Chapter NR 162

Subsidy ratio . . . is the subsidy ratio calculated in subd. 3., which is the percentage to be applied to interest charged on a BCPL loan in a given year to calculate the appropriate amount of interest rate subsidy to provide the municipality in that year. The subsidy ratio shall not be less than zero percent or greater than 100 percent.

NR 162.43 Note Note: DOA annually calculates the interest rate subsidy amount for each CWFP interest rate subsidy agreement still in effect. The amount provided to the municipality in a given year is based on information supplied by the BCPL regarding the amount of interest charged during that year on each outstanding BCPL loan associated with a CWFP interest rate subsidy agreement. The BCPL determines the type of municipal obligation that is required for the repayment of its loan.

NR 162.43 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.44 NR 162.44 Interest rate subsidy agreement conditions.

NR 162.44(1) (1) Comply with laws. The interest rate subsidy agreement shall require the recipient and the treatment works or BMP to comply with all pertinent requirements of federal, state, and local laws and regulations and outstanding CWFP and safe drinking water loan program financial assistance agreements.

NR 162.44(2) (2) Recipient requirements. The interest rate subsidy agreement shall require the recipient to do all of the following:

NR 162.44(2)(a) (a) Access. Provide department representatives access to the project, including construction activities, whenever it is in preparation or progress. The recipient shall allow department representatives access to records of contractors and subcontractors that are pertinent to the project for the purpose of making inspections, examinations, excerpts, copies, and transcriptions. The recipient shall also allow DOA access to records for audits.

NR 162.44(2)(b) (b) Operations and maintenance. Develop and adopt a program of system-wide operations and maintenance of the treatment works, including the training of personnel.

NR 162.44(2)(c) (c) Erosion and sediment control. Comply with all applicable construction site performance standards and technical standards established in ch. NR 151 for controlling runoff pollution.

NR 162.44 Note Note: Storm water technical standards, models, and BMPs are available online at http://dnr.wi.gov/topic/stormwater/standards/. Use the standards to plan, design, install, and maintain erosion and sediment control, and storm water management practices, to comply with ch. NR 151. This information on the web is also available in paper form and may be obtained from the Department of Natural Resources, Bureau of Community Financial Assistance, 101 South Webster Street, Madison, Wisconsin 53702.

NR 162.44(2)(d) (d) Construction inspection. Provide and maintain adequate construction inspection to ensure conformance with the approved plans and specifications.

NR 162.44(2)(e) (e) Substantial completion. Notify the department of the substantial completion of the project.

NR 162.44(2)(f) (f) Minority business enterprise and women business enterprise utilization reporting requirements. Document all utilization of MBEs and WBEs on the project.

NR 162.44(3) (3) Effective date. The interest rate subsidy agreement is not effective until executed by all parties to the agreement.

NR 162.44(4) (4) Debt service and equipment replacement fund. If required under s. 281.58 (14) (b) 7., Stats., the recipient shall adopt and maintain a user charge system that generates sufficient revenue to cover the cost of debt service and equipment replacement.

NR 162.44 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.45 NR 162.45 Financial management. The recipient shall do all of the following:

NR 162.45(1) (1) Maintain project accounts in accordance with generally accepted accounting principles or other methods of accounting accepted by the department or required by the federal government.

NR 162.45(2) (2) Maintain a financial management system that meets the requirements, terms, and conditions of the interest rate subsidy agreement.

NR 162.45(3) (3) Comply with any requirements of the BCPL.

NR 162.45 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.46 NR 162.46 Interest rate subsidy disbursements and project closeout.

NR 162.46(1) (1) General. After execution of the interest rate subsidy agreement, DOA may provide interest rate subsidy for the eligible portion of project costs incurred within the scope of a scored project. The department shall determine compliance with the terms and conditions of the interest rate subsidy agreement before interest rate subsidy payments are made.

NR 162.46(2) (2) Application of subsidy payments. Subsidy payments shall be applied to the interest due on the BCPL loan.

NR 162.46(3) (3) Amendments and change orders.

