NR 126.03(2)(e)
(e) A project to repair or replace existing components or devices which are part of a pollution prevention and abatement facility and which are needed to maintain the degree of treatment for which the facility was designed.
NR 126.03(2)(f)
(f) Projects not in conformance with the applicable river drainage basin plans approved by the department.
NR 126.03(2)(g)
(g) A project on which the municipality has awarded contracts or on which force account construction has commenced prior to approval by the department of the final detailed construction plans and specifications.
NR 126.03 History
History: Cr.
Register, March, 1975, No. 231, eff. 4-1-75.
NR 126.04(1)(1)
Preliminary planning. Costs of studies, investigations, surveys, planning and other steps necessary to determine the economic and engineering feasibility of a proposed project.
NR 126.04(2)
(2) Engineering, architectural, inspection and other fees for technical services. Costs of services include preparation of preliminary and final engineering reports, design of facilities, preparation of plans and specifications, inspection and supervision of construction and any other services necessary for the construction of the project. Where technical services are provided by regularly employed persons of a municipality, actual recorded applicable costs are allowable, provided they do not exceed costs determined by the department to be reasonable if the work were performed privately on a fee basis.
NR 126.04(3)
(3) Legal costs. Fees and expenses shall be based on actual records for legal services rendered in connection with the project. Reasonable costs incurred in the development of the information necessary for the bond issue, including preparation of the prospectus, bond advertising, printing of bonds and other similar costs are eligible. When bond counsel and attorney fees cover all the steps from the drafting of the bond resolution through the final sale of the bonds, no additional financing costs are allowable.
NR 126.04(4)
(4) Construction costs. Construction costs incurred under competitively bid contracts or actual cost of purchased equipment, materials and labor incurred under force account procedures consistent with the provisions of s.
62.15, Stats.
NR 126.04 History
History: Cr.
Register, March, 1975, No. 231, eff.. 4-1-75.
NR 126.05
NR 126.05
Costs not allowable. The following costs are not allowable for state participation:
NR 126.05(1)
(1) Ineligible work. The cost of any work not included in the eligible portion of the project as approved by the department.
NR 126.05(2)
(2) Cost of site. The cost of the site or easements or any estate or interest therein, and any cost associated with the acquisition thereof.
NR 126.05(3)
(3) Rebates, refunds, tax exemptions. Any costs exceeding the actual net cost of materials or services are not eligible. A rebate or refund received from a firm or individual is not an allowable project cost. Where municipalities are exempt from the payment of sales taxes and excise taxes, such taxes are not an allowable cost.
NR 126.05(4)
(4) Fee not related to construction. Any portion of a fee which covers services performed in staffing of the facility, training of personnel or other functions not directly related to the actual project.
NR 126.05(5)
(5) Administrative costs. Costs such as provision of extra office space, telephone service and additional municipal personnel, including accountants, bookkeepers and clerks.
NR 126.05(6)
(6) Legal services. Costs of legal services rendered in connection with ineligible parts of the projects, such as acquisition of site or easements.
NR 126.05(7)
(7) Interest. Interest on bonds (including discounts below par) or any other form of indebtedness.
NR 126.05(8)
(8) Damage awards. Damage awards arising out of the construction, equipping or operation of the project, whether such awards are determined by judicial procedure, arbitration, negotiation or otherwise.
NR 126.05(9)
(9) Bonus payments. Bonus payments made by the applicant to the contractor for completing work in advance of a specified time.
NR 126.05(10)
(10) Cost in excess of bid price. When a bid is rejected and later reinstated in the contract, its eligible cost may not exceed the original bid price.
NR 126.05(11)
(11) Normal government costs. Costs incident to normal operating costs of government such as bond election costs and salaries and expenses of statutory government officials such as the mayor, city manager, city council members, etc.
NR 126.05(12)
(12) Unnecessary or unreasonable costs. Any costs found by the department to be unreasonable or unnecessary to construction of the approved eligible project.
NR 126.05(13)
(13) Completion prior to June 30, 1974. All costs of a project which was operational and on which the construction was essentially completed prior to the effective date of s.
281.56, Stats., (June 29, 1974).
NR 126.05(14)
(14) Operation and maintenance. The costs for operation or maintenance or replacement of equipment of facilities.
NR 126.05(15)
(15) Costs incurred prior to august 1, 1966. Costs for any purpose paid prior to or work covered by construction contracts awarded prior to August 1, 1966, the date on which the first appropriation for state grants for construction of water pollution abatement projects under the State Water Resources Act was authorized.
NR 126.05 History
History: Cr.
Register, March, 1975, No. 231, eff. 4-1-75; correction in (13) made under s. 13.93 (2m) (b) 7., Stats.,
Register, May, 2001, No. 545.
