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Register June 2017 No. 738
Chapter NR 166
Subchapter I — General
NR 166.01   Purpose.
NR 166.02   Applicability.
NR 166.03   Definitions.
Subchapter II — Financial Assistance Requirements
NR 166.04   Types of financial assistance available.
NR 166.05   Annual funding policy, project priority list and funding list.
NR 166.06   Project eligibility.
NR 166.07   Cost eligibility.
NR 166.08   Notice of intent to apply.
NR 166.09   Engineering report.
NR 166.10   Application.
NR 166.11   Financial assistance requirements.
NR 166.12   Procurement.
NR 166.13   Loan interest rates.
NR 166.14   Financial assistance agreement conditions.
NR 166.15   Financial management.
NR 166.16   Financial assistance disbursements.
NR 166.17   Amendments to financial assistance agreement.
NR 166.18   Disputes.
NR 166.19   Records and records retention.
NR 166.20   Breach of contract.
NR 166.21   Noncompliance.
NR 166.22   Variances.
Subchapter III — Priority Scoring and Ranking System
NR 166.23   Priority scoring criteria.
NR 166.24   Procedure for determining and updating project priority scores.
NR 166.25   Project ranking system.
Ch. NR 166 Note Note: Chapter NR 166 was created as an emergency rule effective March 18, 1998. Chapter NR 166 as it existed on December 31, 2001 was repealed and a new chapter NR 166 was created effective January 1, 2002. Chapter NR 166 as it existed on May 31, 2007 was repealed and a new chapter NR 166 was created Register May 2007 No. 617, effective June 1, 2007. Chapter NR 166 as it existed on June 30, 2015, was repealed and a new chapter NR 166 was created by CR 14-044, Register June 2015 No. 714, effective July 1, 2015.
subch. I of ch. NR 166 Subchapter I — General
NR 166.01 NR 166.01Purpose. The purposes of this chapter are all of the following:
NR 166.01(1) (1) Establish rules under ss. 281.59 and 281.61, Stats., for the implementation and administration of a financial assistance program to plan, design, construct, or modify public water systems.
NR 166.01(2) (2) Establish a priority system for the distribution of safe drinking water loan program financial assistance as provided in s. 281.61, Stats., and the mechanisms and methodology to be used to modify the priority system.
NR 166.01 Note Note: All forms necessary for financial assistance under this chapter may be acquired at no charge from the Department of Natural Resources, Bureau of Community Financial Assistance, 101 S. Webster St., P.O. Box 7921, Madison, Wisconsin 53707–7921. The forms are also available on the Department of Natural Resources website.
NR 166.01 History History: CR 14-044: cr. Register June 2015 No. 714, eff. 7-1-15.
NR 166.02 NR 166.02Applicability. This chapter applies to all applicants for and recipients of financial assistance to plan, design, construct, or modify public water systems made pursuant to ss. 281.59 and 281.61, Stats. Compliance with the applicable requirements of this chapter is a prerequisite to receiving financial assistance under ss. 281.59 and 281.61, Stats.
NR 166.02 History History: CR 14-044: cr. Register June 2015 No. 714, eff. 7-1-15.
NR 166.03 NR 166.03Definitions. In this chapter:
NR 166.03(1) (1) “Action level" or “AL" has the meaning given in s. NR 809.04 (1).
NR 166.03 Note Note: In s. NR 809.04 (1), “action level" is the concentration of lead or copper in water which determines, in some cases, the treatment requirements that a public water system is required to complete.
NR 166.03(2) (2) “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.
NR 166.03(3) (3) “Applicant" means any municipality that applies for financial assistance under ss. 281.59 and 281.61, Stats.
NR 166.03(4) (4) “Approval" means the written approval of the department.
NR 166.03(6) (6) “Block group" means a subdivision of a census tract made up of a cluster of blocks having the same first digit of their four-digit identifying numbers within the tract.
NR 166.03(7) (7) “Breach of contract" means the failure of the financial assistance recipient to comply with any of the following:
NR 166.03(7)(a) (a) The terms and conditions of the financial assistance agreement.
NR 166.03(7)(b) (b) The terms and conditions of the municipal obligation resolution authorizing the issuance and sale of bonds or notes to the safe drinking water loan program.
NR 166.03(8) (8) “Capital improvement" means construction resulting in improvements to real property or depreciable property, or both, or adding to the value or useful life of these assets, including structural improvements such as constructing new wells or elevated storage tanks or modifying existing facilities, or improvements that enhance usefulness or productivity, including replacing an existing pump with a more efficient new pump.
NR 166.03 Note Note: The following are examples of capital improvements: drilling a new well and constructing a well house; upgrading existing equipment or installing new, more efficient process equipment, such as pumps, and chemical feed or other treatment equipment; constructing new buildings or facilities; adding to or constructing major renovations of existing facilities; replacing aged or undersized water mains; constructing a water system crossing of a highway, railroad, or waterbody; constructing a watermain loop to eliminate one or more dead ends in the water system; upgrading or improving an existing storage tank, including recoating the entire exterior or entire interior, or both, of a storage tank; installing security, a supervisory control and data acquisition system, or monitoring equipment as part of a scored project.
NR 166.03(9) (9) “Census block" means the smallest unit for which the U.S. census bureau collects and tabulates population information in the decennial census and income information in the ACS.
NR 166.03(10) (10) “Census designated place" means a statistical area delineated for each decennial census according to U.S. census bureau guidelines for the purpose of presenting census data and ACS data for a concentration of population, housing, and commercial structures that is locally identifiable by name, but is not within an incorporated place.
NR 166.03(11) (11) “Census tract" means a small, relatively permanent statistical subdivision of a county used in the decennial census and the American community survey, delineated for the purpose of presenting data, typically following visible features or governmental boundaries or both, including approximately 4,000 inhabitants, and designed to be a relatively homogeneous unit with respect to population characteristics, economic status, and living conditions.
NR 166.03(12) (12) “Change order" means an action that specifies and justifies a change to a construction contract that alters the time of completion, the contract scope of work, the total price, or a combination of any of these.
NR 166.03(13) (13) “Community water system" means a public water system which serves at least 15 service connections used by year–round residents or regularly serves at least 25 year–round residents. Any water system serving 7 or more homes, 10 or more mobile homes, 10 or more apartment units or 10 or more condominium units shall be considered a community water system unless information is provided by the owners indicating that 25 year–round residents will not be served.
NR 166.03(14) (14) “Construction" means a set of actions taken to make a capital improvement, including any of the following actions:
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.