Chapter NR 162

NR 162.003 Note c. Division D: manufacturing.

NR 162.003 Note d. Division E: transportation, communications, electric, gas, and sanitary services.

NR 162.003 Note e. Division I: services.

NR 162.003 Note 2. 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 Note 3. All commercial users of an individual system constructed with grant assistance under s. 281.57.

NR 162.003(33) (33) “Infiltration” has the meaning given in s. NR 110.03 (16).

NR 162.003 Note Note: 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(33m) (33m) “Infiltration system” has the meaning given in s. NR 151.002 (20).

NR 162.003 Note Note: 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(34) (34) “Inflow” has the meaning given in s. NR 110.03 (17).

NR 162.003 Note Note: 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(41) (41) “Market interest rate” has the meaning given in s. 281.59 (1) (b), Stats.

NR 162.003 Note Note: 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(42) (42) “Median household income” has the meaning given in s. 281.58 (1) (cm), Stats.

NR 162.003 Note Note: 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:

NR 162.003(45)(a) (a) Is owned or operated by a municipality.

NR 162.003(45)(b) (b) Is designed or used for collecting or conveying storm water.

NR 162.003(45)(c) (c) Is not a combined sewer conveying both wastewater and storm water.

NR 162.003(45)(d) (d) Is not part of a publicly owned wastewater treatment works that provides secondary or more stringent treatment.

NR 162.003(46) (46) “Municipal WPDES storm water discharge permit” means any permit issued to a municipality by the department under s. 283.33 (3), Stats., for the purpose of controlling storm water discharges from an MS4.

NR 162.003(47) (47) “Municipality” has the meaning given in s. 281.59 (1) (c), Stats.

NR 162.003 Note Note: Under s. 281.59 (1) (c), Stats., “municipality” means any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district, metropolitan sewerage district, joint local water authority created under s. 66.0823, Stats., or federally recognized American Indian tribe or band in this state.

NR 162.003(48) (48) “New or changed WPDES permit limits” means an effluent limitation in a municipality’s most recent WPDES permit that is a completely new limit previously not included in the WPDES permit or is a change to a previous limit with which the municipality was already complying.

NR 162.003(49) (49) “Nonpoint source” has the meaning given in s. 281.65 (2) (b), Stats.

NR 162.003 Note Note: Under s. 281.65 (2) (b), Stats., “nonpoint source” means a land management activity that contributes to runoff, seepage, or percolation which adversely affects or threatens the quality of waters of this state and which is not a point source under s. 283.01 (12), Stats.

NR 162.003(50) (50) “Operations” means labor, materials, and chemicals used regularly, and work activities performed on a recurring basis throughout the year that are intended to meet routine, daily functional needs. Work activities may include any of the following:

NR 162.003(50)(a) (a) Operational maintenance activities related to continuing normal performance of the functions for which a treatment works or BMP asset or item of equipment is intended, including activities to keep building systems such as HVAC, lighting, and electrical utilities working properly.

NR 162.003(50)(b) (b) Custodial maintenance activities, such as housekeeping duties, rodent and pest control, and lawn mowing, associated with general day-to-day care and cleaning necessary to maintain constructed assets.

NR 162.003(50)(c) (c) Trash removal activities to dispose of hazardous and non-hazardous waste and debris and to recycle products such as paper, cans, and bottles.

NR 162.003(50)(d) (d) Snow and ice removal and activities to treat surfaces to eliminate unsafe weather-related conditions.

NR 162.003(50)(e) (e) Office activities related to billing, collections, customer communications, personnel, and other types of work activities that support the administration of the treatment works or BMP.

NR 162.003(50)(f) (f) Routine walk-through and other surveillance activities associated with identifying operational anomalies and ensuring all treatment works or BMP components are working as intended.

NR 162.003(51) (51) “Parallel cost percentage” means, for a scored project, the proportion of costs eligible for below–market rate financing, as delineated in s. NR 162.04 (1), relative to the total costs eligible for CWFP financing.

NR 162.003 Note Note: The calculation of the parallel cost percentage is described in s. NR 162.04 (1) (c).

NR 162.003(52) (52) “Performance standards” means nonagricultural performance standards established by the department in ch. NR 151, under s. 281.16 (2), Stats.

NR 162.003(53) (53) “Place” means a concentration of population either legally bounded as an incorporated place, such as a city or village, or identified as a census designated place by the U.S. bureau of the census.

NR 162.003(54) (54) “Plans and specifications” means project drawings and specification manuals for all construction work to be included in the financial assistance for the scored project.

NR 162.003(55) (55) “Population” means the most recent year’s final population estimate published by the DOA demographic services center for the city, town, or village that submitted priority evaluation and ranking information as required by the department. For a municipality other than a city, town, or village, “population” means the most recent population count or estimate done for the municipality and provided to the department by the municipality for purposes such as completing a sanitary survey or an estimate determined by multiplying the number of households served by the sanitary sewer system by the average household size in the area, as determined by the department.

NR 162.003(56) (56) “Priority score” means the numerical value determined by the department that is assigned to each project in accordance with s. NR 162.50.

NR 162.003(57) (57) “Professional services” means non-construction work provided under contract for the project, including engineering, archaeological, legal, financial, or technical services provided by a higher education institution or a formally certified member of a professional body, such as a trade association or organized profession.

