(1) NOTICE OF INTENT TO APPLY. The
notice of intent requirements described in s.
NR 162.05 (1) are
applicable to any urban runoff or storm water project for which a municipality is applying for financial
assistance under this subchapter or for interest rate subsidy under subch. IV.
(2) APPLICATION PROCEDURES. A municipality shall apply for financial
assistance in accordance with s. 281.58 (9), Stats. All applicants must submit
the required information and documentation through the department's online application system.
Note: Directions regarding online submittal are
available on the Environmental Improvement Fund website at https://dnr.wisconsin.gov/aid/EIF.html. An
interest rate subsidy application is a different form and must be submitted in accordance with s.
NR 162.40 (5) and
(6).
(3) CONTENTS OF
APPLICATION. The applicant shall submit a complete application, including all of the following items that are
applicable to the project:
(a) Evidence of a department-approved plan
applicable to the scored project.
(b) Construction plans and
specifications submitted to the department in accordance with ch. NR 151 that are approvable under ch. 281,
Stats. An applicant may be denied funding if the applicant does not provide appropriately complete plans and
specifications to the department prior to or with the application. The applicant shall submit a copy of
approvable plans and specifications with the application in addition to the plans and specifications
submitted to the department for plan review under ch. NR 151.
(c)
Completion of the required fields in and upload of required documentation to the department's online
application system, including all of the following:
1. Provision of a clear,
concise, and comprehensive project description, including any modifications to the project description
previously provided in the online application systems.
2.
Estimated or actual construction costs.
3. Identification of
known ineligible costs included within the total budget provided in the online application.
4. Information regarding assistance received or expected from another
funding source.
Note: The project description may already be included
in the online application as it should transfer over to the application if previously provided with intent to
apply or priority evaluation and ranking information. When that transfer of information is successful, the
applicant must only provide information regarding any modifications to the project description that is
already included in the application rather than providing an additional complete project
description.
(d) Items or information for
compliance with federal regulations identified by the department in the online application system as required
for a complete application; these items may include any of the following:
1.
Documentation of compliance with wage rate laws.
2. Completed
federal forms.
3. Information regarding green project components,
cost and effectiveness of the project, or procuring American-made products for use in the project.
(e) Copies of executed engineering contracts and any associated
contract amendments for planning and design if funds are requested for planning and design.
(f) A copy of the executed engineering contract and any associated contract
amendments for construction management if funds are requested for construction management and the contract is
available at the time of application submittal.
(g) A copy of
each executed non-engineering professional services contract related to the project and any associated
amendments if funds are requested in the application project budget for services included in the contract and
the contract or amendment is available at the time of application submittal.
(h) A proposed or an executed intermunicipal agreement for each
municipality served by the project when 2 or more municipalities utilize shared or interconnected treatment
works or a BMP. Prior to receiving financial assistance, the applicant shall ensure that each required
intermunicipal agreement shall do each of the following that is applicable to the project:
1. Identify ownership for each individual portion of the storm water
treatment works or BMP, including interceptors or other conveyance, lift stations, drainage systems, catch
basins, constructed channels, specific practices or devices, and privately-owned storm water treatment works
or BMPs.
2. Establish the term of the intermunicipal agreement,
unless it is effective in perpetuity, subject to all of the following:
a. If
the intermunicipal agreement is new or being negotiated specifically for the project for which financial
assistance is being requested, the term shall be for at least the term of the financial assistance
agreement.
b. If there is an existing intermunicipal agreement in
place that meets the requirements of this section but expires during the loan term, the municipality shall
renegotiate or extend the existing agreement prior to the end of its term and maintain the intermunicipal
agreement throughout the term of the financial assistance agreement.
3. Require each municipality to adopt local regulations for construction
sites and adopt a municipal storm water management plan for new development and redevelopment, consistent
with the performance standards developed by the department under s.
281.33 (3), Stats.
4. Demonstrate the
basis for generating revenue for operation, maintenance, and replacement costs based on actual use or another
equitable method and state the parties that are responsible for paying these charges.
5. Indicate the method for generating revenue for capital costs and
indicate who is responsible for payment.
6. Indicate that the
owner of the regional facility shall accept the applicant's runoff and identify the boundary from which the
applicant's discharge originates.
(i) Financial
information required by DOA to be used in determining the affordability of the proposed project, the
financial capability of the municipality, and the adequacy of the pledge of revenues to repay the obligation
securing the proposed financial assistance.
(j) A copy of the
existing user charge system and information regarding the proposed user charge system and a storm water
management zoning ordinance, when required by the department.
(k)
Any existing or proposed contracts with users of the storm water treatment works or BMP.
(L) Documentation applicable to U.S. internal revenue service tax
information as indicated in the online application system.
(m) A
resolution declaring intent to reimburse municipal accounts with financial assistance proceeds that meets the
requirements established in U.S. treasury reimbursement regulations
26 CFR
1.150-2.
(n) A copy of the debt
instrument of any interim debt to be refinanced with CWFP financial assistance.
(o) A completed design life worksheet if the applicant at the time of
application requests a loan term that is greater than 20 years.
(4) APPLICATION SUBMITTAL DEADLINE AND APPLICATION ACCEPTANCE. Section
NR 162.05 (6) and
(7) are applicable to storm water treatment works projects and
BMPs.
