NR 153.145(1)(1)This section applies only to notice of discharge projects.
NR 153.145(2)(2)Eligibility for funding under this section includes notice of discharge projects that implement best management practices for animal waste management at animal feeding operations for which the department has issued a notice required under s. 281.65 (4e), Stats. Notice of discharge projects shall be designed to meet the water quality goals established in s. 281.65 (4e), Stats.
NR 153.145 NoteNote: The department may fund management practices to meet notice of discharge requirements in two ways. It may fund required management practices through a notice of discharge project authorized under s. 281.65 (4e), Stats. Alternatively, it may fund the required management practices under a targeted runoff management project authorized under s. 281.65 (4c), Stats. This chapter establishes separate requirements and procedures for each of these alternative funding mechanisms.
NR 153.145 HistoryHistory: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.
NR 153.15NR 153.15Cost sharing for best management practices.
NR 153.15(1)(1)Eligible costs.
NR 153.15(1)(a)(a) The department may provide cost sharing for the construction or implementation of best management practices in any project selected for funding under the chapter. The department may attribute design and construction services costs to the cost of construction or implementation of the best management practice. State and local administrative permit fees are not reimbursable as part of the construction cost.
NR 153.15 NoteNote: Although local administrative fees are not reimbursable, the department may reimburse governmental units for design and construction services subject to the limitations of s. NR 153.27 (4).
NR 153.15(1)(b)(b)
NR 153.15(1)(b)1.1. If the purpose of the best management practice is to comply with agricultural performance standards and prohibitions identified in subch. II of ch. NR 151, technical standards for the best management practice shall be included in subch. VIII of ch. ATCP 50 in order for the best management practice to be considered eligible for cost sharing under this chapter.
NR 153.15(1)(b)2.2. Subd.1 does not apply if the department determines there is no technical standard in subch. VIII of ch. ATCP 50 capable of meeting the performance standard or prohibition.
NR 153.15(1)(c)(c) If the purpose of the best management practice is to comply with a non-agricultural performance standard under subch. III or IV of ch. NR 151, or if the purpose of the best management practice is to reduce pollution from a source for which a performance standard is not included in ch. NR 151, the best management practice shall meet one of the following criteria to be considered eligible for cost sharing under this chapter:
NR 153.15(1)(c)1.1. Be included in ch. NR 154.
NR 153.15(1)(c)2.2. Be included in subch. VIII of ch. ATCP 50.
NR 153.15(1)(c)3.3. Be available in accordance with the technical standards development and dissemination requirements of subch. V of ch. NR 151.
NR 153.15(1)(c)4.4. Be identified by the department as an interim best management practice or alternative design criteria in accordance with sub. (3) (b) 4.
NR 153.15(1)(d)(d) The best management practice shall be constructed in accordance with applicable technical standards and conditions identified in this chapter, subch. VIII of ch. ATCP 50, ch. NR 154, in a document that meets the requirements of subch. V of ch. NR 151 or a runoff management grant agreement as provided for under sub. (3) in order to be considered eligible for cost sharing under this chapter.
NR 153.15(1)(e)(e) The best management practice shall be included as an eligible item for cost sharing on a runoff management grant agreement, signed by the department and the governmental unit or state agency, in order to be considered eligible for cost sharing under this chapter.
NR 153.15(1)(f)(f) If a cost-share agreement is required, the best management practice shall be included as an eligible item on the cost-share agreement, signed by the governmental unit and a landowner, land operator or state agency in order to be considered eligible for cost sharing under this chapter.
NR 153.15(1)(g)(g) Best management practices funded under s. 20.866 (2) (te) or (tf), Stats., shall meet requirements for use of bond-sourced funding.
NR 153.15 NoteNote: This section governs what pollution sources are eligible for cost sharing under ch. NR 153. It does not address requirements for compliance with performance standards, nor does it address cost-share funding as a precondition for compliance. Compliance requirements, including when cost-share funding must be made available as a precondition of compliance, are set forth in ss. NR 151.09 and 151.095.
NR 153.15(2)(2)Ineligible costs. All of the following practices, sources or activities are ineligible for cost sharing under this chapter unless approved by the department as part of a demonstration project in accordance with sub. (4):
NR 153.15(2)(a)(a) Best management practices for croplands classified as “new” under s. NR 151.09 (4) (b) 3. or best management practices for livestock facilities classified as “new” under s. NR 151.095 (5) (b) 2.
NR 153.15(2)(ag)(ag) Best management practices to address pollution from a livestock facility or cropland practice that was previously in compliance with standards and prohibitions on or after the date the standard or prohibition became effective under ch. NR 151, regardless of cost share history. The department may make an exception and provide cost sharing to replace practices or practice components previously cost shared by the department that are ineffective during the operation and maintenance period due to unforeseen design problems.
NR 153.15 NoteNote: If a source loses its compliance status because of changes to the standard, cost sharing may be offered for management measures needed to bring the source into compliance with the new standard.
NR 153.15(2)(ar)(ar) Best management practices to address a pollution source for which the department included a previous offer of cost sharing as part of a notice issued pursuant to ch. NR 151 and the management practices were not installed within the required compliance period.
NR 153.15(2)(b)(b) Routine operation and maintenance of best management practices. The department may provide cost sharing one time to re-establish an agricultural best management practice cost shared after October 1, 2002, that is damaged within the cost-share operation and maintenance period by natural causes beyond the control of the landowner or land operator.
NR 153.15(2)(d)(d) Significant expansions of livestock operations are not eligible for cost sharing. The department shall use the criteria in this paragraph for determining whether an increase in the size of the livestock population constitutes a significant expansion and is ineligible for cost sharing. In this paragraph, “livestock population size” means the size of the livestock population, in animal units. In this paragraph, “base livestock population size” means the livestock population size determined when the department or governmental unit, including a county land conservation committee, documents the size of the livestock population. In this paragraph, “animal unit” has the meaning given it in ch. NR 243.
NR 153.15(2)(d)1.1. If the base livestock population size is less than or equal to 250 animal units, that portion of the expansion that results in a livestock population size exceeding 300 animal units is considered to be significant and ineligible for cost sharing under this chapter.