reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:08 - State water pollution control revolving fund program › Section 74:05:08:04.01 - Priority list bypass procedures

Current through Register Vol. 51, page 10, July 15, 2024
Projects are funded based on their project priority rating. Projects
	 with the highest priority rating that have submitted a complete application and
	 demonstrated adequate capacity to repay the loan are funded before lower-rated
	 projects. If a project on the priority list has not demonstrated readiness to
	 proceed by submitting an application, the project may be bypassed and the next
	 highest priority project that has submitted an application is funded. The
	 department shall exert reasonable efforts to ensure that the higher-rated
	 projects on the priority list are funded.
General Authority:
SDCL
		46A-1-60.3.
Law Implemented:
SDCL
		46A-1-60.1 to
		46A-1-60.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:08 - State water pollution control revolving fund program › Section 74:05:08:05 - Annual preparation of IUP

Current through Register Vol. 51, page 10, July 15, 2024
Preparation of the IUP begins after the state water plan application
	 deadline of October 1 of each year. Upon tentative completion of the annual
	 preparation of the proposed IUP by the secretary, the board shall conduct a
	 hearing to receive comments from the public. At least 20 calendar days notice
	 shall be given of the public hearing in at least three newspapers of general
	 circulation in different parts of the state. Written comments shall be accepted
	 during this period. After all comments are received, the board shall compile
	 and adopt the final IUP within 30 days after the hearing.
General Authority:
SDCL
		46A-1-60.3.
Law Implemented:
SDCL
		46A-1-60.1 to
		46A-1-60.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:08 - State water pollution control revolving fund program › Section 74:05:08:06 - Amendment of IUP

Current through Register Vol. 51, page 10, July 15, 2024
The board may amend the IUP at any board meeting if the proposed action
	 is included on the agenda posted for the meeting.
General Authority:
SDCL
		46A-1-60.3.
Law Implemented:
SDCL
		46A-1-60.1 to
		46A-1-60.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:08 - State water pollution control revolving fund program › Section 74:05:08:07 - Deadline for application

Current through Register Vol. 51, page 10, July 15, 2024
Applications are due on the first day of January, April, July, and
	 October. Applications must be postmarked or delivered no later than the day on
	 which applications are due. The department shall present applications to the
	 board after the completion of all required technical reviews and financial
	 analyses. The department shall notify the applicant of the board meeting at
	 which the application will be considered by the board.
General Authority:
SDCL
		46A-1-60.3.
Law Implemented:
SDCL
		46A-1-60.1 to
		46A-1-60.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:08 - State water pollution control revolving fund program › Section 74:05:08:08 - Reserve for water quality grants

Current through Register Vol. 51, page 10, July 15, 2024
The board may designate a portion of the SRF excess administrative
	 expense surcharge for water quality grants for each federal fiscal year. The
	 amount designated by the board and the activities for which the grant will be
	 used shall be specified in the intended use plan.
General Authority:
SDCL
		46A-1-60.3.
Law Implemented:
SDCL
		46A-1-60.1 to
		46A-1-60.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:08 - State water pollution control revolving fund program › Section 74:05:08:12 - Financial assistance approval criteria

Current through Register Vol. 51, page 10, July 15, 2024
The board may award less financial assistance than the amount requested
	 in the application or may deny assistance. If the applicant is eligible for
	 assistance from more than one program, the board may approve financial
	 assistance under any of the programs or under a combination of more than one
	 program, including the consolidated water facilities construction fund program
	 under chapter 74:05:07 or the solid waste management program under chapter
	 74:05:10. If financial assistance is approved from more than one program, the
	 amount of assistance approved may not exceed the aggregate amount of funding
	 requested. In determining the amount of financial assistance, the board may
	 consider the following:
(1) The
  availability of funds in the SRF program;
(2) The applicant's need;
(3) Violation of health or safety standards;
  and
(4) The applicant's ability to
  repay.
General Authority:
SDCL
		46A-1-60.3.
Law Implemented:
SDCL
		46A-1-60.1 to
		46A-1-60.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:08 - State water pollution control revolving fund program › Section 74:05:08:12.01 - Principal forgiveness as part of assistance agreements

Current through Register Vol. 51, page 10, July 15, 2024
Assistance recipients described in §
									74:05:08:02 that meet the
	 affordability criteria described in §
									74:05:08:12.03 and minimum
	 established rates may receive principal forgiveness as authorized by the Act in
	 an amount determined by the board. Applicants seeking assistance to implement a
	 process, material, technique, or technology to address water or energy
	 efficiency goals, mitigate storm water run-off, or encourage sustainable
	 project planning, design, and construction may receive principal forgiveness in
	 an amount determined by the board without meeting the affordability criteria
	 and minimum established rate.
General Authority:
SDCL
		46A-1-60.3.
Law Implemented:
SDCL
		46A-1-60.1 to
		46A-1-60.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:08 - State water pollution control revolving fund program › Section 74:05:08:12.02 - Principal forgiveness amount determination

