NR 162.45(2) (2) Maintain a financial management system that meets the requirements, terms, and conditions of the interest rate subsidy agreement.

NR 162.45(3) (3) Comply with any requirements of the BCPL.

NR 162.45 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.46 NR 162.46 Interest rate subsidy disbursements and project closeout.

NR 162.46(1) (1) General. After execution of the interest rate subsidy agreement, DOA may provide interest rate subsidy for the eligible portion of project costs incurred within the scope of a scored project. The department shall determine compliance with the terms and conditions of the interest rate subsidy agreement before interest rate subsidy payments are made.

NR 162.46(2) (2) Application of subsidy payments. Subsidy payments shall be applied to the interest due on the BCPL loan.

NR 162.46(3) (3) Amendments and change orders.

NR 162.46(3)(a) (a) The eligible costs established in the interest rate subsidy agreement that were used to calculate the subsidy payment may not be increased by amendment or change order.

NR 162.46(3)(b) (b) An executed interest rate subsidy agreement may be amended only if the department or DOA determines that an amendment is needed to correct an error or errors in the agreement.

NR 162.46(4) (4) Project closeout. All of the following project closeout procedures shall be completed as soon as is practicable after the final completion of project construction:

NR 162.46(4)(a) (a) Final inspection. The recipient shall notify the department of the final completion of the project. The department may complete a final inspection of the project.

NR 162.46(4)(b) (b) Documentation of minority business enterprise and women business enterprise utilization. The recipient shall document and submit information regarding utilization of MBEs and WBEs in the form required by the department.

NR 162.46 Note Note: An MBE/WBE utilization form is available on the Environmental Improvement Fund website at https://dnr.wisconsin.gov/aid/documents/EIF/Forms/forms.html or from the Bureau of Community Financial Assistance, Department of Natural Resources, Box 7921, Madison WI 53707-7921.

NR 162.46(4)(c) (c) Operations and maintenance. The municipality shall submit to the department evidence that its operations and maintenance manual has been updated as required by the department.

NR 162.46(4)(d) (d) Department confirmation of recipient’s compliance. The department shall inform DOA of the recipient’s compliance with all applicable requirements of this chapter and the interest rate subsidy agreement.

NR 162.46(4)(e) (e) Closeout of completed projects. If the recipient does not provide the required documents for project closeout of a completed project to the department for any CWFP interest rate subsidy agreement or other financial assistance from the environmental improvement fund and applies for funding from the environmental improvement fund for another project, the department may deny financial assistance for the new project until the previous project is closed out according to requirements in this chapter.

NR 162.46 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.47 NR 162.47 Breach of contract and noncompliance. The department may rescind an interest rate subsidy agreement or seek any other appropriate administrative remedy upon breach of contract by the recipient or if the recipient fails to comply with ss. 281.58 and 281.59, Stats., or with provisions of this chapter.

NR 162.47 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.48 NR 162.48 Termination. The department shall terminate the interest rate subsidy agreement if the recipient terminates its loan agreement with the BCPL or prepays all of the principal of the loan prior to the end of the term of the financial assistance agreement. No subsidy payment may be made for a year in which the loan is paid off early or the interest rate subsidy agreement is terminated early.

NR 162.48 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

subch. V of ch. NR 162 Subchapter V — Priority Scoring and Ranking System

NR 162.49 NR 162.49 Project scoring system. Projects shall be scored under one of the following three categories: sewage collection systems, wastewater treatment plants, or storm water projects.

NR 162.49(1) (1) Collection system projects. The following factors, when applied to sewage collection system projects in accordance with s. NR 162.50, shall determine the priority scoring for clean water fund program financial assistance pursuant to s. 281.58, Stats.:

NR 162.49(1)(a) (a) Project type score. The following points shall be awarded to each sewage collection system project:

NR 162.49(1)(a)1. 1. Fifty points for a project that the department determines is necessary to prevent a municipality from significantly exceeding an effluent limitation contained in a permit issued under ch. 283, Stats., including eligible projects identified under s. NR 162.03 (1) (a) 2.

NR 162.49(1)(a)2. 2. Twenty-five points for a project that installs sewers in a previously unsewered area, including eligible projects identified under s. NR 162.03 (1) (d) 2.

NR 162.49(1)(a)3. 3. Five points for a project to improve a sewage collection system that contributes to violations of a permit issued under ch. 283, Stats., or that has been the subject of an enforcement action pursuant to s. 281.98, Stats., related to a performance standard, including eligible projects or costs identified under s. NR 162.03 (1) (c).

NR 162.49(1)(b) (b) Human health score. A sewage collection system project may be awarded points for human health only if the project is necessary to eliminate a health hazard, subject to all of the following: