county boundaries.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 166 - Safe Drinking Water Loan Program › Subchapter II - Financial Assistance Requirements › Section NR 166.15 - 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 or notes sold to the SDWLP.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 166 - Safe Drinking Water Loan Program › Subchapter II - Financial Assistance Requirements › Section NR 166.16 - 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 166 - Safe Drinking Water Loan Program › Subchapter II - Financial Assistance Requirements › Section NR 166.17 - 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. Changes that necessitate an amendment must be due to
				  unforeseen circumstances or approvable change orders to a project construction
				  contract.
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.
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 166 - Safe Drinking Water Loan Program › Subchapter II - Financial Assistance Requirements › Section NR 166.18 - Disputes

Current through June 24, 2024
(1) DECISION OF THE DEPARTMENT. Except as
				  otherwise provided by law, any dispute arising under this chapter prior to the
				  execution of a financial assistance agreement shall be decided in writing by
				  the department. The department shall serve a copy of the decision on the
				  applicant 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 166 - Safe Drinking Water Loan Program › Subchapter II - Financial Assistance Requirements › Section NR 166.19 - Records and records retention

Current through June 24, 2024
(1) REQUIREMENTS.
				  The recipient shall maintain SDWLP 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 SDWLP project-related books, documents, papers, and
				  records related to the project 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 SDWLP 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 166.16 (4) (b)
				  7. that the project closeout is complete,
				  whichever is later.
(d) All other
				  files and records relating to the scored project, including as-built plans,
				  shall be retained for at least the term of the financial assistance agreement
				  for the project.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 166 - Safe Drinking Water Loan Program › Subchapter II - Financial Assistance Requirements › Section NR 166.20 - Breach of contract

Current through June 24, 2024
(1) Upon breach of the financial assistance
				  agreement by the recipient, the department may do any of the following:
(a) Declare the unpaid loan balance mature
				  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) Immediately terminate
				  the financial assistance agreement and disburse no additional funds if the
				  financial assistance has not been fully disbursed.
(d) Seek an injunction or any other equitable
				  or judicial relief from a court of appropriate jurisdiction.
(e) Seek any other appropriate administrative
				  remedy.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 166 - Safe Drinking Water Loan Program › Subchapter II - Financial Assistance Requirements › Section NR 166.21 - Noncompliance

Current through June 24, 2024
Upon failure of the recipient to comply with s.
					 281.59 or
					 281.61, 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 ch. 281, Stats.
(3) Seek any other appropriate remedy,
				  relief, or penalty.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 166 - Safe Drinking Water Loan Program › Subchapter II - Financial Assistance Requirements › Section NR 166.22 - 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.
				  281.59 and
				  281.61, Stats.
(2) APPLICABILITY. The department may only
				  approve a variance from any non-statutory requirement of this
				  chapter.
(3) REQUEST FOR VARIANCE.
				  An applicant shall submit any 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 the SDWLP
				  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 which 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 166 - Safe Drinking Water Loan Program › Subchapter III - Priority Scoring and Ranking System › Section NR 166.24 - Procedure for determining and updating project priority scores

Current through June 24, 2024
A municipality intending to apply for SDWLP financial
					 assistance under this chapter shall submit to the department project priority
					 evaluation and ranking form information in the department's online format and
					 by the date required by the department. The submittal shall include all
					 required documentation to justify points requested in the form. The department
					 may not assign a priority score greater than 0 to a project until the applicant
					 has submitted complete priority evaluation and ranking form information to the
					 department for evaluation. The procedure for determining and updating project
					 priority scores shall be detailed in the SDWLP annual intended use plan under s
					 NR 166.05
					 (1).
The application form is available on the department
						website at
http://dnr.wi.gov/Aid/EIF.html
and
						from the Department of Natural Resources, Bureau of Community Financial
						Assistance, 101 S. Webster St., P.O. Box 7921, Madison, Wisconsin 53707-7921.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 167 › Section NR 167.05

Current through June 24, 2024
The criteria for eligibility for financial assistance in s.
					 281.60(2),
					 Stats., are as follows:
(1), The project is to remedy environmental contamination
					 of landfills, sites or facilities.
(2), The landfill, site or facility has environmental
					 contamination which has affected groundwater or surface water or threatens to
					 affect groundwater or surface water.
(3), The political subdivision owns the landfill, site or
					 facility.
(4), The environmental contamination to be remedied was
					 not caused by the political subdivision. This criterion does not apply where
					 the site is a landfill.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 167 › Section NR 167.09

