Chapter NR 123

NR 123.08 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.

NR 123.09 NR 123.09 Enforcement. The following sanctions may be imposed for noncompliance with s. 281.75, Stats., the provisions of this chapter or any award made under this chapter:

NR 123.09(1) (1) The award may be terminated under s. NR 123.08;

NR 123.09(2) (2) Project costs directly related to the noncompliance may be declared ineligible;

NR 123.09(4) (4) Other administrative or judicial remedies may be instituted as legally available and appropriate.

NR 123.09(5) (5) The department may seek recovery of some or all payments.

NR 123.09 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (intro.) and r. (3), Register, February, 1991, No. 422, eff. 3-1-91; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1999, No. 527.

NR 123.20 NR 123.20 Eligibility of claimant.

NR 123.20(1) (1) 

NR 123.20(1)(a) (a) A claim may be submitted for the replacement of a contaminated private water supply which is contaminated at the time the claim is submitted under s. NR 123.04, irrespective of the time the contamination is or could have been discovered in the private water supply.

NR 123.20(1)(b) (b) A claim may be submitted for the replacement of a contaminated private water supply which does not comply with ch. NR 812 at the time of submission of the claim.

NR 123.20(1)(c) (c)

NR 123.20(1)(c)1. 1. In order to be eligible for an award under this chapter, the annual family income of the landowner or lessee of the property on which a contaminated private water supply is located may not exceed $65,000.

NR 123.20(1)(c)2. 2. Except as provided under subd. 4., annual family income shall be based upon the adjusted gross income of the landowner or lessee and landowner’s or lessee’s spouse, if any, as computed for Wisconsin income tax purposes for the taxable year prior to the year in which the claim is made.

NR 123.20(1)(c)3. 3. The department shall determine county median family income based on statistics provided by the federal department of housing and urban development for the taxable year prior to the year in which the claim is made.

NR 123.20(1)(c)4. 4. The claimant shall submit a copy of the landowner’s or lessee’s joint Wisconsin income tax return for the year prior to the year in which the claim is made; or, if filing separately, the landowner’s or lessee’s separate Wisconsin income tax return and the separate Wisconsin income tax return of his or her spouse, if any, for the year prior to the year in which the claim is made. The department may disregard the Wisconsin income tax return for the year prior to the year in which the claim is made and may determine annual family income based on satisfactory evidence of income in the current year as provided under s. NR 123.22 (2) (g) 2. through 4.

NR 123.20(2) (2) 

NR 123.20(2)(a) (a) Except as provided under sub. (4), a landowner or lessee of property on which a contaminated private water supply is located, or the spouse, dependent, heir, assignee or legal representative of the landowner or lessee may submit a claim under this chapter.

NR 123.20(2)(b) (b) The department shall consolidate claims if more than one claimant submits a claim to replace the same contaminated private water supply.

NR 123.20(2)(c) (c) The department may consolidate claims and recommend the replacement of several contaminated private water supply systems with a single water supply system if it deems the replacement to be the most cost effective solution and the claimants agree to a single system. Each original claimant shall be eligible for an award amount as established under s. NR 123.24 for their share of the cost of the replacement system.

NR 123.20(3) (3) The department may delay approval of a claim if the department determines that a municipal water supply may be the most feasible solution to the problem of contaminated private water supplies in the area.

NR 123.20(4) (4) The following may not submit a claim under this subchapter:

NR 123.20(4)(a) (a) The state;

NR 123.20(4)(b) (b) An office, department, independent agency, institution of higher education, association, society, or other body in state government;

NR 123.20(4)(c) (c) An authority created under ch. 231 or 234, Stats.;

NR 123.20(4)(d) (d) A city, village, town, county or special purpose district;

NR 123.20(4)(e) (e) A federal agency, department or instrumentality;

NR 123.20(4)(f) (f) An interstate agency.

NR 123.20 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; cr. (1) (c), Register, February, 1991, No. 422, eff. 3-1-91; r. and recr. (1) (c) 1., Register, April, 1995, No. 472, eff. 5-1-95; correction in (1) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1995, No. 472.

NR 123.21 NR 123.21 Eligible and ineligible costs.

NR 123.21(1) (1) Eligible costs. Eligible costs include the following items:

NR 123.21(1)(a) (a) Obtaining an alternate water supply for a maximum period of one year after the date of issuance of a proceed notice or an award as provided in s. NR 123.23, or until the replacement water supply or equipment used for treating the contaminated private water supply has been installed and completed, whichever is earlier. If it is determined by the secretary of the department that the contamination in the private water supply can be expected to be remedied in 2 years or less, an award or proceed notice may be issued for an alternate water supply for up to a 2 year period or until the well is no longer contaminated, whichever is earlier. At the end of this period, the department shall review water quality data for this water supply to determine if contamination has been remedied. If the well is still contaminated, the department shall request the claimant to submit any information necessary to complete his or her claim application. Once the claim is complete, the application review process will resume.

