Section NR 162.30 - Financial assistance agreement conditions(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.Wis. Admin. Code Department of Natural Resources NR 162.30
CR 03-027: cr. Register November 2003 No. 575, eff. 12-1-03.Adopted by, CR 14-043: cr. Register June 2015 No. 714, eff.7/1/2015.Adopted by, CR 22-045: cr. Register October 2023 No. 814, eff. 11/1/2023