Current through June 24, 2024
The criteria in s.
					 281.60(7),
					 Stats., are as follows:
(a) The project is ranked on the department's priority
					 scoring list.
(b) The department determines that the project meets the
					 eligibility requirements under this chapter.
(c) DOA determines that the political subdivision has
					 demonstrated that it has the financial capacity to undertake the project and
					 pay the debt service on the obligations it issues for the project, giving
					 consideration to the factors contained in ch. Adm 35.
(d) DOA determines that the applicant will meet any
					 requirements of s.
					 281.59(9)
					 (b), Stats.
(e) The legislature has approved an amount under s.
					 281.59(3m)
					 (b), Stats., for the biennium.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 168 › Section NR 168.03

Current through June 24, 2024
Section
					 101.143(1)
					 (i), Stats., defines "underground petroleum
					 product storage tank" to mean "an underground storage tank used for storing
					 petroleum products together with any on-site integral piping or dispensing
					 system with at least 10% of its total volume below the surface of the ground."
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 169 - Dry cleaner environmental response program › Section NR 169.01 - Purpose

Current through June 24, 2024
This chapter establishes rules promulgated under s.
				  292.65,
				  Stats., to implement and administer a program to reimburse eligible applicants
				  for a portion of their costs associated with the investigation and cleanup of
				  soil or groundwater, or both, contaminated by a discharge of a dry cleaning
				  product from a dry cleaning facility.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 169 - Dry cleaner environmental response program › Section NR 169.03 - Applicability

Current through June 24, 2024
This chapter applies to all applicants for and recipients of
				  reimbursements of costs paid to investigate and remediate soil and groundwater
				  contaminated by a discharge of a dry cleaning product. Compliance with s.
				  292.11,
				  Stats., this chapter and chs.
				  NR
				  700 to
				  749 is a prerequisite to
				  eligibility for reimbursement under s.
				  292.65,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 169 - Dry cleaner environmental response program › Section NR 169.05 - Definitions

Current through June 24, 2024
(1) "Consultant" means a person or business
				under contract to perform a response action regulated or subject to regulation
				under chs. NR 702 to 736.
(2)
				"Contract services" means services provided by a contractor as part of a
				response action. Contract services includes all of the following services:
(a) Excavating.
(b) Trucking.
(c) Landspreading.
(d) Waste disposal services
(e) Drilling, including at-depth soil
				sampling and well installation.
(f)
				Backfilling and grading, including provision of backfill material.
(g) Laboratory services.
(h) General contractor services.
(i) Other services provided by
				contractors.
(j)
				Surveying.
(k) Sampling.
(L) Monitoring.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 169 - Dry cleaner environmental response program › Section NR 169.07 - Eligible applicants

Current through June 24, 2024
(1) OWNERS OR OPERATORS. Owners or operators
				who meet the requirements in s.
				292.65(4)
				(a), Stats., are eligible to apply for
				reimbursement under this chapter.
Note: Section
				  292.65(4)
				  (a), Stats., states that the owner or
				  operator of a dry cleaning facility may apply for reimbursement under s.
				  292.65,
				  Stats., and lists the provisions with which an owner or operator must comply to
				  be eligible for an award.
Note: The personal representative of an owner or operator may
				  complete the reimbursement process if the owner or operator had submitted a
				  potential claim notification form to the DNR before the owner or operator's
				  death.
(2) AGENTS.
(a) An agent is an eligible applicant as
				provided in s.
				292.65(4)
				(k), Stats.
Note: Section
				  292.65(4)
				  (k), Stats., states that an owner or operator
				  may enter into a written agreement with another person under which that other
				  person acts as an agent for the owner or operator in conducting the activities
				  under pars. (e) to (j). If an agreement is entered into under this paragraph,
				  all requirements applicable to an owner or operator under par. (m) and subs.
				  (8) (a), (8m) and (12) apply to the agent. The owner or operator or the agent
				  may submit the application for an award under this chapter.
(b) Agent agreements shall include the name
				of the eligible applicant and the person who will be acting as an agent for the
				owner or operator in conducting the activities required under s.
				NR 169.09 and
				shall be signed and dated by both parties.
(c) Costs incurred prior to a signed, written
				agency agreement are not eligible for reimbursement under this
				chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 169 - Dry cleaner environmental response program › Section NR 169.09 - Eligible actions

Current through June 24, 2024
(1) GENERAL. Eligible actions are those
				actions that comply with chs.
				NR
				700 to
				728, including immediate and
				interim actions, site investigations and remedial actions.
(a) Immediate and interim actions include
				those actions identified in ch. NR 708.
(b) Site investigations include those actions
				identified in ch. NR 716.
(c)
				Remedial actions include those actions that comply with the standards
				identified in chs.
				NR 722 and
				724.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 169 - Dry cleaner environmental response program › Section NR 169.11 - Requirements for reimbursement

