Chapter NR 125

Chapter NR 125

STATE GRANTS FOR WATER POLLUTION CONTROL FACILITIES

NR 125.01   Purpose.

NR 125.02   Definitions.

NR 125.03   Eligibility for a state grant.

NR 125.04   Eligible costs.

NR 125.05   Costs not eligible.

NR 125.06   Preliminary project evaluation.

NR 125.07   Grant applications.

NR 125.08   Departmental processing of applications.

NR 125.09   Priority designation.

NR 125.10   Priority list, closing date.

NR 125.11   Grant awards.

NR 125.12   Payment procedure.

Ch. NR 125 Note Note: Chapter NR 125 as it existed on July 31, 1976 was repealed and a new chapter NR 125 was created, effective August 1, 1976.

NR 125.01 NR 125.01 Purpose. The purpose of this chapter is to establish rules under s. 281.55, Stats., for the administration of state grants to municipalities for small improvement projects for sanitary sewage treatment facilities and for compliance maintenance planning.

NR 125.01 History History: Cr. Register, July, 1976, No. 247, eff. 8-1-76; am. Register, April, 1989, No. 400, eff. 5-1-89; correction made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2001, No. 545.

NR 125.02 NR 125.02 Definitions.

NR 125.02(1) (1) “Compliance maintenance planning” means planning for a project which the department determines is necessary to prevent a municipality from significantly exceeding an effluent limitation, as defined in s. 283.01 (6), Stats.

NR 125.02(2) (2) “Department” means the department of natural resources.

NR 125.02(3) (3) “Industrial wastes” means the liquid wastes from manufacturing processes or food processing.

NR 125.02(4) (4) “Municipality” means a city, township, village, county, sanitary district, county utility district, metropolitan sewerage district or school district that is authorized by state statute to own, operate, maintain, finance and construct a publicly owned sewer system or sewage treatment plant.

NR 125.02(5) (5) “Small improvement project” means a project of less than $100,000 total cost which improves the sewage treatment capability of an existing sewage treatment plant. Small improvement project includes, but is not limited to, disinfection, phosphate removal, state required testing and monitoring equipment and other improvements to sewage treatment capabilities. Small improvement project does not include administration, operation, maintenance or replacement in kind of equipment or facilities.

NR 125.02(6) (6) “Start of construction” means the signing of all eligible project construction contracts by the contractors and the municipality or the first excavation if the work is done by force account.

NR 125.02 History History: Cr. Register, July, 1976, No. 247, eff. 8-1-76; r. (3), renum. (1), (2) and (4) to be (2), (4) and (3), cr. (1), r. and recr. (5), Register, April, 1989, No. 400, eff. 5-1-89; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2001, No. 545.

NR 125.03 NR 125.03 Eligibility for a state grant.

NR 125.03(1) (1) Eligible projects.

NR 125.03(1)(a) (a) The department may award grants to municipalities for small improvement projects for existing sewage treatment facilities.

NR 125.03(1)(b) (b) After June 30, 1988, and before July 1, 1990, the department may award grants to municipalities for compliance maintenance planning.

NR 125.03(2) (2) Ineligible projects. Grants shall not be made for the following projects:

NR 125.03(2)(a) (a) Sewers to carry only industrial wastes.

NR 125.03(2)(b) (b) Projects to construct new sanitary sewers, to replace existing sewers or to increase the capacity of an existing sanitary sewer collection system.

NR 125.03(2)(c) (c) Construction of any part of a storm sewer system or storm water treatment facilities.

NR 125.03(2)(d) (d) A project to repair or replace existing components or devices which are part of a pollution prevention and abatement facility and which are needed to maintain the degree of treatment or flows for which the facility was designed prior to when the service life has been exceeded and when it is more cost effective to replace the entire plant than to repair parts of it.

NR 125.03(2)(e) (e) Projects not in conformance with the applicable waste treatment management plans approved by the department.

NR 125.03(2)(f) (f) A project on which the municipality has awarded contracts or on which force account construction has commenced prior to approval by the department of the final detailed construction plans and specifications.

NR 125.03(2)(g) (g) Maintenance, administrative, operational and garage facilities for sewer systems.

NR 125.03(2)(h) (h) A project not competitively bid in accordance with chs. 59, 60, 61, 62 and 66, Stats.

NR 125.03(2)(i) (i) The laterals (both pressure and gravity) from the public street property line to the building.

NR 125.03(2)(j) (j) A project that receives a Step III construction grant under P.L. 92-500 as amended.

NR 125.03 History History: Cr. Register, July, 1976, No. 247, eff. 8-1-76; cr. (2) (k), Register, October, 1976, No. 250, eff. 11-1-76; r. (1), am. (2) (b) and (c), r. (2) (g), renum. (2) (h) to (k) to be (2) (g) to (j), Register, April, 1989, No. 400, eff. 5-1-89.

NR 125.04 NR 125.04 Eligible costs.

NR 125.04(1) (1) Preliminary planning. Costs of studies, investigations, surveys, planning and other steps necessary to determine the economic and engineering feasibility of a proposed project are eligible.

