Chapter NR 162

NR 162.26 NR 162.26 Requirements for a user charge system.

NR 162.26(1) (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.

NR 162.26(2) (2) Applicability.

NR 162.26(2)(a) (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.

NR 162.26(2)(b) (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).

NR 162.26(3) (3) User charge system requirements. Any user charge system under this section shall do all of the following:

NR 162.26(3)(a) (a) Require that each user or user class pays its proportionate share of operation and maintenance costs, including replacement costs, of the storm water treatment works or BMP within the recipient’s service area.

NR 162.26(3)(b) (b) Provide that the costs of operation and maintenance for all flow not directly attributable to users be distributed proportionally among all users of the recipient’s storm water treatment works or BMP.

NR 162.26(3)(c) (c) Require that the charges for users or user classes generate sufficient revenue to pay costs identified in par. (e) 2. and 3.

NR 162.26(3)(d) (d) Require that the recipient establish an equipment replacement fund, maintain the equipment replacement fund as a separate fund of the municipality, and make deposits to this fund on an annual basis or maintain a balance acceptable to the department. This fund is to be used for the costs of replacing equipment related to the storm water treatment works or BMP, or conducting maintenance of a runoff treatment works or BMP. The municipality may also use the equipment replacement fund for unexpected unbudgeted costs incurred for continuing effective operations of the treatment works or BMP. The municipality shall periodically make appropriate adjustments to the equipment replacement fund deposit schedule or balance, including adjustments needed to bring the fund balance back up following an expenditure from the fund.

NR 162.26(3)(e) (e) Establish a financial management system that accounts for all of the following:

NR 162.26(3)(e)1. 1. Revenues generated.

NR 162.26(3)(e)2. 2. Costs of operations and maintenance of the storm water treatment works or BMP, including an appropriate amount of money to be deposited annually into the equipment replacement fund.

NR 162.26(3)(e)3. 3. Debt service costs, including debt service reserves, and debt coverage requirements, if applicable. In this subdivision, “debt coverage” means the ratio of net revenue available for debt service to the average annual debt service requirements of an issue of revenue bonds.

NR 162.26(3)(f) (f) Require the review, at least once every 2 years, of the runoff contribution of users and user classes, the total costs of operations and maintenance of the storm water treatment works or BMP, and the user charge system.

NR 162.26(3)(g) (g) Provide that each user is notified, at least annually, in conjunction with a regular bill, of the rate of charge attributable to service provided by the storm water treatment works or BMP.

NR 162.26(3)(h) (h) Be based on actual or estimated use except as provided for under s. 281.58 (14) (b) 7., Stats.

NR 162.26(4) (4) Municipal responsibilities. The municipality shall do all of the following:

NR 162.26(4)(a) (a) Incorporate the user charge system, if applicable, in one or more municipal ordinances or other legislative enactments, and make reference to the user charge system or systems in intermunicipal agreements if the project serves more than one municipality.

NR 162.26(4)(b) (b) Terminate any term or condition of any pre–existing agreement or contract between the recipient and a user that is inconsistent with the requirements of this section.

NR 162.26(4)(c) (c) Maintain records to document compliance with this section.

NR 162.26(4)(d) (d) For a runoff treatment works or BMP, demonstrate adequate legal authority established by statute, ordinance, or series of contracts to meet the provisions of s. NR 216.07 (6).

NR 162.26(5) (5) Department review. The department may annually review a recipient’s user charge system to ensure that it continues to meet the requirements of this section.

NR 162.26 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.27 NR 162.27 Procurement. Procurement requirements included in s. NR 162.08 are applicable to storm water projects.

NR 162.27 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.28 NR 162.28 Reimbursement and refinancing. Section NR 162.09 is applicable to storm water projects.

NR 162.28 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.29 NR 162.29 Loan interest rate. Section NR 162.10 is applicable to storm water projects.

NR 162.29 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.30 NR 162.30 Financial assistance agreement conditions.

NR 162.30(1) (1) Each financial assistance agreement shall require the recipient to do all of the following:

NR 162.30(1)(a) (a) Maintain a system of user charges in accordance with s. NR 162.26, if applicable as described in s. NR 162.26 (2), and maintain ordinances and other legal authorities in accordance with ch. NR 216, for the useful life of the treatment works or BMP.

NR 162.30(1)(b) (b) Comply with all pertinent requirements of federal, state, and local environmental laws and regulations.

NR 162.30(1)(c) (c) For financial assistance provided directly from a federal capitalization grant, comply with the requirements contained in 33 USC 1251 to 1274 and 33 USC 1381 to 1387, if required by the terms of the capitalization grant.

NR 162.30(1)(d) (d) Comply with all state and local laws regarding procurement and public contracts.

NR 162.30(1)(e) (e) Provide department representatives access to the scored project, including all construction activities, whenever the project is in preparation or progress. For purposes of providing access, the recipient shall do all of the following:

NR 162.30(1)(e)1. 1. The recipient shall in each of its contracts for the 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.

NR 162.30(1)(e)2. 2. The recipient shall allow DOA or its agent access to records for audits.

NR 162.30(1)(f) (f) 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 CWFP 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.

NR 162.30(1)(g) (g) 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.

NR 162.30(1)(h) (h) Promptly submit to the department a copy of any prime professional services or construction contract or modification to a contract and any revisions to plans and specifications.

NR 162.30(1)(i) (i) 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.

NR 162.30(1)(j) (j) Comply with all applicable construction site performance standards and technical standards established in ch. NR 151 for controlling runoff pollution.

NR 162.30 Note Note: Storm water technical standards, models, and BMPs are available online at https://dnr.wisconsin.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.