Current through June 24, 2024
(1) GENERAL
				REQUIREMENTS. Costs listed under s.
				NR
				169.13 submitted by an eligible applicant are eligible
				for reimbursement as follows:
(a)
Immediate actions.
To receive reimbursement for costs
				associated with immediate actions, an eligible applicant shall do all the
				following:
1. Report the discharge to the
				department as required by s.
				NR
				706.05.
Note:
Section
				  NR
				  706.05 provides that unless exempted under s.
				  NR
				  706.07, persons who cause the discharge to the
				  environment of a hazardous substance or who possess or control a hazardous
				  substance which is discharged to the environment shall immediately notify the
				  department of the discharge. The toll free hot-line for spill reporting is
				  1-800-943-0003.
2. Conduct
				immediate action activities as required by ch. NR 706.
3. Obtain and document concurrence from the
				department project manager before incurring eligible immediate action costs
				that exceed $10,000.
Note:
A non-emergency immediate action is an
				  action in which the department does not require a responsible party to take
				  further action under s.
				  NR
				  708.09 once the immediate action is completed. If the
				  department requires further action after a non-emergency immediate response
				  action is taken, that action meets the definition of "interim action" in s.
				  NR
				  700.03(29) and is accordingly subject
				  to the interim action requirements of this chapter.
4. Apply for the program on a form developed
				by the department.
Note:
Forms are available at no charge from the
				  remediation and redevelopment program in any department regional or central
				  office or by contacting the department at (608) 266-2111.
5. Document to the department that the
				response meets the criteria for immediate action under s.
				NR 708.05 and
				that the response action was an appropriate response warranted by site
				conditions.
6. Within 120 days
				after completing an immediate action, submit an application to the department
				as specified in s.
				NR
				169.19 which documents all eligible actions and
				associated costs. An immediate action is complete when the immediate nature of
				the release has been adequately addressed. An immediate action that includes
				operation and maintenance of equipment is complete once the equipment is
				installed.
Note:
Section
				  NR
				  708.05(2) requires owners or
				  operators who take emergency immediate actions to conduct any further response
				  actions needed to restore the environment to the extent practicable unless the
				  department determines that no further response is necessary in accordance with
				  s.
				  NR
				  708.09.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 169 - Dry cleaner environmental response program › Section NR 169.13 - Awards

Current through June 24, 2024
(1) MAXIMUM AWARD AMOUNT. Awards may not
				exceed the maximums imposed by s.
				292.65(8)
				(f), Stats.
Note:
Section
				  292.65(8)
				  (f), Stats., provides that an award to
				  reimburse costs of immediate actions, site investigations and cleanup at a
				  single facility may not exceed $500,000.
(2) ELIGIBLE COSTS.
(a)
General.
Eligible costs
				are those allowed under s.
				292.65(7),
				Stats.
Note:
Section
				  292.65(7)
				  (a), Stats., provides that eligible costs
				  include reasonable and necessary costs incurred for the following items
				  only:
1. Removal of dry cleaning
				solvents from surface waters, groundwater or soil.
2. Investigation and assessment of
				contamination caused by a dry cleaning solvent discharge from a dry cleaning
				facility.
3. Preparation of
				remedial action plans.
4. Removal
				of contaminated soils.
5. Soil and
				groundwater treatment and disposal.
6. Environmental monitoring.
7. Laboratory services.
8. Maintenance of equipment for dry cleaning
				solvent recovery performed as part of remedial action activities.
9. Restoration or replacement of a private or
				public potable water supply.
10.
				Restoration of environmental quality.
11. Contractor costs for remedial action
				activities.
12. Inspection and
				supervision.
14. Other costs
				identified by the department as reasonable and necessary for proper
				investigation, remedial action planning and remedial action activities to meet
				the requirements of s.
				292.11,
				Stats.
Note:
Costs incurred after October 14, 1997 and
				  before February 1, 2000 will not be denied for failure to conform with the
				  bidding provisions in this chapter, but will be reviewed and evaluated for
				  reasonableness under this section.
Note:
Equipment purchased to remediate
				  environmental contamination belongs to applicant when the remediation is
				  complete and is not property of the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 169 - Dry cleaner environmental response program › Section NR 169.15 - Site hazard categorization system

Current through June 24, 2024
(1) The department
				project manager shall assign a preliminary high, medium, or low priority to the
				site.
(2) To determine
				reimbursement priorities pursuant to s.
				NR
				169.17, the department project manager shall assign a
				final high, medium, or low priority to the site after approving a complete site
				investigation report submitted to the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 169 - Dry cleaner environmental response program › Section NR 169.17 - Allocation of reimbursement assistance

