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 166.14 - Financial assistance agreement conditions

Current through June 24, 2024
(1) Each financial
				  assistance agreement shall require the recipient to do all of the following:
(a) Maintain system water rates and operating
				  rules in accordance with s.
				  NR 166.10 (7) or
				  (8).
(b) Comply with all pertinent requirements of
				  federal, state, and local environmental laws and regulations.
(c) Comply with the requirements contained in
				  42 USC
				  300j-12.
(d) Pay the costs of water system
				  construction that are ineligible for financial assistance under this
				  chapter.
(e) Comply with all state
				  and local laws regarding procurement and public contracts.
(f) Provide department representatives access
				  to the scored project, including construction activities, whenever the project
				  is in preparation or progress, and for a final inspection when the project is
				  complete. For purposes of providing access, the recipient shall do all of the
				  following:
1. In each of its contracts for the
				  scored project include a provision that requires the recipient and its
				  contractors to allow the department access to records of contractors and
				  subcontractors pertinent to the project for the purpose of making inspections,
				  examinations, excerpts, copies, and transcriptions.
2. Allow DOA or its agent access to
				  project-related records for audits.
(g) Expeditiously initiate and complete the
				  project in accordance with the financial assistance agreement and application,
				  including construction of and payments for the portions ineligible for SDWLP
				  financial assistance and any project schedule approved by the department.
				  Failure of the recipient to promptly initiate project work may be deemed a
				  breach of the financial assistance agreement.
(h) Promptly notify the department of changes
				  to the project, including notifying a department plan reviewer and the
				  department construction management engineer when plans and specifications are
				  being revised.
(i) Promptly submit
				  to the department a copy of any prime contract or modification of it and any
				  revisions to plans and specifications.
(j) Begin repayment of the principal balance
				  of the loan no later than 12 months after the substantial completion date of
				  the project as specified in the financial assistance agreement and make the
				  final principal payment no later than 20 years after the date of the financial
				  assistance agreement unless the financial assistance agreement term is greater
				  than 20 years but not more than 30 years. If the loan term is greater than 20
				  years, the municipality shall make the final principal payment no later than 30
				  years after the date of the financial assistance agreement.
(k) Provide and maintain adequate
				  construction inspection to ensure conformance with the approved plans and
				  specifications, proper construction methods, and the financial assistance
				  agreement.
(L) Notify the
				  department of the substantial completion of the project.
(n) Comply with all applicable provisions of
				  any outstanding SDWLP and clean water fund program financial assistance
				  agreements and interest rate subsidy agreements.
(o) Obtain and maintain full legal right and
				  authority required to own, control, operate, and maintain the project for at
				  least the term of the financial assistance agreement, including assuring that
				  any of the following requirements regarding the land on which the project takes
				  place are met:
1. If the municipality prior to
				  signing a financial assistance agreement owns all of the land on which the
				  project takes place, the municipality shall maintain ownership of the land on
				  which the project is built for at least the term of the financial assistance
				  agreement unless the municipality obtains approval from the department to
				  discontinue operation of, sell, or otherwise dispose of the project.
2. If the municipality prior to signing a
				  financial assistance agreement does not own any of the land on which the
				  project takes place, the municipality shall obtain and maintain for at least
				  the term of the financial assistance agreement all necessary permits, licenses,
				  easements, and approvals required to give the municipality the authorities and
				  permissions needed to construct, operate, and maintain the project on the land
				  on which the project is built unless the municipality obtains approval from the
				  department to discontinue operation of, sell, or otherwise dispose of the
				  project.
3. If the municipality
				  prior to signing a financial assistance agreement owns some but not all of the
				  land on which the project takes place, the municipality shall follow the
				  requirements under subds. 1. and 2. regarding maintaining ownership of or
				  access needed to the land on which the project takes place to allow the
				  municipality to construct, operate, and maintain the project on the land on
				  which the project is built for at least the term of the financial assistance
				  agreement.