NR 162.30(1)(k) (k) Provide and maintain adequate construction inspection to ensure conformance with the approved plans and specifications.

NR 162.30(1)(L) (L) Notify the department of the substantial completion of the project.

NR 162.30(1)(m) (m) Maintain all required intermunicipal agreements throughout the term of the financial assistance agreement as described in s. NR 162.24 (3) (h) 2.

NR 162.30(1)(n) (n) Comply with all applicable provisions of any outstanding CWFP and safe drinking water loan program financial assistance agreements and CWFP interest rate subsidy agreements.

NR 162.30(2) (2) The financial assistance agreement is effective when all parties to the financial assistance agreement have signed it.

NR 162.30 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.31 NR 162.31 Financial management. The requirements for financial management established in s. NR 162.12 are applicable to storm water treatment works and BMP projects.

NR 162.31 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.32 NR 162.32 Financial assistance disbursements. Section NR 162.13 regarding requests for disbursement of financial assistance is applicable to storm water treatment works and BMP projects.

NR 162.32 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.33 NR 162.33 Amendments to a financial assistance agreement. Section NR 162.14 regarding amending financial assistance agreements is applicable to storm water treatment works and BMP projects.

NR 162.33 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.34 NR 162.34 Disputes. Section NR 162.15 regarding disputes is applicable to storm water treatment works and BMP projects.

NR 162.34 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.35 NR 162.35 Records and record retention. Section NR 162.16 regarding records and their retention is applicable to storm water treatment works and BMP projects.

NR 162.35 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.36 NR 162.36 Breach of contract, noncompliance, variances, and administrative fees. Sections NR 162.17, 162.18, 162.19, and 162.20 are applicable to storm water treatment works and BMP projects.

NR 162.36 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

subch. IV of ch. NR 162 Subchapter IV — Interest Rate Subsidies for Small Loans

NR 162.37 NR 162.37 Applicability. 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.

NR 162.37 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23; correction made under s. 35.17, Stats., Register October 2023 No. 814.

NR 162.38 NR 162.38 Project eligibility.

NR 162.38(1) (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):

NR 162.38(1)(a) (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:

NR 162.38(1)(a)1. 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:

NR 162.38(1)(a)1.a. 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.

NR 162.38(1)(a)1.b. 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.

NR 162.38(1)(a)2. 2. The project is necessary to achieve compliance with an enforceable wastewater requirement changed or established after May 17, 1988, if the municipality is in substantial compliance with its permit issued under ch. 283, Stats.

NR 162.38(1)(a)3. 3. The project is necessary to eliminate actual or imminent pollution of groundwater or surface water or a threat to human health in unsewered areas within a municipality. All of the following types of projects are included under this subdivision:

NR 162.38(1)(a)3.a. a. Projects for construction of a new wastewater treatment plant or upgrade of an existing plant to accept and treat wastewater from a previously unsewered area, such as projects to build or add capacity to clarifiers, aeration basins, stabilization ponds, or sludge facilities.

NR 162.38(1)(a)3.b. b. Sewage collection system projects to install sewer pipes where there were none and interceptors to carry wastewater to a new or existing wastewater treatment plant.

NR 162.38 Note Note: Traditional wastewater treatment plant and collection system projects are those that use common infrastructure and processes to collect and treat wastewater, including pipes to collect wastewater from homes and businesses and carry the water to a treatment plant that uses techniques and equipment to filter and settle out solids, aerate the water to encourage natural processes of growth of bacteria and other organisms to consume much of the waste, disinfect the processed water, and process the sludge removed from the wastewater. Traditional projects tend to collect and treat point-source pollution only, unless storm sewers contribute to the flow of water to the wastewater treatment plant or the system has infiltration or inflow problems. The purpose of some traditional projects is to fix these types of excess flow issues. Traditional wastewater treatment is discussed in the Primer for Municipal Wastewater Treatment Systems, Publication EPA 832-R-04-001, dated September 2004, available on the U.S. environmental protection agency’s website at: https://www.epa.gov/sites/default/files/2015-09/documents/primer.pdf.

NR 162.38(1)(b) (b) Individual wastewater treatment systems.

NR 162.38(1)(b)1. 1. A municipality may receive interest rate subsidy under this subchapter for a project that consists of individual systems that serve one or more properties for the purpose of treating sanitary waste if all of the following apply:

NR 162.38(1)(b)1.a. a. The municipality owns each individual system.

NR 162.38(1)(b)1.b. b. The municipality is responsible for the proper installation, operation, and maintenance of each individual system.

NR 162.38(1)(b)1.c. c. The municipality has unlimited access to each individual system at all reasonable times for the purposes of inspection, monitoring, construction, maintenance, operation, rehabilitation, and replacement of the system.

NR 162.38(1)(b)1.d. d. The municipality establishes a comprehensive program for the regulation, inspection, operation, and maintenance of individual systems and for monitoring the impact of the systems on the groundwater where required by the department.

NR 162.38(1)(b)1.e. e. The municipality complies with all other applicable requirements, limitations, and conditions for projects funded under this subchapter.

NR 162.38(1)(b)2. 2. The access required under subd. 1. c. shall be established through easements, covenants running with the land, or ordinance. The department may require that the program established under subd. 1. d. include periodic testing of water from existing potable water wells and monitoring of aquifers in the area.

NR 162.38(1)(c) (c) Storm water projects.

NR 162.38(1)(c)1. 1. A municipality may receive interest rate subsidy 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:

NR 162.38(1)(c)1.a. a. A WPDES storm water permit issued under subch. I of ch. NR 216.

NR 162.38(1)(c)1.b. b. A performance standard delineated in ch. NR 151.