Wis. Admin. Code Department of Natural Resources NR 162.49

Current through November 25, 2024
Section NR 162.49 - Project scoring system

Projects shall be scored under one of the following three categories: sewage collection systems, wastewater treatment plants, or storm water projects.

(1) COLLECTION SYSTEM PROJECTS. The following factors, when applied to sewage collection system projects in accordance with s. NR 162.50, shall determine the priority scoring for clean water fund program financial assistance pursuant to s. 281.58, Stats.:
(a)Project type score. The following points shall be awarded to each sewage collection system project:
1. Fifty points for a project that the department determines is necessary to prevent a municipality from significantly exceeding an effluent limitation contained in a permit issued under ch. 283, Stats., including eligible projects identified under s. NR 162.03 (1) (a) 2.
2. Twenty-five points for a project that installs sewers in a previously unsewered area, including eligible projects identified under s. NR 162.03 (1) (d) 2.
3. Five points for a project to improve a sewage collection system that contributes to violations of a permit issued under ch. 283, Stats., or that has been the subject of an enforcement action pursuant to s. 281.98, Stats., related to a performance standard, including eligible projects or costs identified under s. NR 162.03 (1) (c).
(b)Human health score. A sewage collection system project may be awarded points for human health only if the project is necessary to eliminate a health hazard, subject to all of the following:
1. 'Replacing failing septic systems.' A project that reduces the percentage of failing private systems shall be awarded the following points:
a. Thirty points if 70 percent or more of the systems included in the project are failing systems.
b. Twenty-five points if 50 percent to less than 70 percent of the systems included in the project are failing systems.
c. Twenty points if 30 percent to less than 50 percent of the systems included in the project are failing systems.
d. Fifteen points if 15 percent to less than 30 percent of the systems included in the project are failing systems.
e. Ten points if 5 percent to less than 15 percent of the systems included in the project are failing systems.
f. Five points if less than 5 percent but greater than 0 percent of the systems included in the project are failing systems.

Note: Failing septic systems include those with surface water ponding, discharge of sewage to the ground, or high groundwater or crevassed bedrock.

2. 'Elimination or prevention of bypasses and overflows.' A project that reduces or prevents bypasses and overflows that have occurred within the 5 years prior to the most recent submittal deadline for priority evaluation and ranking form information shall be awarded 15 points. If the most recent bypass or overflow occurred more than 5 years prior to the most recent submittal deadline for priority evaluation and ranking form information, the department shall award 15 points under this subdivision only if the project is part of a larger phased collection system improvement plan required by a court-stipulated action, a consent order, a compliance schedule in a permit, or another type of legal document.
3. 'Collection-system related backups.' A project that is necessary to reduce the number of basement backups related to the sewage collection system from the number of backups that have occurred within the 5 years prior to the most recent submittal deadline for priority evaluation and ranking form information shall be awarded the following points:
a. Fifteen points if the project is necessary to eliminate documented basement backups at 50 or more different municipal addresses.
b. Ten points if the project is necessary to eliminate documented basement backups at 15 to 49 different municipal addresses.
c. Five points if the project is necessary to eliminate documented basement backups at 1 to 14 different municipal addresses.
4. 'New collection system and new wastewater treatment plant.' A project eligible under s. NR 162.03 (1) (d), in which one municipality is constructing both a new wastewater treatment plant and a new collection system to serve only one new sewer service area that includes customers within the applicant's municipal boundaries, shall be awarded 10 points.
(c)Regionalization score. This section does not apply to sanitary sewer extensions within a municipality's sewer service area. Sewage collection system projects that result in increased regionalization of wastewater treatment and a reduction in the number of locations at which effluent from wastewater treatment plants or individual septic systems is discharged into waters of the state shall be awarded the following points:
1. Fifty points if the recipient's project results in elimination of individual septic systems and the recipient becomes a new subscribing municipality to another municipality's wastewater treatment plant.
2. One hundred points for either of the following situations:
a. The recipient will abandon its existing treatment facility and construct new infrastructure to convey its wastewater to a new treatment facility being constructed to accommodate 2 or more municipalities.
b. The recipient will abandon its own existing treatment facility and construct new infrastructure to convey its wastewater to an existing treatment facility owned by another municipality.
(2) WASTEWATER TREATMENT PLANT PROJECTS. The following factors, when applied to wastewater treatment plant projects in accordance with s. NR 162.50, shall determine the priority scoring for CWFP financial assistance under s. 281.58, Stats.:
(a)Project type score. The following points shall be awarded to each wastewater treatment plant project:
1. Fifty points to a project meeting the criteria of s. NR 162.03 (1) (a) 1., necessary to prevent a municipality from significantly exceeding an effluent limitation contained in a permit issued under ch. 283, Stats.
2. Fifty points to a project eligible under s. NR 162.03 (1) (b), required to meet new or changed WPDES permit limits.
3. Five points to a project meeting the criteria under s. NR 162.03 (1) (c), necessary to correct violations of an effluent limit contained in a permit issued under ch. 283, Stats.
(b)Human health criteria. Projects that directly affect human health shall be awarded points based on the following criteria:
1. Ten points if the project is necessary to prevent bypasses and overflows at a wastewater treatment plant that has had at least one occurrence of bypass or overflow, as defined in s. NR 210.21, within the 5 years prior to the most recent submittal deadline for priority evaluation and ranking form information.
2. Five points if the project is necessary to eliminate documented system-related backups that occurred within the 5 years prior to the most recent submittal deadline for priority evaluation and ranking form information caused by conditions at the wastewater treatment plant but not including backups caused by problems in the sewage collection system or backups due to excessive infiltration and inflow.
3. Ten points if the wastewater treatment works discharges to groundwater.
4. Ten points if the wastewater treatment works has a groundwater discharge and an effluent limit for total nitrogen.
5. Five points if the wastewater treatment works has a groundwater discharge and an effluent limit for any compounds other than nitrogen, such as a limit for chlorides. The maximum number of points under this subdivision is 5.