Current through Register Vol. 51, page 10, July 15, 2024
In exercising its discretion in determining the amount of principal
	 forgiveness, the board may consider the following decision-making factors,
	 which are set forth in alphabetical order:
(1) Annual utility operating
  budgets;
(2) Available local cash
  and in-kind contributions;
(3)
  Available program funds;
(4)
  Compliance with permits and regulations;
(5) Debt service capability;
(6) Economic impact;
(7) Other funding sources;
(8) Readiness to proceed;
(9) Regionalization or consolidation of
  facilities;
(10) Technical
  feasibility;
(11) Utility rates;
  and
(12) Water quality
  benefits.
General Authority:
SDCL
		46A-1-60.3.
Law Implemented:
SDCL
		46A-1-60.1 to
		46A-1-60.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:08 - State water pollution control revolving fund program › Section 74:05:08:12.03 - Affordability criteria to determine principal forgiveness eligibility

Current through Register Vol. 51, page 10, July 15, 2024
All applicants will be awarded points to determine principal
	 forgiveness eligibility as follows: five points if an applicant's median
	 household income is less than or equal to 95 percent of the statewide median
	 household income of $59,896; three points if an applicant's median household
	 income is less than or equal to 105 percent of the statewide median household
	 income of $59,896 and greater than 95 percent of the statewide median household
	 income of $59,896; one point if the applicant's 2020 census population is less
	 than the applicant's 2010 census population; and one point if an applicant's
	 county unemployment rate is greater than the statewide unemployment rate. If
	 the boundaries of an applicant are located in more than one county, the
	 unemployment rate of the county with the largest percentage of the applicant's
	 population will be used. Applicants must receive a minimum of five points to be
	 eligible for principal forgiveness.
General Authority:
SDCL
		46A-1-60.3.
Law Implemented:
SDCL
		46A-1-60.1 to
		46A-1-60.3.
South Dakota and County Labor Force Date, December 2022, Labor Market
		Information Center, South Dakota Department of Labor and Regulation. This
		information is available at no cost over the internet at
http://denr.sd.gov/Funding/EnvironmentalFunding/docs/UnemploymentRate.pdf
.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:08 - State water pollution control revolving fund program › Section 74:05:08:13 - Applications

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for financial assistance shall submit an application to
	 the board on forms obtained from the department. An application shall not be
	 considered by the board until the secretary has determined that the application
	 is complete. A complete loan application must include the following
	 items:
(1) Application form to
  include:
(a) Certification of Clean Water
  Needs Categories;
(b) Certification
  Regarding Debarment, Suspension, and Other Responsibility Matters;
  and
(c) Cost and Effectiveness
  Certification Form;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:08 - State water pollution control revolving fund program › Section 74:05:08:13.01 - Application review and completeness determination

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall review an application for completeness in
	 accordance with the guidelines in §
									74:05:08:13. The secretary shall
	 notify the applicant within 30 days after the application deadline that the
	 application is complete or incomplete. If the application is incomplete, the
	 secretary shall identify in the notice those items required to complete the
	 application. Except as addressed in §§
									74:05:08:13.02 and 74:05:08:13.03,
	 the applicant has 20 days to provide additional information intended to
	 complete an application. The secretary shall notify the applicant whether or
	 not the resubmission or additional information is satisfactory to complete the
	 application.
The secretary shall conduct an overall review of the applicant's
	 financial status, the financial assistance approval criteria as identified in
	 §
									74:05:08:12, and the factors for
	 principal forgiveness decision making as identified in §
									74:05:08:12.02. The secretary
	 shall prepare a summary of the applicant's financial status and may provide a
	 copy to the board. This summary may include an analysis of all assets and
	 liabilities and an analysis of the applicant's financial capability as
	 documented by the most recent audit or financial statement. The secretary shall
	 recommend approval or denial of financial assistance. The secretary's
	 recommendation for approval of financial assistance may include awarding any
	 combination of principal forgiveness, loan, or partial funding from this
	 program or in combination with other programs.
General Authority:
SDCL
		46A-1-60.3.
Law Implemented:
SDCL
		46A-1-60.1 to
		46A-1-60.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:08 - State water pollution control revolving fund program › Section 74:05:08:13.02 - Facilities plan submittal

