Intermunicipal Agreements

Clean Water Fund Program

An intermunicipal agreement is necessary when either: 1) an applicant municipality's wastewater or stormwater is discharging to or through the treatment works or structural urban 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 structural urban BMP, such as interceptors, sewage collection systems, municipal storm water conveyance systems, lift stations, and privately owned treatment works or structural urban BMPs;

• establish the term of the agreement (must cover at least the 20-year 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 s. NR 162.08, Wis. Adm. Code.