NR 123.21(1)(b) (b) A replacement water supply which includes new or reconstructed wells, providing for a municipal water supply or providing a connection to an existing public or private water supply.

NR 123.21(1)(c) (c) Equipment used for treating the contaminated private water supply only if it is not feasible to remedy the contamination with a replacement water supply.

NR 123.21(1)(d) (d) Other costs as deemed necessary by the department. These may include but are not limited to the following:

NR 123.21(1)(d)1. 1. Purchasing and installing a pump, if a new pump is necessary for the new or reconstructed private water supply.

NR 123.21(1)(d)2. 2. The cost of abandoning a contaminated private water supply, if a new private water supply is constructed or if providing for a public water supply or if connection to an existing private water supply is obtained.

NR 123.21(1)(d)3. 3. The cost of obtaining a maximum of 2 water sample analyses to show that the private water supply was contaminated if the cost of those tests was originally paid by the claimant. Payment will be made for analysis for additional parameters if these tests were requested by the department as part of the 2 tests demonstrating well contamination.

NR 123.21(1)(d)4. 4. Replacement, relocation or installation of new piping, pitless adapters, pressure or booster tanks, or both, and any other appurtenances deemed necessary by the applicant and approved by the department to connect the replacement water supply to the buildings served by it.

NR 123.21(1)(d)5. 5. Landscaping costs to restore the site to preconstruction conditions. Costs of improvement or decoration are not eligible. Landscaping costs include the costs of excavating and replacing portions of streets, sidewalks, driveways or other similar items to allow for the installation or relocation of piping.

NR 123.21(1)(e) (e) If the replacement water supply is to be provided by connection to a municipal water supply, the eligible costs include the costs listed under par. (d) 2., 3. and 5., and the following additional items:

NR 123.21(1)(e)1. 1. The claimant’s costs of obtaining an alternate water supply for a maximum period of 2 years after the date of issuance of a proceed notice or an award as provided in s. NR 123.23, or until the municipal water supply has been installed and completed, whichever is earlier.

NR 123.21(1)(e)2. 2. The claimant’s costs assessed by the municipality for the municipality’s direct capital costs of providing a municipal water supply. These costs may include the direct capital costs for the installation of surface water inlet piping, treatment and appurtenances, new wells, pumps, pump controls, pumphouses, water storage facilities, distribution mains, water meters, auxiliary power, valves and other appurtenances, test wells and continuous chlorination. Eligible costs are limited to the minimum capacity necessary to provide a municipal water supply to the dwelling unit with a contaminated private water supply. The minimum capacity does not include capacity required for fire protection, residential and industrial growth, or dwelling units not having a contaminated private water supply.

NR 123.21(1)(e)3. 3. The cost of installing the lateral connection from the distribution main to the dwelling unit with a contaminated private water supply.

NR 123.21(1)(e)4. 4. The cost of connecting the lateral connection to the internal plumbing of the dwelling unit with a contaminated private water supply.

NR 123.21(1)(e)5. 5. The cost of a water meter installed at the dwelling unit with a contaminated private water supply.

NR 123.21(2) (2) Ineligible costs. Payment may not be made for ineligible costs. Ineligible costs include the following items:

NR 123.21(2)(a) (a) The replacement of a sand point well with a drilled well unless:

NR 123.21(2)(a)1. 1. The department determines that replacement with another sand point well is not feasible; and

NR 123.21(2)(a)2. 2. The department determines that the claimant had no knowledge or reason to believe the sand point well would become contaminated at the time it was constructed.

NR 123.21(2)(b) (b) Any costs incurred prior to the date of issuance of the award or proceed notice except for the costs described in sub. (1) (d) 3. and s. NR 123.27.

NR 123.21(2)(c) (c) A replacement well greater than 7 inches in outside diameter (O.D.).

NR 123.21(2)(d) (d) A replacement well screen greater than 10 feet in length.

NR 123.21(2)(e) (e) Any consulting, engineering or cost estimating fees.

NR 123.21(2)(f) (f) Any state, county or local permit fees.

NR 123.21(2)(g) (g) Relocation, replacement or abandonment of sewer piping, buried gasoline or fuel oil tanks, or other similar items.