Current through Register Vol. 51, page 10, July 15, 2024
Any applicant requesting financial assistance for a wastewater
	 treatment works or storm water project must prepare a facilities plan. A
	 facilities plan is not required from an applicant requesting funding for other
	 types of projects. The facilities plan shall at minimum provide the information
	 contained in §
									74:05:08:01(8).
	 The applicant shall be notified of any deficiencies in the draft facilities
	 plan submitted with the application. A completed facilities plan must be
	 received by the department to initiate the environmental review process. The
	 facilities plan is not considered complete until the following items are
	 received:
(1) Information to address
  the deficiencies identified by the secretary;
(2) Receipt of evidence of advertisement of a
  public hearing;
(3) Minutes from
  the public hearing;
(4) Responses
  from the U.S. Fish and Wildlife Service; South Dakota Department of Game, Fish
  and Parks; Natural Resources Conservation Service; U.S. Army Corps of
  Engineers; and the State Historical Preservation Office; and
(5) Resolution of any issues identified in
  the public hearing or by the agencies listed in §
									74:05:08:13.02(4).
General Authority:
SDCL
		46A-1-60.3.
Law Implemented:
SDCL
		46A-1-60.1 to
		46A-1-60.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:08 - State water pollution control revolving fund program › Section 74:05:08:13.03 - Environmental determinations

Current through Register Vol. 51, page 10, July 15, 2024
For projects that pursuant to the Act require an environmental review,
	 the environmental review process must be completed before the closing of the
	 loan. For projects requiring a Categorical Exclusion, the process is considered
	 complete upon publication of the Categorical Exclusion. For projects requiring
	 a Finding of No Significant Impact determination, the process is considered
	 complete when the 30-day comment period following the publication of the
	 Finding of No Significant Impact has elapsed and any comments have been
	 addressed.
General Authority:
SDCL
		46A-1-60.3.
Law Implemented:
SDCL
		46A-1-60.1 to
		46A-1-60.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:08 - State water pollution control revolving fund program › Section 74:05:08:14 - Eligible use of funds

Current through Register Vol. 51, page 10, July 15, 2024
Financial assistance may be awarded for wastewater treatment works,
	 storm water projects, and nonpoint source projects. Eligible uses may
	 include:
(1) Any one or more of the
  following items;
(a) Facilities plan
  preparation and financial assistance application preparation;
(b) Engineering, environmental,
  architectural, legal, fiscal, or economic studies;
(c) Surveys, designs, plans, land
  acquisition, working drawings, specifications, equipment purchases, or other
  necessary actions for erection, building acquisition, alteration, or remodeling
  improvement;
(d) Extension of
  eligible works;
(e) A nonpoint
  source management project qualifying under § 319 of the Act;
(f) Operation and maintenance manual
  preparation; or
(g) Operator
  startup training;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:08 - State water pollution control revolving fund program › Section 74:05:08:15 - Financial security

Current through Register Vol. 51, page 10, July 15, 2024
Specific requirements to secure a loan must be included in the
	 assistance agreement. The loan must be secured by one or more of the
	 following:
(1) Full faith and credit
  of the borrower;
(2) Pledges of
  taxes or assessments;
(3) Pledges
  of facility revenue;
(4) Liens on
  the interest of the applicant in all real and personal property, easements,
  rights-of-way, water rights, and similar property rights, including leasehold
  interests, used in connection with the facility or the proceeds therefrom
  whether owned at the time the loan is approved or acquired with loan
  funds;
(5) For loans made for
  interim financing of a project, the assignment of the proceeds of the federal
  grant or loan to be made by an agency or instrumentality of the United States
  government for the project; or
(6)
  For loans made to an applicant for relending to private persons whose project
  consists of eligible nonpoint source projects, the loan repayments from the
  private loan, and an assignment of an additional collateral securing the
  private loan.
General Authority:
SDCL
		46A-1-60.3.
Law Implemented:
SDCL
		46A-1-60.1 to
		46A-1-60.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:08 - State water pollution control revolving fund program › Section 74:05:08:17 - Duration of assistance

Current through Register Vol. 51, page 10, July 15, 2024
The board shall set the repayment period for each loan in the
	 assistance agreement, which may not exceed five years for interim financing and
	 30 years in all other cases as permitted by the Act. The repayment period may
	 not exceed the useful life of the project.
General Authority:
SDCL
		46A-1-60.3.
Law Implemented:
SDCL
		46A-1-60.1 to
		46A-1-60.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:08 - State water pollution control revolving fund program › Section 74:05:08:18 - Assistance agreement interest rates

