Section NR 122.04 - Eligibility for grant assistance(1) ELIGIBLE APPLICANT. Any municipality which owns and operates a public water system that utilizes wells as the primary water source is eligible to apply for financial assistance under this chapter.(2) ELIGIBLE PROJECTS. A project submitted by an eligible applicant is eligible for grant assistance if, based on the information provided, the department determines that at least one of the following conditions is met: (a) The untreated water from at least one well within the municipal water system currently exceeds the maximum contaminant level of 10.0 mg/l for nitrate established in ch. NR 809. Note: Under enforcement procedures nitrate concentrations of 10.5 mg/l or greater are necessary to take action.
(b) The untreated water from at least one well within the municipal water system contains a nitrate level of at least 7.5 mg/l and there is documented evidence of recent increase in the nitrate level.(c) The municipality submits other evidence which documents the presence of a substantial risk of future well nitrate levels at or in excess of the maximum contaminant level established under ch. NR 809.(3) ELIGIBLE COSTS. The applicant's reasonable and necessary costs, which are within the scope of the approved project and not specifically made ineligible under this chapter, are eligible for grant assistance. Eligible costs as determined by the department, may include, but are not limited to: (a) Costs of studies, investigations, surveys, planning and other steps necessary to determine the economic and engineering feasibility of an approved project.(b) Costs of engineering, architectural and other technical services associated with final engineering reports, design of facilities, preparation of plans and specifications, inspection and supervision of construction and any other service necessary for the approved project. Where the services are provided by municipal employees under a force account, the allowable costs may not exceed the actual amount incurred.(c) Costs of contracts for construction or installation services, equipment and materials necessary for the approved project provided the procurement was done in accordance with the requirements of ch. 59, 60, 61 or 62, Stats., whichever is applicable.(d) Costs incurred by a municipality, including laboratory and other analysis necessary to prepare and submit project reports required by the department.(4) INELIGIBLE COSTS. Costs outside the scope, not directly associated with or necessary for an approved project, or unreasonable in amount are not eligible for grant assistance. The following cost items are ineligible for grant participation: (a) The costs of site acquisition, easements, right-of-ways or other estate or interest in property, and any associated cost.(b) Direct or indirect administrative costs; such as the provision of office space, telephone service and any additional municipal personnel.(c) Interest on any form of indebtedness.(d) Damage awards arising out of the construction, equipping or operation of the project, regardless of how the awards are determined.(e) Costs incident to normal operating costs of government, including the salaries and expenses of statutory officials such as the mayor, city manager or other official.(f) Bonus payments made to a contractor for completing work in advance of a specified time.(g) Costs determined by the department to be unreasonable in amount.(h) Costs incurred for projects which commenced without departmental approval of plans and specifications.(i) Costs for which the municipality receives federal assistance or other state assistance other than a loan which is to be repaid by the municipality.(j) Costs associated with contract procurements not in compliance with the requirements of ch. 59, 60, 61 or 62, Stats., whichever is applicable.Wis. Admin. Code Department of Natural Resources NR 122.04
Cr. Register, October, 1990, No. 418, eff. 11-1-90; corrections in (2) made under s. 13.93(2m) (b) 7, Stats., Register, September, 1995, No. 477.