Chapter NR 153

NR 153.205 NR 153.205 Notice of discharge project application, selection and funding.

NR 153.205(1) (1) Applicability. This section applies only to notice of discharge projects under s. NR 153.145.

NR 153.205(2) (2) Application period and content.

NR 153.205(2)(a) (a) The department may accept notice of discharge project applications from governmental units on a continuous basis. Applications shall remain active for one year unless terminated by the applicant. After one year, the governmental unit shall resubmit the application in order for the application to remain active for the department’s funding consideration.

NR 153.205(2)(b) (b) The department shall require that applications be submitted on forms provided by the department.

NR 153.205 Note Note: Forms can be obtained from the department’s Bureau of Watershed Management or the department’s Bureau of Community Financial Assistance, 101 S. Webster St., PO Box 7921, Madison, WI 53707-7921.

NR 153.205(2)(c) (c) The application information shall include all of the following:

NR 153.205(2)(c)1. 1. Name and address of the prospective cost-share recipient and project location.

NR 153.205(2)(c)2. 2. Site map.

NR 153.205(2)(c)3. 3. Size of livestock operation, in animal units.

NR 153.205(2)(c)4. 4. Site history, description of discharge, and method of problem determination.

NR 153.205(2)(c)5. 5. Extent and severity of the threat or impact to waters of the state and urgency of installing management measures.

NR 153.205(2)(c)6. 6. Proposed management practices, estimated costs, and implementation timeline.

NR 153.205(2)(c)7. 7. Concurrence from the department of natural resources that the site has been issued, or will be issued concurrent with the runoff management agreement, a notice under s. NR 243.24.

NR 153.205(3) (3) Project selection and funding.

NR 153.205(3)(a) (a) Each year, the department shall identify up to four specific periods when active applications will be considered for funding. Applications considered for funding during each period include the active, unfunded applications from the prior period plus any new applications received prior to the end of the subsequent period. The department shall determine what portion of the available funds will be made available to fund projects being considered in each selection period.

NR 153.205(3)(b) (b) The department shall consider the information submitted under sub. (2) and make a decision whether to award funding for the project based on the merits of the proposed project, the amount of funding available for project selection, availability of other funding sources, farm viability, and state cost-share requirements under ch. NR 243.

NR 153.205(3)(b)1. 1. If grant funds are awarded under this subsection for a landowner or operator to comply with a notice issued by the department for a category II unacceptable practice under s. NR 243.24 (1) (b), the department’s grant award shall, alone or in combination with other sources, meet the state cost-share requirements under s. 281.16 (3) (e), Stats. Requests for economic hardship shall be administered in accordance with s. NR 154.03 (3).

NR 153.205(3)(b)2. 2. If grant funds are awarded under this subsection for a landowner or operator to comply with a notice issued by the department for a category I unacceptable practice under s. NR 243.24 (1) (a) or category III unacceptable practice under s. NR 243.24 (1) (c), the department may do any of the following:

NR 153.205(3)(b)2.a. a. Limit the grant award to less than 70% of eligible costs.

NR 153.205(3)(b)2.b. b. Establish a maximum dollar amount that may be awarded under the grant for the project.

NR 153.205(3)(b)2.c. c. Offer additional cost sharing for economic hardship cases. Requests for economic hardship shall be administered in accordance with s. NR 120.18 (4).

NR 153.205 Note Note: Under ch. NR 243, the department has authority to require compliance with a notice issued for a category I or category III unacceptable practice regardless of cost sharing. Consequently, the department may provide limited or no cost-share assistance for these situations.

NR 153.205 Note Note: Prior to making a funding decision, the department intends to consult with the department of agriculture, trade and consumer protection concerning the availability and suitability of alternative funding sources available through the soil and water resources management grant program administered under ch. ATCP 50.

NR 153.205(3)(c) (c) The department may enter into a runoff management grant agreement with a governmental unit only after a notice has been issued pursuant to s. NR 243.24.

NR 153.205(4) (4) Joint allocation plan. The department shall establish a budget reserve for notice of discharge projects in the annual joint allocation plan required under ss. 92.14 (14) and 281.65 (4) (pm), Stats.

NR 153.205 Note Note: The department intends to transfer funds from the reserve to governmental units by entering into runoff management agreements.

NR 153.205 History History: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.

NR 153.21 NR 153.21 Runoff management grant agreement.

NR 153.21(1) (1) Purpose.

NR 153.21(1)(a) (a) The department shall use the runoff management grant agreement to commit funds to a governmental unit or state agency for the purpose of implementing best management practices for any project selected under s. NR 153.20 or 153.205.