NR 125.04(2) (2) Engineering, architectural, inspection and other fees for technical services. Costs of services include preparation of preliminary and final engineering reports, design of facilities, preparation of plans and specifications, inspection and supervision of construction and any other services necessary for the construction of the project. Where technical services are provided by regularly employed persons of a municipality, actual documented applicable costs are allowable, provided they do not exceed costs determined by the department to be reasonable if the work were performed by a consulting engineer on a fee basis. Technical service costs for study of sewer infiltration-inflow problems performed in accordance with requirements of the federal grant program (P.L. 92-500) are allowable.

NR 125.04(3) (3) Legal and fiscal costs. Reasonable fees and expenses based on actual records for legal services rendered in connection with the construction of the project are eligible provided that they are documented. Reasonable costs incurred in the development of the information necessary for the bond issue, including preparation of the prospectus, bond advertising, printing of bonds and other similar costs are eligible. When bond counsel and attorney fees cover all the steps from the drafting of the bond resolution though the final sale of the bonds, no additional financing costs are eligible.

NR 125.04(4) (4) Construction costs. Construction costs incurred under competitively bid contracts or actual cost of labor and competitively purchased equipment and materials incurred under force account procedures consistent with the provisions of chs. 59, 60, 61, 62 and 66, Stats., are eligible.

NR 125.04(5) (5) Repair of roads, streets, sidewalks, curbs and gutters, etc. These costs shall be limited to the costs of repair or replacing in kind the areas damaged (by the construction of eligible facilities) to the same condition, quality, type and dimensions as that which existed before the construction of the eligible facilities. The eligible cost shall be the most cost effective repair or replacement in terms of the initial capital cost. Higher incremental replacement costs to reduce future maintenance or operation costs are not eligible. The width of the eligible repaired area shall not be greater than that of the top width of the sewer trench unless it can be demonstrated that it is less expensive to remove and replace the entire width of road pavement. Eligible costs of replacement of badly deteriorated road pavements shall be limited to that of the least expensive all weather road pavement regardless of the type of original material. Where the replaced item is better than the original item, the eligible cost shall be limited to a pro rata share of the replacement cost.

NR 125.04 History History: Cr. Register, July, 1976, No. 247, eff. 8-1-76.

NR 125.05 NR 125.05 Costs not eligible. The following costs are not allowable for state participation:

NR 125.05(1) (1) Ineligible work. The cost of any work not included in the eligible portion of the project as approved by the department.

NR 125.05(2) (2) Cost of site. The cost of the site or easements or any estate or interest therein, and any cost associated with the survey or acquisition thereof.

NR 125.05(3) (3) Rebates, refunds, tax exemptions. Any costs exceeding the actual net cost of materials or services are not eligible. A rebate or refund received from a firm or individual is not an allowable project cost. Where municipalities are exempt from the payment of sales taxes and excise taxes, such taxes are not an allowable cost.

NR 125.05(4) (4) Fee not related to construction. Any portion of a fee which covers services performed in staffing of the facility, training of personnel or other functions not directly related to the actual construction of the project.

NR 125.05(5) (5) Administrative costs. Costs such as office space, telephone service and municipal personnel, including accountants, bookkeepers and clerks except as allowed by s. NR 125.04 (2).

NR 125.05(6) (6) Legal services. Costs of legal services rendered in connection with ineligible parts of the projects, such as acquisition of site or easements.

NR 125.05(7) (7) Interest. Interest on bonds (including discounts below par) or any other form of indebtedness.

NR 125.05(8) (8) Damage awards. Damage awards arising out of the construction, equipping or operation of the project, whether such awards are determined by judicial procedure, arbitration, negotiation or otherwise.

NR 125.05(9) (9) Bonus payments. Bonus payments made by the applicant to the contractor for completing work in advance of a specified time.

NR 125.05(10) (10) Cost in excess of bid price. When a bid is rejected and later reinstated in the contract, its eligible cost may not exceed the original bid price.

NR 125.05(11) (11) Normal government costs. Costs incident to normal operating costs of government such as bond election costs and salaries and expenses of statutory governmental officials such as the mayor, city manager, city council members, etc.

NR 125.05(12) (12) Unnecessary or unreasonable costs. Any costs found by the department to be unreasonable or unnecessary to construction of the approved eligible project.

NR 125.05(13) (13) Operation and maintenance. The costs of operation, maintenance or administration or replacement in kind of equipment or facilities.

NR 125.05(14) (14) Costs. The portion of the costs of the sewage treatment plant that is allocable for the treatment of industrial wastes to be determined as the average of the percent of design flow, design BOD, and design total suspended solids for industrial waste treatment as compared to the total design capacity of the sewage treatment plant.

NR 125.05 History History: Cr. Register, July, 1976, No. 247, eff. 8-1-76; r. (14) and (16), renum. (15) to be (14), Register, April, 1989, No. 400, eff. 5-1-89.

NR 125.06 NR 125.06 Preliminary project evaluation. A municipality may request a preliminary determination of project eligibility prior to submitting a complete application to the department.