Chapter NR 123

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.

NR 123.22(2)(g)2. 2. For low income residents of Wisconsin, an affidavit by the landowner or lessee stating that he or she did not have sufficient taxable income in the prior year to be required to file a Wisconsin income tax return. The affidavit shall include the landowner’s or lessee’s estimate of projected gross income in the current year.

NR 123.22(2)(g)3. 3. For part-year residents or non-residents of Wisconsin, a copy of the landowner’s or lessee’s federal income tax return for the taxable year prior to the year in which the claim is made, the separate federal income tax return for the prior year of his or her spouse, if any, and an affidavit by the landowner or lessee including the landowner’s or lessee’s estimate of projected gross income in the current year.

NR 123.22(2)(g)4. 4. For landowners or lessees with a reduction of income in the current year, an affidavit by the landowner or lessee stating the reason that a reduction in adjusted gross income is expected in the current year, the estimated amount of the reduction in adjusted gross income, and a complete listing of income subject to taxation received since January 1 of the current year. In addition to this affidavit, the landowner or lessee shall provide copy of the documentation required under subd. 1. or 3.

NR 123.22 Note Note: Claim forms are available from any Department of Natural Resources Region Office or from the Department of Natural Resources, Bureau of Community Financial Assistance, P.O. Box 7921, Madison, Wisconsin 53707.

NR 123.22 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (2) (c) 2. and cr. (2) (g), Register, February, 1991, No. 422, eff. 3-1-91; correction in (1) and (2) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1999, No. 527.

NR 123.23 NR 123.23 Issuance of an award or proceed notice.

NR 123.23(1) (1) Issuance of a proceed notice.

NR 123.23(1)(a) (a) Upon receipt of a claim, the department shall issue a proceed notice if the department determines that the claim is complete in accordance with s. NR 123.05, the department concurs with the claimant’s choice of replacement water supply or the equipment to be used for treating the contaminated private water supply and the funds left in the program appropriation are not sufficient to pay the claim. The proceed notice shall allow the claimant to begin incurring costs. The department shall issue an award as soon as funds become available.

NR 123.23(1)(b) (b) The proceed notice shall specify:

NR 123.23(1)(b)1. 1. The department approved replacement water supply or the equipment to be used for treating the contaminated private water supply;

NR 123.23(1)(b)2. 2. All eligible itemized costs; and

NR 123.23(1)(b)3. 3. The conditions to which an award, when issued, will be subject.

NR 123.23(2) (2) Issuance of an award. If the department determines that the claim is complete in accordance with s. NR 123.05, the department concurs with the claimant’s choice of replacement water supply or the equipment to be used for treating the contaminated private water supply and funds are available, the department shall issue an award. The award shall specify:

NR 123.23(2)(a) (a) The department approved replacement water supply or the equipment to be used for treating the contaminated private water supply.

NR 123.23(2)(b) (b) The cost for each eligible item as set forth in s. NR 123.21 (3).

NR 123.23(2)(c) (c) The cost for any eligible items not set forth in s. NR 123.21 (3).

NR 123.23(3) (3) Award conditions. Payment of a claim may be denied if award conditions are not met. The award will be subject to the following conditions:

NR 123.23(3)(a) (a) That all eligible work be completed in accordance with the award and a payment request, which includes items specified in s. NR 123.25 (1), be submitted within one year of the date of issuance of the award or within a project period extension approved by the department. This condition does not apply to cases where the secretary of the department has made a determination as provided in s. NR 123.21 (1) (a).

NR 123.23(3)(b) (b) That the claimant notify the department at least 48 hours prior to the commencement of the installation of the replacement water supply or equipment used for treating the contaminated private water supply.

NR 123.23(3)(c) (c) That the contaminated well shall be permanently abandoned in accordance with ch. NR 812 before any payment will be made. This condition is not applicable if the award is for the reconstruction of a contaminated private water supply, for the installation of equipment used for treating the contaminated private water supply or if the claimant is informed in writing by the department that the contaminated well is not to be abandoned so that it may be used for groundwater monitoring.

NR 123.23(3)(d) (d) That the replacement water supply up to and including any pressure tanks or reservoirs or the equipment to be used for treating the contaminated private water supply shall be in compliance with ch. NR 811 or 812 and ch. SPS 384, whichever apply, before any payment may be made.

NR 123.23(3)(e) (e) That the claimant obtain any permits or approvals required by law to install the replacement water supply or to install any equipment to be used for treating the contaminated private water supply.

NR 123.23(3)(f) (f) That the department is not responsible if the replacement water supply or if the installation of equipment used to treat the contaminated private water supply is not acceptable to the well owner or operator.

NR 123.23(3)(g) (g) That the department is not responsible if the quality of the water from the replacement water supply or after installation of equipment used to treat the contaminated private water supply is not acceptable to the well owner or operator.

NR 123.23(3)(h) (h) That if the award is for reconstruction of a private water supply or construction of a new water supply, the well drilling work shall be performed by a well driller, except that a sand point well may be installed by a pump installer.

NR 123.23(3)(i) (i) That the installed system shall be inspected and approved by the department before payment is made.

NR 123.23(3)(j) (j) That the claimant shall request reimbursement only for work approved in the award.

NR 123.23(3)(k) (k) That the claimant shall provide copies of the award and proceed notice, if one was issued, to any well driller, pump installer or other contractors that are performing work on the replacement water supply or the equipment used to treat the contaminated private water supply.

NR 123.23(3)(L) (L) That no changes from the well location, construction specifications or pump installation specifications of the grant award shall be made without department approval.

