Section NR 153.205 - Notice of discharge project application, selection and funding(1) APPLICABILITY. This section applies only to notice of discharge projects under s. NR 153.145.(2) APPLICATION PERIOD AND CONTENT. (a) The department may accept notice of discharge project applications from governmental units on a continuous basis. Applications shall remain active for one year unless terminated by the applicant. After one year, the governmental unit shall resubmit the application in order for the application to remain active for the department's funding consideration.(b) The department shall require that applications be submitted on forms provided by the department. Note: Forms can be obtained from the department's Bureau of Watershed Management or the department's Bureau of Community Financial Assistance, 101 S. Webster St., PO Box 7921, Madison, WI 53707-7921.
(c) The application information shall include all of the following: 1. Name and address of the prospective cost-share recipient and project location.3. Size of livestock operation, in animal units.4. Site history, description of discharge, and method of problem determination.5. Extent and severity of the threat or impact to waters of the state and urgency of installing management measures.6. Proposed management practices, estimated costs, and implementation timeline.7. Concurrence from the department of natural resources that the site has been issued, or will be issued concurrent with the runoff management agreement, a notice under s. NR 243.24.(3) PROJECT SELECTION AND FUNDING. (a) Each year, the department shall identify up to four specific periods when active applications will be considered for funding. Applications considered for funding during each period include the active, unfunded applications from the prior period plus any new applications received prior to the end of the subsequent period. The department shall determine what portion of the available funds will be made available to fund projects being considered in each selection period.(b) The department shall consider the information submitted under sub. (2) and make a decision whether to award funding for the project based on the merits of the proposed project, the amount of funding available for project selection, availability of other funding sources, farm viability, and state cost-share requirements under ch. NR 243. 1. If grant funds are awarded under this subsection for a landowner or operator to comply with a notice issued by the department for a category II unacceptable practice under s. NR 243.24(1) (b), the department's grant award shall, alone or in combination with other sources, meet the state cost-share requirements under s. 281.16(3) (e), Stats. Requests for economic hardship shall be administered in accordance with s. NR 154.03(3).2. If grant funds are awarded under this subsection for a landowner or operator to comply with a notice issued by the department for a category I unacceptable practice under s. NR 243.24(1) (a) or category III unacceptable practice under s. NR 243.24(1) (c), the department may do any of the following: a. Limit the grant award to less than 70% of eligible costs.b. Establish a maximum dollar amount that may be awarded under the grant for the project.c. Offer additional cost sharing for economic hardship cases. Requests for economic hardship shall be administered in accordance with s. NR 120.18(4). Note: Under ch. NR 243, the department has authority to require compliance with a notice issued for a category I or category III unacceptable practice regardless of cost sharing. Consequently, the department may provide limited or no cost-share assistance for these situations.
Note: Prior to making a funding decision, the department intends to consult with the department of agriculture, trade and consumer protection concerning the availability and suitability of alternative funding sources available through the soil and water resources management grant program administered under ch. ATCP 50.
(c) The department may enter into a runoff management grant agreement with a governmental unit only after a notice has been issued pursuant to s. NR 243.24.(4) JOINT ALLOCATION PLAN. The department shall establish a budget reserve for notice of discharge projects in the annual joint allocation plan required under ss. 92.14(14) and 281.65(4) (pm), Stats.Wis. Admin. Code Department of Natural Resources NR 153.205
CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.The department intends to transfer funds from the reserve to governmental units by entering into runoff management agreements.