Section NR 166.14 - Financial assistance agreement conditions(1) Each financial assistance agreement shall require the recipient to do all of the following: (a) Maintain system water rates and operating rules in accordance with s. NR 166.10 (7) or (8).(b) Comply with all pertinent requirements of federal, state, and local environmental laws and regulations.(c) Comply with the requirements contained in 42 USC 300j-12.(d) Pay the costs of water system construction that are ineligible for financial assistance under this chapter.(e) Comply with all state and local laws regarding procurement and public contracts.(f) Provide department representatives access to the scored project, including construction activities, whenever the project is in preparation or progress, and for a final inspection when the project is complete. For purposes of providing access, the recipient shall do all of the following:1. In each of its contracts for the scored 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. Allow DOA or its agent access to project-related records for audits.(g) 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 SDWLP 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.(h) 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.(i) Promptly submit to the department a copy of any prime contract or modification of it and any revisions to plans and specifications.(j) 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.(k) Provide and maintain adequate construction inspection to ensure conformance with the approved plans and specifications, proper construction methods, and the financial assistance agreement.(L) Notify the department of the substantial completion of the project.(n) Comply with all applicable provisions of any outstanding SDWLP and clean water fund program financial assistance agreements and interest rate subsidy agreements.(o) Obtain and maintain full legal right and authority required to own, control, operate, and maintain the project for at least the term of the financial assistance agreement, including assuring that any of the following requirements regarding the land on which the project takes place are met:1. If the municipality prior to signing a financial assistance agreement owns all of the land on which the project takes place, the municipality shall maintain ownership of the land on which the project is built for at least the term of the financial assistance agreement unless the municipality obtains approval from the department to discontinue operation of, sell, or otherwise dispose of the project.2. If the municipality prior to signing a financial assistance agreement does not own any of the land on which the project takes place, the municipality shall obtain and maintain for at least the term of the financial assistance agreement all necessary permits, licenses, easements, and approvals required to give the municipality the authorities and permissions needed to construct, operate, and maintain the project on the land on which the project is built unless the municipality obtains approval from the department to discontinue operation of, sell, or otherwise dispose of the project.3. If the municipality prior to signing a financial assistance agreement owns some but not all of the land on which the project takes place, the municipality shall follow the requirements under subds. 1. and 2. regarding maintaining ownership of or access needed to the land on which the project takes place to allow the municipality to construct, operate, and maintain the project on the land on which the project is built for at least the term of the financial assistance agreement.(2) Not withstanding sub. (1) (o), municipalities are not required to submit a certification or legal opinion regarding portions of land on which removal of private lead service lines or galvanized pipes takes place.(3) The financial assistance agreement is not effective until all parties to the financial assistance agreement have signed it.Wis. Admin. Code Department of Natural Resources NR 166.14
CR 06-023: cr. Register May 2007 No. 617, eff. 6-1-07.Amended by, CR 14-044: cr. Register June 2015 No. 714, eff.7/1/2015.Adopted by, CR 22-068: cr. Register October 2023 No. 814, eff. 11/1/2023