NR 126.06
NR 126.06
Preliminary project evaluation. Municipalities desiring a preliminary point rating and eligibility determination made for a project, prior to the submission of an application or plans and specifications, may submit such a request with accompanying documents
s. NR 126.07 (2) (b),
(c) or if not available, such alternative information or as needed for eligibility and priority determination, NR 126.07 (2) (f) and (i) as listed in
s. NR 126.07. The department will review the project and notify the applicant of the priority rating and eligibility and when the grant may be available, conditioned upon the prompt submission of the completed application and final detailed approvable construction plans and specifications. However, the project will not be placed on the priority list until final detailed approvable construction plans and specifications and the complete grant application are submitted to the department.
NR 126.06 History
History: Cr.
Register, March, 1975, No. 231, eff. 4-1-75.
NR 126.07(1)
(1)
Application forms. Municipalities shall submit applications in accordance with instructions and on forms supplied by the department. Applications shall be updated by the applicant as necessary to keep the information current.
NR 126.07(2)(a)(a) A certified copy of the recent authorization by the applicant's governing body authorizing the filing of the application and appointing a municipal official as the authorized representative.
NR 126.07(2)(d)
(d) Final approvable project plans and specifications as described in
chs. NR 108 and
110 unless they have been previously submitted to or approved by the department.
NR 126.07(2)(e)
(e) Contracts or agreements applicable to engineering and other technical services, and legal services and other information concerning the basis upon which fee or costs for such services were determined.
NR 126.07(2)(f)
(f) An itemized estimate of construction costs, or bid tabulation, if available.
NR 126.07(2)(g)
(g) If the site has been acquired, a copy of the site title opinion showing municipal ownership and a description of the site which has been acquired.
NR 126.07(2)(h)
(h) If the site has not been acquired, a statement of the nature and extent of interest in lands, which are to be acquired and the proposed method and time required for acquisition. Specify statutory requirements and authority affecting acquisition procedures.
NR 126.07(2)(i)
(i) If the project is in an area served by a regional or county planning agency, that agency's evaluation and comment on conformance of the project with the comprehensive plan developed or in process of development for the metropolitan or regional area.
NR 126.07(2)(j)
(j) An environmental analysis which meets the requirements of the Wisconsin Environmental Policy Act, s.
1.11, Stats., and which includes an evaluation of feasible alternatives and provides clear justification for selecting a particular course of action based on monetary, environmental and other considerations. The analysis shall be available for public information and public participation in evaluation of the project.
NR 126.07(2)(k)
(k) Adequate analysis and data establishing that the works or modification is the most cost efficient method of meeting the limitations and standards required of the facility.
NR 126.07(2)(L)
(L) A dated statement, signed by the authorized municipal representative, the municipal attorney, and the engineer as to whether the municipality has all the necessary public easements and rights-of-way, and all construction will take place only on public easements or rights-of-way.
NR 126.07(2)(m)
(m) A dated statement, signed by the authorized municipal representative and the consulting engineer, as to whether any sewer laterals are to be installed on private property under this project.
NR 126.07 History
History: Cr.
Register, March, 1975, No. 231, eff. 4-1-75;
CR 13-022: am. (2) (j) Register March 2014 No. 699, eff. 4-1-14. NR 126.08
NR 126.08
Departmental processing of applications. NR 126.08(1)(1)
Project number assignment. Upon receipt of an application, the department will assign a project number in chronological order of receipt. The project number will be used on all documents and correspondence relating to the project.
NR 126.08(2)
(2) Initial review. The department will review the application and accompanying supporting documents in sufficient detail to assure completeness and that the proposed project is eligible as described in
s. NR 126.03. Applications which are incomplete may be returned to the applicant for the appropriate information. Applicants having projects which are determined to be ineligible will be notified of such determination.
NR 126.08 History
History: Cr.
Register, March, 1975, No. 231, eff. 4-1-75.
NR 126.09
NR 126.09
Priority determination. The total of priority points shall be the sum of the applicable points for items in
subs. (1) and
(2) and the sum of points for each column in
sub. (3).
POINTS
NR 126.09(1)(a)(a) Final detailed approvable construction project plans and specifications received by the department prior to June 30, 1974.
100
NR 126.09(1)(b)
(b) Final detailed approvable construction project plans and specifications received by the department after June 29, 1974.
70
NR 126.09(2)
(2) Public health hazard and adequacy of existing water pollution abatement system. NR 126.09(2)(a)(a) A project for a municipality without a public sanitary sewage collection system and without a public water supply system to provide a sanitary sewer system and a sewage treatment plant, or a sanitary sewer system to be served by an existing or proposed sewage treatment plant owned by another municipality.
