Wisconsin Administrative Code
Department of Natural Resources
NR 100-199 - Environmental Protection General
Chapter NR 155 - Urban Nonpoint Source Water Pollution Abatement And Storm Water Management Grant Program
Section NR 155.28 - Grant reimbursement procedures

Universal Citation: WI Admin Code ยง NR 155.28

Current through August 26, 2024

(1) RUNOFF MANAGEMENT GRANT AGREEMENTS.

(a) State cost-share funds may be used to share in the actual cost required for the installation of eligible urban best management practices identified in runoff management grant agreements described in s. NR 155.21.

(b) Governmental units and the Board of Regents shall comply with the following procedures when requesting reimbursement:
1. Reimbursement requests shall be submitted on forms provided by the department.

Note: Reimbursement request forms may be obtained, at no charge, from the Bureau of Community Financial Assistance, Department of Natural Resources, Box 7921 CFA/8, Madison, Wisconsin 53707.

2. All reimbursement requests shall be submitted to the department within the time frame established in the grant agreement. Payments for reimbursement requests submitted after the deadlines established in the grant agreement or grant amendment shall be subject to the availability of state funds and to financial commitments made to other grantees by the department.
a. Final reimbursement requests for runoff management grants shall be submitted to the department after the urban best management practice has been verified as properly installed and its cost has been substantiated by the documentation required by the department.

b. The grantee may submit a reimbursement request for a partially installed urban best management practice with approval from the department. In making its reimbursement decision, the department shall consider the level of pollution control provided by the completed component and the component's structural and functional relationship to other components of the urban best management practice.

c. The department may deny reimbursement if a cost-share agreement or amendment is not in accordance with the project application or the runoff management grant agreement.

Note: Cost-share calculation and practice verification forms may be obtained, at no charge, from the Bureau of Community Financial Assistance, Department of Natural Resources, Box 7921, Madison, Wisconsin 53707.

3. Progress reports required by the department shall accompany each reimbursement request. A project final report shall be submitted on forms available from the department and shall accompany the final reimbursement request.

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.

4. Reimbursements may not exceed the grant budget line for that practice, unless amended.

5. The department in the scope of the grant agreement may further specify eligible costs, reimbursement amounts and reimbursement filing deadlines.

6. Failure to submit reports on schedule may result in withholding of grant payments.

7. The department shall deny reimbursements requested for installed practices that are not included in a cost-share agreement or enumerated as a grantee-installed practice on the grant agreement or otherwise authorized by this chapter. Reimbursement for local assistance expenses shall be limited to those activities identified as a grant budget line item or specifically enumerated in the grant agreement scope.

(2) LOCAL ASSISTANCE GRANT AGREEMENTS.

(a) State funds may be used to share in the actual costs expended by the governmental unit and Board of Regents for eligible activities identified in local assistance grant agreements.

(b) Governmental units and state agencies shall comply with the reimbursement procedures listed under sub. (1).

(3) GENERAL PROVISIONS.

(a) Grant payments under this chapter to a governmental unit or the Board of Regents are contingent on the availability of funding.

(b) The department may remove an authorized activity from a grant if there has been substantial nonperformance of the project work by the grantee or the grantee has not met the conditions in the grant or grant amendment.

(c) The state share of any refunds, rebates, credits or other amounts that accrue to or are received by the grantee for the project, and that are properly allocable to costs for which the grantee has been paid under a grant, shall be paid to the department.

(d) The department shall pay the grantee the balance of the state share of the eligible project costs after project completion, department approval of the request for payment which the grantee has designated "final payment request" and department verification of the grantee's compliance with all applicable requirements of this chapter and the grant agreement. The final payment request shall be submitted by the grantee promptly after project completion. Prior to final payment under the grant, the grantee shall execute an assignment to the department for the state share of refunds, rebates, credits or other amounts properly allocable to costs for which the grantee has been paid by the department under the grant. The grantee shall also execute a release discharging the department, its officers, agents and employees from all liabilities, obligations and claims arising out of the project work or under the grant, subject only to the exceptions specified in the release.

(e) The department may withhold grant payments in the following cases:
1. The department may withhold a grant payment if the department determines, in writing, that a grantee has failed to comply with project objectives, grant conditions or reporting requirements.

2. The department shall withhold payment of, or otherwise recover, the amount of any indebtedness to the department, unless the department determines that collection of the debt will impair accomplishment of the project objectives and that continuation of the project is in the best interest of the nonpoint source water pollution abatement program.

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