Current through June 24, 2024
(1) FUND
				ALLOCATION. The department shall allocate funding based on statutory spending
				authority and as provided under this section. The department shall also
				determine the amount of any unused funds at the end of each fiscal year which
				were previously allocated to immediate actions and may reallocate those funds
				as provided in sub. (2).
(2)
				CLASSES OF ACTIONS. Funding available for eligible costs shall be allocated
				among the following classes of actions. Costs submitted for reimbursement shall
				be classified as one of the following:
(a)
Immediate actions.
9.7% of the funds collected each fiscal
				year shall be reserved to reimburse costs associated with immediate actions. In
				the fourth quarter of each fiscal year, the department may transfer all or part
				of the unused funds which were set aside to reimburse costs of immediate
				actions to the fund which reimburses site investigations or remedial actions
				under this subsection.
(b)
Site investigations and remedial actions.
1. Any funds not allocated under par. (a)
				shall be reserved to reimburse costs associated with site investigation and
				remedial actions. Funds available in this class shall be allocated as follows:
a. 25% to sites classified as high priority
				under s.
				NR
				169.15.
b.
				60% to sites classified as medium priority sites under s.
				NR
				169.15.
c.
				15% to sites prioritized as low priority sites under s.
				NR
				169.15.
2. The department may transfer unused funds
				between high, medium and low priority sites as identified in this subsection to
				meet application needs.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 169 - Dry cleaner environmental response program › Section NR 169.19 - Reimbursement applications

Current through June 24, 2024
(1) TIMING OF
				APPLICATIONS. An eligible applicant shall submit an application within the
				dates required by s.
				292.65(8)
				(a), Stats.
Note:
Section
				  292.65(8)
				  (a), Stats., provides that an owner or
				  operator may not submit an application if the owner or operator submits the
				  notification of potential claim under sub. (4) (c) after August 30,
				  2008.
(2) CONTENTS OF
				APPLICATIONS. An owner or operator who seeks reimbursement of response action
				costs shall complete and submit to the department all the following:
(a) An application form containing all the
				following:
Note:
Forms are available at no charge from the
				  remediation and redevelopment program in any department regional or central
				  office or by contacting the department at (608) 266-2111.
1. The owner or operator's name and address
				and a statement indicating how the applicant qualifies as an owner or operator
				under s.
				NR
				169.07.
2.
				If an agent of the owner or operator is directing the response action, the
				name, address and phone number of the agent and a dated copy of the agency
				agreement.
3. A statement
				indicating whether the owner or operator has applied or will apply to another
				department program or another government agency for reimbursement of response
				action costs incurred for the same facility.
4. Information regarding multiple owner or
				operators including:
a. Names, addresses and
				phone numbers of all co-owners and all co-operators.
b. A certification that the owner or operator
				has made a reasonable effort to notify other owners or operators.
5. Dry cleaner facility
				information including information on whether the facility is still operating or
				operable, pollution prevention measures implemented and information on the
				construction of the facility.
6.
				Discharge information associated with the facility.
7. Consultant information, including the
				contact name and business name.
8.
				Insurance information, including a statement indicating whether any portion of
				the response action costs for which the owner or operator seeks reimbursement
				may be covered by insurance, or a statement from the owner's or operator's
				insurance company stating that the insurance company has denied the owner's or
				operator's claim for reimbursement of the response action costs
9. Other relevant information requested by
				the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 169 - Dry cleaner environmental response program › Section NR 169.21 - Reimbursement awards

Current through June 24, 2024
(1) PROCESSING APPLICATIONS.
(a)
Preliminary opinion.
The
				department may issue a preliminary opinion which is not binding on the
				department on whether an applicant is eligible for reimbursement of response
				action costs.
(b)
Notice
				acknowledging application.
Within 30 days after the department
				receives an application under s.
				NR
				169.19, the department shall issue a written notice to
				the applicant acknowledging receipt of the application.
(c)
Request for additional
				information.
Following receipt of an application under s.
				NR
				169.19, the department may require an applicant to
				submit any additional information that may be relevant to the department's
				review of the application.
(d)
Decision.
Within 90 days after the department receives a
				complete application under s.
				NR
				169.19, including any additional information required
				by the department under par. (c), the department shall issue a written decision
				approving or disapproving the application. The department may approve part of
				an application, or approve an application subject to conditions specified by
				the department. In its decision the department shall specify all the following:
1. The amount of eligible costs, if any, for
				which reimbursement may be paid.
2.
				The total amount, if any, approved for payment under s.
				NR
				169.13. The decision shall specify that payment is
				subject to the terms and conditions specified in this chapter.
3. Any amounts and items not approved and the
				reasons for that disapproval. The department shall also explain any amounts
				deducted from the reimbursement application under sub. (3).