NR 162.003(58) (58) “Project” means a set of activities intended to result, or that has resulted, in completed construction of wastewater related or storm water related facilities or practices.

NR 162.003(59) (59) “Project closeout” means the procedures described in s. NR 162.13 (4) for projects funded under subchs. II and III, and in s. NR 162.46 (4) for projects funded under subch. IV.

NR 162.003(60) (60) “Project completion date” means the earliest date on which all of the following apply:

NR 162.003(60)(a) (a) Construction of the scored project is complete.

NR 162.003(60)(b) (b) The department or its agents have certified that the scored project was constructed according to department-approved plans and specifications.

NR 162.003(60)(c) (c) The department or its agents have certified that the facilities are operating according to design.

NR 162.003(60)(d) (d) The project closeout is complete.

NR 162.003(60)(e) (e) The department has notified the recipient that the scored project is complete.

NR 162.003(61) (61) “Proportional share” means the costs of the operation and maintenance of the treatment works or BMP shared equitably and proportionately among the users through a user charge system.

NR 162.003(62) (62) “Receiving municipality” means a municipality that owns a treatment works and accepts discharges from one or more other municipalities into its treatment works for treatment and disposal.

NR 162.003(63) (63) “Recipient” means any municipality or group of municipalities that has been awarded or has received financial assistance under ss. 281.58 and 281.59, Stats.

NR 162.003(64) (64) “Replacement” means obtaining and installing equipment, accessories, or appurtenances that are necessary during the useful life of the treatment works or BMP project funded through the CWFP to maintain or improve the capacity and performance levels for which the treatment works or BMP was designed and constructed.

NR 162.003(65) (65) “Residential user” means a structure or part of a structure, including a mobile home or individual apartment unit, that is used primarily as a home, residence, or sleeping place by one or more persons maintaining a common household and that uses a publicly owned treatment works. “Residential user” does not include an institutional, commercial, industrial, or governmental facility.

NR 162.003(66) (66) “Runoff” has the meaning given in s. NR 151.002 (40).

NR 162.003 Note Note: In s. NR 151.002 (40), “runoff” means storm water or precipitation, including rain, snow, ice melt, or similar water that moves on the land surface via sheet or channelized flow.

NR 162.003(67) (67) “Scored project” means a project for which the department reviewed the scope provided by the applicant and assigned a priority score based on the scope determined by the department to be eligible for financial assistance under a single CWFP project number.

NR 162.003(68) (68) “Septage” has the meaning given in s. 281.58 (1) (cv), Stats.

NR 162.003 Note Note: Under s. 281.58 (1) (cv), Stats., “septage” means the scum, liquid, sludge, or other waste in a septic tank, soil absorption field, holding tank, grease interceptor, privy, or other component of a private onsite wastewater treatment system.

NR 162.003(69) (69) “Sewage collection system” has the meaning given under s. NR 110.03 (28), and includes individual systems, such as septic tanks, holding tanks, mound systems, and cluster systems, if the individual systems meet the criteria established under s. NR 162.03 (2).

NR 162.003 Note Note: Under s. NR 110.03 (28), “sewage collection system” means the common sanitary sewers, interceptor sewers, and appurtenant equipment, such as lift stations, within a sewerage system which are primarily installed to receive wastewaters directly from facilities which convey wastewater from individual structures or from private property, and which include service connection “Y” fittings designed for connection with those facilities. The facilities which convey wastewater from individual structures, such as building sewers and private interceptor sewers, from private property to the public sanitary sewer, or its equivalent, are specifically excluded from the definition of “sewage collection system”; except that pumping units and pressurized lines for individual structures or groups of structures are included as part of a “sewage collection system” when such units are cost effective and are owned and maintained by the sewerage system owner.

NR 162.003(70) (70) “Sewer” means a sewage collection system or an MS4, a portion of a sewage collection system or MS4, or other pipes that carry water to a treatment facility.

NR 162.003(71) (71) “Sewer service area” means that area served by a wastewater treatment works, or an area for which an agreement has been reached for future wastewater service, or an area for which capacity is provided to allow disposal of septic tank or holding tank wastes.

NR 162.003(72) (72) “Storm water” has the meaning given in s. NR 216.002 (33).

NR 162.003 Note Note: Under s. NR 216.002 (33), “storm water” means runoff from precipitation, including rain, snow, ice melt, or similar water that moves on the land surface via sheet or channelized flow.

NR 162.003(73) (73) “Subscribing municipality” means a municipality that discharges or plans to discharge all or part of its wastewater or storm water to another municipality for treatment and disposal.

NR 162.003(74) (74) “Subsidy” means the amount provided by the environmental improvement fund to a recipient of CWFP financial assistance under ss. 281.58 and 281.59, Stats., for any of the following purposes:

NR 162.003(74)(a) (a) To reduce the interest rate of CWFP loans from market interest rate to a lower subsidized rate.

NR 162.003(74)(b) (b) To reduce the interest payments on eligible loans or portions of loans made by the BCPL.

NR 162.003(74)(c) (c) To forgive a portion of the principal of a CWFP loan.

NR 162.003(75) (75) “Substantial completion” means the date on which construction of the scored project is sufficiently complete in accordance with the contract documents so that the owner can occupy or utilize the scored project for its intended use.