Chapter NR 122

NR 122.04(4)(f) (f) Bonus payments made to a contractor for completing work in advance of a specified time.

NR 122.04(4)(g) (g) Costs determined by the department to be unreasonable in amount.

NR 122.04(4)(h) (h) Costs incurred for projects which commenced without departmental approval of plans and specifications.

NR 122.04(4)(i) (i) Costs for which the municipality receives federal assistance or other state assistance other than a loan which is to be repaid by the municipality.

NR 122.04(4)(j) (j) Costs associated with contract procurements not in compliance with the requirements of ch. 59, 60, 61 or 62, Stats., whichever is applicable.

NR 122.04 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; corrections in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1995, No. 477.

NR 122.05 NR 122.05 Distribution of grant assistance.

NR 122.05(1) (1) General. Grant funds shall be allocated to eligible projects in the ranking order sequence established as a result of the department’s evaluation of project applications. If grant funding available for a particular project is less than 40% of the eligible project costs proposed in the application for the project, the department may offer a reduced grant share or consider changes in the project as proposed by the applicant.

NR 122.05(2) (2) Grant application requirements. Eligible municipalities shall submit applications for grant funding in accordance with the instructions supplied by the department. Applications shall be updated as necessary to keep required information current and each applicant shall submit, in a timely manner, any additional information requested by the department. The required information shall be submitted by the due date established by the department. Failure to provide the necessary information or to meet the due date may result in the application being rejected from funding consideration. Each application shall include:

NR 122.05(2)(a) (a) A certified copy of the resolution by the applicant’s governing body authorizing the filing of the application and designating a specific municipal official to act as the authorized representative.

NR 122.05(2)(b) (b) A description of the project to include:

NR 122.05(2)(b)1. 1. A discussion of the nature and extent of the current nitrate contaminant levels within the municipal water system, any expected changes in nitrate levels in the future and the expected impact on the municipal water system and its users.

NR 122.05(2)(b)2. 2. A description of the nitrate removal methodology proposed, discussion of alternatives considered and the reasons for selecting the proposed methodology. This description shall include a discussion of the use of the proposed methodology at other locations, including experimental tests, and the success of the methodology in nitrate removal.

NR 122.05(2)(b)3. 3. A description of the chemical parameters/characteristics of the raw water supply and their impacts on the nitrate removal methodology’s effectiveness and costs.

NR 122.05(2)(c) (c) An itemized estimate of the total project costs broken down between planning, architectural and engineering design, construction or installation, and evaluation of the nitrate removal methodology. If all or part of the project work is to be contracted, bid tabulations may be submitted with the application, if available.

NR 122.05(2)(d) (d) Documentation of department approval of plans and specifications for the project or the date on which approvable plans and specifications for the project were, or will be, submitted to the department. Applicants who do not have project plan and specification approval prior to grant application submission shall submit approvable plans and specifications no later than 30 days after the municipality is notified of funding.

NR 122.05(2)(e) (e) A description of the evaluation and water quality analysis to be done before, during and after treatment to determine the effectiveness of the removal methodology.

NR 122.05(2)(f) (f) A list of places with previous experience with the proposed removal methodology.

NR 122.05(2)(g) (g) A copy of contract documents and provisions for any construction, installation, engineering or other technical services expected to be procured for the project.

NR 122.05(2)(h) (h) A description of the experience and other factors which reflect the capabilities of the municipality and its contractors to successfully complete the proposed pilot project.

NR 122.05(2)(i) (i) A commitment to submit a final report on the project within 60 days of the specified project completion date, including a description of the project, along with findings, conclusions and recommendations.

NR 122.05(3) (3) Grant application evaluation.

NR 122.05(3)(a) (a) Each grant application received on or before the established due date will receive a screening assessment to determine whether the content requirements in sub. (2) have been met. If an application does not contain all of the required information, the municipality shall be notified in writing and will have 15 days, from receipt of notice, to provide the required information to the department. Applicants which do not provide the information in a timely manner may have their application denied.

NR 122.05(3)(b) (b) All applications determined by the department to be acceptable for further consideration shall be formally evaluated by the department to determine a ranking order for grant funding. To perform the funding evaluation, the department may utilize department staff or persons not employed by the department, who are knowledgeable of public water systems and nitrate removal technology. The evaluation shall consider the following factors in determining the rank order for each application:

NR 122.05(3)(b)1. 1. The project may be assigned from 0 to 10 points based on an overall assessment of the project, taking into consideration:

NR 122.05(3)(b)1.a. a. The technical design;

NR 122.05(3)(b)1.b. b. The extent to which the proposed design meets the intent of the pilot project program;

NR 122.05(3)(b)1.c. c. The applicability of the proposed nitrate removal methodology to other public water systems;

NR 122.05(3)(b)1.d. d. The capability of the municipality and its staff, contractors or consultants to successfully complete the project;

NR 122.05(3)(b)1.e. e. The use and success of the methodology by other water systems; and

NR 122.05(3)(b)1.f. f. The ease of operation and maintenance of the proposed methodology.