Current through Register Vol. 51, page 10, July 15, 2024
The board may set interest rates at any board meeting if the proposed
	 action is included on the agenda posted for the meeting. The board shall set
	 the interest rates based upon the following criteria:
(1) Current market rates;
(2) Rates secured on state issued matching
  funds; and
(3) Current demand for
  program funds.
The interest rate on the loan is 0 percent if the board determines to
	 award a 100 percent principal forgiveness loan.
General Authority:
SDCL
		46A-1-60.3.
Law Implemented:
SDCL
		46A-1-60.1 to
		46A-1-60.3.
Notice of meetings of public bodies, SDCL
		1-25-1.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:08 - State water pollution control revolving fund program › Section 74:05:08:21 - Disbursement of funds

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall approve all disbursements to the
	 recipient.
General Authority:
SDCL
		46A-1-60.3.
Law Implemented:
SDCL
		46A-1-60.1 to
		46A-1-60.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:08 - State water pollution control revolving fund program › Section 74:05:08:22 - Accounting methods and audits

Current through Register Vol. 51, page 10, July 15, 2024
Each recipient must maintain accounting records in accordance with
	 applicable financial and reporting standards as set forth in the assistance
	 agreement. Each recipient must agree to have audits performed in accordance
	 with applicable state and federal law, as set forth in the assistance
	 agreement. Each loan recipient must retain all accounting records, books, and
	 supporting material for a minimum of three years after completion of the
	 project. Each grant recipient must retain all accounting records, books, and
	 supporting material for a minimum of three years after the end of the
	 assistance agreement. These accounting records must be made available for
	 inspection by state and federal representatives upon request.
General Authority:
SDCL
		46A-1-60.3.
Law Implemented:
SDCL
		46A-1-60.1 to
		46A-1-60.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:08 - State water pollution control revolving fund program › Section 74:05:08:23 and 74:05:08:24 - Loans to communities participating in the MWPP program.Repealed

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:10 - Solid waste management program › Section 74:05:10:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words defined in SDCL
	 34A-6-1.3,
	 46A-1-3, and
	 46A-2-4 have the same meaning
	 when used in this chapter unless they are defined otherwise in this section.
	 Terms used in this chapter mean:
(1)
  "Applicant," the entity or individual applying for a grant or loan to conduct a
  solid waste management project;
(2)
  "Award," grant or loan funds awarded by the board for a solid waste management
  project pursuant to SDCL
  46A-1-83 and
  46A-1-84;
(3) "Board," the South Dakota Board of Water
  and Natural Resources acting as that board or as the South Dakota Conservancy
  District;
(4) "Construction,"
  actual installation of the project, including preparation of final plans,
  designs, specifications, and equipment purchases;
(5) "Department," the South Dakota Department
  of Environment and Natural Resources;
(6) "Designated agent," a person or entity
  specifically designated by resolution of the board;
(7) "Incineration facilities," facilities
  using one or more furnaces to burn solid waste to reduce the volume of the
  waste by removing its combustible material;
(8) "In-kind contributions," work or
  materials provided without a cash outlay that can be used as local
  match;
(9) "Nonprofit corporation,"
  a nonprofit corporation formed pursuant to SDCL chapter 47-22;
(10) "Proposal," an application for a solid
  waste management program award for the purpose of planning, constructing, or
  operating a solid waste management project or for the purchasing of
  equipment;
(11) "Recipient," the
  entity or individual receiving grant or loan funds;
(12) "Recycling," as defined in SDCL
  34A-6-61(16);
(13) "Secretary," the secretary of the South
  Dakota Department of Environment and Natural Resources or a designated
  representative of the secretary.
General Authority:
SDCL
		46A-1-84.
Law Implemented:
SDCL
		46A-1-83.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:10 - Solid waste management program › Section 74:05:10:01.01 - Project defined

Current through Register Vol. 51, page 10, July 15, 2024
A project is defined as all activities, including education and
	 research, or appurtenances acquired, purchased, constructed, improved, or
	 operated to facilitate solid waste source reduction, recycling, reuse, use for
	 energy production, or land disposal, including closure, or the establishment of
	 regionally managed revolving loan fund programs by eligible planning agencies.
	 Not included with energy production are incineration
	 facilities.
General Authority:
SDCL
		46A-1-84.
Law Implemented:
SDCL
		46A-1-82,
		46A-1-83.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:10 - Solid waste management program › Section 74:05:10:02 - Eligibility

