NR 120.27(2)(d)
(d) Grants may be terminated by the department in accordance with the following procedure:
NR 120.27(2)(d)1.
1. The department shall give 10 days written notice to the grantee of its intent to terminate a grant in whole or in part. Notice shall be served on the grantee personally or by mail, certified mail, return receipt requested.
NR 120.27(2)(d)2.
2. The department shall consult with the grantee prior to termination. Any notice of termination shall be in writing and state the reasons for terminating the grant. Notices of termination shall be served on the grantee personally or by mail, certified mail, return receipt requested.
NR 120.27(2)(e)
(e) The department may annul a grant if any of the following conditions apply:
NR 120.27(2)(e)1.
1. There has been substantial nonperformance of the project work by the grantee without good cause.
NR 120.27(2)(e)3.
3. There is substantial evidence of gross abuse or corrupt practices in the administration of the grant or project.
NR 120.27(2)(f)
(f) Upon termination, the grantee shall refund or credit to the department that portion of the grant funds paid or owed to the grantee and allocable to the terminated project work, except an amount as may be required to meet commitments which became enforceable prior to the termination. The grantee may not make any new commitments without department approval. The grantee shall reduce the amount of outstanding commitments insofar as possible and report to the department the uncommitted balance of funds awarded under the grant.
NR 120.27(3)(a)(a) The reasonable costs resulting from a termination order, including a previously issued stop-work order on that project work or grant, shall be eligible in negotiating a termination settlement.
NR 120.27(3)(b)
(b) The department shall negotiate appropriate termination settlement costs with the grantee. The department shall pay reasonable settlement costs.
NR 120.27(4)
(4) Responsibilities of governmental units. Suspension or termination of a grant or portion of a grant under this section may not relieve the grantee of its responsibilities under
ss. NR 120.03 and
120.05.
NR 120.27 History
History: CR 00-028: cr.
Register September 2002 No. 561, eff. 10-1-02.
NR 120.28(1)(1) On an annual basis, the department shall evaluate watershed projects in implementation. During the evaluation, the department shall examine the progress of the watershed project toward project goals and water quality objectives specified in the watershed plan. Upon consulting with the project sponsor, the department may take appropriate action to improve the progress of the watershed project. Department action may include, but is not limited to, more frequent project evaluation, the use of interim project goals, changes to project funding, and the adoption of sanctions listed in
sub. (2), when the project is in noncompliance with the priority watershed or priority lake plan.
NR 120.28(2)
(2) The following sanctions may be imposed by the department for noncompliance with the provisions of s.
281.65, Stats., this chapter or any grant agreement entered into or amended in accordance with the provisions of this chapter:
NR 120.28(2)(b)
(b) Watershed project costs directly related to noncompliance may be declared ineligible.
NR 120.28(2)(e)
(e) Other administrative or judicial remedies may be instituted as legally available and appropriate.
NR 120.28(2)(f)
(f) The department may seek recovery of grant payments in whole or in part.
NR 120.28(3)
(3) If a site has been designated as a critical site, the provisions of
ss. NR 120.08 and
120.09 have been met, and the owner fails to install best management practices or reduce the pollutants contributed by the site through alternative actions, the department may issue a notice of intent, in accordance with s.
281.20 (1),
(3) and
(5), Stats., if the pollution is not caused by animal waste. If the site is caused by animal waste, enforcement shall be in accordance with the provisions of
ch. NR 243. The department shall consult with DATCP when the source of pollution from the site is agricultural.
NR 120.28 History
History: CR 00-028: cr.
Register September 2002 No. 561, eff. 10-1-02.
NR 120.29
NR 120.29
Variances. The department may approve in writing a variance from a requirement of this chapter upon written request when the department determines that a variance is essential to effect necessary grant actions or water quality objectives and where special circumstances make a variance in the best interest of the program. A governmental unit's written variance request shall clearly explain the circumstances justifying the variance. Before approving a variance, the department shall take into account factors such as good cause, circumstances beyond the control of the governmental unit and financial hardship. The department may not grant variances from statutory requirements.
NR 120.29 History
History: CR 00-028: cr.
Register September 2002 No. 561, eff. 10-1-02.
NR 120.30
NR 120.30
Annual report. The department, jointly with DATCP shall annually prepare the report on the progress of the program required in ss.
281.65 (4) (o) and
92.14 (12), Stats. Specific requirements concerning the content of this report shall be in a joint program evaluation plan to be prepared by the department, jointly with DATCP and approved by the land and water conservation board.
NR 120.30 History
History: CR 00-028: cr.
Register September 2002 No. 561, eff. 10-1-02.
