Wisconsin Administrative Code
Department of Natural Resources
NR 100-199 - Environmental Protection General
Chapter NR 166 - Safe Drinking Water Loan Program
Subchapter II - Financial Assistance Requirements
Section NR 166.14 - Financial assistance agreement conditions
Universal Citation: WI Admin Code ยง NR 166.14
Current through August 26, 2024
(1) Each financial assistance agreement shall require the recipient to do all of the following:
(a) Maintain system water rates and operating
rules in accordance with s.
NR 166.10 (7) or
(8).
(b) Comply with all pertinent requirements of
federal, state, and local environmental laws and regulations.
(c) Comply with the requirements contained in
42 USC
300j-12.
(d) Pay the costs of water system
construction that are ineligible for financial assistance under this
chapter.
(e) Comply with all state
and local laws regarding procurement and public contracts.
(f) Provide department representatives access
to the scored project, including construction activities, whenever the project
is in preparation or progress, and for a final inspection when the project is
complete. For purposes of providing access, the recipient shall do all of the
following:
1. In each of its contracts for the
scored 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. Allow DOA or its agent access to
project-related records for audits.
(g) 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 SDWLP
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.
(h) 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.
(i) Promptly submit
to the department a copy of any prime contract or modification of it and any
revisions to plans and specifications.
(j) 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.
(k) Provide and maintain adequate
construction inspection to ensure conformance with the approved plans and
specifications, proper construction methods, and the financial assistance
agreement.
(L) Notify the
department of the substantial completion of the project.
(n) Comply with all applicable provisions of
any outstanding SDWLP and clean water fund program financial assistance
agreements and interest rate subsidy agreements.
(o) Obtain and maintain full legal right and
authority required to own, control, operate, and maintain the project for at
least the term of the financial assistance agreement, including assuring that
any of the following requirements regarding the land on which the project takes
place are met:
1. If the municipality prior to
signing a financial assistance agreement owns all of the land on which the
project takes place, the municipality shall maintain ownership of the land on
which the project is built for at least the term of the financial assistance
agreement unless the municipality obtains approval from the department to
discontinue operation of, sell, or otherwise dispose of the project.
2. If the municipality prior to signing a
financial assistance agreement does not own any of the land on which the
project takes place, the municipality shall obtain and maintain for at least
the term of the financial assistance agreement all necessary permits, licenses,
easements, and approvals required to give the municipality the authorities and
permissions needed to construct, operate, and maintain the project on the land
on which the project is built unless the municipality obtains approval from the
department to discontinue operation of, sell, or otherwise dispose of the
project.
3. If the municipality
prior to signing a financial assistance agreement owns some but not all of the
land on which the project takes place, the municipality shall follow the
requirements under subds. 1. and 2. regarding maintaining ownership of or
access needed to the land on which the project takes place to allow the
municipality to construct, operate, and maintain the project on the land on
which the project is built for at least the term of the financial assistance
agreement.
(2) Not withstanding sub. (1) (o), municipalities are not required to submit a certification or legal opinion regarding portions of land on which removal of private lead service lines or galvanized pipes takes place.
(3) The financial assistance agreement is not effective until all parties to the financial assistance agreement have signed it.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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