Chapter NR 162

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.

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

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

NR 162.49(2)(c)2.d. d. Five points if the monthly permit limit for CBOD, or the most stringent seasonal limit for CBOD in the permit, is 20 or more mg/l but less than 25 mg/l.

NR 162.49(2)(c)2.e. e. Two points if the monthly permit limit for CBOD, or the most stringent seasonal limit for CBOD in the permit, is 25 or more mg/l.

NR 162.49(2)(c)3. 3. For TSS limits, the department shall assign points as follows:

NR 162.49(2)(c)3.a. a. Sixteen points if the monthly permit limit for TSS, or the most stringent seasonal limit for TSS in the permit, is less than 10 mg/l.

NR 162.49(2)(c)3.b. b. Twelve points if the monthly permit limit for TSS, or the most stringent seasonal limit for TSS in the permit, is 10 or more mg/l but less than 15 mg/l.

NR 162.49(2)(c)3.c. c. Eight points if the monthly permit limit for TSS, or the most stringent seasonal limit for TSS in the permit, is 15 or more mg/l but less than 20 mg/l.

NR 162.49(2)(c)3.d. d. Five points if the monthly permit limit for TSS, or the most stringent seasonal limit for TSS in the permit, is 20 or more mg/l but less than 30 mg/l.

NR 162.49(2)(c)3.e. e. Two points if the monthly permit limit for TSS, or the most stringent seasonal limit for TSS in the permit, is 30 or more mg/l.

NR 162.49(2)(c)4. 4. For DO limits, the department shall assign points as follows:

NR 162.49(2)(c)4.a. a. Three points if the monthly permit limit for DO is greater than 6.99 mg/l.

NR 162.49(2)(c)4.b. b. One point if the monthly permit limit for DO is 4 or more mg/l but less than or equal to 6.99 mg/l.

NR 162.49(2)(c)5. 5. For ammonia limits, the department shall assign points for either a chronic limit or an acute limit, whichever provides the highest points, as follows:

NR 162.49(2)(c)5.a. a. Five points if the monthly permit limit is for acute ammonia.

NR 162.49(2)(c)5.b. b. Fifteen points if the monthly permit limit for chronic ammonia, or the most stringent seasonal limit for chronic ammonia in the permit, is less than 5 mg/l.

NR 162.49(2)(c)5.c. c. Ten points if the monthly permit limit for chronic ammonia, or the most stringent seasonal limit for chronic ammonia in the permit, is 5 or more mg/l but less than 10 mg/l.

NR 162.49(2)(c)5.d. d. Six points if the monthly permit limit for chronic ammonia, or the most stringent seasonal limit for chronic ammonia in the permit, is 10 or more mg/l but less than 15 mg/l.

NR 162.49(2)(c)5.e. e. Two points if the monthly permit limit for chronic ammonia, or the most stringent seasonal limit for chronic ammonia in the permit, is 15 or more mg/l.

NR 162.49(2)(c)6. 6. For phosphorus limits, the department shall assign points as follows:

NR 162.49(2)(c)6.a. a. Twenty points if the monthly permit limit for phosphorus is less than 0.2 mg/l.

NR 162.49(2)(c)6.b. b. Fifteen points if the monthly permit limit for phosphorus is 0.2 or more mg/l but less than 0.4 mg/l.

NR 162.49(2)(c)6.c. c. Ten points if the monthly permit limit for phosphorus is 0.4 or more mg/l but less than 0.6 mg/l.

NR 162.49(2)(c)6.d. d. Five points if the monthly permit limit for phosphorus is 0.6 or more mg/l but less than 0.9 mg/l.

NR 162.49(2)(c)6.e. e. Two points if the monthly permit limit for phosphorus is 0.9 or more mg/l but less than 2.5 mg/l.

NR 162.49(2)(c)6.f. f. One point if the monthly permit limit for phosphorus is 2.5 or more mg/l.

NR 162.49(2)(c)7. 7. The department shall assign points as follows if the WPDES permit includes a limit for the specific element:

NR 162.49(2)(c)7.a. a. One point if the permit includes a chloride limit.

NR 162.49(2)(c)7.b. b. One point if the permit includes a copper limit.

NR 162.49(2)(c)7.c. c. One point if the permit includes a nickel limit.

NR 162.49(2)(c)7.d. d. One point if the permit includes a zinc limit.

NR 162.49(2)(c)7.e. e. One point if the permit includes a mercury limit.

NR 162.49(2)(c)7.f. f. One point if the permit includes a cadmium limit.

NR 162.49(2)(c)7.g. g. One point if the permit includes an arsenic limit.

NR 162.49(2)(d) (d) Regionalization score. This section does not apply to sanitary sewer extensions within the municipality’s sewer service area. Treatment works projects that result in new or expanded regionalization of wastewater treatment shall be awarded the following points:

NR 162.49(2)(d)1. 1. Fifty points if the project results in the recipient’s full or partial ownership of a new treatment facility being constructed to treat wastewater conveyed from 2 or more municipalities. This excludes a situation in which the owner or owners of an existing regional treatment facility will abandon the existing treatment facility and construct a new treatment facility with no new subscribers.

NR 162.49(2)(d)2. 2. Fifty points if the recipient is upgrading its existing treatment facility to accept and treat increased flows or loadings, or both, conveyed to the plant by one or more new subscribing municipalities, and the increase in flows or loadings is expected to be more than 10 percent of the pre-project design flows or loadings.

NR 162.49(3) (3) Storm water management projects. The following factors, when applied to storm water projects in accordance with s. NR 162.50, shall determine the priority scoring for CWFP financial assistance pursuant to s. 281.58, Stats.:

NR 162.49(3)(a) (a) Project type score. The following points shall be awarded to each storm water project:

NR 162.49(3)(a)1. 1. Fifty points shall be awarded to a project if the municipality has a municipal storm water discharge permit under subch. I of ch. NR 216.

