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NR 162.04(1)(a)12. 12. `Fees.' Fees paid by the municipality for any of the following:
NR 162.04(1)(a)12.a. a. Permits obtained for construction, including building, electrical, and plumbing permits, pit or trench dewatering permits, construction site storm water permits, and railroad crossing permits.
NR 162.04 Note Note: Permit fees are not required by the department for waterway projects authorized under ch. 30, Stats., that are funded in whole or in part by any federal or state agency. Therefore, if a municipality at the time of purchase of a permit under ch. 30, Stats., pays a fee for the permit due to not identifying the project as being funded with state or federal funds, the fee is not eligible for reimbursement by the CWFP.
NR 162.04(1)(a)12.b. b. Legal fees of an attorney that is not an on-staff municipal attorney, including costs of legal reviews of architectural, engineering, or construction contracts, user charge systems and sewer use ordinances, management plans, intermunicipal agreements, and legal work necessary for securing eligible permits.
NR 162.04(1)(a)12.c. c. Service fees paid to a state or federal agency, except administrative fees paid annually along with principal and interest payments on a CWFP loan.
NR 162.04(1)(a)13. 13. `Groundwater monitoring.' Installing groundwater monitoring equipment or facilities.
NR 162.04(1)(a)14. 14. `Insurance.' Purchasing insurance necessary during construction of the scored project, including property, liability, builder's risk, and construction insurance.
NR 162.04(1)(a)15. 15. `Interim debt.' Costs associated with interim debt for the scored project as delineated in sub. (3).
NR 162.04(1)(a)16. 16. `Laboratories.' Laboratory equipment related to initial setup or a significant upgrade or expansion of an on-site laboratory if requested in the financial assistance application.
NR 162.04(1)(a)17. 17. `Land acquisition.' Acquiring land, including purchase cost and administrative and legal expenses if any of the following applies:
NR 162.04(1)(a)17.a. a. The land will be used for storage of treated wastewater in land treatment systems before land application.
NR 162.04(1)(a)17.b. b. The land will be used for composting or temporary storage of compost residues that result from wastewater treatment if the department has approved a program for use of the compost.
NR 162.04(1)(a)17.c. c. The land is property on which the wastewater treatment works, biosolids facility, or lift stations will be located.
NR 162.04(1)(a)17.d. d. The land will serve to isolate a treatment facility as required under s. NR 110.15 (3) (d).
NR 162.04(1)(a)17.e. e. The land will be used for sludge spreading.
NR 162.04(1)(a)17.f. f. The land is the property on which individual systems are or will be located if the systems are publicly owned and maintained.
NR 162.04(1)(a)18. 18. `Lines to public sewer mains.' Pumping units and pressurized lines from the pumping units to the public sanitary sewer main, or holding and septic tanks and their sewer lines to the public sanitary sewer main, that are included in a sewage collection system, are cost–effective, and are owned and maintained by the applicant municipality.
NR 162.04(1)(a)19. 19. `Management plans.' Developing a detailed management plan related to a scored project.
NR 162.04(1)(a)20. 20. `Municipal staff, equipment, and materials.' Municipal expenses incurred solely for the scored project and documented by the municipality as force account work, including any of the following:
NR 162.04(1)(a)20.a. a. Salary and benefits of municipal employees, except elected officials or on-staff attorneys, for time spent working directly on the scored project.
NR 162.04(1)(a)20.b. b. Expendable material costs incurred by the municipality.
NR 162.04(1)(a)20.c. c. Estimated costs incurred using equipment owned by the municipality.
NR 162.04(1)(a)21. 21. `Municipally owned facilities on private property.' Grinder pumps, sewer laterals, service connections, service branches, risers, and riser pipes if located on private property and municipally owned and municipally maintained or if located on municipally owned land.
NR 162.04(1)(a)22. 22. `Pretreatment or toxicity reduction.' Developing a municipal pretreatment or toxicity reduction program and constructing facilities to be used by the municipal treatment works in the program, including monitoring equipment.
NR 162.04(1)(a)23. 23. `Professional services.' Engineering, architectural, legal, and other professional services and fees, including any of the following:
NR 162.04(1)(a)23.a. a. Conducting value engineering studies or analyses during the design phase.
NR 162.04(1)(a)23.b. b. Conducting system evaluations and studies.
NR 162.04(1)(a)23.c. c. Developing facilities plans and engineering reports.
NR 162.04(1)(a)23.d. d. Developing, preparing, and submitting plans and specifications.
NR 162.04(1)(a)23.e. e. Preparing, printing, and distributing bidding documents.
