(1)
APPLICABILITY. This section applies only to notice of discharge projects under
s.
NR 153.145.
(2) APPLICATION PERIOD AND CONTENT.
(a) The department may accept notice of
discharge project applications from governmental units on a continuous basis.
Applications shall remain active for one year unless terminated by the
applicant. After one year, the governmental unit shall resubmit the application
in order for the application to remain active for the department's funding
consideration.
(b) The department
shall require that applications be submitted on forms provided by the
department.
Note: Forms can be obtained from the department's Bureau of
Watershed Management or the department's Bureau of Community Financial
Assistance, 101 S. Webster St., PO Box 7921, Madison, WI 53707-7921.
(c) The application information
shall include all of the following:
1. Name
and address of the prospective cost-share recipient and project
location.
2. Site map.
3. Size of livestock operation, in animal
units.
4. Site history, description
of discharge, and method of problem determination.
5. Extent and severity of the threat or
impact to waters of the state and urgency of installing management
measures.
6. Proposed management
practices, estimated costs, and implementation timeline.
7. Concurrence from the department of natural
resources that the site has been issued, or will be issued concurrent with the
runoff management agreement, a notice under s.
NR 243.24.
(3) PROJECT SELECTION AND FUNDING.
(a) Each year, the department shall identify
up to four specific periods when active applications will be considered for
funding. Applications considered for funding during each period include the
active, unfunded applications from the prior period plus any new applications
received prior to the end of the subsequent period. The department shall
determine what portion of the available funds will be made available to fund
projects being considered in each selection period.
(b) The department shall consider the
information submitted under sub. (2) and make a decision whether to award
funding for the project based on the merits of the proposed project, the amount
of funding available for project selection, availability of other funding
sources, farm viability, and state cost-share requirements under ch. NR 243.
1. 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 II unacceptable practice under s.
NR 243.24(1) (b), the department's grant
award shall, alone or in combination with other sources, meet the state
cost-share requirements under s.
281.16(3) (e), Stats. Requests for economic hardship
shall be administered in accordance with s.
NR 154.03(3).
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:
a. Limit the grant
award to less than 70% of eligible costs.
b. Establish a maximum dollar amount that may
be awarded under the grant for the project.
c. Offer additional cost sharing for economic
hardship cases. Requests for economic hardship shall be administered in
accordance with s.
NR 120.18(4).
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.
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.
(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.
(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.
The department intends to transfer funds from the reserve
to governmental units by entering into runoff management
agreements.
