NR 162.38(1)(c)2.c.c. The municipality has unlimited access to each individual BMP at all reasonable times for the purposes of inspection, monitoring, construction, maintenance, operation, rehabilitation, and replacement of the BMP.

NR 162.38(1)(c)2.d.d. The municipality establishes a comprehensive program for the regulation, inspection, operation, and maintenance of individual BMPs, and for monitoring the impact of the BMPs on the groundwater where required by the department.

NR 162.38(1)(c)2.e.e. The municipality complies with all other applicable requirements, limitations, and conditions for projects funded under this chapter.

NR 162.38(1)(c)3.3. The access required under subd. 2. c. shall be established through easements, ordinance, or covenants running with the land.

NR 162.38(1)(c)4.4. The department may require that the program established under subd. 2. d. includes periodic testing of water from existing potable water wells and monitoring of aquifers in the area.

NR 162.38(2)(2) Ineligible projects. The department may determine that an entire project or a portion of a project is ineligible for CWFP interest rate subsidy. If the department determines that a portion of a project is ineligible, it shall specifically identify the ineligible portion and the associated costs, or prorate the amount of interest rate subsidy to be provided to reflect the appropriate proportion of eligible to ineligible project costs, or both, in the interest rate subsidy agreement. All of the following projects or portions of projects are not eligible to receive financial assistance under this subchapter:

NR 162.38(2)(b)(b) Projects of a municipality that is failing to substantially comply with applicable conditions or requirements of s. 281.58 or 281.59, Stats., ch. Adm 35, this chapter, an existing financial assistance agreement with the CWFP or Wisconsin’s safe drinking water loan program under s. 281.61, Stats., or an interest rate subsidy agreement, or with the terms of a federal or state grant used to pay the costs to plan, design, or construct a treatment works or BMP.

NR 162.38(2)(c)(c) As specified in s. 281.58 (8) (a) 2., Stats., privately-owned connection laterals and sewer lines that transport wastewater from structures to municipally-owned or privately-owned wastewater systems.

NR 162.38(2)(d)(d) Public sanitary sewer mains, interceptors, and individual systems that exclusively serve development not in existence as of the date the department receives an interest rate subsidy application submitted by a municipality under this subchapter.

NR 162.38(2)(e)(e) Any project from which no construction costs are to be funded through the CWFP, unless another governmental agency is providing financing for the construction costs and the department receives acceptable documentation of the other agency’s commitment, as determined by the department, except if purchasing existing treatment works is the general scope of the project.

NR 162.38(2)(f)(f) Dams, pipes, conveyance systems, and BMPs, including storm sewer rerouting and land acquisition, when intended solely for drainage and flood control.

NR 162.38(2)(g)(g) Any project in an unsewered municipality that will be disposing of wastewater in the treatment works of another municipality and has not executed an intermunicipal agreement under s. 66.0301, Stats., with the other municipality to receive, treat, and dispose of the wastewater.

NR 162.38(2)(i)(i) Any project that includes 2 or more municipalities that utilize shared or interconnected treatment works or a BMP, unless the municipalities served by the project execute an intermunicipal agreement that meets the requirements described in s. NR 162.05 (4) (h) for a wastewater project or s. NR 162.24 (3) (h) for a storm water project. This paragraph does not apply to a metropolitan sewerage district in which all municipalities being served have been annexed into the sewerage district or to a situation in which the intermunicipal exception under s. NR 162.05 (5) has been met.

NR 162.38 HistoryHistory: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23; correction in (1) (intro.), (b), (c) 2. made under s. 35.17, Stats., Register October 2023 No. 814.

NR 162.39(1)(1) Eligible costs. Project costs described in ss. NR 162.04 (1) (a) and 162.23 (1) (a) are eligible for interest rate subsidy.

NR 162.39(2)(2) ineligible costs. Project costs described in ss. NR 162.04 (1) (b) and (2) and 162.23 (1) (b) and (2) are not eligible for interest rate subsidy.

NR 162.40(1)(1) Notice of intent to apply submittal. A municipality that intends to apply for interest rate subsidy shall submit to the department a notice of its intent to apply in accordance with s. NR 162.05 (1).

NR 162.40 NoteNote: Instructions regarding the online application systems are available on the Environmental Improvement Fund website at dnr.wi.gov/Aid/EIF.html.

NR 162.40(2)(2) Notice of intent to apply deadline. The department may set a notice of intent to apply submittal deadline by publishing the deadline date in the annual intended use plan.

NR 162.40(3)(3) Facilities plan. A municipality requesting interest rate subsidy for a wastewater or storm water project shall submit a facilities plan or other applicable plan to the department for approval. The municipality shall receive approval of the facilities plan or other applicable plan prior to submitting an application for financial assistance.

NR 162.40(4)(4) Application procedures. A municipality shall apply for interest rate subsidy in accordance with s. 281.58 (9) (a) to (c), Stats., in the form required by the department.

NR 162.40 NoteNote: An application form is available on the Environmental Improvement Fund website at dnr.wi.gov/Aid/EIF.html and from the Bureau of Community Financial Assistance, Department of Natural Resources, Box 7921, Madison WI 53707-7921.

NR 162.40(5)(5) Contents of application. The applicant shall submit a complete interest rate subsidy application. A complete application includes the following items: