Chapter NR 123

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.