(1) Each financial
assistance agreement shall require the recipient to do all of the following:
(a) Maintain a system of user charges in
accordance with s.
NR 162.26, if applicable as described in s.
NR 162.26 (2), and maintain ordinances and other legal
authorities in accordance with ch. NR 216, 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)
Comply with all state and local laws regarding procurement and public
contracts.
(e) 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.
(f) 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.
(g) 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.
(h) Promptly submit
to the department a copy of any prime professional services or construction
contract or modification to a contract and any revisions to plans and
specifications.
(i) 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.
(j) Comply
with all applicable construction site performance standards and technical
standards established in ch. NR 151 for controlling runoff pollution.
Note: Storm water technical standards, models,
and BMPs are available online at
https://dnr.wisconsin.gov/topic/Stormwater/standards.
Use the standards to plan, design, install, and maintain erosion and sediment
control and storm water management practices, to comply with ch. NR 151. This
information on the web is also available in paper form and may be obtained from
the Department of Natural Resources, Bureau of Community Financial Assistance,
101 South Webster Street, Madison, Wisconsin 53702.
(k) Provide and maintain adequate
construction inspection to ensure conformance with the approved plans and
specifications.
(L) Notify the
department of the substantial completion of the project.
(m) Maintain all required intermunicipal
agreements throughout the term of the financial assistance agreement as
described in s.
NR 162.24 (3) (h)
2.
(n) Comply with all applicable provisions of
any outstanding CWFP and safe drinking water loan program financial assistance
agreements and CWFP interest rate subsidy agreements.
(2) The financial assistance agreement is
effective when all parties to the financial assistance agreement have signed
it.