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. NR 162.003(8)(b)(b) The terms and conditions of the municipal resolution authorizing the issuance and sale of bonds or notes to the clean water fund program. NR 162.003(9)(9) “Capital improvement” means construction resulting in improvements to real property or depreciable property, or both, and adding to the value or useful life of these assets, including structural improvements, or improvements that enhance usefulness or productivity. “Capital improvement” includes capital assets that are not structural but are necessary for water quality protection or improvement, such as trucks, street sweepers, land for buffer areas, and other tangible assets with a single item cost of greater than $5,000. NR 162.003 NoteNote: The following are examples of capital improvements: constructing permeable pavement or an infiltration pond to control runoff; constructing an entirely new treatment works, or new clarifiers, aeration tanks, or other major components of an existing treatment works or BMP; upgrading existing equipment or installing new, more efficient process equipment, such as equipment for pumping, dewatering, aeration, scraping, skimming, or disinfection; constructing new process, administration, and storage buildings; adding to or constructing major renovations of existing facilities; replacing or rehabilitating aged or undersized sanitary sewer pipes; replacing a roof on a treatment plant building; constructing a new lift station or upgrading an existing lift station; installing security, a supervisory control and data acquisition system, or monitoring equipment as part of a scored project; or purchasing an existing treatment facility, land on which a treatment facility will be constructed, land for buffer areas, agricultural or industrial land taken out of production in order to improve water quality in the area, or necessary mobile assets, such as a street sweeper. Replacing an old pump with a new pump that is the same size and efficiency as the old pump is not considered a capital improvement; rather, it is maintenance.
NR 162.003(9m)(9m) “CBOD” means the pollutant parameter carbonaceous biochemical oxygen demand. NR 162.003(10)(10) “Census block” means the smallest unit for which the U.S. bureau of the census collects and tabulates population information in the decennial census and income information in the ACS. NR 162.003(11)(11) “Census designated place” means a statistical area delineated for each decennial census according to U.S. bureau of the census guidelines for the purpose of presenting census data and ACS data for a concentration of population, housing, and commercial structures that is locally identifiable by name, but is not within an incorporated place. NR 162.003(12)(12) “Census tract” means a small, relatively permanent statistical subdivision of a county used in the decennial census and the ACS, delineated for the purpose of presenting data, typically following visible features or governmental boundaries or both, including approximately 4,000 inhabitants, and designed to be a relatively homogeneous unit with respect to population characteristics, economic status, and living conditions. NR 162.003(13)(13) “Change order” means an action that specifies and justifies a change to a construction contract that alters the time of completion or the total price, or both. NR 162.003(14)(14) “Clean water fund program” or “CWFP” means the program established under ss. 25.43, 281.58, and 281.59, Stats., for the purpose of providing financial assistance to municipalities for the planning, design, and construction of treatment works and BMPs. NR 162.003(15)(15) “Compliance maintenance” means the program established and regulated under ch. NR 208, intended to prevent a permittee under ch. 283, Stats., from exceeding an effluent limitation contained in a permit issued under ch. 283, Stats. NR 162.003(16)(16) “Construction” means a set of actions taken to make a capital improvement, including any of the following actions: NR 162.003(16)(a)(a) Building, erecting, extending, or assembling a treatment works or BMP or a new major asset for an existing treatment works or BMP. NR 162.003(16)(b)(b) Preparing a construction site or sites of a scored project for work activities, including grading, staking, digging, and demolition or abandonment of existing structures. NR 162.003(16)(c)(c) Purchasing a package wastewater treatment system or capacity in an existing treatment works. NR 162.003(16)(d)(d) Altering, modifying, improving, upgrading, rehabilitating, or adding to existing treatment works facilities or BMPs. NR 162.003(16)(e)(e) Performing major repairs or replacing major components of existing facilities. NR 162.003(16)(f)(f) Installing new piping or mechanical, electrical, or electronic equipment or facilities. NR 162.003(16)(g)(g) Remediation of illicit discharges to an MS4 or runoff treatment works. NR 162.003(17)(17) “Custom tabulation” means a special tabulation of income data from the ACS microdata files that is performed by the U.S. bureau of the census, is not part of the standard ACS data tabulations, and results in generation of a median household income for an area designated by the applicant as the boundaries of a town sanitary district, public inland lake protection and rehabilitation district, or metropolitan sewerage district, or of the area served by the treatment works if the treatment works serves only a portion of the place or minor civil division in which it is located. NR 162.003(18)(18) “Department” means the department of natural resources. NR 162.003(19)(19) “Design flow” means