Current through Register Vol. 51, page 10, July 15, 2024
An applicant is eligible for funding if the proposal meets the
	 following guidelines:
(1) The proposal
  shows potential cost savings, public health or environmental benefits, and how
  it will advance the state solid waste management policy goals and hierarchy
  established in SDCL
  34A-6-1.2;
(2) The proposal is submitted by an
  individual, partnership, limited liability company, corporation, cooperative,
  municipality, county, regional or state-wide planning agency, federally
  recognized Indian tribe, special purpose district that has the authority to
  construct or operate a solid waste, waste tire, or recycling facility, or a
  state or public agency working in cooperation with an eligible project sponsor;
  and
(3) The proposal is a complete
  application as specified in §
									74:05:10:04.
General Authority:
SDCL
		46A-1-84.
Law Implemented:
SDCL
		46A-1-82 to
		46A-1-84.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:10 - Solid waste management program › Section 74:05:10:04 - Applications

Current through Register Vol. 51, page 10, July 15, 2024
Applicants shall submit an application to the board on forms obtained
	 from the department. The applicant may arrange with the department for a
	 preapplication conference to provide for orderly application preparation. An
	 application will not be considered by the board until the secretary has
	 determined that the application is complete. A complete application must
	 include the following items, as applicable to the proposal:
(1) Application form;
(2) Project narrative;
(3) Current year budget;
(4) Previous two years of financial
  statements;
(5) Amortization
  schedules for all debt pledged to proposed security;
(6) Local government resolution approving
  signatory of application, agreements, pay requests;
(7) Local government resolution approving
  current fee structure;
(8)
  Cooperative agreements with units of local government;
(9) Letters of financial commitment from
  other federal, state, or local agencies or private resources; and
(10) Business plan.
General Authority:
SDCL
		46A-1-84.
Law Implemented:
SDCL
		46A-1-82 to
		46A-1-84.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:10 - Solid waste management program › Section 74:05:10:05 - Authority and responsibility

Current through Register Vol. 51, page 10, July 15, 2024
Each applicant must demonstrate to the board that it has the legal
	 authority and technical and financial capability necessary to plan, construct,
	 operate, repair, and maintain the proposed solid waste management projects and
	 to obtain and administer the proposed funding. The applicant is responsible for
	 the project and shall provide for continued availability of its services even
	 though the project may be operated, maintained, or managed by a third party
	 under contract or management agreement.
General Authority:
SDCL
		46A-1-84.
Law Implemented:
SDCL
		46A-1-82 to
		46A-1-84.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:10 - Solid waste management program › Section 74:05:10:07 - Application completeness determination

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall review an application for completeness in
	 accordance with the guidelines in §
									74:05:10:04. The secretary shall
	 notify the applicant within 30 days after receipt of the application that the
	 application is complete or incomplete. If the application is incomplete, the
	 secretary shall identify in the notice those items required to complete the
	 application.
The applicant has 20 days to provide additional information intended to
	 complete an application. The secretary shall notify the applicant whether or
	 not the resubmission or additional information is satisfactory to complete the
	 application.
General Authority:
SDCL
		46A-1-84.
Law Implemented:
SDCL
		46A-1-82 to
		46A-1-84.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:10 - Solid waste management program › Section 74:05:10:08 - Review by secretary

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall review a complete application for the ability of
	 the applicant to follow the solid waste management policies, goals, and
	 hierarchy established in SDCL
	 34A-6-1.2 and the factors for
	 decision making as identified in §
									74:05:10:10. The secretary shall
	 conduct an overall review of the applicant's financial status. This review may
	 include an analysis of all assets and liabilities and an analysis of the
	 applicant's financial capability as documented by the most recent audit or
	 financial statement. The secretary shall recommend approval or denial of
	 financial assistance. The secretary's recommendation for approval of financial
	 assistance may include awarding any combination of a grant, loan, or partial
	 funding from this program or in combination with other
	 programs.
General Authority:
SDCL
		46A-1-84.
Law Implemented:
SDCL
		46A-1-83,
		46A-1-84.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:10 - Solid waste management program › Section 74:05:10:09 - Application cycles

Current through Register Vol. 51, page 10, July 15, 2024
Applications are due to the department on the first day of January,
	 April, July, and October. Applications must be postmarked or delivered to the
	 department no later than the day on which the applications are
	 due.
General Authority:
SDCL
		46A-1-84.
Law Implemented:
SDCL
		34A-6-85,
		46A-1-82 to
		46A-1-84.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:10 - Solid waste management program › Section 74:05:10:10 - Factors for decision making

