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For CWFP & SDWLP information, contact:
Environmental Loans staff

Intermunicipal agreements for the CWFP

Sections NR 162.06(2)(h) and NR 162.07(1)(i) of the Wisconsin Administrative Code provide that an intermunicipal agreement is necessary when either:

  1. an applicant municipality's wastewater or stormwater is discharging to or through the treatment works or best management practice (BMP) of another municipality; or
  2. another municipality is discharging to or through the applicant's facilities.

The intermunicipal agreement is a contract between two or more municipalities, which defines the responsibilities of each municipal entity. The CWFP reviews the conditions of the contract to assure the conditions are consistent with the requirements of statutes and administrative code.

The final executed intermunicipal agreement must:

  • identify ownership for each individual portion of the treatment works or BMP, such as interceptors, sewage collection systems, municipal storm water conveyance systems, lift stations, and privately owned treatment works or BMPs;
  • establish the term of the agreement that is at least for the life of the loan;
  • require municipalities requesting funding for storm water projects to adopt local regulations for construction sites and a municipal storm water management plan and ordinance for new development and redevelopment;
  • demonstrate the basis for generating revenue for operation, maintenance, and replacement costs based on actual use, and state who will be responsible for paying for these charges;
  • indicate the method for generating revenue for capital costs and who is responsible for payment;
  • indicate that the owner of the regional facility shall accept the applicant's wastewater or urban runoff and identify the boundary from which the applicant's discharge originates; and
  • require that each entity adopt a user charge system and sewer use ordinance consistent with the requirements of ch. NR 162, Wis. Adm. Code.

Read more about the specific requirements for intermunicipal agreements on page four of E-Bulletin Volume 9, Issue 04.

Contact information
For information on this topic, contact:
Lisa Bushby

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Disclaimer of guidance: This document is intended solely as guidance and does not contain any mandatory requirements except where requirements found in statute or administrative rule are referenced. Any regulatory decisions made by the Department of Natural Resources in any matter addressed by this guidance will be made by applying the governing statutes and administrative rules to the relevant facts.

Last revised: Wednesday April 22 2020