NR 153.21(1)(b) (b) The department may use the runoff management grant agreement in lieu of a cost-share agreement required under s. NR 153.22 with a governmental unit or state agency for the installation of a best management practice on land the governmental unit or state agency owns or operates.

NR 153.21(2) (2) Grant period length.

NR 153.21(2)(a) (a) For a large-scale TMDL or large-scale non-TMDL project, the department may set the grant period for one to 3 years. The department may approve an extension to 4 years.

NR 153.21(2)(b) (b) For a small scale project, the department may set the grant period for one to 2 years. The department may approve an extension to 3 years. The start of the grant period shall be that specified on the signed grant award.

NR 153.21(2)(c) (c) For a notice of discharge project, the department shall establish, and extend if necessary, the grant period for a length of time sufficient to accommodate the compliance period authorized under s. NR 243.24 (4) (b) 5.

NR 153.21(2)(d) (d) For a targeted runoff management project, the department shall require that a grantee submit a written request in order to consider a project extension. The request shall:

NR 153.21(2)(d)1. 1. Justify the extension request by identifying reasons for the project delay that were beyond the control of the grantee.

NR 153.21(2)(d)2. 2. Be received by the department prior to the expiration of the grant period.

NR 153.21(2)(d)3. 3. Identify how the additional time will result in a significant reduction in the pollutant loading from the project area or otherwise further the intent of the project.

NR 153.21(2)(e) (e) For a notice of discharge project, the grantee shall submit the extension request to the department prior to the expiration of the grant period. The extension request shall include documentation that the provisions of s. NR 243.24 (4) (b) 5. c. have been satisfied.

NR 153.21(3) (3) Local government responsibilities as a runoff management grantee and cost-share provider. The governmental unit shall do all of the following as conditions of receiving a runoff management grant:

NR 153.21(3)(a) (a) Execute a runoff management grant agreement with the department for grant funds necessary to administer cost-share agreements with eligible landowners and land operators. This requirement may be waived if the department and the governmental unit agree to delegate these responsibilities to another governmental unit with jurisdiction sufficient to meet all the conditions of the grant.

NR 153.21(3)(b) (b) Enter into cost-share agreements with eligible cost-share recipients located within the project area. This requirement may be waived if the department and the governmental unit agree to delegate this responsibility to another governmental unit with jurisdiction sufficient to enforce all the conditions of the cost-share agreement.

NR 153.21(3)(c) (c) Be fiscally responsible for the use of cost-share funds provided to cost-share recipients under the runoff management grant agreement. This includes preparing and maintaining adequate fiscal management and technical assistance files as described in s. NR 153.29. This requirement may be waived if the department and the governmental unit agree to delegate these responsibilities to another governmental unit with adequate jurisdiction.

NR 153.21(3)(d) (d) Provide the department with verification of proper installation, operation and maintenance of best management practices for cost-share agreements for which it is the cost-share provider.

NR 153.21(3)(e) (e) Provide technical design and installation assistance for all best management practices in cost-share agreements within its jurisdiction. The governmental unit may assign this requirement to another governmental unit if approved by the department.

NR 153.21(3)(f) (f) Contact all landowners and land operators of lands within the project area that are the target of technical assistance and cost sharing under the grant.

NR 153.21(3)(g) (g) Participate with the department in project reviews.

NR 153.21(3)(h) (h) Enforce the terms and conditions of the cost-share agreement as described in s. NR 153.22.

NR 153.21(3)(i) (i) Arrange funding for staff support necessary to complete the project.

NR 153.21(3)(j) (j) For a targeted runoff management project, conduct the following activities in addition to technical and financial assistance to implement agricultural performance standards and prohibitions contained in ch. NR 151 for cropland practices and livestock facilities in the project area:

NR 153.21(3)(j)1. 1. Inform landowners and land operators of performance standards and prohibitions.

NR 153.21(3)(j)2. 2. Through records reviews and on-site assessments, evaluate and document the compliance status of cropland practices and livestock facilities with agricultural performance standards and prohibitions on all properties of the farm operation owned or operated by the grantee. If the cost-share is offered as part of a notice issued under s. NR 151.09 or 151.095 or a local regulation, the governmental unit may with prior department approval limit the on-site assessments to parcels identified in the notice.

NR 153.21(3)(j)3. 3. Document and convey the results to landowners of the compliance status evaluation for the whole farm, by field or parcel.

NR 153.21(3)(j)4. 4. Document and keep office records of changes in compliance status of cropland practices and livestock facilities by parcel for recipients of cost sharing provided under this chapter.