NR 123.21(2)(h) (h) Any costs incurred in the installation of a replacement water supply or equipment used for treating the contaminated private water supply that are not approved by the department.

NR 123.21(2)(i) (i) Any costs incurred in the installation of equipment used for treating a replacement water supply, except as provided in s. NR 123.26.

NR 123.21(2)(j) (j) Mileage, phone, postage, and other miscellaneous costs incurred by the claimant.

NR 123.21(2)(k) (k) Any land acquisitions, municipal administrative costs, laboratory facilities, fire protection and municipal water treatment facilities other than for continuous chlorination, or treatment of surface water supplies.

NR 123.21(2)(L) (L) The claimant’s share of any assessment for distribution mains that are not necessary to provide a municipal water supply to dwelling units eligible under s. NR 123.20.

NR 123.21(3) (3) Flat rate cost tables. The following tables establish costs for well construction, pump installation and other costs. The tables include costs for materials, labor and taxes. These tables are used to determine the eligible costs for grant award and payment amounts.

NR 123.21(3)(a) (a) Well construction cost.

NR 123.21(3)(b) (b) Pump installation cost.

NR 123.21(3)(c) (c) Other Costs.

NR 123.21(4) (4) Exceptions to the cost tables.

NR 123.21(4)(a) (a) The department may establish eligible costs for replacement water supplies which are not covered by the cost tables on a case-by-case basis.

NR 123.21(4)(b) (b) The maximum eligible cost for installation of the replacement water supply or equipment used for treating the contaminated private water supply done on property owned by a licensed well driller, licensed pump installer or other contractors shall be limited to two-thirds of the cost table amounts or $8,000, whichever is less, for all work that the licensed well driller, licensed pump installer or other contractors may legally and practically perform on the project.

NR 123.21 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (1) (a), (b) and (c), cr. (1) (e), (2) (k) and (1), and (3) (c) 16., Register, February, 1991, No. 422, eff. 3-1-91; r. and recr. (3), Register, April, 1995, No. 472, eff. 5-1-95.

NR 123.22 NR 123.22 Claim application.

NR 123.22(1) (1) In order to be considered for an award or proceed notice, a claimant shall submit a completed claim in accordance with s. NR 123.05, to the department. The department shall assist claimants in completing claims and revising claims in order to fulfill the purpose of s. 281.75, Stats.

NR 123.22(2) (2) The claim shall contain:

NR 123.22(2)(a) (a) A claim form available from the department.

NR 123.22(2)(b) (b)

NR 123.22(2)(b)1. 1. Two water sample analyses results, analyzed by the state laboratory of hygiene or by a laboratory certified under s. 299.11, Stats., which show that the private water supply is contaminated as defined in s. NR 123.03 (5); or

NR 123.22(2)(b)2. 2. An advisory issued by the department.

NR 123.22(2)(c) (c) A description of the proposed replacement water supply.

NR 123.22(2)(c)1. 1. The description shall include an analysis of each of the following options:

NR 123.22(2)(c)1.a. a. Reconstruction of the contaminated private water supply;

NR 123.22(2)(c)1.b. b. Construction of a new private water supply;

NR 123.22(2)(c)1.c. c. Providing for a public water supply to replace the contaminated private water supply; or,

NR 123.22(2)(c)1.d. d. Providing a connection to an existing private water supply.

NR 123.22(2)(c)2. 2. The analysis shall include a detailed description of each replacement water supply alternative or an explanation of why any of the replacement water supply alternatives are considered not feasible. The claimant shall propose the replacement water supply. If it is not feasible to remedy the problem of the contaminated private water supply with a replacement water supply, then a detailed description of the equipment to be used for treating the contaminated private water supply shall be supplied. The department shall approve the least costly feasible replacement water supply which will remedy the contamination.

NR 123.22(2)(d) (d) A copy of a plat map indicating the location of the well and the legal description of the property.

NR 123.22(2)(e) (e) A copy of an inspection report of the contaminated private water supply completed by the department.

NR 123.22(2)(f) (f) An affidavit by the claimant verifying that the information in the claim is true to the best of his or her knowledge.

NR 123.22(2)(g) (g) Evidence of annual family income of the landowner or lessee of property on which the contaminated private water supply is located. Evidence of annual family income shall consist of one of the following:

NR 123.22(2)(g)1. 1. A copy of the landowner’s or lessee’s joint Wisconsin income tax return for the year prior to the year in which the claim is made; or, if filing separately, the landowner’s or lessee’s separate Wisconsin income tax return and the separate Wisconsin income tax return of his or her spouse, if any, for the year prior to the year in which the claim is made.