Current through Register Vol. 51, page 10, July 15, 2024
In exercising its discretion in determining whether to award funding to
	 a proposal, the board may consider the factors described in this section.
	 Applicants shall compete against other applicants requesting funds and the
	 board shall award funding based on the degree to which each project satisfies
	 the statutory guidelines found in SDCL
	 46A-1-84. Neither satisfying the
	 statutory guidelines nor satisfying the statutory guidelines to a higher degree
	 than other projects requires the board to fund a project. The decision-making
	 factors in alphabetical order are as follows:
(1) Area to be served;
(2) Available program funds;
(3) Business plan review;
(4) Compliance with applicable permits and
  regulations;
(5) Debt service
  capability;
(6) Economic
  impact;
(7) Local
  contribution;
(8) Other funding
  sources;
(9) Rates;
(10) Readiness to proceed;
(11) Regionalization or consolidation of
  facilities; and
(12) Technical
  feasibility.
General Authority:
SDCL
		46A-1-84.
Law Implemented:
SDCL
		34A-6-85,
		46A-1-82 to
		46A-1-84.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:10 - Solid waste management program › Section 74:05:10:11 - Decision on applications by the board

Current through Register Vol. 51, page 10, July 15, 2024
Within 120 days after applications are presented to the board, the
	 board shall either disapprove the application or by resolution approve the
	 application as requested or as modified by the board. The board may award less
	 than the amount requested in the application or may deny assistance. If the
	 applicant is eligible for assistance from more than one program, the board may
	 approve financial assistance under any of the programs or under a combination
	 of more than one program. If financial assistance is approved from more than
	 one program, the amount of assistance approved may not exceed the aggregate
	 amount of funding requested. In determining any financial assistance, the board
	 may consider the factors in §
									74:05:10:10.
The department shall notify each applicant in writing of the board's
	 decision on the application.
General Authority:
SDCL
		46A-1-84.
Law Implemented:
SDCL
		46A-1-83,
		46A-1-84.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:10 - Solid waste management program › Section 74:05:10:12 - Terms and conditions of awards

Current through Register Vol. 51, page 10, July 15, 2024
The board shall establish in the funding agreement provided for in
	 §
									74:05:10:15 the terms and
	 conditions of awards made through the solid waste management
	 program.
General Authority:
SDCL
		46A-1-67,
		46A-1-84.
Law Implemented:
SDCL
		46A-1-83,
		46A-1-84.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:10 - Solid waste management program › Section 74:05:10:12.01 - Loan interest rates, parity positions, and revenue requirements

Current through Register Vol. 51, page 10, July 15, 2024
The board shall establish interest rates for the solid waste management
	 program. The board may adjust the interest rates at any meeting if the proposed
	 action is included on the agenda posted for the meeting. A loan must be prior
	 to or at parity with other loans having the same security unless the board
	 approves otherwise. The applicant must show evidence that revenues are
	 sufficient to support the proposed project considered for
	 funding.
General Authority:
SDCL
		46A-1-67,
		46A-1-84.
Law Implemented:
SDCL
		46A-1-84.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:10 - Solid waste management program › Section 74:05:10:12.02 - Interest rates

Current through Register Vol. 51, page 10, July 15, 2024
The board shall set the interest rates based upon:
(1) Current market rates;
(2) Current rate of alternative federal or
  state programs; and
(3) Current
  demand for program funds.
General Authority:
SDCL
		46A-1-67,
		46A-1-84.
Law Implemented:
SDCL
		46A-1-84.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:10 - Solid waste management program › Section 74:05:10:13 - Eligible use of funds

Current through Register Vol. 51, page 10, July 15, 2024
Funds may be awarded for proposals approved by the board for the
	 planning, construction, operation of solid waste management projects, equipment
	 purchases, research, waste tire shredding and transportation, or educational
	 activities and for purposes identified in the application. Project activities
	 identified as eligible uses include:
(1) To improve, restore, enlarge, extend, or
  construct projects that are consistent with the state solid waste management
  hierarchy detailed in SDCL
  34A-6-1.2;
(2) To construct, acquire, or lease buildings
  and works essential to the operation or protection of the project;
(3) To construct or relocate roads, bridges,
  utilities, fences, and other public or private improvements related to the
  operation or construction of the project;
(4) For the following if they are necessary
  for the construction, operation, or implementation of a project funded under
  subdivisions (1), (2), or (3) of this section:
(a) Fees, services, and costs such as legal,
  engineering, environmental, architectural, fiscal advisory, recording,
  planning, management, and for establishing or acquiring rights;
(b) The purchase of an interest in or access
  to existing facilities when the purchase is necessary to provide efficient
  service and an agreement between buyer and seller is reached;
(c) The acquisition of interest in land,
  material rights, leases, permits, rights-of-way, and other evidence of land or
  material control which are necessary for the development of the
  project;
(d) Purchase or lease of
  equipment necessary to install, maintain, extend, protect, operate, or use
  solid waste management facilities;
(e) Refinancing debts incurred by or on
  behalf of an eligible project sponsor if both of the following conditions
  exist:
(i) The debts were incurred for the
  facility, any part of the facility, or a service being refinanced;
  and
(ii) Arrangements cannot be
  made with the creditors to extend or modify the terms of the debt so that the
  project can remain fiscally sound;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:10 - Solid waste management program › Section 74:05:10:22 - Disbursement of funds

