Wisconsin Administrative Code

NR 121.02 Applicability. This chapter is applicable to areawide water quality management plans as prepared by both the state and designated areawide water quality planning agencies. History: Cr. Register, January, 1979, No. 277, eff. 2-1-79.

NR 121.03 Definitions. (1) XAreawide water quality management planY or areawide waste treatment management plan means a plan for managing, protecting and enhancing groundwater and surface water quality which considers the interrelationship of water quality and land and water reso…

NR 121.04 Structure of the state water quality management plan. (1) The state continuing process required under s. 283.83, Stats., consists of the development of, and regular review and revision of the state water quality management plan. (2) The state water quality management pl…

NR 121.05 Content of areawide water quality management plans. (1) Subject to sub. (2), the following elements shall be included in each areawide water quality management plan prepared or approved by the department. (a) Planning area boundaries. The delineation in map form of the …

NR 121.06 Designation of areawide water quality planning areas and agencies. (1) As the need arises, the department shall recommend that the governor designate areawide planning areas which as a result of urban and industrial concentrations or other factors have substantial and c…

NR 121.07 Procedures for approval of areawide water quality management plans and plan revisions for designated areas of the state. (1) Review and approval of areawide water quality management plans for designated areas: (a) The department shall review and approve or disapprove ea…

NR 121.08 Procedures for adoption and revision of areawide water quality management plans for nondesignated areas of the state. (1) Adoption of areawide water quality management plans for nondesignated areas: (a) During development and prior to formal adoption, areawide water qua…

NR 121.09 Statewide water quality advisory committee. (1) The department shall form a statewide water quality advisory committee composed of representatives of federal, state and regional organizations, agencies and units of government, public interest groups, groups with a speci…

NR 122.01 Purpose. The purpose of this chapter is to establish rules under section 3040 (3p) of 1989 Wis. Act 31 for the administration of a financial assistance program for pilot testing of methods to remove nitrate from municipal water systems. Financial assistance under this c…

NR 122.02 Applicability. This chapter applies to all applicants for, and recipients of, grant funding made pursuant to section 3040 (3p) of 1989 Wis. Act 31. Compliance with the applicable requirements of this chapter is a prerequisite to receiving financial assistance under sect…

NR 122.03 Definitions. For purposes of this chapter: (1) XBench scale testY means a method of evaluating nitrate removal by using small capacity treatment units of 1 to 10 gpm. (2) XDepartmentY means the department of natural resources. (3) XFull scale on-line testY means a metho…

NR 122.04 Eligibility for grant assistance. (1) ELIGIBLE APPLICANT. Any municipality which owns and operates a public water system that utilizes wells as the primary water source is eligible to apply for financial assistance under this chapter. (2) ELIGIBLE PROJECTS. A project su…

NR 122.05 Distribution of grant assistance. (1) GENERAL. Grant funds shall be allocated to eligible projects in the ranking order sequence established as a result of the department[s evaluation of project applications. If grant funding available for a particular project is less t…

NR 122.06 Grant award. (1) GRANT CONDITIONS. Each grant awarded under this chapter shall be subject to the following conditions: (a) The municipality agrees to pay all of the non-state grant costs associated with the project and commits to completion of all project work. (b) The …

NR 122.07 Grant payments. (1) The municipality shall be paid the state grant share of eligible project costs incurred within the scope of an approved project, up to the total grant amount in the grant agreement. (2) In order to receive grant payment, the municipality shall submit…

NR 122.08 Records retention and auditing. The municipality shall retain all records pertaining to the project and make them available to the department on request for 3 years after the date of the final grant payment. History: Cr. Register, October, 1990, No. 418, eff. 11-1-90. t…

NR 123.01 Purpose and duties of the department. (1) PURPOSE. The purpose of this chapter is to establish rules, under s. 281.75, Stats., for the implementation and administration of a financial assistance program for the replacement of contaminated private water supplies. (2) DUT…

NR 123.02 Applicability. This chapter applies to contaminated private water supplies compensable under s. 281.75, Stats. Well compensation grants awarded prior to August 9, 1989 are governed by s. 281.75, Stats., and this chapter as they existed on August 8, 1989. This chapter do…

NR 123.03 Definitions. (1) XAdvisoryY means a written opinion, issued by the department, containing a specific descriptive reference to the well or private water supply and recommending that the well or private water supply not be used because of potential human health risks. (2)…

NR 123.04 Determination of contamination. Contamination of a private water supply, as defined in s. NR 123.03 (5), shall be established by: (1) The test analyses of at least 2 samples of water, taken at least 2 weeks apart and not more than 2 years apart. All samples shall be tak…

NR 123.05 Allocation of funds. (1) The department shall allocate money for the payment of completed claims and amendments according to the order in which completed claims and amendments are received by the department. A list shall be compiled of completed claims and amendments in…

NR 123.06 Denial of claims. (1) The department shall deny a claim if: (a) The claim is not within the scope of this chapter as determined by the department. (b) The claimant submits a fraudulent claim. (c) The claim is for reimbursement of costs incurred before the date of issuan…

NR 123.07 Variances. The department may approve variances from non-statutory requirements of this chapter upon the request of a claimant when it is determined that such variances are essential to effect necessary actions or department objectives, and where special circumstances m…

NR 123.08 Termination of awards. An award may be terminated in whole or in part by the department. (1) The department and a claimant may enter into an agreement to terminate the award at any time pursuant to this section. The agreement shall establish the effective date of termin…