NR 122.05(3)(b)2. 2. The extent to which untreated water from one or more of the wells of the municipal water system has a nitrate level of 10.0 mg/l or greater. The project may be assigned from 0 to 10 points based on this factor.

NR 122.05(3)(b)3. 3. The nitrate level in one or more of the wells of the municipal water system exceeds 7.5 mg/l but is less than 10.0 and the applicant provides other evidence which documents a substantial risk of the nitrate levels in the municipal water system increasing to or exceeding the maximum contaminant level. The project may be assigned from 0 to 5 points based on this factor.

NR 122.05(3)(b)4. 4. The nitrate level in one or more of the wells of the municipal water system is less than 7.5 mg/L and there is clear evidence of a substantial risk of future nitrate levels reaching or exceeding the maximum contaminant level. The project may be assigned from 0 to 5 points based on this factor.

NR 122.05(3)(b)5. 5. The total eligible costs of the proposed project compared to the total eligible costs of the other proposed projects that the department determines to be comparable. The determination of comparability shall be based on the proposed nitrate removal methodology and the evaluation results for the other factors contained in this section. The project may be assigned from 0 to 5 points based on this factor.

NR 122.05(4) (4) Priority ranking and notice of funding allocation.

NR 122.05(4)(a) (a) Upon completion of its evaluation of all acceptable project applications, the department shall prepare a list of the projects ranked in funding priority order. The list shall show the rank for each project, the amount of grant funding requested, and the cumulative total grant funding requested and remaining after each project. This list shall be distributed to all project applicants and other interested parties.

NR 122.05(4)(b) (b) The department shall determine which projects, in accordance with the priority ranking, can be funded with the available funds and notify each applicant of the funding allocation for its project. If the project has not been bid, the applicant shall be advised to do so and submit the bid results and tentative contract awards to the department within 60 days. Applicants who do not submit this information within the 60 day period may be removed from the funding list and not be given further funding consideration.

NR 122.05 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90.

NR 122.06 NR 122.06 Grant award.

NR 122.06(1) (1) Grant conditions. Each grant awarded under this chapter shall be subject to the following conditions:

NR 122.06(1)(a) (a) The municipality agrees to pay all of the non-state grant costs associated with the project and commits to completion of all project work.

NR 122.06(1)(b) (b) The municipality agrees that department representatives will have access to the project work whenever it is in preparation or progress. The municipality further agrees to allow department representatives access to any books, documents, plans, reports, papers and other records which are pertinent to the project, whether these records are maintained by the municipality or its contractors.

NR 122.06(1)(c) (c) In the case of a project involving construction or installation of equipment, the municipality agrees to provide construction or installation inspection adequate to insure that all project work conforms with approved plans and specifications.

NR 122.06(1)(d) (d) For any project involving procurement of equipment or contract services, the municipality agrees to comply with the requirements of ch. 59, 60, 61 or 62, Stats., whichever is applicable.

NR 122.06(2) (2) Grant offer. All grant offers shall be made after bids have been received and the municipality has made tentative contract awards conditioned upon a state grant under this chapter, or in the event of force account performance, an estimated price agreed to by the municipality and the department. No grant offer may be made for a project unless the project has been determined to be entitled to priority over other eligible projects. The grant offer shall be signed by the authorized official of the department and shall set forth the terms and conditions of the offer.

NR 122.06(3) (3) Amount of grant. The state grant offer may not exceed 40% of the total eligible project cost.

NR 122.06(4) (4) Grant acceptance. Acceptance of a grant offer shall be made by signature of the authorized representative of the municipality on documents provided by the department. If a grant offer is not accepted within 30 days from the date of offer, the department may withdraw the offer, offer the funds to another eligible applicant and remove the affected project from the funding list.

NR 122.06 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90.

NR 122.07 NR 122.07 Grant payments.

NR 122.07(1) (1) The municipality shall be paid the state grant share of eligible project costs incurred within the scope of an approved project, up to the total grant amount in the grant agreement.

NR 122.07(2) (2) In order to receive grant payment, the municipality shall submit an itemized payment request form, with backup documentation of all eligible costs incurred, in accordance with the instructions provided by the department.

NR 122.07(2)(a) (a) The municipality may request interim grant payments, when documented as above, and be paid up to a cumulative amount totalling 95% of the total grant award.

NR 122.07(2)(b) (b) The final grant payment request shall be labeled as such by the municipality and submitted with all remaining documentation. Upon completion of the final inspection and acceptance of any outstanding project reports, the department shall make the final grant payment.

NR 122.07 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90.

NR 122.08 NR 122.08 Records retention and auditing. The municipality shall retain all records pertaining to the project and make them available to the department on request for 3 years after the date of the final grant payment.

NR 122.08 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90.