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NR 162.23(1)(a)7.e.e. The demolition entails removal of equipment or materials, or both, from inside an existing building or other structure that is part of the treatment works being modified or repurposed as part of the scored project.
NR 162.23(1)(a)8.8. ‘Discharge monitoring.’ The cost of equipment owned or to be owned by the municipality for illicit discharge monitoring of a storm water treatment works or BMP.
NR 162.23(1)(a)9.9. ‘Easements and rights-of-way.’ Acquisition of easements and rights–of–way, including purchase cost, and administrative and legal expenses.
NR 162.23(1)(a)10.10. ‘Equipment.’ Equipment, the costs of which the department may prorate if the municipality intends to use these items for multiple purposes rather than solely for the storm water treatment works or BMP. Eligible equipment includes any of the following:
NR 162.23(1)(a)10.a.a. Mobile equipment, such as portable stand-by generators, portable emergency pumps, and grounds and maintenance equipment for mowing and snow removal, for the storm water treatment works or BMP.
NR 162.23(1)(a)10.b.b. Spare parts, if included in the plans and specifications or otherwise approved by the department.
NR 162.23(1)(a)10.c.c. Machinery for manufacturing or repairing necessary tools or equipment for the storm water treatment works or BMP.
NR 162.23(1)(a)10.d.d. Computers, tablets, and related equipment, including purchasing, installing, programming, or upgrading computers, printers, control systems, and other computer-related equipment necessary for operating and maintaining the storm water treatment works or BMP. Equipment and systems for accounting, billing, public notification, testing, monitoring, reporting, emergency alerts, communications, geographic information, and supervisory control and data acquisition are included under this subd. 10. d.
NR 162.23(1)(a)11.11. ‘Fees.’ Fees paid by the municipality for any of the following:
NR 162.23(1)(a)11.a.a. Permits obtained for construction, including building, electrical, and plumbing permits, construction site storm water permits, and railroad crossing permits.
NR 162.23(1)(a)11.b.b. Legal fees of an attorney that is not an on-staff municipal attorney, including costs of legal reviews of architectural, engineering, or construction contracts, user charge systems and sewer use ordinances, management plans, intermunicipal agreements, and legal work necessary for securing eligible permits.
NR 162.23(1)(a)11.c.c. Service fees paid to a state or federal agency, except administrative fees paid annually along with principal and interest payments on a CWFP loan.
NR 162.23(1)(a)12.12. ‘Groundwater monitoring.’ Installing groundwater monitoring equipment or facilities.
NR 162.23(1)(a)13.13. ‘Insurance.’ Purchasing insurance necessary during construction of the scored project, including property, liability, builder’s risk, and construction insurance.
NR 162.23(1)(a)14.14. ‘Interim debt.’ Costs associated with interim debt for the scored project as delineated in s. NR 162.04 (3).
NR 162.23(1)(a)15.15. ‘Land Acquisition.’ Acquiring land, including purchase cost and administrative and legal expenses if any of the following applies:
NR 162.23(1)(a)15.a.a. The land is property on which the storm water treatment works or BMP will be located, including urban corridors needed to support integrated systems of a storm water treatment works or BMP for urban runoff.
NR 162.23(1)(a)15.b.b. The land is the property on which individual systems are or will be located if the systems are publicly-owned and maintained.
NR 162.23(1)(a)16.16. ‘Management plans.’ Developing a detailed management plan for a scored project.
NR 162.23(1)(a)17.17. ‘Municipal staff, equipment, and materials.’ Municipal expenses incurred solely for the scored project and documented by the municipality as force account work, including any of the following:
NR 162.23(1)(a)17.a.a. Salary and benefits of municipal employees, except elected officials or on-staff attorneys, for time spent working directly on the scored project.
NR 162.23(1)(a)17.b.b. Expendable material costs incurred by the municipality.
NR 162.23(1)(a)17.c.c. Estimated costs incurred using equipment owned by the municipality.
NR 162.23(1)(a)18.18. ‘Pretreatment or toxicity reduction.’ Developing a municipal pretreatment or toxicity reduction program and constructing facilities to be used by the storm water treatment works or BMP in the program, including monitoring equipment.