NR 162.46(3)(a) (a) The eligible costs established in the interest rate subsidy agreement that were used to calculate the subsidy payment may not be increased by amendment or change order.

NR 162.46(3)(b) (b) An executed interest rate subsidy agreement may be amended only if the department or DOA determines that an amendment is needed to correct an error or errors in the agreement.

NR 162.46(4) (4) Project closeout. All of the following project closeout procedures shall be completed as soon as is practicable after the final completion of project construction:

NR 162.46(4)(a) (a) Final inspection. The recipient shall notify the department of the final completion of the project. The department may complete a final inspection of the project.

NR 162.46(4)(b) (b) Documentation of minority business enterprise and women business enterprise utilization. The recipient shall document and submit information regarding utilization of MBEs and WBEs in the form required by the department.

NR 162.46 Note Note: An MBE/WBE utilization form is available on the Environmental Improvement Fund website at https://dnr.wisconsin.gov/aid/documents/EIF/Forms/forms.html or from the Bureau of Community Financial Assistance, Department of Natural Resources, Box 7921, Madison WI 53707-7921.

NR 162.46(4)(c) (c) Operations and maintenance. The municipality shall submit to the department evidence that its operations and maintenance manual has been updated as required by the department.

NR 162.46(4)(d) (d) Department confirmation of recipient’s compliance. The department shall inform DOA of the recipient’s compliance with all applicable requirements of this chapter and the interest rate subsidy agreement.

NR 162.46(4)(e) (e) Closeout of completed projects. If the recipient does not provide the required documents for project closeout of a completed project to the department for any CWFP interest rate subsidy agreement or other financial assistance from the environmental improvement fund and applies for funding from the environmental improvement fund for another project, the department may deny financial assistance for the new project until the previous project is closed out according to requirements in this chapter.

NR 162.46 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.47 NR 162.47 Breach of contract and noncompliance. The department may rescind an interest rate subsidy agreement or seek any other appropriate administrative remedy upon breach of contract by the recipient or if the recipient fails to comply with ss. 281.58 and 281.59, Stats., or with provisions of this chapter.

NR 162.47 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.48 NR 162.48 Termination. The department shall terminate the interest rate subsidy agreement if the recipient terminates its loan agreement with the BCPL or prepays all of the principal of the loan prior to the end of the term of the financial assistance agreement. No subsidy payment may be made for a year in which the loan is paid off early or the interest rate subsidy agreement is terminated early.

NR 162.48 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

subch. V of ch. NR 162 Subchapter V — Priority Scoring and Ranking System

NR 162.49 NR 162.49 Project scoring system. Projects shall be scored under one of the following three categories: sewage collection systems, wastewater treatment plants, or storm water projects.

NR 162.49(1) (1) Collection system projects. The following factors, when applied to sewage collection system projects in accordance with s. NR 162.50, shall determine the priority scoring for clean water fund program financial assistance pursuant to s. 281.58, Stats.:

NR 162.49(1)(a) (a) Project type score. The following points shall be awarded to each sewage collection system project:

NR 162.49(1)(a)1. 1. Fifty points for a project that the department determines is necessary to prevent a municipality from significantly exceeding an effluent limitation contained in a permit issued under ch. 283, Stats., including eligible projects identified under s. NR 162.03 (1) (a) 2.

NR 162.49(1)(a)2. 2. Twenty-five points for a project that installs sewers in a previously unsewered area, including eligible projects identified under s. NR 162.03 (1) (d) 2.

NR 162.49(1)(a)3. 3. Five points for a project to improve a sewage collection system that contributes to violations of a permit issued under ch. 283, Stats., or that has been the subject of an enforcement action pursuant to s. 281.98, Stats., related to a performance standard, including eligible projects or costs identified under s. NR 162.03 (1) (c).

NR 162.49(1)(b) (b) Human health score. A sewage collection system project may be awarded points for human health only if the project is necessary to eliminate a health hazard, subject to all of the following:

NR 162.49(1)(b)1. 1. ‘Replacing failing septic systems.’ A project that reduces the percentage of failing private systems shall be awarded the following points:

NR 162.49(1)(b)1.a. a. Thirty points if 70 percent or more of the systems included in the project are failing systems.

NR 162.49(1)(b)1.b. b. Twenty-five points if 50 percent to less than 70 percent of the systems included in the project are failing systems.

NR 162.49(1)(b)1.c. c. Twenty points if 30 percent to less than 50 percent of the systems included in the project are failing systems.

NR 162.49(1)(b)1.d. d. Fifteen points if 15 percent to less than 30 percent of the systems included in the project are failing systems.

NR 162.49(1)(b)1.e. e. Ten points if 5 percent to less than 15 percent of the systems included in the project are failing systems.

NR 162.49(1)(b)1.f. f. Five points if less than 5 percent but greater than 0 percent of the systems included in the project are failing systems.

NR 162.49 Note Note: Failing septic systems include those with surface water ponding, discharge of sewage to the ground, or high groundwater or crevassed bedrock.

NR 162.49(1)(b)2. 2. ‘Elimination or prevention of bypasses and overflows.’ A project that reduces or prevents bypasses and overflows that have occurred within the 5 years prior to the most recent submittal deadline for priority evaluation and ranking form information shall be awarded 15 points. If the most recent bypass or overflow occurred more than 5 years prior to the most recent submittal deadline for priority evaluation and ranking form information, the department shall award 15 points under this subdivision only if the project is part of a larger phased collection system improvement plan required by a court-stipulated action, a consent order, a compliance schedule in a permit, or another type of legal document.

NR 162.49(1)(b)3. 3. ‘Collection-system related backups.’ A project that is necessary to reduce the number of basement backups related to the sewage collection system from the number of backups that have occurred within the 5 years prior to the most recent submittal deadline for priority evaluation and ranking form information shall be awarded the following points:

NR 162.49(1)(b)3.a. a. Fifteen points if the project is necessary to eliminate documented basement backups at 50 or more different municipal addresses.

NR 162.49(1)(b)3.b. b. Ten points if the project is necessary to eliminate documented basement backups at 15 to 49 different municipal addresses.

NR 162.49(1)(b)3.c. c. Five points if the project is necessary to eliminate documented basement backups at 1 to 14 different municipal addresses.

NR 162.49(1)(b)4. 4. ‘New collection system and new wastewater treatment plant.’ A project eligible under s. NR 162.03 (1) (d), in which one municipality is constructing both a new wastewater treatment plant and a new collection system to serve only one new sewer service area that includes customers within the applicant’s municipal boundaries, shall be awarded 10 points.

NR 162.49(1)(c) (c) Regionalization score. This section does not apply to sanitary sewer extensions within a municipality’s sewer service area. Sewage collection system projects that result in increased regionalization of wastewater treatment and a reduction in the number of locations at which effluent from wastewater treatment plants or individual septic systems is discharged into waters of the state shall be awarded the following points:

NR 162.49(1)(c)1. 1. Fifty points if the recipient’s project results in elimination of individual septic systems and the recipient becomes a new subscribing municipality to another municipality’s wastewater treatment plant.

NR 162.49(1)(c)2. 2. One hundred points for either of the following situations:

NR 162.49(1)(c)2.a. a. The recipient will abandon its existing treatment facility and construct new infrastructure to convey its wastewater to a new treatment facility being constructed to accommodate 2 or more municipalities.

NR 162.49(1)(c)2.b. b. The recipient will abandon its own existing treatment facility and construct new infrastructure to convey its wastewater to an existing treatment facility owned by another municipality.

NR 162.49(2) (2) Wastewater treatment plant projects. The following factors, when applied to wastewater treatment plant projects in accordance with s. NR 162.50, shall determine the priority scoring for CWFP financial assistance under s. 281.58, Stats.:

NR 162.49(2)(a) (a) Project type score. The following points shall be awarded to each wastewater treatment plant project:

NR 162.49(2)(a)1. 1. Fifty points to a project meeting the criteria of s. NR 162.03 (1) (a) 1., necessary to prevent a municipality from significantly exceeding an effluent limitation contained in a permit issued under ch. 283, Stats.