NR 123.09 Enforcement. The following sanctions may be imposed for noncompliance with s. 281.75, Stats., the provisions of this chapter or any award made under this chapter: (1) The award may be terminated under s. NR 123.08; (2) Project costs directly related to the noncompliance…

NR 123.20 Eligibility of claimant. (1) (a) A claim may be submitted for the replacement of a contaminated private water supply which is contaminated at the time the claim is submitted under s. NR 123.04, irrespective of the time the contamination is or could have been discovered …

NR 123.22 Claim application. (1) In order to be considered for an award or proceed notice, a claimant shall submit a completed claim in accordance with s. NR 123.05, to the department. The department shall assist claimants in completing claims and revising claims in order to fulf…

NR 123.23 Issuance of an award or proceed notice. (1) ISSUANCE OF A PROCEED NOTICE. (a) Upon receipt of a claim, the department shall issue a proceed notice if the department determines that the claim is complete in accordance with s. NR 123.05, the department concurs with the cl…

NR 123.24 Amount of award. (1) AWARD CALCULATION. (a) The award shall pay up to 75% of the eligible costs. (b) The award may not provide for payment of any portion of eligible costs in excess of $12,000. Therefore, the maximum payment that can be made is $9,000. (c) If the annual…

NR 123.25 Payment. (1) After an award is made, and if all the conditions of the award are met, payment of the state share of the eligible costs shall be made by the department upon receipt, review and determination of completeness of the following: (a) An itemized payment request…

NR 123.26 Additional claims. (1) FAILURE TO ELIMIA claimant who receives an award for the purpose of constructing or reconstructing a private water supply or connecting to an existing private water supply may submit a new claim if the contamination is not eliminated and, if the a…

NR 123.27 Emergency. The department may authorize expenditures before a claim is submitted, if the department determines that an emergency situation exists. An emergency determination and expenditure authorization prior to submitting a claim does not waive the department[s author…

NR 125.01 Purpose. The purpose of this chapter is to establish rules under s. 281.55, Stats., for the administration of state grants to municipalities for small improvement projects for sanitary sewage treatment facilities and for compliance maintenance planning. History: Cr. Reg…

NR 125.02 Definitions. (1) XCompliance maintenance planningY means planning for a project which the department determines is necessary to prevent a municipality from significantly exceeding an effluent limitation, as defined in s. 283.01 (6), Stats. (2) XDepartmentY means the dep…

NR 125.03 Eligibility for a state grant. (1) ELIGIBLE PROJECTS. (a) The department may award grants to municipalities for small improvement projects for existing sewage treatment facilities. (b) After June 30, 1988, and before July 1, 1990, the department may award grants to muni…

NR 125.04 Eligible costs. (1) PRELIMINARY PLANCosts of studies, investigations, surveys, planning and other steps necessary to determine the economic and engineering feasibility of a proposed project are eligible. (2) ENGINEERING, ARCHITECTURAL, INSPECTION AND OTHER FEES FOR TECH…

NR 125.05 Costs not eligible. The following costs are not allowable for state participation: (1) INELIGIBLE WORK. The cost of any work not included in the eligible portion of the project as approved by the department. (2) COST OF SITE. The cost of the site or easements or any est…

NR 125.06 Preliminary project evaluation. A municipality may request a preliminary determination of project eligibility prior to submitting a complete application to the department. (1) A request for a preliminary project evaluation shall include a project description as required…

NR 125.07 Grant applications. To be considered for a grant award, a municipality shall submit an application to the department. A municipality may submit an application only after the project is completed and paid for by the municipality. An application shall be completed on form…

NR 125.08 Departmental processing of applications. (1) PROJECT NUMBER ASSIGNMENT. Upon receipt of an application, the department will assign a project number in chronological order of receipt. The project number will be used on all documents and correspondence relating to the pro…

NR 125.09 Priority designation. (1) PRIORITY CATEGORIES. After June 30, 1988 and before July 1, 1990 the department shall give priority for available funding as follows: (a) The department shall give first priority to funding annual payments to municipalities required under s. 28…

NR 125.10 Priority list, closing date. The department shall determine the amount of money needed to fund complete applications received by the department prior to April 1 of each year. (1) If the amount of money available for grants is not sufficient to fully fund all application…

NR 125.11 Grant awards. (1) A grant awarded under this chapter shall be made on forms prepared by the department. The award shall be signed by the authorized representative of the department and shall list the conditions to which the award is subject. (2) A grant may not be award…

NR 125.12 Payment procedure. Final payment will be made only after the project is fully functional and final inspection and audit and evidence of satisfactory operation and maintenance. The total state grant will be based on the final audited eligible costs. History: Cr. Register…

NR 126.01 Purpose. The purpose of this chapter is to establish rules for the administration of state grants for sanitary sewage treatment facilities and sanitary sewage collection systems under s. 281.56, Stats. History: Cr. Register, March, 1975, No. 231, eff. 4-1-75; correction…

NR 126.02 Definitions. (1) XDepartmentY means the department of natural resources. (2) XMunicipalityY means a city, township, village, county, sanitary district, county utility district, metropolitan sewerage district or school district that is authorized by state statute to own,…

NR 126.03 Eligibility for a state grant. (1) ELIGIBLE In municipalities with a population of less than 10,000, based on the latest official state population estimates prepared in compliance with s. 16.96, Stats., state grants may be made for any of the following types of projects…