Example - If a treatment works has a groundwater discharge and an effluent limit for chlorides and an effluent limit for phosphorus, the department shall award only 5 points in this subdivision, even though there are 2 compounds for which the permit includes effluent limits.

6. Five points if the wastewater treatment works' permit requires annual disinfection prior to discharge.
7. Three points if the wastewater treatment works' permit requires disinfection but on a less than annual basis prior to discharge.
(c)Water quality criteria. The department shall award points for water quality parameters, based on the facility's WPDES permit limits. The department shall use surface water effluent limits in the current WPDES permit when determining the appropriate points to assign in the water quality criteria category as follows:
1. For BOD limits, the department shall assign points as follows, unless the permit includes a CBOD limit that provides a higher number of points:
a. Sixteen points if the monthly permit limit for BOD, or the most stringent seasonal limit for BOD in the permit, is less than 10 mg/l.
b. Twelve points if the monthly permit limit for BOD, or the most stringent seasonal limit for BOD in the permit, is 10 or more mg/l but less than 15 mg/l.
c. Eight points if the monthly permit limit for BOD, or the most stringent seasonal limit for BOD in the permit, is 15 or more mg/l but less than 20 mg/l.
d. Five points if the monthly permit limit for BOD, or the most stringent seasonal limit for BOD in the permit, is 20 or more mg/l but less than 30 mg/l.
e. Two points if the monthly permit limit for BOD, or the most stringent seasonal limit for BOD in the permit, is 30 or more mg/l.
2. For CBOD limits, the department shall assign points as follows, unless the permit includes a BOD limit that provides a higher number of points:
a. Sixteen points if the monthly permit limit for CBOD, or the most stringent seasonal limit for CBOD in the permit, is less than 10 mg/l.
b. Twelve points if the monthly permit limit for CBOD, or the most stringent seasonal limit for CBOD in the permit, is 10 or more mg/l but less than 15 mg/l.
c. Eight points if the monthly permit limit for CBOD, or the most stringent seasonal limit for CBOD in the permit, is 15 or more mg/l but less than 20 mg/l.
d. Five points if the monthly permit limit for CBOD, or the most stringent seasonal limit for CBOD in the permit, is 20 or more mg/l but less than 25 mg/l.
e. Two points if the monthly permit limit for CBOD, or the most stringent seasonal limit for CBOD in the permit, is 25 or more mg/l.
3. For TSS limits, the department shall assign points as follows:
a. Sixteen points if the monthly permit limit for TSS, or the most stringent seasonal limit for TSS in the permit, is less than 10 mg/l.
b. Twelve points if the monthly permit limit for TSS, or the most stringent seasonal limit for TSS in the permit, is 10 or more mg/l but less than 15 mg/l.
c. Eight points if the monthly permit limit for TSS, or the most stringent seasonal limit for TSS in the permit, is 15 or more mg/l but less than 20 mg/l.
d. Five points if the monthly permit limit for TSS, or the most stringent seasonal limit for TSS in the permit, is 20 or more mg/l but less than 30 mg/l.
e. Two points if the monthly permit limit for TSS, or the most stringent seasonal limit for TSS in the permit, is 30 or more mg/l.
4. For DO limits, the department shall assign points as follows:
a. Three points if the monthly permit limit for DO is greater than 6.99 mg/l.
b. One point if the monthly permit limit for DO is 4 or more mg/l but less than or equal to 6.99 mg/l.
5. For ammonia limits, the department shall assign points for either a chronic limit or an acute limit, whichever provides the highest points, as follows:
a. Five points if the monthly permit limit is for acute ammonia.
b. Fifteen points if the monthly permit limit for chronic ammonia, or the most stringent seasonal limit for chronic ammonia in the permit, is less than 5 mg/l.
c. Ten points if the monthly permit limit for chronic ammonia, or the most stringent seasonal limit for chronic ammonia in the permit, is 5 or more mg/l but less than 10 mg/l.
d. Six points if the monthly permit limit for chronic ammonia, or the most stringent seasonal limit for chronic ammonia in the permit, is 10 or more mg/l but less than 15 mg/l.
e. Two points if the monthly permit limit for chronic ammonia, or the most stringent seasonal limit for chronic ammonia in the permit, is 15 or more mg/l.
6. For phosphorus limits, the department shall assign points as follows:
a. Twenty points if the monthly permit limit for phosphorus is less than 0.2 mg/l.
b. Fifteen points if the monthly permit limit for phosphorus is 0.2 or more mg/l but less than 0.4 mg/l.
c. Ten points if the monthly permit limit for phosphorus is 0.4 or more mg/l but less than 0.6 mg/l.
d. Five points if the monthly permit limit for phosphorus is 0.6 or more mg/l but less than 0.9 mg/l.
e. Two points if the monthly permit limit for phosphorus is 0.9 or more mg/l but less than 2.5 mg/l.
f. One point if the monthly permit limit for phosphorus is 2.5 or more mg/l.
