NR 162.04(2)(qm) (qm) Outside of scope. Costs outside the scope of the scored project unless the department approves the costs as necessary and reasonable to improve the overall integrity, operation, or functionality of the treatment works or BMP.

NR 162.04(2)(r) (r) Personal injury. Personal injury compensation or damages arising out of the project, whether determined by adjudication, arbitration, negotiation, or otherwise.

NR 162.04(2)(rm) (rm) Post-closeout. Expenses incurred after the project completion date of the scored project.

NR 162.04(2)(s) (s) Private septic payments. Credits or payments to private septic owners made as a result of complying with s. 60.726, Stats.

NR 162.04(2)(sm) (sm) Sludge removal. Removing sludge from a wastewater facility unless it is part of the activities necessary for a scored project.

NR 162.04(2)(t) (t) Special devices. Waste-generating fixtures and associated plumbing from a residence or commercial establishment to a treatment unit, and modifications to homes or other buildings for installation of special devices.

NR 162.04(2)(tm) (tm) Special districts. Costs of establishing special purpose districts or commissions, such as sanitary districts, utility districts, and joint commissions.

NR 162.04(2)(u) (u) Storm water pipes. Storm sewer pipes unless the pipes are carrying water to treatment. Portions of storm sewer pipe construction may be eligible in a scored project if the pipes need repair or replacement due to breakage during construction of the scored project, as determined by the department.

NR 162.04(2)(um) (um) Violation penalties. Fines and penalties due to violations of, or failure to comply with, federal, state, or local laws.

NR 162.04(2)(v) (v) Warranty inspections after construction completion. Costs related to post-construction warranty inspections, including costs of a consulting engineer or a third-party inspector, and costs of extended warranties or service contracts that go beyond construction completion.

NR 162.04(2)(vm) (vm) Watermains. Watermain construction, replacement, or repair unless the watermain is needed to carry water to a part of the treatment works, or the watermain work is necessary as a direct result of work performed for a scored project, such as moving a watermain to allow appropriate distance between it and a sanitary sewer pipe being constructed in the scored project or repairing or replacing a watermain damaged during construction of the scored project.

NR 162.04(2)(w) (w) Wisconsin fund facilities. The acquisition of a treatment works built with Wisconsin fund grant program monies.

NR 162.04 Note Note: The Wisconsin fund grant program was created to fund municipal wastewater treatment facility projects required to achieve the federal goal of “fishable and swimmable” for the state’s waters. The grant program was administered under ch. NR 128, which was created in 1978. Final grant closeouts of Wisconsin fund projects occurred during the 1990s. This grant program preceded the CWFP which was created in 1987 Wisconsin Act 399.

NR 162.04(2)(x) (x) WPDES permit fees. The cost of a WPDES permit unless it is a special permit specific to the project construction.

NR 162.04(3) (3) Limitation on eligibility of interim debt costs.

NR 162.04(3)(a) (a) Net interest expense. Interim debt interest expenses shall be offset with any interest earnings from the investment of the proceeds from the interim debt to determine the amount eligible for CWFP financial assistance.

NR 162.04(3)(b) (b) Interim debt issuance costs. The amount of interim debt issuance costs eligible for financial assistance is limited to $15,000 plus 0.5 percent of the total eligible face amount of the interim debt. If interim debt is rolled over or renewed, the face amount may not be counted multiple times in calculating the eligible face amount of interim debt for purposes of this limit.

NR 162.04(3)(c) (c) Interim interest costs. The period of time for which interest on interim debt is eligible for financial assistance shall run from no earlier than 18 months prior to the start of construction to the earliest of the following:

NR 162.04(3)(c)1. 1. The date of the first disbursement of the financial assistance.

NR 162.04(3)(c)2. 2. One year following substantial completion of the project.

NR 162.04(3)(d) (d) Cost proration. If the term of the interim debt exceeds the limit in par. (c), the interim debt costs shall be prorated using the length of the eligible term divided by the total time that the interim debt is outstanding. If the interim debt is not exclusively for the CWFP scored project, costs shall be prorated according to the proportion of the total debt that is for the scored project.

NR 162.04(3)(e) (e) Maximum principal. The amount of interim debt principal that may be refinanced with CWFP financial assistance shall not exceed the total amount of the interim debt that was spent on eligible project costs.

NR 162.04 History History: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23; correction in (1) (a) 11. d., 24. g. made under s. 35.17, Stats., Register October 2023 No. 814.

NR 162.05 NR 162.05 Application process.

NR 162.05(1) (1) Notice of intent to apply submittal. If required by the department, a municipality shall submit notice of its intent to apply for financial assistance via the department’s online application systems by any applicable deadline set in the CWFP annual intended use plan under s. NR 162.02 (1). The municipality or its designated representatives shall complete the requirements established by the department for gaining access to and submitting information through the department’s online application systems. The department may require the municipality to submit through the online systems any of the following:

NR 162.05 Note Note: Instructions regarding the online application systems are available on the Environmental Improvement Fund website at dnr.wi.gov/Aid/EIF.html.

NR 162.05(1)(a) (a) A clear, concise, and comprehensive project description that includes the problem or concern being addressed, the general solution proposed through a single project, and detailed information regarding what structures are to be constructed, what equipment is to be purchased and installed, and project location, including detailed information for purposes of eligibility determinations regarding storm sewer or watermain construction being done at the same time as sanitary sewer construction on the same block of a street or in the same intersection.

NR 162.05(1)(b) (b) Contact information.

NR 162.05(1)(c) (c) An estimate of the total project cost and what amount of the cost is likely to be requested from the CWFP.