the average annual flow or average daily flow specified in an approved facilities plan or approved plans and specifications, the flow specified in a WPDES permit, or the flow required to meet performance standards. NR 162.003(20)(20) “Disadvantaged business enterprise” or “DBE” means a business entity certified as disadvantaged under the U.S. department of transportation unified certification program or other program approved by the U.S. environmental protection agency to certify disadvantaged businesses. NR 162.003 NoteNote: Under s. 283.01 (4), Stats., “discharge,” when used without qualification, includes a discharge of any pollutant. Under s. 283.01 (5), Stats., “discharge of pollutant” or “discharge of pollutants” means any addition of any pollutant to the waters of this state from any point source. NR 162.003 NoteNote: Under s. 283.01 (6), Stats., “effluent limitation” means any restriction established by the department, including schedules of compliance, on quantities, rates, and concentrations of chemical, physical, biological, and other constituents that are discharged from point sources into waters of this state. Flow rates and flow volumes are considered to be physical constituents restricted by WPDES permits. NR 162.003(24)(a)(a) Performing preliminary planning to determine the need for or the feasibility of building or modifying a treatment works or BMP, including preparing a facilities plan. NR 162.003(24)(b)(b) Performing engineering, architectural, geotechnical, hydrogeological, environmental, archaeological, biological, fiscal, or economic investigations or studies. NR 162.003(24)(c)(c) Identifying illicit discharges to an MS4, a BMP, or a wastewater treatment works if the identification work is directly related to the scored project. NR 162.003(24)(d)(d) Preparing surveys, designs, plans, bidding documentation, working drawings, specifications, or as-built drawings. NR 162.003(24)(e)(e) Coordinating, observing, inspecting, or supervising any of the activities under pars. (a) to (d) or under sub. (16). NR 162.003(25)(25) “Equipment replacement fund” means a separate fund established by a municipality for the purpose of making expenditures for major repair or replacement of equipment necessary for continuing operation of wastewater or runoff treatment works, or for maintenance of a BMP. NR 162.003(26)(26) “Financial assistance” includes one or more of the following actions taken by the department and DOA under ss. 281.58 and 281.59, Stats.: NR 162.003(26)(a)(a) Providing a loan, principal forgiveness, interest rate subsidies, a guarantee, or credit enhancement to a municipality. NR 162.003(26)(b)(b) Refinancing a municipality’s interim debt obtained for the scored project. NR 162.003(27)(27) “Financial assistance agreement” means a written agreement between a municipality, the department, and DOA that contains the terms and conditions of the financial assistance provided to the municipality under subch. II or III. NR 162.003(28)(28) “Financial assistance agreement amendment” means a formal, written change to an existing financial assistance agreement executed by all parties to the original agreement. NR 162.003(29)(29) “Force account work” means engineering, construction, or other project-specific activities performed by a municipality’s paid employees or use of equipment owned by the municipality in construction of the project, or both. NR 162.003 NoteNote: Under s. 160.01 (4), Stats., “groundwater” means any of the waters of the state, as defined in s. 281.01 (18), occurring in a saturated subsurface geological formation of rock or soil. NR 162.003 NoteNote: Under s. NR 216.002 (11), “illicit discharge” means any discharge to a municipal separate storm sewer system that is not composed entirely of storm water except discharges authorized by a WPDES permit or other discharge not requiring a WPDES permit such as landscape irrigation, individual residential car washing, fire fighting, diverted stream flows, uncontaminated groundwater infiltration, uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, lawn watering, flows from riparian habitats and wetlands, and similar discharges. NR 162.003 NoteNote: Under s. 281.58 (1) (c), Stats., “industrial user” means any of the following: NR 162.003 Note1. Any nongovernmental, nonresidential user of a publicly owned treatment work which discharges more than the equivalent of 25,000 gallons per day of sanitary wastes, other than domestic wastes or discharges from sanitary conveniences, or discharges a volume that has the weight of biochemical oxygen demand or suspended solids at least as great as the weight found in 25,000 gallons per day of sanitary waste from residential users, and which is identified in the standard industrial classification manual, 1972, federal office of management and budget, as amended and supplemented as of October 1, 1978, under one of the following divisions:
NR 162.003 Notea. Division A: agriculture, forestry, and fishing.
NR 162.003 Noteb. Division B: mining.
NR 162.003 Notec. Division D: manufacturing.
NR 162.003 Noted. Division E: transportation, communications, electric, gas, and sanitary services.
NR 162.003 Notee. Division I: services.
NR 162.003 Note2. Any nongovernmental user of a publicly owned treatment work which discharges wastewater to the treatment work which contains toxic pollutants or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any municipal system, to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, to create a public nuisance, or to create any hazard in or have an adverse effect on the waters receiving any discharge from the treatment works.
