NR 162.23(2)(y) (y) WPDES permit fees. The cost of a WPDES permit unless it is a WPDES construction site permit specific to the project construction.

NR 162.23 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23; correction in (1) (a) 10. d., (c) 1. c. made under s. 35.17, Stats., Register October 2023 No. 814.

NR 162.24 NR 162.24 Application process.

NR 162.24(1) (1) Notice of intent to apply. The notice of intent requirements described in s. NR 162.05 (1) are applicable to any urban runoff or storm water project for which a municipality is applying for financial assistance under this subchapter or for interest rate subsidy under subch. IV.

NR 162.24(2) (2) Application procedures. A municipality shall apply for financial assistance in accordance with s. 281.58 (9), Stats. All applicants must submit the required information and documentation through the department’s online application system.

NR 162.24 Note Note: Directions regarding online submittal are available on the Environmental Improvement Fund website at https://dnr.wisconsin.gov/aid/EIF.html. An interest rate subsidy application is a different form and must be submitted in accordance with s. NR 162.40 (5) and (6).

NR 162.24(3) (3) Contents of application. The applicant shall submit a complete application, including all of the following items that are applicable to the project:

NR 162.24(3)(a) (a) Evidence of a department-approved plan applicable to the scored project.

NR 162.24(3)(b) (b) Construction plans and specifications submitted to the department in accordance with ch. NR 151 that are approvable under ch. 281, Stats. An applicant may be denied funding if the applicant does not provide appropriately complete plans and specifications to the department prior to or with the application. The applicant shall submit a copy of approvable plans and specifications with the application in addition to the plans and specifications submitted to the department for plan review under ch. NR 151.

NR 162.24(3)(c) (c) Completion of the required fields in and upload of required documentation to the department’s online application system, including all of the following:

NR 162.24(3)(c)1. 1. Provision of a clear, concise, and comprehensive project description, including any modifications to the project description previously provided in the online application systems.

NR 162.24(3)(c)2. 2. Estimated or actual construction costs.

NR 162.24(3)(c)3. 3. Identification of known ineligible costs included within the total budget provided in the online application.

NR 162.24(3)(c)4. 4. Information regarding assistance received or expected from another funding source.

NR 162.24 Note Note: The project description may already be included in the online application as it should transfer over to the application if previously provided with intent to apply or priority evaluation and ranking information. When that transfer of information is successful, the applicant must only provide information regarding any modifications to the project description that is already included in the application rather than providing an additional complete project description.

NR 162.24(3)(d) (d) Items or information for compliance with federal regulations identified by the department in the online application system as required for a complete application; these items may include any of the following:

NR 162.24(3)(d)1. 1. Documentation of compliance with wage rate laws.

NR 162.24(3)(d)2. 2. Completed federal forms.

NR 162.24(3)(d)3. 3. Information regarding green project components, cost and effectiveness of the project, or procuring American-made products for use in the project.

NR 162.24(3)(e) (e) Copies of executed engineering contracts and any associated contract amendments for planning and design if funds are requested for planning and design.

NR 162.24(3)(f) (f) A copy of the executed engineering contract and any associated contract amendments for construction management if funds are requested for construction management and the contract is available at the time of application submittal.

NR 162.24(3)(g) (g) A copy of each executed non-engineering professional services contract related to the project and any associated amendments if funds are requested in the application project budget for services included in the contract and the contract or amendment is available at the time of application submittal.

NR 162.24(3)(h) (h) A proposed or an executed intermunicipal agreement for each municipality served by the project when 2 or more municipalities utilize shared or interconnected treatment works or a BMP. Prior to receiving financial assistance, the applicant shall ensure that each required intermunicipal agreement shall do each of the following that is applicable to the project:

NR 162.24(3)(h)1. 1. Identify ownership for each individual portion of the storm water treatment works or BMP, including interceptors or other conveyance, lift stations, drainage systems, catch basins, constructed channels, specific practices or devices, and privately-owned storm water treatment works or BMPs.

NR 162.24(3)(h)2. 2. Establish the term of the intermunicipal agreement, unless it is effective in perpetuity, subject to all of the following:

NR 162.24(3)(h)2.a. a. If the intermunicipal agreement is new or being negotiated specifically for the project for which financial assistance is being requested, the term shall be for at least the term of the financial assistance agreement.

NR 162.24(3)(h)2.b. b. If there is an existing intermunicipal agreement in place that meets the requirements of this section but expires during the loan term, the municipality shall renegotiate or extend the existing agreement prior to the end of its term and maintain the intermunicipal agreement throughout the term of the financial assistance agreement.

NR 162.24(3)(h)3. 3. Require each municipality to adopt local regulations for construction sites and adopt a municipal storm water management plan for new development and redevelopment, consistent with the performance standards developed by the department under s. 281.33 (3), Stats.

NR 162.24(3)(h)4. 4. Demonstrate the basis for generating revenue for operation, maintenance, and replacement costs based on actual use or another equitable method and state the parties that are responsible for paying these charges.