NR 162.04(1)(a)23.f. f. Gathering documents and information for, completing, and submitting CWFP financial assistance applications or interest rate subsidy applications and other forms required for financial assistance.
NR 162.04(1)(a)23.g. g. Developing or revising an operations and maintenance manual.
NR 162.04(1)(a)23.h. h. Preparing a plan of operation for the project.
NR 162.04(1)(a)23.i. i. Advertising for and conducting bid lettings.
NR 162.04(1)(a)23.j. j. Analyzing bids, preparing award recommendations, and preparing contracts.
NR 162.04(1)(a)23.k. k. Providing construction management, observation, and inspection.
NR 162.04(1)(a)23.L. L. Preparing for and facilitating public education and participation opportunities.
NR 162.04(1)(a)23.m. m. Travel, indirect costs, and labor for services provided for the scored project.
NR 162.04(1)(a)23.n. n. Developing or updating a user charge system or a sewer use ordinance for wastewater treatment and the sewerage system in the municipality.
NR 162.04(1)(a)23.o. o. Preparing environmental assessment reports and evaluations.
NR 162.04(1)(a)23.p. p. Conducting archaeological surveys and gathering historical site information.
NR 162.04(1)(a)23.q. q. Providing municipal advisor or bond counsel services related to loan closing or the issuance of bonds.
NR 162.04(1)(a)23.r. r. Preparing a water conservation plan.
NR 162.04(1)(a)23.s. s. Producing record drawings.
NR 162.04(1)(a)23.t. t. Updating or upgrading treatment works maps of the areas impacted by the scored project.
NR 162.04(1)(a)23.u. u. Monitoring required use of American-made products.
NR 162.04(1)(a)23.v. v. Providing administration of activities related to the federal Davis-Bacon and Related Acts or other wage requirements.
NR 162.04 Note Note: Links to the Davis-Bacon and Related Acts can be found on the U.S. department of labor's website at https://www.dol.gov/agencies/whd/government-contracts/construction/laws. The Davis-Bacon Act is found in 40 USC 3141 et seq. with procedures and rules in 29 CFR Parts 1 to 7.
NR 162.04(1)(a)23.w. w. Conducting research or energy audits for incorporation of energy and water efficiency and conservation into the planning and design of a project.
NR 162.04 Note Note: When 10 percent or more of the project's construction and equipment costs are deemed ineligible for CWFP financial assistance, the costs associated with engineering for those ineligible construction and equipment costs are also ineligible under sub. (2) (h).
NR 162.04(1)(a)24. 24. `Project site.' Construction-related work activities at the project site of a scored project, including any of the following:
NR 162.04(1)(a)24.a. a. Landscaping areas impacted by construction of the scored project.
NR 162.04(1)(a)24.b. b. Reconnecting laterals due to the rehabilitation of a publicly-owned treatment works.
NR 162.04(1)(a)24.c. c. Relocating watermains or storm sewers if necessary for construction, and replacing pipes with the same size or required minimum size pipe if breakage from construction occurs.
NR 162.04(1)(a)24.d. d. Erecting project and treatment works identification signs.
NR 162.04(1)(a)24.e. e. Preparing a site for construction, including surveying, staking, and grading.
NR 162.04(1)(a)24.f. f. Restoring the construction site to original condition or, when necessary, upgrading the site to meet state and local requirements.
NR 162.04(1)(a)24.g. g. Removing, relocating, or replacing utilities, providing temporary utilities, installing new utility equipment, or upgrading utilities if necessary for construction of the scored project and the recipient is legally obligated to pay these costs. This subd. 24. g. does not apply to storm water pipes.
NR 162.04(1)(a)25. 25. `Safety.' Purchasing and installing safety equipment related to the scored project.
NR 162.04(1)(a)26. 26. `Sanitary sewers.' Evaluation, new installation, replacement, and lining and other rehabilitation of sanitary sewer pipes.
NR 162.04(1)(a)27. 27. `Security.' Purchasing and installing security equipment and appurtenances for the treatment works, including surveillance cameras, fencing, security alarms, and motion detectors, and conducting a vulnerability assessment if necessary for determining security needs.
NR 162.04(1)(a)28. 28. `Septage facilities.' Facilities for receiving, storing, or treating septage.
NR 162.04(1)(a)29. 29. `Sludge removal.' Removing sludge when necessary as part of a scored project, including treatment plant upgrades, lagoon abandonment, conversion of a lagoon into an equalization basin, or other capital improvements.
NR 162.04(1)(a)30. 30. `Special assessment fees.' Financial and legal costs associated with the process of preparing and implementing special assessments when the municipality is pledging special assessments toward repayment of its CWFP loan.
NR 162.04(1)(a)31. 31. `Staffing evaluations.' Conducting an evaluation of staffing needs to determine appropriate changes to staffing levels as a result of the scored project.
NR 162.04(1)(a)32. 32. `Startup.' Startup expenses for a treatment works incurred solely because of the scored project, including costs for any of the following:
NR 162.04(1)(a)32.a. a. Preparing a startup curriculum and training materials.
NR 162.04(1)(a)32.b. b. Initial training of operating personnel on new or modified equipment, laboratory procedures, computers, controls, records management, and treatment processes.
NR 162.04(1)(a)32.c. c. Obtaining expert operational assistance for adjustments to the treatment process.
NR 162.04(1)(a)32.d. d. Implementing a maintenance management system.
NR 162.04(1)(a)32.e. e. Trucking seed sludge for startup of the activated sludge process.
NR 162.04(1)(a)32.f. f. Attending off-site formal training programs if necessary for the initial operation of the constructed treatment works.
NR 162.04(1)(a)32.g. g. Purchasing the first fuel fill-up for new equipment, such as generators.
NR 162.04(1)(a)32.h. h. Obtaining necessary computers, upgrades, and software.
NR 162.04(1)(a)33. 33. `Storm sewers.'
NR 162.04(1)(a)33.a.a. Replacing storm sewers of the same size or required minimum size if breakage occurs due to construction of a scored project and the existing storm sewers are in direct conflict with the installation of new sanitary sewer pipes in a new location.
NR 162.04(1)(a)33.b. b. Installing new or replacing existing storm sewers or BMPs for controlling on-site runoff at treatment facilities, lift stations, septage receiving facilities and other treatment works facilities and properties.
NR 162.04 Note Note: Storm water control sewers or BMPs described in subd. 33. are considered wastewater treatment projects as they are designed for purposes of controlling storm water around wastewater treatment works facilities, and projects for these sewers or BMPs would be funded under subch. II rather than under subch. III for storm water projects.
NR 162.04(1)(a)34. 34. `Street restoration.' Restoring streets and rights-of-way, and repairing items damaged during construction of the scored project, such as pavement, sidewalks, water mains, and storm sewers. Eligibility of costs may be prorated based on participation by one or more other funding sources, or on the percent of the project attributable to CWFP-eligible activities.
NR 162.04 Note Note: Other funding sources that tend to participate in the types of projects that involve street restoration include the department of transportation, the community development block grant program, and the U.S. department of agriculture rural development community programs. Proration of costs can be due to the other funding source covering a portion of costs that would otherwise be eligible for CWFP funding or because some of the project costs are not eligible, such as watermain costs being ineligible when the project purpose is to replace both watermains and sanitary sewers.
NR 162.04(1)(a)35. 35. `Watermains.' Relocating watermains if necessary for construction, and, if breakage due to construction of a scored project occurs, replacing watermains of the same size or required minimum size.
NR 162.04(1)(b) (b) Eligible at market rate. Costs eligible for market interest rate financing of a scored project include any of the following:
NR 162.04(1)(b)1. 1. The cost of reserve capacity for sewage collection system, interceptor, or individual system projects in unsewered municipalities necessary to serve projected flows beyond the initial flows expected at the project completion date.
NR 162.04(1)(b)2. 2. The cost of reserve capacity for wastewater projects necessary to treat projected flows beyond 10 years from the project completion date.
NR 162.04(1)(b)3. 3. The cost of capacity for present and future flows from industrial wastewater users or from industrial areas regulated under ch. NR 216.
NR 162.04(1)(b)4. 4. The cost for the flow from state and federal facilities if the flow from these facilities exceeds 5 percent of the total flow to the treatment works.
NR 162.04(1)(b)5. 5. The cost of any portion of a project to correct violations of effluent limitations contained in a permit issued under ch. 283, Stats.
NR 162.04(1)(b)6. 6. Costs for providing sewers in a previously unsewered area in accordance with s. 281.58 (8) (c), Stats.
NR 162.04 Note Note: A scored project in an unsewered area is eligible for below-market-rate financing if the department finds that at least two-thirds of the initial flow will be wastewater originating from residences in existence at least 20 years prior to submittal of the financial assistance application. If an unsewered project does not meet the two-thirds rule, s. 281.58 (8) (c), Stats., allows the CWFP to fund the project at market rate only.
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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.