7. The department shall assign points as follows if the WPDES permit includes a limit for the specific element:
a. One point if the permit includes a chloride limit.
b. One point if the permit includes a copper limit.
c. One point if the permit includes a nickel limit.
d. One point if the permit includes a zinc limit.
e. One point if the permit includes a mercury limit.
f. One point if the permit includes a cadmium limit.
g. One point if the permit includes an arsenic limit.
(d)Regionalization score. This section does not apply to sanitary sewer extensions within the municipality's sewer service area. Treatment works projects that result in new or expanded regionalization of wastewater treatment shall be awarded the following points:
1. Fifty points if the project results in the recipient's full or partial ownership of a new treatment facility being constructed to treat wastewater conveyed from 2 or more municipalities. This excludes a situation in which the owner or owners of an existing regional treatment facility will abandon the existing treatment facility and construct a new treatment facility with no new subscribers.
2. Fifty points if the recipient is upgrading its existing treatment facility to accept and treat increased flows or loadings, or both, conveyed to the plant by one or more new subscribing municipalities, and the increase in flows or loadings is expected to be more than 10 percent of the pre-project design flows or loadings.
(3) STORM WATER MANAGEMENT PROJECTS. The following factors, when applied to storm water projects in accordance with s. NR 162.50, shall determine the priority scoring for CWFP financial assistance pursuant to s. 281.58, Stats.:
(a)Project type score. The following points shall be awarded to each storm water project:
1. Fifty points shall be awarded to a project if the municipality has a municipal storm water discharge permit under subch. I of ch. NR 216.
2. Twenty-five points shall be awarded to a storm water project in a non-permitted municipality.
3. Five points shall be awarded for a project for construction or replacement of runoff treatment works that violate a permit issued under ch. 283, Stats., or that has been the subject of an enforcement action pursuant to s. 281.98, Stats., for violation of a performance standard. This includes eligible projects or costs identified under s. NR 162.22 (1) and (2).
(b)Human health score. Ten points shall be awarded to a storm water project that includes pretreatment of contaminants before discharging to groundwater through an infiltration system.
(c)Water quality score. Storm water projects may be awarded water quality points based on data from the use of models as approved by the department as follows:
1. Connected drainage areas associated with storm water projects shall be awarded the following points:
a. Ten points for projects for which the overall percentage of the drainage area connected to high density impervious surfaces, such as commercial strip malls, commercial downtowns, or shopping centers, is 80 percent or greater.
b. Five points for projects for which the overall percentage of the drainage area connected to medium density impervious surfaces, such as schools, high density residential, mobile homes, freeways, multifamily housing, light industrial, hospitals, or office parks, is 40 percent to 79 percent impervious.
c. One point for projects for which the overall percentage of the drainage area connected to low density impervious surfaces, such as open spaces, suburban areas, parks, cemeteries, and low or medium density residential areas, is less than 40 percent impervious.
2. Storm water projects that provide TSS removal shall be awarded the following points:
a. Ten points for 80 percent or more TSS removal.
b. Five points for 60 percent to less than 80 percent TSS removal.
c. One point for 40 percent to less than 60 percent TSS removal.
3. Storm water projects that include the following features shall be awarded the following points:
a. Three points for greater than 55 percent phosphorus removal.
b. Three points for mechanical nutrient removal technology or other green technology.
c. Three points for infiltration.
(4) POPULATION. The department shall add a population score to projects that have the same score as other projects within their project category. The population score is one minus the logarithm to the base 10 of the residential population of the municipality served by the project, divided by 10.

Population score =1 - (log 10 residential population) /10

(5) INTENDED USE PLAN. The department may include additional or modify existing scoring criteria in the annual CWFP intended use plan.

Wis. Admin. Code Department of Natural Resources NR 162.49

CR 03-027: cr. Register November 2003 No. 575, eff. 12-1-03.
Amended 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. 11-1-23; correction in (3) (c) (intro.), 1. a. made under s. 35.17, Stats., Register October 2023 No. 814, eff. 11/1/2023

The intended use plan is required of the department by the U.S. environmental protection agency as part of the application package for the federal capitalization grant for the CWFP.