Section NR 120.28 - Enforcement(1) On an annual basis, the department shall evaluate watershed projects in implementation. During the evaluation, the department shall examine the progress of the watershed project toward project goals and water quality objectives specified in the watershed plan. Upon consulting with the project sponsor, the department may take appropriate action to improve the progress of the watershed project. Department action may include, but is not limited to, more frequent project evaluation, the use of interim project goals, changes to project funding, and the adoption of sanctions listed in sub. (2), when the project is in noncompliance with the priority watershed or priority lake plan.(2) The following sanctions may be imposed by the department for noncompliance with the provisions of s. 281.65, Stats., this chapter or any grant agreement entered into or amended in accordance with the provisions of this chapter: (a) The grant may be terminated or annulled under s. NR 120.27.(b) Watershed project costs directly related to noncompliance may be declared ineligible.(c) Payment otherwise due the grantee of up to 10% may be withheld if the conditions of s. NR 120.23(1) (c) are met.(d) Watershed project work may be suspended under s. NR 120.27.(e) Other administrative or judicial remedies may be instituted as legally available and appropriate.(f) The department may seek recovery of grant payments in whole or in part.(3) If a site has been designated as a critical site, the provisions of ss. NR 120.08 and have been 120.09 met, and the owner fails to install best management practices or reduce the pollutants contributed by the site through alternative actions, the department may issue a notice of intent, in accordance with s. 281.20(1), (3) and (5), Stats., if the pollution is not caused by animal waste. If the site is caused by animal waste, enforcement shall be in accordance with the provisions of ch. NR 243. The department shall consult with DATCP when the source of pollution from the site is agricultural.Wis. Admin. Code Department of Natural Resources NR 120.28
CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02.