Current through Register Vol. 51, page 10, July 15, 2024
The department shall disburse funds as costs are incurred. Total
	 payments provided may not exceed the percentage provided in the award
	 agreement.
General Authority:
SDCL
		46A-1-84.
Law Implemented:
SDCL
		46A-1-82 to
		46A-1-84.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:10 - Solid waste management program › Section 74:05:10:23 - Recipient's accounting methods

Current through Register Vol. 51, page 10, July 15, 2024
Each recipient shall maintain accounting records in accordance with
	 applicable financial and reporting standards as set forth in the funding
	 agreement. Each recipient shall retain all records, books, and supporting
	 material for a minimum of three years after completion of the project. This
	 material shall be made available to the board or the secretary upon
	 request.
General Authority:
SDCL
		46A-1-84.
Law Implemented:
SDCL
		46A-1-82 to
		46A-1-84.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:10 - Solid waste management program › Section 74:05:10:25 - Project monitoring

Current through Register Vol. 51, page 10, July 15, 2024
The board or its designated agent shall reach any needed agreement with
	 the sponsoring entity and the representatives of other sources of funds
	 concerning the sponsoring entity's responsibilities for handling various
	 aspects of the design and construction of the facility.
The department may monitor project design and construction through
	 inspections and may review project inspection reports, change orders,
	 construction payment receipts, and other invoices such as payments for
	 engineering and legal fees and other materials. If discrepancies occur, the
	 board or its designated agent may withhold payments until the discrepancies are
	 considered corrected.
General Authority:
SDCL
		46A-1-84.
Law Implemented:
SDCL
		46A-1-84.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:10 - Solid waste management program › Section 74:05:10:26 - Time restrictions for expenditures

Current through Register Vol. 51, page 10, July 15, 2024
The recipient shall expend the funds awarded to it within three years
	 from the date the board awarded financial assistance.
General Authority:
SDCL
		46A-1-84.
Law Implemented:
SDCL
		46A-1-61,
		46A-1-83,
		46A-1-84.
Funding agreements, §
											74:05:10:15.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:10 - Solid waste management program › Section 74:05:10:29 - Security

Current through Register Vol. 51, page 10, July 15, 2024
The funding agreement for a loan must contain specific requirements to
	 secure the loan. A loan may be secured by one or more of the following:
(1) Full faith and credit of the
  borrower;
(2) Pledges of taxes or
  assessments;
(3) Pledges of
  facility revenue;
(4) Liens on the
  interest of the applicant in all real and personal property, easements,
  rights-of-way, water rights, purchase contracts, and similar property rights,
  including leasehold interests, used in connection with the project, whether
  owned at the time the loan is approved or acquired with loan funds;
  or
(5) Guarantees.
For loans secured by project revenues, a debt coverage ratio, which is
	 a comparative statistic showing the relationship between the applicant's debt
	 and the security pledged toward repayment, of at least 100 percent must be
	 demonstrated in all funding agreements.
General Authority:
SDCL
		46A-1-84.
Law Implemented:
SDCL
		46A-1-61,
		46A-1-83.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:10 - Solid waste management program › Section 74:05:10:31 - Lease agreement

Current through Register Vol. 51, page 10, July 15, 2024
If the right of use or control of real property not owned by the
	 sponsoring entity is essential to the operation of the project during the life
	 of the funding agreement, this right must be evidenced by written agreements
	 between the owner or owners of the property and the sponsoring entity or by a
	 final judgment entered by the circuit court in a condemnation action. Lease
	 agreements may not provide for restricted use of the project or contain
	 forfeiture or cancellation clauses except upon mutual agreement of all the
	 parties to the lease and written approval of the board or its designated agent.
	 Lease agreements must be written for a term at least equal to the normal
	 anticipated life of the project or facility and must be approved by the board
	 or its designated agent.
General Authority:
SDCL
		46A-1-84.
Law Implemented:
SDCL
		46A-1-61,
		46A-1-82,
		46A-1-83.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:10 - Solid waste management program › Section 74:05:10:32

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		46A-1-84.
Law Implemented:
SDCL
		46A-1-61,
		46A-1-83.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:11 - Drinking water state revolving fund program › Section 74:05:11:02 - Eligible systems

