NR 162.003(81) (81) “User charge” means a charge levied on users of a treatment work or BMP for the user’s proportional share of the cost of operation, maintenance, and replacement of the treatment work or BMP.

NR 162.003(82) (82) “User charge system” means a system of charges meeting requirements established in s. NR 162.07, and s. 281.58 (14) (b) 1. and 7., Stats., for projects funded under subch. II, or a set of minimum control measure programs described in s. NR 216.031 (2) (c) to (e) for projects funded under subch. III.

NR 162.003 Note Note: User charge system requirements for storm water utility districts may include a requirement for a system of charges.

NR 162.003(83) (83) “Wastewater” means a waste stream conveyed to a treatment works via a sewage collection system, including a combined sewer conveying both sanitary wastewater and storm water, or the sewage sludge or other byproducts of wastewater treatment trucked or discharged to another treatment facility, such as a biosolids facility, for additional treatment.

NR 162.003(84) (84) “Women business enterprise” or “WBE” means a DBE that is owned or controlled on a daily basis by a woman or women.

NR 162.003(85) (85) “WPDES permit” means a Wisconsin pollution discharge elimination system permit issued under ch. 283, Stats.

NR 162.003 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

subch. II of ch. NR 162 Subchapter II — Financial Assistance Requirements

NR 162.01 NR 162.01 Types of financial assistance available. The department and DOA may, subject to applicable requirements of ss. 281.58 and 281.59, Stats., and ch. Adm 35, provide to an eligible applicant for a scored project any of the following types of financial assistance unless the project reaches substantial completion more than 3 years prior to the date the applicant submits a complete application for financial assistance under s. NR 162.05 (4) or the applicant already has long-term affordable debt outstanding for a project that is already complete or has reached substantial completion prior to the application submittal date:

NR 162.01(1) (1) Subject to the limits established in s. NR 162.04 (3), the purchase or refinance of a municipality’s interim debt.

NR 162.01(2) (2) The guarantee of, or purchase of insurance for, municipal obligations for construction of a treatment works or BMP if the guaranteed or purchased insurance would improve credit market access or reduce interest costs on the municipal obligations.

NR 162.01(3) (3) Loans at or below the market interest rate.

NR 162.01(4) (4) Interest rate subsidies under subch. IV.

NR 162.01(5) (5) Using funds received as federal capitalization grants, any other type of assistance that is consistent with the federal program for state water pollution control revolving funds under 33 USC 1381 to 1387 or any other federal law providing funding for or otherwise relating to that program.

NR 162.01 Note Note: The language under sub. (5) and under s. 281.58 (6) (b) 9., Stats., allows the department to provide principal forgiveness as part of a financial assistance agreement in accordance with 33 USC 1383 (i) (1), which states, “In any case in which a State provides assistance to an eligible recipient under subsection (d), the State may provide additional subsidization, including forgiveness of principal.”

NR 162.01 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.02 NR 162.02 Annual funding policy, project priority list, and funding list.

NR 162.02(1) (1) Funding policy and project priority list. The department may produce an annual CWFP funding policy in conjunction with the fiscal year’s priority list established under s. NR 162.52. The funding policy may be in the form of the intended use plan and may describe methods for making funding determinations and other policies related to the fiscal year. When the department publishes a funding policy for a given year, it shall provide an opportunity for public comment regarding the funding policy.

NR 162.02(2) (2) Funding list. The department shall prepare a funding list of all CWFP-eligible applicants, including applications submitted under subchs. II to IV, when the amount available under s. 20.866 (2) (tc) or 281.59 (3e) (d) or (4) (f), Stats., is insufficient in accordance with s. 281.58 (9m) (f), Stats., and, for municipalities wishing to compete for principal forgiveness funds, when the department has principal forgiveness funds available to distribute in a year during which s. 281.58 (9m) (f), Stats., does not apply.

NR 162.02 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.

NR 162.03 NR 162.03 Project eligibility.

NR 162.03(1) (1) Traditional wastewater treatment plant and collection system projects. A municipality may receive financial assistance under this chapter for a publicly-owned wastewater treatment works scored project, including a treatment plant or sewage collection system project, that meets any of the following criteria:

NR 162.03(1)(a) (a) The project is necessary to prevent a municipality from significantly exceeding a wastewater effluent limitation contained in a permit issued under ch. 283, Stats. All of the following types of projects are included under this paragraph:

NR 162.03(1)(a)1. 1. Projects for which construction will completely take place inside the fence or on site of a wastewater treatment plant, such as projects to build or modify headworks, clarifiers, aeration basins, stabilization ponds, sludge processing equipment, sludge storage facilities, or on-site administrative buildings, and projects to build or modify facilities for the receiving, storage, or treatment of septage. The department may determine that a lift station pumping all of the wastewater flow directly to the wastewater treatment plant with no other influent pump at the plant site is part of a project that takes place inside the fence. The department may also determine, based on the layout and function of the treatment work, that other facilities, such as a septage receiving station that conveys the septage directly into the wastewater treatment plant, are considered part of the work inside the fence.

NR 162.03(1)(a)2. 2. Projects for which construction takes place outside of the fence of the wastewater treatment plant that are necessary to maintain or improve the integrity and performance of wastewater treatment works facilities serving the municipality, including sanitary sewer replacement or rehabilitation, sanitary sewer lining, publicly-owned lateral lining, lift station upgrades, and construction of new interceptors, lift stations, pretreatment facilities, septage receiving stations, and other treatment works facilities outside of the fence of the wastewater treatment plant.

NR 162.03(1)(b) (b) The project is necessary to achieve compliance with an enforceable wastewater requirement changed or established after May 17, 1988, if the municipality is in substantial compliance with its permit issued under ch. 283, Stats.

NR 162.03(1)(c) (c) The project is necessary to correct violations of an effluent limitation contained in a permit issued under ch. 283, Stats.

NR 162.03(1)(d) (d) The project is necessary to eliminate actual or imminent pollution of groundwater or surface water or a threat to human health in unsewered areas within a municipality. All of the following types of projects are included under this paragraph:

NR 162.03(1)(d)1. 1. Projects for construction of a new wastewater treatment plant or upgrade of an existing plant to accept and treat wastewater from a previously unsewered area, such as projects to build or add capacity to clarifiers, aeration basins, stabilization ponds, or sludge facilities.