NR 162.23(1)(a)19.19. ‘Professional services.’ Engineering, architectural, legal, and other professional services and fees, including any of the following:
NR 162.23(1)(a)19.a.a. Conducting value engineering studies or analyses during the design phase.
NR 162.23(1)(a)19.b.b. Conducting system evaluations and studies.
NR 162.23(1)(a)19.c.c. Developing facilities plans and engineering reports.
NR 162.23(1)(a)19.d.d. Preparing and submitting plans and specifications.
NR 162.23(1)(a)19.e.e. Preparing, printing, and distributing bidding documents.
NR 162.23(1)(a)19.f.f. Gathering documents and information for, and completing, the CWFP financial assistance application, and other forms required for financial assistance.
NR 162.23(1)(a)19.g.g. Developing or revising an operations and maintenance manual.
NR 162.23(1)(a)19.h.h. Advertising for and conducting bid lettings.
NR 162.23(1)(a)19.i.i. Analyzing bids, preparing award recommendations, and preparing contracts.
NR 162.23(1)(a)19.j.j. Providing construction management, observation, and inspection.
NR 162.23(1)(a)19.k.k. Preparing for and facilitating public education and participation opportunities.
NR 162.23(1)(a)19.L.L. Travel, indirect costs, and labor included in contracts for services related to the scored project.
NR 162.23(1)(a)19.m.m. Preparing a user charge system or an ordinance related to storm water management.
NR 162.23(1)(a)19.n.n. Preparing environmental assessment reports and evaluations.
NR 162.23(1)(a)19.o.o. Conducting archaeological surveys and gathering historical site information.
NR 162.23(1)(a)19.p.p. Providing municipal advisor or bond counsel services related to loan closing or the issuance of bonds.
NR 162.23(1)(a)19.q.q. Producing record drawings.
NR 162.23(1)(a)19.r.r. Updating or upgrading storm water treatment works maps of the areas impacted by the scored project.
NR 162.23(1)(a)19.s.s. Monitoring use of American-made products.
NR 162.23(1)(a)19.t.t. Providing administration of activities related to Davis-Bacon and related acts or other wage requirements.
NR 162.23(1)(a)19.u.u. Conducting research or energy audits for incorporation of energy and water efficiency and conservation into the planning and design of a project.
NR 162.23(1)(a)20.20. ‘Project site.’ Construction-related work activities at the project site of a scored project, including any of the following:
NR 162.23(1)(a)20.a.a. Landscaping areas impacted by construction of the scored project.
NR 162.23(1)(a)20.b.b. Relocating sanitary sewers or watermains if necessary for construction and replacing mains with the same size or required minimum size pipe if breakage from construction occurs.
NR 162.23(1)(a)20.c.c. Erecting project and storm water treatment works or BMP identification signs.
NR 162.23(1)(a)20.d.d. Preparing a site for construction, including surveying, staking, and grading.
NR 162.23(1)(a)20.e.e. Restoring the construction site to original condition or upgrading the site to meet state and local requirements.
NR 162.23(1)(a)20.f.f. Removing, relocating, or replacing utilities, providing temporary utilities, installing new utility equipment, or upgrading utilities, if the recipient is legally obligated to pay these costs.
NR 162.23(1)(a)21.21. ‘Safety.’ Purchasing and installing safety equipment to be used in the operation and maintenance of the storm water treatment works or BMP.
NR 162.23(1)(a)22.22. ‘Storm sewers that lead to treatment.’ Evaluation, new installation, replacement, and lining and other rehabilitation of storm water conveyance that leads to treatment.
NR 162.23(1)(a)23.23. ‘Security.’ Purchasing and installing security equipment for the treatment works or BMP, including surveillance cameras, fencing, security alarms, and motion detectors, and conducting a vulnerability assessment if necessary for determining security needs.
NR 162.23(1)(a)24.24. ‘Special assessment fees.’ Financial and legal costs associated with the process of preparing and implementing special assessments when the municipality is pledging special assessments as part of repayment of its CWFP loan.
NR 162.23(1)(a)25.25. ‘Startup.’ Startup expenses for a storm water treatment works or BMP incurred solely because of the scored project, including costs for any of the following:
NR 162.23(1)(a)25.a.a. Preparing a startup curriculum and training materials.
NR 162.23(1)(a)25.b.b. Initial training of operating personnel related to the scored project.
NR 162.23(1)(a)25.c.c. Implementing a maintenance management system.
NR 162.23(1)(a)25.d.d. Purchasing the first fuel fill-up for new equipment, such as generators.
NR 162.23(1)(a)26.26. ‘Storm sewers and other conveyance.’ Storm water conveyance that carries storm water runoff to an eligible treatment device or facility.
NR 162.23(1)(a)27.27. ‘Street restoration.’ Restoring streets and rights-of-way, and repairing damage to items such as pavement, sidewalks, and sanitary sewers necessary as a result of construction of the scored project. Eligibility of costs may be prorated based on participation by one or more other funding sources, or on the percent of the project attributable to CWFP-eligible or project-specific activities.
NR 162.23 NoteNote: Other funding sources that tend to participate in the types of projects that involve street restoration include the department of transportation, the community development block grant program, and the U.S. department of agriculture rural development community programs. Proration of costs can be due to the other funding source covering a portion of costs that would otherwise be eligible for CWFP funding or because some of the project costs are not eligible.
NR 162.23(1)(a)28.28. ‘Watermains.’ Relocating watermains if necessary for construction, and replacing watermains of the same size or required minimum size if breakage due to construction of a scored project occurs.
NR 162.23(1)(b)(b) Eligible at market rate. Costs eligible for market interest rate financing of a scored project include any of the following:
NR 162.23(1)(b)1.1. The cost for the flow from state and federal facilities if the flow from these facilities exceeds 5 percent of the total flow to a storm water treatment works or BMP.
NR 162.23(1)(b)2.2. The cost of any portion of a project to correct violations of effluent limitations contained in a permit issued under ch. 283, Stats., or violations of performance standards.
NR 162.23(1)(b)3.3. The cost for any portion of a project designed solely for flood control and not required to meet WPDES storm water permit requirements or performance standards.
NR 162.23(1)(b)4.4. The cost for any portion of a storm water project that exclusively serves development not in existence as of the date of the application. These costs are eligible for funding only if the project furthers the local comprehensive planning goals identified in s. 1.13 (2), Stats., and, beginning January 1, 2010, is consistent with a comprehensive plan prepared pursuant to s. 66.1001, Stats.
NR 162.23(1)(b)5.5. The amount of project costs determined appropriate for a sanction under s. NR 162.08 (4) (b) for noncompliance with DBE good faith effort requirements established in s. NR 162.08 (4) (a).
NR 162.23(1)(c)(c) Market rate cost calculation.
NR 162.23(1)(c)1.1. The amount of the costs described in par. (b) 1. to 4. is determined using a parallel cost percentage that is calculated as follows:
NR 162.23(1)(c)1.a.a. Determine the total design capacity based on total flows and loadings.
NR 162.23(1)(c)1.b.b. Calculate a reduced capacity condition by subtracting the flows and loadings associated with par. (b) 1. to 4. from the total design capacity.
NR 162.23(1)(c)1.c.c. Estimate the eligible project costs associated with each of the conditions in subd. 1. a. and b.
NR 162.23(1)(c)1.d.d. Divide the cost of the reduced capacity condition by the costs of the total design capacity.
PC = RC/DC
Where:
PC . . . is the parallel cost percentage expressed as a decimal.
RC . . . is the cost associated with the reduced capacity condition.
DC . . . is the cost associated with the total design capacity.
NR 162.23(1)(c)2.2. The amount of market rate project costs in par. (b) 1. to 4. is calculated as follows:
EM = (TP)(1–PC)
Where:
EM . . . is the amount of project costs eligible for market rate financing only.
TP . . . is the total project cost eligible for CWFP financing.
PC . . . is the parallel cost percentage expressed as a decimal.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.