60
NR 126.09(2)(b)
(b) A project in a municipality without a public sanitary sewage collection system but that has a public water supply system to provide a sanitary sewer system and a sewage treatment plant, or a sanitary sewer system to be served by an existing or proposed sewage treatment plant owned by another municipality.
50
NR 126.09(2)(c)
(c) A project to provide secondary treatment for a municipality with only a primary sewage treatment plant.
40
NR 126.09(2)(d)
(d) A project to provide adequate sewage treatment for a municipality with an inadequate secondary sewage treatment plant.
30
NR 126.09(2)(e)
(e) A project to provide sewer extensions in a municipality that has a public sanitary sewer system.
20
NR 126.09(2)(f)
(f) Intercepting sewers, force mains and pump stations shall receive the same number of points as the project of which they are a part.
NR 126.09 Note
*Based on the most recent department of revenue publications, “Long Term Indebtedness of Wisconsin Political Subdivisions" and “Taxes, Aids and Shared Taxes" and confirmation of its applicability by department investigation.
NR 126.09(4)
(4) Project priority. Projects shall be rated for priority for grants in descending order of the sum of the points (maximum possible points: 200). In case of a tie in the priority ranking, the project with final detailed approvable construction plans received at the earlier date shall be given the higher rating.
NR 126.09 History
History: Cr.
Register, March, 1975, No. 231, eff. 4-1-75.
NR 126.10
NR 126.10
Priority ranking and notice of funding allocation. NR 126.10(1)(1)
Priority ranking. During January and July, all pending project applications (for which final approvable plans and specifications meeting
chs. NR 108 and
110 have been submitted to or approved by the department) will be evaluated for completeness and to determine the priority ranking of the projects, as outlined in
s. NR 126.04.
NR 126.10(2)
(2) Notice of funding allocation. The department will determine which projects, in accordance with the priority list, can be funded with the available funds and notify the respective applicants of this. If the project has not already been bid the applicant will be advised to bid the project within 60 days and submit the results to the department so that a formal grant offer can be extended to the applicant. Failure of the applicant to bid the project within 90 days will result in the project not being considered again until funds are available and one priority deadline has elapsed.
NR 126.10 History
History: Cr.
Register, March, 1975, No. 231, eff. 4-1-75.
NR 126.11(1)(a)(a) No grant offer shall be made for any project unless such project conforms with department requirements and has been determined by the department as entitled to priority over other eligible projects. All grant offers shall be made on forms prepared by the department. The grant offer shall be signed by the authorized administrator of the department and will set forth the terms and conditions of the offer.
NR 126.11(1)(b)
(b) All grant offers shall be made after bids have been received and the municipality has made tentative contract awards conditional upon state approval and a state grant under s.
281.56, Stats., or an estimated cost in the event of force account work.
NR 126.11(1)(c)
(c) If a municipality receives grant under s.
281.56, Stats., it cannot receive or retain a grant under s.
281.55, Stats., for that some project.
NR 126.11(1)(d)
(d) A municipality can receive a grant under s.
281.55, Stats., for one portion of an eligible project and a grant under s.
281.56, Stats., for a different portion of that same eligible project.
NR 126.11(1)(e)
(e) If a previous grant under s.
281.55, Stats., for a project eligible per
s. NR 126.03 is relinquished by the municipality then it can receive a grant under s.
281.56, Stats., for that same project provided that the project is eligible and entitled to priority over other projects under s.
281.56, Stats., and this code.
NR 126.11(2)
(2) Amount of grant offer. No municipality shall receive more than 10% of the funds authorized by the Wisconsin legislature for a given year, nor shall a state grant exceed 50% of the eligible costs of an approved project. The state grant plus funding from other nonlocal sources shall not exceed 80% of the eligible project costs.
NR 126.11(3)
(3) Acceptance of grant offer. If the recipient of a grant offer agrees to the terms and conditions thereof, acceptance shall be effected by signature of the authorized representative of the municipality in the designated place on all copies of the Offer and Acceptance Form. Two signed copies of the form shall be returned to the department with a certified copy of a resolution by the municipality's governing body authorizing their representative to accept the grant offer. The offer must be accepted within 40 days from the date of offer or it will be withdrawn and the funds will be obligated to another applicant.
NR 126.11 History
History: Cr.
Register, March, 1975, No. 231, eff. 4-1-75; corrections in (1) (b) to (e) made under s. 13.93 (2m) (b) 7., Stats.,
Register, May, 2001, No. 545.
NR 126.12(1)(1)
Partial payments. Partial payments will be made after inspection at the 25, 50, 75 and 90% stages of completion of the project.