Current through Register Vol. 51, page 10, July 15, 2024
A facility is eligible for funding under the DWSRF loan program,
	 established in SDCL
	 46A-1-60.1, if the facility is
	 included in the state water plan before the submittal of the application, and
	 if the facility is on the intended use plan and the project priority list, and
	 if the facility is sponsored by one of the following entities:
(1) Special purpose governmental entities,
  including water user districts organized under SDCL chapter 46A-9, watershed
  districts organized under SDCL chapter 46A-14, water project districts
  organized under SDCL chapter 46A-18, sanitary districts organized under SDCL
  chapter 34A-5, and other lawful special purpose governmental entities that may
  construct drinking water works;
(2)
  State agencies, instrumentalities, or political subdivisions within the state,
  such as municipalities or counties;
(3) Federally recognized Indian tribes;
  or
(4) Nonprofit corporations and
  cooperatives.
(5) All other public
  water systems that will receive loan proceeds from the Drinking Water State
  Revolving Fund Emerging Contaminants Funding or the Drinking Water State
  Revolving Fund Lead Service Line Replacement Funding made available through
  Public Law 117-58.
A facility is eligible for an interim loan under the DWSRF program if
	 the project sponsor provides evidence, in a form satisfactory to the board,
	 that an agency or instrumentality of the United States government has committed
	 to make a federal grant or loan for the project, and the proceeds of the grant
	 or loan will be assigned to repay the interim loan.
An applicant seeking funding solely for the expenses associated with
	 the design of a facility and preparation of plans and specifications may
	 receive funding without the facility being included in the state water
	 facilities plan.
A facility that has been funded by the board is deemed to remain in the
	 state water facilities plan for purposes of a request by the sponsor for
	 additional funding for the facility.
General Authority:
SDCL
		46A-1-60.1 to
		46A-1-60.3.
Law Implemented:
SDCL
		46A-1-60.1 to
		46A-1-60.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:11 - Drinking water state revolving fund program › Section 74:05:11:03 - Annual public hearing on proposed intended use plan

Current through Register Vol. 51, page 10, July 15, 2024
Preparation of the intended use plan begins after the state water plan
	 application deadline of October 1 of each year. After completion of the
	 proposed intended use plan by the secretary, the board shall conduct a hearing
	 to receive oral and written comments from the public on the proposed intended
	 use plan. The secretary shall give at least 20 calendar days' notice of the
	 public hearing in at least three newspapers of general circulation in the
	 state.
The board shall accept written comments during this period. After all
	 comments are received and within 30 days after the hearing, the board shall
	 compile and adopt the intended use plan.
General Authority:
SDCL
		46A-1-60.1 to
		46A-1-60.3.
Law Implemented:
SDCL
		46A-1-60.1 to
		46A-1-60.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:11 - Drinking water state revolving fund program › Section 74:05:11:04 - Amendment of intended use plan

Current through Register Vol. 51, page 10, July 15, 2024
The board may amend the intended use plan at any board meeting if the
	 proposed action is included on the agenda posted for the
	 meeting.
General Authority:
SDCL
		46A-1-60.1 to
		46A-1-60.3.
Law Implemented:
SDCL
		46A-1-60.1 to
		46A-1-60.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:11 - Drinking water state revolving fund program › Section 74:05:11:05 - Project priority determined by points

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall award points according to §
									74:05:11:06 to determine the
	 priority of construction needs for a drinking water works project. The priority
	 list shall be part of the intended use plan.
General Authority:
SDCL
		46A-1-60.3.
Law Implemented:
SDCL
		46A-1-60.1 to
		46A-1-60.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:11 - Drinking water state revolving fund program › Section 74:05:11:06.01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		46A-1-60.3.
Law Implemented:
SDCL
		46A-1-60.1 to
		46A-1-60.3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:11 - Drinking water state revolving fund program › Section 74:05:11:07 - Priority list bypass procedures

Current through Register Vol. 51, page 10, July 15, 2024
Projects will be funded based on their project priority rating.
	 Projects with the highest priority rating that have submitted a complete
	 application and demonstrated adequate financial, managerial, and technical
	 capacity to receive financial assistance shall be funded before lower-rated
	 projects. Projects on the priority list may be bypassed if they have not
	 demonstrated readiness to proceed by submitting an application, and the next
	 highest priority project which has submitted an application shall be funded.
	 The department shall exert reasonable efforts to ensure that the higher-rated
	 projects on the priority list are funded.
General Authority:
SDCL
		46A-1-60.1 to
		46A-1-60.3.
Law Implemented:
SDCL
		46A-1-60.1 to
		46A-1-60.3.