NR 153.205(3)(b)2. 2. If grant funds are awarded under this subsection for a landowner or operator to comply with a notice issued by the department for a category I unacceptable practice under s. NR 243.24 (1) (a) or category III unacceptable practice under s. NR 243.24 (1) (c), the department may do any of the following:

NR 153.205(3)(b)2.a. a. Limit the grant award to less than 70% of eligible costs.

NR 153.205(3)(b)2.b. b. Establish a maximum dollar amount that may be awarded under the grant for the project.

NR 153.205(3)(b)2.c. c. Offer additional cost sharing for economic hardship cases. Requests for economic hardship shall be administered in accordance with s. NR 120.18 (4).

NR 153.205 Note Note: Under ch. NR 243, the department has authority to require compliance with a notice issued for a category I or category III unacceptable practice regardless of cost sharing. Consequently, the department may provide limited or no cost-share assistance for these situations.

NR 153.205 Note Note: Prior to making a funding decision, the department intends to consult with the department of agriculture, trade and consumer protection concerning the availability and suitability of alternative funding sources available through the soil and water resources management grant program administered under ch. ATCP 50.

NR 153.205(3)(c) (c) The department may enter into a runoff management grant agreement with a governmental unit only after a notice has been issued pursuant to s. NR 243.24.

NR 153.205(4) (4) Joint allocation plan. The department shall establish a budget reserve for notice of discharge projects in the annual joint allocation plan required under ss. 92.14 (14) and 281.65 (4) (pm), Stats.

NR 153.205 Note Note: The department intends to transfer funds from the reserve to governmental units by entering into runoff management agreements.

NR 153.205 History History: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.

NR 153.21 NR 153.21 Runoff management grant agreement.

NR 153.21(1) (1) Purpose.

NR 153.21(1)(a) (a) The department shall use the runoff management grant agreement to commit funds to a governmental unit or state agency for the purpose of implementing best management practices for any project selected under s. NR 153.20 or 153.205.

NR 153.21(1)(b) (b) The department may use the runoff management grant agreement in lieu of a cost-share agreement required under s. NR 153.22 with a governmental unit or state agency for the installation of a best management practice on land the governmental unit or state agency owns or operates.

NR 153.21(2) (2) Grant period length.

NR 153.21(2)(a) (a) For a large-scale TMDL or large-scale non-TMDL project, the department may set the grant period for one to 3 years. The department may approve an extension to 4 years.

NR 153.21(2)(b) (b) For a small scale project, the department may set the grant period for one to 2 years. The department may approve an extension to 3 years. The start of the grant period shall be that specified on the signed grant award.

NR 153.21(2)(c) (c) For a notice of discharge project, the department shall establish, and extend if necessary, the grant period for a length of time sufficient to accommodate the compliance period authorized under s. NR 243.24 (4) (b) 5.

NR 153.21(2)(d) (d) For a targeted runoff management project, the department shall require that a grantee submit a written request in order to consider a project extension. The request shall:

NR 153.21(2)(d)1. 1. Justify the extension request by identifying reasons for the project delay that were beyond the control of the grantee.

NR 153.21(2)(d)2. 2. Be received by the department prior to the expiration of the grant period.

NR 153.21(2)(d)3. 3. Identify how the additional time will result in a significant reduction in the pollutant loading from the project area or otherwise further the intent of the project.

NR 153.21(2)(e) (e) For a notice of discharge project, the grantee shall submit the extension request to the department prior to the expiration of the grant period. The extension request shall include documentation that the provisions of s. NR 243.24 (4) (b) 5. c. have been satisfied.

NR 153.21(3) (3) Local government responsibilities as a runoff management grantee and cost-share provider. The governmental unit shall do all of the following as conditions of receiving a runoff management grant:

NR 153.21(3)(a) (a) Execute a runoff management grant agreement with the department for grant funds necessary to administer cost-share agreements with eligible landowners and land operators. This requirement may be waived if the department and the governmental unit agree to delegate these responsibilities to another governmental unit with jurisdiction sufficient to meet all the conditions of the grant.

NR 153.21(3)(b) (b) Enter into cost-share agreements with eligible cost-share recipients located within the project area. This requirement may be waived if the department and the governmental unit agree to delegate this responsibility to another governmental unit with jurisdiction sufficient to enforce all the conditions of the cost-share agreement.

NR 153.21(3)(c) (c) Be fiscally responsible for the use of cost-share funds provided to cost-share recipients under the runoff management grant agreement. This includes preparing and maintaining adequate fiscal management and technical assistance files as described in s. NR 153.29. This requirement may be waived if the department and the governmental unit agree to delegate these responsibilities to another governmental unit with adequate jurisdiction.

NR 153.21(3)(d) (d) Provide the department with verification of proper installation, operation and maintenance of best management practices for cost-share agreements for which it is the cost-share provider.

NR 153.21(3)(e) (e) Provide technical design and installation assistance for all best management practices in cost-share agreements within its jurisdiction. The governmental unit may assign this requirement to another governmental unit if approved by the department.