NR 162.49(2)(a)2. 2. Fifty points to a project eligible under s. NR 162.03 (1) (b), required to meet new or changed WPDES permit limits.

NR 162.49(2)(a)3. 3. Five points to a project meeting the criteria under s. NR 162.03 (1) (c), necessary to correct violations of an effluent limit contained in a permit issued under ch. 283, Stats.

NR 162.49(2)(b) (b) Human health criteria. Projects that directly affect human health shall be awarded points based on the following criteria:

NR 162.49(2)(b)1. 1. Ten points if the project is necessary to prevent bypasses and overflows at a wastewater treatment plant that has had at least one occurrence of bypass or overflow, as defined in s. NR 210.21, within the 5 years prior to the most recent submittal deadline for priority evaluation and ranking form information.

NR 162.49(2)(b)2. 2. Five points if the project is necessary to eliminate documented system-related backups that occurred within the 5 years prior to the most recent submittal deadline for priority evaluation and ranking form information caused by conditions at the wastewater treatment plant but not including backups caused by problems in the sewage collection system or backups due to excessive infiltration and inflow.

NR 162.49(2)(b)3. 3. Ten points if the wastewater treatment works discharges to groundwater.

NR 162.49(2)(b)4. 4. Ten points if the wastewater treatment works has a groundwater discharge and an effluent limit for total nitrogen.

NR 162.49(2)(b)5. 5. Five points if the wastewater treatment works has a groundwater discharge and an effluent limit for any compounds other than nitrogen, such as a limit for chlorides. The maximum number of points under this subdivision is 5.

NR 162.49 Note Example – If a treatment works has a groundwater discharge and an effluent limit for chlorides and an effluent limit for phosphorus, the department shall award only 5 points in this subdivision, even though there are 2 compounds for which the permit includes effluent limits.

NR 162.49(2)(b)6. 6. Five points if the wastewater treatment works’ permit requires annual disinfection prior to discharge.

NR 162.49(2)(b)7. 7. Three points if the wastewater treatment works’ permit requires disinfection but on a less than annual basis prior to discharge.

NR 162.49(2)(c) (c) Water quality criteria. The department shall award points for water quality parameters, based on the facility’s WPDES permit limits. The department shall use surface water effluent limits in the current WPDES permit when determining the appropriate points to assign in the water quality criteria category as follows:

NR 162.49(2)(c)1. 1. For BOD limits, the department shall assign points as follows, unless the permit includes a CBOD limit that provides a higher number of points:

NR 162.49(2)(c)1.a. a. Sixteen points if the monthly permit limit for BOD, or the most stringent seasonal limit for BOD in the permit, is less than 10 mg/l.

NR 162.49(2)(c)1.b. b. Twelve points if the monthly permit limit for BOD, or the most stringent seasonal limit for BOD in the permit, is 10 or more mg/l but less than 15 mg/l.

NR 162.49(2)(c)1.c. c. Eight points if the monthly permit limit for BOD, or the most stringent seasonal limit for BOD in the permit, is 15 or more mg/l but less than 20 mg/l.

NR 162.49(2)(c)1.d. d. Five points if the monthly permit limit for BOD, or the most stringent seasonal limit for BOD in the permit, is 20 or more mg/l but less than 30 mg/l.

NR 162.49(2)(c)1.e. e. Two points if the monthly permit limit for BOD, or the most stringent seasonal limit for BOD in the permit, is 30 or more mg/l.

NR 162.49(2)(c)2. 2. For CBOD limits, the department shall assign points as follows, unless the permit includes a BOD limit that provides a higher number of points:

NR 162.49(2)(c)2.a. a. Sixteen points if the monthly permit limit for CBOD, or the most stringent seasonal limit for CBOD in the permit, is less than 10 mg/l.