Chapter NR 162

Chapter NR 162

CLEAN WATER FUND PROGRAM

Subchapter I — General

NR 162.001   Purpose.

NR 162.002   Applicability.

NR 162.003   Definitions.

Subchapter II — Financial Assistance Requirements

NR 162.01   Types of financial assistance available.

NR 162.02   Annual funding policy, project priority list, and funding list.

NR 162.03   Project eligibility.

NR 162.04   Cost eligibility.

NR 162.05   Application process.

NR 162.055   Land ownership and easements documentation.

NR 162.06   Financial assistance requirements.

NR 162.07   Requirements for a user charge system and sewer use ordinance.

NR 162.08   Procurement.

NR 162.09   Reimbursement and refinancing.

NR 162.10   Loan interest rate.

NR 162.11   Financial assistance agreement conditions.

NR 162.12   Financial management.

NR 162.13   Financial assistance disbursements.

NR 162.14   Amendments to a financial assistance agreement.

NR 162.15   Disputes.

NR 162.16   Records and record retention.

NR 162.17   Breach of contract.

NR 162.18   Noncompliance.

NR 162.19   Variances.

NR 162.20   Administrative fees.

Subchapter III — Storm Water Projects

NR 162.21   Applicability.

NR 162.22   Project eligibility.

NR 162.23   Cost eligibility.

NR 162.24   Application process.

NR 162.25   Financial assistance requirements.

NR 162.26   Requirements for a user charge system.

NR 162.27   Procurement.

NR 162.28   Reimbursement and refinancing.

NR 162.29   Loan interest rate.

NR 162.30   Financial assistance agreement conditions.

NR 162.31   Financial management.

NR 162.32   Financial assistance disbursements.

NR 162.33   Amendments to a financial assistance agreement.

NR 162.34   Disputes.

NR 162.35   Records and record retention.

NR 162.36   Breach of contract, noncompliance, variances, and administrative fees.

Subchapter IV — Interest Rate Subsidies for Small Loans

NR 162.37   Applicability.

NR 162.38   Project eligibility.

NR 162.39   Cost eligibility.

NR 162.40   Application process.

NR 162.41   Interest rate subsidy requirements.

NR 162.42   Procurement.

NR 162.43   Determination of interest rate subsidy.

NR 162.44   Interest rate subsidy agreement conditions.

NR 162.45   Financial management.

NR 162.46   Interest rate subsidy disbursements and project closeout.

NR 162.47   Breach of contract and noncompliance.

NR 162.48   Termination.

Subchapter V — Priority Scoring and Ranking System

NR 162.49   Project scoring system.

NR 162.50   Project priority score.

NR 162.51   Procedure for determination and reevaluation of project priority score.

NR 162.52   Project ranking system.

Ch. NR 162 Note Note: Chapter NR 162 as it existed on June 30, 1996, was repealed and a new chapter NR 162 was created, Register, June, 1996, No. 486, eff. 7-1-96. Chapter NR 162 as it existed on February 28, 2001, was repealed and a new chapter NR 162 was created, Register, February, 2001, No. 542, eff. 3-1-01. Chapter NR 162 as it existed on November 30, 2003, was repealed and a new chapter NR 162 was created, Register November 2003 No. 575, eff. 12-1-03. Chapter NR 162 as it existed on June 30, 2015, was repealed and a new chapter NR 162 was created by CR 14-043, Register June 2015 No. 714, eff. 7-1-15. Chapter NR 162 as it existed on October 31, 2023, was repealed and a new chapter NR 162 was created by CR 22-045, Register October 2023 No. 814, effective November 1, 2023.

subch. I of ch. NR 162 Subchapter I — General

NR 162.001 NR 162.001 Purpose. The purposes of this chapter are all of the following:

NR 162.001(1) (1) Establish rules under ss. 281.58 and 281.59, Stats., to implement and administer a financial assistance program for the engineering and construction of treatment works and best management practices.

NR 162.001(2) (2) Establish a priority system for distributing clean water fund program financial assistance as provided in s. 281.58, Stats., and the mechanisms and methodology to be used to modify the priority scoring system.

NR 162.001(3) (3) Establish rules under s. 281.58 (6) (b) 8., Stats., to implement and administer interest rate subsidies for loans issued by the board of commissioners of public lands for projects to engineer and construct treatment works and best management practices with total estimated project costs of $2,000,000 or less.

NR 162.001 Note Note: All forms necessary for financial assistance under this chapter are available on the department’s website. Paper forms may be acquired from the Department of Natural Resources, Bureau of Community Financial Assistance, 101 S. Webster St., P.O. Box 7921, Madison, Wisconsin 53707–7921. Most information is required to be submitted through the department’s online application system.

NR 162.001 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.002 NR 162.002 Applicability. This chapter applies to all applicants for and recipients of financial assistance for the engineering and construction of treatment works and best management practices made under ss. 281.58 and 281.59, Stats. This rule first applies to financial assistance applications submitted to the department on November 1, 2023. Compliance with the applicable requirements of this chapter is a prerequisite to receiving financial assistance under ss. 281.58 and 281.59, Stats.

NR 162.002 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.003 NR 162.003 Definitions. In this chapter:

NR 162.003(1) (1) “Amendment” means a formal, written change to an existing legal agreement or contract executed by all parties to the original agreement or contract.

NR 162.003(2) (2) “American Community Survey” or “ACS” means the nationwide survey conducted by the U.S. bureau of the census to collect demographic, social, housing, and economic data and produce 1-year, 3-year, and 5-year estimates based on population thresholds.

NR 162.003(3) (3) “Applicant” means any municipality that submits to the department any of the following for financial assistance under this chapter:

NR 162.003(3)(a) (a) Intent to apply form and priority evaluation and ranking information as required by the department.

NR 162.003(3)(b) (b) A financial assistance application.

NR 162.003(4) (4) “Approval” means the written approval of the department.

NR 162.003(5) (5) “Best management practices” or “BMPs” has the meaning given in s. NR 151.002 (4).

NR 162.003 Note Note: Under s. NR 151.002 (4), “Best management practices” or “BMPs” means structural or non-structural measures, practices, techniques, or devices employed to avoid or minimize soil, sediment, or pollutants carried in runoff to waters of the state.

NR 162.003(6) (6) “Block group” means a subdivision of a census tract made up of a cluster of blocks having the same first digit of their 4-digit identifying numbers within the tract.

NR 162.003(7) (7) “Board of commissioners of public lands” or “BCPL” means the organization comprised of the secretary of state, the state treasurer, and the attorney general that operates under the authority of ch. 24, Stats.

NR 162.003 Note Note: The BCPL is also known as state trust funds.

NR 162.003(7m) (7m) “BOD” means the pollutant parameter biochemical oxygen demand.

NR 162.003(8) (8) “Breach of contract” means the failure of the municipality to comply with any of the following:

NR 162.003(8)(a) (a) The terms and conditions of the financial assistance agreement or interest rate subsidy agreement.