NR 162.003 Note3. All commercial users of an individual system constructed with grant assistance under s. 281.57. NR 162.003 NoteNote: Under s. NR 110.03 (16), “infiltration” means water other than wastewater that enters a sewerage system (including sewer service connections) from the ground through such sources as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow. NR 162.003 NoteNote: Under s. NR 151.002 (20), “infiltration system” means a device or practice such as a basin, trench, rain garden or swale designed specifically to encourage infiltration, but does not include natural infiltration in pervious surfaces such as lawns, redirecting of rooftop downspouts onto lawns or minimal infiltration from practices, such as swales or road side channels designed for conveyance and pollutant removal only. NR 162.003 NoteNote: Under s. NR 110.03 (17), “inflow” means water other than wastewater that enters a sewerage system (including sewer service connections) from sources such as roof leaders, cellar drains, yard drains, area drains, foundation drains, sump pumps, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from, infiltration. NR 162.003(35)(35) “Interest rate subsidy” means the subsidy provided by the CWFP under ss. 281.58 and 281.59, Stats., to reduce the interest cost of loans provided to municipalities by the BCPL under ch. 24, Stats. NR 162.003(36)(36) “Interest rate subsidy agreement” means a written agreement between a municipality, the department, and DOA that contains the terms and conditions of financial assistance provided to the municipality under subch. IV. NR 162.003(37)(37) “Interim debt” means a financial liability that is subject to repayment and incurred by an applicant to temporarily finance a scored project until permanent financing is obtained from the CWFP, including liabilities in the form of lines of credit, short-term bank or BCPL loans, bond anticipation notes, general obligation bonds, revenue bonds, general obligation promissory notes, and certificates of indebtedness. NR 162.003(38)(38) “Interim debt costs” means the net interest, fees, and charges associated with issuing interim debt, including municipal advisor fees, attorney fees, printing costs, bond rating charges, and trustee fees. NR 162.003(39)(39) “Lateral” means a sewer service line that connects a residence, commercial establishment, institutional facility, or industrial user to a municipal sewage collection system or individual system. NR 162.003(40)(40) “Maintenance” means activities or procedures that are established, commonplace, or repetitious, and are performed or should be performed frequently or on a schedule to sustain the functional integrity and efficiency of existing facilities and to provide upkeep for prevention of early decline or failure, or are performed as needed in response to minor emergencies, such as sewer pipe repair or replacement when a pipe bursts, including all of the following types of maintenance: NR 162.003(40)(a)(a) Preventive maintenance, including scheduled service, repair, inspection, adjustment, or replacement of parts, to keep equipment or facilities in satisfactory operating condition, to avoid frequent breakdowns and premature replacements, and to achieve the expected life of constructed assets and installed building equipment, conducted with a frequency of one year or less. NR 162.003(40)(b)(b) Corrective maintenance, including unscheduled maintenance repairs to correct deficiencies during the year in which they occur. NR 162.003(40)(c)(c) Mobile equipment maintenance, including all corrective, preventive, emergency, or replacement maintenance work done on mobile equipment assets, except when performed at the time of purchase of used equipment to bring the purchased equipment to a fully functional or improved condition, or both. NR 162.003(40)(d)(d) Recurring maintenance, including preventive maintenance activities that recur on a periodic and scheduled cycle of greater than one year, but less than 10 years. NR 162.003(40)(e)(e) Component renewal, which is preventive maintenance activities that recur on a periodic and scheduled cycle of greater than 10 years, unless performed within the scope of a larger scored project. NR 162.003(40)(f)(f) Emergency maintenance, typically initiated within a very short amount of time from when a need is identified, to correct an emergency need to prevent injury, loss of property, or human health impacts, or to quickly return an asset to service, subject to all of the following: NR 162.003(40)(f)1.1. Unscheduled activities and repairs, such as repairing sanitary sewer breaks or mechanical malfunctions in aged or damaged infrastructure, are considered emergency maintenance under this paragraph. NR 162.003(40)(f)2.2. Emergency repairs or replacement needed due to damage caused by severe weather, cyber-attacks, or other unforeseen serious emergency situations over which the municipality has no control are not considered emergency maintenance under this paragraph. NR 162.003(40)(g)(g) Minor equipment replacement that substitutes or exchanges one existing asset, asset component, or item of installed equipment for another having the same specifications and the same capacity to perform the same function, except when performed within the scope of a larger capital improvement. NR 162.003(40)(h)(h) Demolition occurring outside of the construction site of a scored project or that is not necessary for construction of a scored project. NR 162.003 NoteNote: Under s. 281.59 (1) (b), Stats., “market interest rate” means the effective interest rate on a fixed-rate revenue obligation issued by the state to fund a loan made under this section or, if the DOA determines that there has been a significant change in interest rates after the fixed-rate revenue obligation has been issued or if a fixed-rate revenue obligation has not been issued by the state to fund a loan made under this section, the effective interest rate that the DOA determines would have been paid if a fixed-rate revenue obligation had been issued on the date financial assistance is allotted. NR 162.003 NoteNote: Under s. 281.58 (1) (cm), Stats., “median household income” means median household income determined by the U.S. bureau of the census as adjusted by the department to reflect changes in household income since the most recent federal census. NR 162.003(43)(43) “Minor civil division” means the primary governmental divisions of a county, including towns, as designated by the U.S. bureau of the census to collect and publish data. NR 162.003(44)(44) “Minority business enterprise” or “MBE” means a DBE that is owned or controlled on a daily basis by one or more minority group members. NR 162.003(45)(45) “Municipal separate storm sewer system” or “MS4” means a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, constructed channels, or storm drains, that meets all of the following criteria:
