Section NR 162.11 - Financial assistance agreement conditions(1) Each financial assistance agreement shall require the recipient to do all of the following: (a) Maintain a system of user charges and a sewer use ordinance in accordance with s. NR 162.07 for the useful life of the treatment works or BMP.(b) Comply with all pertinent requirements of federal, state, and local environmental laws and regulations.(c) For financial assistance provided directly from a federal capitalization grant, comply with the requirements contained in 33 USC 1251 to 1274 and 33 USC 1381 to 1387 if required by the terms of the capitalization grant.(d) Provide timely sewerage service to all users of the treatment works within the delineated service area except in areas where annexation is refused under s. 281.43 (1m), Stats.(e) Comply with all state and local laws regarding procurement and public contracts.(f) Provide department representatives access to the scored project, including all construction activities, whenever the project is in preparation or progress. For purposes of providing access, the recipient shall do all of the following: 1. The recipient shall in each of its contracts for the project include a provision that requires the recipient and its contractors to allow the department access to records of contractors and subcontractors pertinent to the project for the purpose of making inspections, examinations, excerpts, copies, and transcriptions.2. The recipient shall allow DOA or its agent access to records for audits.(g) Expeditiously initiate and complete the project in accordance with the financial assistance agreement and application, including construction of and payments for the portions ineligible for CWFP financial assistance and any project schedule approved by the department. Failure of the recipient to promptly initiate project work may be deemed a breach of the financial assistance agreement.(h) Promptly notify the department of changes to the project, including notifying a department plan reviewer and the department construction management engineer when plans and specifications are being revised.(i) Promptly submit to the department a copy of any prime contract or modification to it and any revisions to plans and specifications.(j) Begin repayment of the principal balance of the loan no later than 12 months after the substantial completion date of the project as specified in the financial assistance agreement, and make the final principal payment no later than 20 years after the date of the financial assistance agreement unless the financial assistance agreement term is greater than 20 years but not more than 30 years. If the loan term is greater than 20 years, the municipality shall make the final principal payment no later than 30 years after the date of the financial assistance agreement.(k) Make available an operations and maintenance manual for the treatment works. All of the following apply to the provision of an operations and maintenance manual: 1. A recipient shall develop a new or modify an existing operations and maintenance manual that, based on the scored project, is applicable to any of the following: a. The entire wastewater treatment works.b. The collection system, including all wastewater treatment works facilities outside of the fence of the wastewater treatment plant.c. The wastewater treatment plant, including all wastewater treatment works facilities inside the fence of the wastewater treatment plant.2. Address in the manual developed or modified under subd. 1. all of the following: c. Records and recordkeeping.g. A description of the process, operations, and controls.j. Manufacturer's information.3. Provide a copy of the operations and maintenance manual developed or modified under subd. 1. to the department. For projects or facilities that have an existing operations and maintenance manual that was submitted to the department in the past, the recipient may meet the requirements of subds. 1. to 3. by developing and submitting an addendum to the previously submitted manual.4. Certify to the department, in the form required by the CWFP, that the operations and maintenance manual developed or modified under subd. 1. meets or exceeds the requirements under subd. 2. The project engineer and a municipal official of the recipient municipality shall make the certification required under this paragraph. Note: Operations and maintenance manual certification checklists and additional information regarding operations and maintenance manual requirements are available on the environmental improvement fund website at https://dnr.wisconsin.gov/aid/documents/EIF/Guide/Opmancwf.html.
(L) Provide and maintain adequate construction inspection to ensure conformance with the approved plans and specifications.(m) Comply with requirements established under s. 281.49, Stats., regarding accepting septage into the wastewater treatment works from septic tanks or holding tanks within the recipient's sewer service area.(n) Notify the department of the substantial completion of the project.(o) Maintain all required intermunicipal agreements throughout the term of the financial assistance agreement as described in s. NR 162.05 (4) (h) 2.(p) Comply with all applicable provisions of any outstanding CWFP and safe drinking water loan program financial assistance agreements and CWFP interest rate subsidy agreements.(q) Obtain and maintain full legal right and authority required to own, control, operate, and maintain the project for at least the term of the financial assistance agreement, including assuring that any of the following requirements regarding the land on which the project takes place are met:1. If the municipality prior to signing a financial assistance agreement owns all of the land on which the project takes place, the municipality shall maintain ownership of the land on which the project is built for at least the term of the financial assistance agreement unless the municipality obtains approval from the department to discontinue operation of, sell, or otherwise dispose of the project.2. If the municipality prior to signing a financial assistance agreement does not own any of the land on which the project takes place, the municipality shall obtain and maintain for at least the term of the financial assistance agreement all necessary permits, licenses, easements, and approvals required to give the municipality the authorities and permissions needed to construct, operate, and maintain the project on the land on which the project is built unless the municipality obtains approval from the department to discontinue operation of, sell, or otherwise dispose of the project.3. If the municipality prior to signing a financial assistance agreement owns some but not all of the land on which the project takes place, the municipality shall follow the requirements under subds. 1. and 2. regarding maintaining ownership of or access needed to the land on which the project takes place to allow the municipality to construct, operate, and maintain the project on the land on which the project is built for at least the term of the financial assistance agreement.(2) The financial assistance agreement is not effective until all parties to the financial assistance agreement have signed it.Wis. Admin. Code Department of Natural Resources NR 162.11
CR 03-027: cr. Register November 2003 No. 575, eff. 12-1-03.Amended by, CR 14-043: cr. Register June 2015 No. 714, eff. 7-1-15; correction in (1) (a) made under s. 35.17, Stats., Register June 2015 No. 714, eff.7/1/2015.Adopted by, CR 22-045: cr. Register October 2023 No. 814, eff. 11/1/2023