NR 162.49(3)(a)2. 2. Twenty-five points shall be awarded to a storm water project in a non-permitted municipality.

NR 162.49(3)(a)3. 3. Five points shall be awarded for a project for construction or replacement of runoff treatment works that violate a permit issued under ch. 283, Stats., or that has been the subject of an enforcement action pursuant to s. 281.98, Stats., for violation of a performance standard. This includes eligible projects or costs identified under s. NR 162.22 (1) and (2).

NR 162.49(3)(b) (b) Human health score. Ten points shall be awarded to a storm water project that includes pretreatment of contaminants before discharging to groundwater through an infiltration system.

NR 162.49(3)(c) (c) Water quality score. Storm water projects may be awarded water quality points based on data from the use of models as approved by the department as follows:

NR 162.49(3)(c)1. 1. Connected drainage areas associated with storm water projects shall be awarded the following points:

NR 162.49(3)(c)1.a. a. Ten points for projects for which the overall percentage of the drainage area connected to high density impervious surfaces, such as commercial strip malls, commercial downtowns, or shopping centers, is 80 percent or greater.

NR 162.49(3)(c)1.b. b. Five points for projects for which the overall percentage of the drainage area connected to medium density impervious surfaces, such as schools, high density residential, mobile homes, freeways, multifamily housing, light industrial, hospitals, or office parks, is 40 percent to 79 percent impervious.

NR 162.49(3)(c)1.c. c. One point for projects for which the overall percentage of the drainage area connected to low density impervious surfaces, such as open spaces, suburban areas, parks, cemeteries, and low or medium density residential areas, is less than 40 percent impervious.

NR 162.49(3)(c)2. 2. Storm water projects that provide TSS removal shall be awarded the following points:

NR 162.49(3)(c)2.a. a. Ten points for 80 percent or more TSS removal.

NR 162.49(3)(c)2.b. b. Five points for 60 percent to less than 80 percent TSS removal.

NR 162.49(3)(c)2.c. c. One point for 40 percent to less than 60 percent TSS removal.

NR 162.49(3)(c)3. 3. Storm water projects that include the following features shall be awarded the following points:

NR 162.49(3)(c)3.a. a. Three points for greater than 55 percent phosphorus removal.

NR 162.49(3)(c)3.b. b. Three points for mechanical nutrient removal technology or other green technology.

NR 162.49(3)(c)3.c. c. Three points for infiltration.

NR 162.49(4) (4) Population. The department shall add a population score to projects that have the same score as other projects within their project category. The population score is one minus the logarithm to the base 10 of the residential population of the municipality served by the project, divided by 10.

  Population score = 1 - log 10 residential population

          10

NR 162.49(5) (5) Intended use plan. The department may include additional or modify existing scoring criteria in the annual CWFP intended use plan.

NR 162.49 Note Note: The intended use plan is required of the department by the U.S. environmental protection agency as part of the application package for the federal capitalization grant for the CWFP.

NR 162.49 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23; correction in (3) (c) (intro.), 1. a. made under s. 35.17, Stats., Register October 2023 No. 814.

NR 162.50 NR 162.50 Project priority score.

NR 162.50(1) (1) A project priority score shall be assigned to each project for which a completed priority evaluation and ranking form is submitted under s. NR 162.51. The project priority score is based on the additive of each criterion within the project category for the project. Each project shall be scored under only one of s. NR 162.49 (1), (2), or (3).

NR 162.50(2) (2) The municipality shall submit documentation as determined by the department to support the points claimed in the priority evaluation and ranking form. If documentation to support points that may be awarded for a particular factor is not submitted at the time of submittal of the priority evaluation and ranking form, zero points shall be awarded for that particular factor.

NR 162.50 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

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

NR 162.51(1) (1) A municipality intending to apply for clean water fund program assistance for a project shall submit to the department project priority evaluation and ranking information, including supporting documentation, in the department’s online format and by the date required by the department.

NR 162.51(2) (2) Upon completion of the review and determination of a priority score, the department shall notify the applicant in writing that the determination is available.

NR 162.51 Note Note: Email notification by the department of the availability of project priority scores on the web meets this requirement.

NR 162.51(3) (3) The department may review and, if necessary under the requirements of this chapter, recalculate priority scores to ensure accuracy and timeliness of information. This includes reviewing a priority score when an applicant determines it will not construct the full scope of the project described in an intent to apply submittal or described through the points requested with the priority evaluation and ranking form information originally submitted for the project for the applicable state fiscal year. If the department finds an error made by the applicant or the department in a priority evaluation and ranking form, the department may revise the project priority score to correct the error at any time during which the priority evaluation and ranking form is valid. The department shall notify an applicant in writing if the department changes the priority score of any of the applicant’s projects.

NR 162.51(4) (4) If the applicant objects to the department’s determination of the priority score in sub. (2) or (3), the applicant may request a reevaluation of the priority score with its application submittal for the state fiscal year for which the priority evaluation and ranking form is valid. The reevaluation request shall state the specifics of the objection. The applicant shall submit any new information that supports the objection and shall provide the priority score the applicant believes should be awarded the project based on this new information. When reevaluating the project priority score, the department shall consider new information only if the new information did not exist at the time of the original submittal.

NR 162.51(5) (5) Upon receipt of a reevaluation request under sub. (4), the department shall reevaluate its determination of the project priority score and shall notify the applicant of the results of the reevaluation. If the department denies the requested priority score, it shall state the reasons in writing.