NR 153.21(3)(j)5. 5. Inform landowners in writing of requirements for continuing compliance maintenance of cropland practices and livestock facilities that meet state standards and prohibitions.

NR 153.21(3)(j)6. 6. Conduct enforcement activities consistent with the local authority identified as part of the application materials for which the grant was awarded.

NR 153.21(3)(j)7. 7. Provide assistance to the department as requested to develop and issue notices under ss. NR 151.09 and 151.095 and to develop and issue letters explaining that the notice has been satisfied.

NR 153.21(3)(k) (k) For notice of discharge projects, conduct the following activities in addition to technical and financial assistance:

NR 153.21(3)(k)1. 1. For all notice of discharge categories:

NR 153.21(3)(k)1.a. a. Inform landowners and land operators of performance standards and prohibitions.

NR 153.21(3)(k)1.b. b. Provide assistance to the department as requested to develop and issue letters explaining that the notice has been satisfied.

NR 153.21(3)(k)2. 2. For notices of discharge issued for category II unacceptable practices identified in accordance with s. NR 243.24 (1) (b):

NR 153.21(3)(k)2.a. a. Inform landowners and land operators of performance standards and prohibitions.

NR 153.21(3)(k)2.b. b. Document and keep office records of changes in compliance status of livestock facilities by parcel for recipients of cost sharing provided under this chapter.

NR 153.21(3)(k)2.c. c. Inform landowners in writing of requirements for continuing compliance maintenance of livestock facilities that meet state standards and prohibitions.

NR 153.21(3)(k)2.d. d. Provide assistance to the department as requested to develop and issue letters explaining that the notice has been satisfied.

NR 153.21(4) (4) Local government and state agency responsibilities as a cost-share recipient. The governmental unit or state agency shall do all of the following as conditions of receiving a runoff management grant to perform work on lands the governmental unit or state agency owns or operates:

NR 153.21(4)(a) (a) Arrange funding for the local share of any best management practice the governmental unit installs on property it owns or controls.

NR 153.21(4)(b) (b) Provide the department with verification of proper installation, operation and maintenance of best management practices for which it is the cost-share recipient.

NR 153.21(4)(c) (c) Prepare and maintain adequate fiscal management and technical assistance files as described in s. NR 153.29.

NR 153.21(4)(d) (d) Obtain prior written approval from the department for use of runoff management grant funds for best management practices installed on land owned or operated by the grantee.

NR 153.21(4)(e) (e) When installing best management practices, the grantee shall do all of the following:

NR 153.21(4)(e)1. 1. Submit to the department estimates of all practice costs, eligible costs, ineligible costs, cost-share rates, and estimated total cost-share amount.

NR 153.21(4)(e)2. 2. Submit to the department a schedule of installation and maintenance for the practices.

NR 153.21(4)(e)3. 3. Submit to the department copies of all professional service contracts, construction contracts, bid tabulations, force account proposals, proposals, and other related information requested by the department.

NR 153.21(4)(e)3.a. a. Professional service contracts and construction contracts shall be submitted to the department for approval before execution.

NR 153.21(4)(e)3.b. b. Force account proposals shall be submitted to the department for approval prior to the initiation of construction.

NR 153.21(4)(e)4. 4. Repay the department the full amount of funds received if the governmental unit fails to fulfill any terms of the agreement, including failing to install, operate, and properly maintain the practices included in the runoff management grant agreement or failure to evaluate or monitor the project in accordance with the provisions of the runoff management grant agreement.

NR 153.21(4)(e)5. 5. Submit a maintenance strategy for the practices.

NR 153.21(4)(e)6. 6. Agree not to adopt any land use or practice that reduces the effectiveness or defeats the purposes of the best management practices.

NR 153.21(4)(e)7. 7. Comply with the requirements for cost-share agreements specified in s. NR 153.22.

NR 153.21(4)(e)8. 8. Provide financial support towards the implementation of a project including:

NR 153.21(4)(e)8.a. a. Arrange funding for staff support necessary to complete the project.

NR 153.21(4)(e)8.b. b. Arrange funding for the local share of any best management practice the governmental unit installs on property it owns or controls.

NR 153.21(5) (5) Other grant provisions.

NR 153.21(5)(a) (a) The period in which cost-share agreements may be signed through the runoff management grant agreement may not extend beyond the runoff management grant period. For best management practices to be eligible for cost sharing, the runoff management grant agreement shall be signed prior to entering into a cost-share agreement.

NR 153.21(5)(b) (b) The grantee may use runoff management grant funds to cover reasonable expenses necessary to secure refunds, rebates, or credits described in s. NR 153.28 (3) when approved by the department.