NR 123.23(4) (4) Award amendments. The department may approve changes in the award amount from that established in the award when it deems such changes are necessary to meet the objectives of this chapter. Any request for a change in the amount shall be made and fully documented by the claimant and reviewed and approved by the department. Approval of amendment requests shall be subject to the availability of funds.

NR 123.23 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (3) (a) and cr. (3) (1), Register, February, 1991, No. 422, eff. 3-1-91; corrections in (3) (c) and (d) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1995, No. 472; corrections in (2) and (3) (d) made under s. 13.93 (2m) (b) 1. and 7., Stats., Register, November, 1999, No. 527; correction in (3) (d) made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674.

NR 123.24 NR 123.24 Amount of award.

NR 123.24(1) (1) Award calculation.

NR 123.24(1)(a) (a) The award shall pay up to 75% of the eligible costs.

NR 123.24(1)(b) (b) The award may not provide for payment of any portion of eligible costs in excess of $12,000. Therefore, the maximum payment that can be made is $9,000.

NR 123.24(1)(c) (c) If the annual family income of the claimant exceeds $45,000, the amount of the award calculated under pars. (a) and (b) shall be reduced by $.30 for each $1.00 of income over $45,000.

NR 123.24(2) (2) The claimant shall be responsible for paying a minimum of $250 of eligible costs and all eligible costs not paid under sub. (1) in excess of $250.

NR 123.24(3) (3) 

NR 123.24(3)(a) (a) The award shall specify a cost of each eligible item associated with the approved replacement water supply or the equipment to be used for treating the contaminated private water supply. The costs for each eligible item are established in the flat rate cost tables in s. NR 123.21 (3).

NR 123.24(3)(b) (b) If the contamination cannot be remedied by a new or reconstructed private water supply, the maximum award for connection to an existing private or public water supply may not exceed 150% of the cost of the construction of a new private water supply. If the new construction costs cannot be established as determined by the department, the maximum eligible costs will be the total cost of the project, not to exceed $12,000. The maximum eligible costs for connection to an existing private or public water supply are subject to all other limitations in this section.

NR 123.24(3)(c) (c) The award shall specify a cost for each eligible item not specifically listed in s. NR 123.21 (3).

NR 123.24 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (1) (a) and (b), Register, February, 1991, No. 422, eff. 3-1-91; r. and recr. (1), Register, April, 1995, No. 472, eff. 5-1-95.

NR 123.25 NR 123.25 Payment.

NR 123.25(1) (1) After an award is made, and if all the conditions of the award are met, payment of the state share of the eligible costs shall be made by the department upon receipt, review and determination of completeness of the following:

NR 123.25(1)(a) (a) An itemized payment request worksheet available from the department for each well driller, pump installer, and other contractors to complete who performed eligible work. Each payment request worksheet shall list all quantities associated with the installation of the approved replacement water supply or the equipment used for treating the contaminated private water supply.

NR 123.25(1)(b) (b) A copy of the well constructor’s report completed by the well driller or the pump installer if a pump installer constructed a sand point well if the award was for a new or reconstructed well.

NR 123.25(1)(c) (c) Copies of the water sample analysis reports for samples collected by the well driller and pump installer for bacteriological analysis.

NR 123.25(1)(d) (d) A copy of the well abandonment report if the award was for the construction of a new private water supply, providing for a public water supply to replace the contaminated private water supply or a connection to an existing private water supply.

NR 123.25(1)(e) (e) A copy of an inspection report of the replacement water supply or the equipment used for treating the contaminated private water supply completed by the department.

NR 123.25(1)(f) (f) Information identifying the amount and source of any funds received from other parties to defray the costs of installing the replacement water supply or the equipment used for treating the contaminated private water supply. The department may reduce the payment if other funds received exceed 40% of the eligible costs specified in the award.

NR 123.25(2) (2) Costs based on s. NR 123.21 (3) shall be determined eligible and payment shall be made without review of receipts, invoices or canceled checks to document that costs were incurred or paid.

NR 123.25(3) (3) Payment shall be made within 30 days of receipt of the information specified in sub. (1).

NR 123.25 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (1) (f), Register, February, 1991, No. 422, eff. 3-1-91.

NR 123.26 NR 123.26 Additional claims.

NR 123.26(1) (1) Failure to eliminate contamination. A claimant who receives an award for the purpose of constructing or reconstructing a private water supply or connecting to an existing private water supply may submit a new claim if the contamination is not eliminated and, if the award was for a new or reconstructed private water supply, the well was constructed properly. Only one additional claim may be submitted under this subsection within 10 years after an award is made.

NR 123.26(2) (2) New contamination. If contamination from a new source occurs, a claimant who has received an award for the purpose of constructing or reconstructing a private water supply or connection to an existing private water supply may submit a new claim. If the previous award was for a new or reconstructed private water supply or connection to an existing private water supply, a new claim may be submitted only if the well was constructed properly.

NR 123.26 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.

NR 123.27 NR 123.27 Emergency. The department may authorize expenditures before a claim is submitted, if the department determines that an emergency situation exists. An emergency determination and expenditure authorization prior to submitting a claim does not waive the department’s authority to evaluate and approve or deny the claim for other than the authorized emergency expenditures. An emergency determination only assures the claimant that their claim will not be denied due to incurring costs prior to claim submission. A claimant seeking to qualify for emergency status and approval to incur costs, shall contact the department to explain the situation and describe a proposed replacement water supply. The claimant’s well shall be determined to be contaminated under s. NR 123.04 prior to incurring costs other than those allowed under s. NR 123.21 (1) (d) 3. The department shall confirm authorization to incur expenditures in writing. A completed claim shall be submitted to the department within 30 days of such written authorization.

NR 123.27 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.