NR 162.06(1)(m)2.2. The applicant shall pledge system revenues to secure the CWFP loan.
NR 162.06(1)(m)3.3. A loan term greater than 20 years is not available for projects for which the applicant pledges general obligation bonds to secure the loan.
NR 162.06 NoteNote: The design life calculation worksheet is an excel spreadsheet that is available on the department’s website at https://dnr.wisconsin.gov/aid/documents/EIF/Forms/forms.html#cwform. The department strongly encourages applicants to submit the design life calculation worksheet with the rest of its application submittal in order to allow enough review and response time for the worksheet contents. Later submittal of the design life calculation worksheet may delay a loan closing.
NR 162.06(2)(2)The department has done all of the following, if applicable to the scored project:
NR 162.06(2)(a)(a) Complied with the Wisconsin environmental policy act requirements pursuant to the procedures in ch. NR 150.
NR 162.06(2)(b)(b) Reviewed and approved the plans and specifications.
NR 162.06(2)(c)(c) Reviewed and concurred with the parallel cost percentage provided by the applicant.
NR 162.06(2)(d)(d) Reviewed and concurred with the design life calculation for the scored project if the applicant is requesting a loan term greater than 20 years.
NR 162.06(3)(3)The scored project has met the priority requirements of subch. V.
NR 162.06(4)(4)The applicant has the legal, institutional, managerial, technical, and financial capability to ensure adequate construction, operations, and maintenance of the wastewater treatment works throughout the applicant’s jurisdiction.
NR 162.06(5)(5)DOA finds that the municipality is likely to be able to meet the terms and conditions for receiving financial assistance under ch. Adm 35 and s. 281.59, Stats.
NR 162.06(6)(6)The applicant has received or applied for permits required by the department for the scored project, including those under chs. 30 and 283, Stats.
NR 162.06 HistoryHistory: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23; correction in (1) (c) made under s. 35.17, Stats., Register October 2023 No. 814.
NR 162.07NR 162.07Requirements for a user charge system and sewer use ordinance.
NR 162.07(1)(1)General. Any user charge system and applicable ordinances adopted by a recipient shall be maintained in accordance with s. 281.58 (14) (b) 7., Stats., for the useful life of a wastewater treatment works. The applicant shall submit user charge information to the department and shall certify to the department that the user charge system meets all the applicable requirements in this section.
NR 162.07(2)(2)Applicability. A user charge system and sewer use ordinance is required of the applicant receiving financial assistance under this subchapter for any wastewater treatment works project.
NR 162.07(3)(3)User charge system requirements. Any user charge system under this section shall do all of the following:
NR 162.07(3)(a)(a) Require that each user or user class pays its proportionate share of operation and maintenance costs, including replacement costs, of the wastewater treatment works within the recipient’s service area.
NR 162.07(3)(b)(b) Provide that the costs of operation and maintenance for all flow not directly attributable to users be distributed proportionally among all users of the recipient’s wastewater treatment works.
NR 162.07(3)(c)(c) Require that the charges for users or user classes generate sufficient revenue to pay costs identified in par. (e) 2. and 3.
NR 162.07(3)(d)(d) Require that the recipient establish an equipment replacement fund, maintain the equipment replacement fund as a separate fund of the municipality, and make deposits to this fund on an annual basis or maintain a balance acceptable to the department. This fund is to be used for the costs of replacing equipment related to the wastewater treatment works. The municipality may also use the equipment replacement fund for unexpected, unbudgeted costs incurred for continuing effective operations of the treatment works. The municipality shall periodically make appropriate adjustments to the equipment replacement fund deposit schedule or balance, including adjustments needed to restore the fund balance following an expenditure from the fund.
NR 162.07(3)(e)(e) Establish a financial management system that accounts for all of the following:
NR 162.07(3)(e)1.1. Revenues generated.
NR 162.07(3)(e)2.2. Costs of operations and maintenance of the wastewater treatment works, including an appropriate amount of money to be deposited annually into the equipment replacement fund.
NR 162.07(3)(e)3.3. Debt service costs, including debt service reserves and debt coverage requirements. In this subdivision, “debt coverage” means the ratio of net revenue available for debt service to the average annual debt service requirements of an issue of revenue bonds.
NR 162.07(3)(f)(f) Require the review, at least once every 2 years, of the wastewater contribution of users and user classes, the total costs of operations and maintenance of the wastewater treatment works, and the overall user charge system.
NR 162.07(3)(g)(g) Require that each user that discharges any toxic pollutants or high strength wastes to a wastewater treatment works pay for any increased costs associated with the discharge.
NR 162.07(3)(h)(h) Provide that each user is notified, at least annually, in conjunction with a regular bill, of the rate of charge attributable to service provided by the wastewater treatment works.
NR 162.07(3)(i)(i) Be based on actual or estimated use except as provided for under s. 281.58 (14) (b) 7., Stats.