reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:13 - Bottled Drinking Water › Section 74:04:13:01 - Bottled Water Quality and Labeling Requirements

Current through Register Vol. 51, page 10, July 15, 2024
Bottled water quality standards and labeling requirements found in
	 Title 21 C.F.R. Subpart B
	 §
										165.110 are hereby incorporated by
	 reference.
General Authority:
SDCL
		39-1-4,
		39-1-5
Law Implemented:
SDCL
		39-1-4,
		39-1-5
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:13 - Bottled Drinking Water › Section 74:04:13:02 - Processing and Bottling of Drinking Water

Current through Register Vol. 51, page 10, July 15, 2024
Processing procedures and bottling of drinking water found in Title 21
	 C.F.R. Part 129 are hereby incorporated by reference.
General Authority:
SDCL
		39-1-4,
		39-1-5
Law Implemented:
SDCL
		39-1-4,
		39-1-5
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:13 - Bottled Drinking Water › Section 74:04:13:03 - Plants Subject to Regulation

Current through Register Vol. 51, page 10, July 15, 2024
This chapter only applies to plants which process bottled water in
	 South Dakota.
General Authority:
SDCL
		39-1-4,
		39-1-5
Law Implemented:
SDCL
		39-1-4,
		39-1-5
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:13 - Bottled Drinking Water › Section 74:04:13:04 - Reporting Requirements

Current through Register Vol. 51, page 10, July 15, 2024
Bottled water facilities will follow compliance procedures and maintain
	 records as per Title 21 C.F.R. Part 129.3 (g) and (h) . If the bottled drinking
	 water does not meet the quality standard as established in
	 Title 21 C.F.R. Subpart B
	 Section 165.110 (b) the
	 department of environment and natural resources will be notified by the bottler
	 within 24 hours of receiving the laboratory results.
General Authority:
SDCL
		39-1-4,
		39-1-5
Law Implemented:
SDCL
		39-1-4,
		39-1-5
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:13 - Bottled Drinking Water › Section 74:04:13:05 - Inspection and Enforcement

Current through Register Vol. 51, page 10, July 15, 2024
Bottled water facilities shall be periodically inspected by the
	 department of environment and natural resources. Inspections will be arranged a
	 minimum of 24 hours in advance and will be conducted during normal business
	 hours. Enforcement of bottled drinking water regulations shall conform to
	 34A-3A-28.
General Authority:
SDCL
		39-1-4,
		39-1-5
Law Implemented:
SDCL
		39-1-4,
		39-1-5
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:05 - Director areas in water development districts › Section 74:05:05:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words defined in SDCL
	 46A-2-4 have the same meaning
	 when used in this chapter.
General Authority:
SDCL
		46A-3C-6.
Law Implemented:
SDCL
		46A-3B-1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:05 - Director areas in water development districts › Section 74:05:05:05 - Voter eligibility

Current through Register Vol. 51, page 10, July 15, 2024
Only registered voters residing within a director area may vote in
	 water development district elections.
General Authority:
SDCL
		46A-3C-6.
Law Implemented:
SDCL
		46A-3B-1,
		46A-3B-3,
		46A-3C-6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:05 - Director areas in water development districts › Section 74:05:05:11 - Nominating petition forms

Current through Register Vol. 51, page 10, July 15, 2024
Petitions for the nomination of water development district directors
	 for the initial election shall be on forms provided by the Department of
	 Environment and Natural Resources.
General Authority:
SDCL
		46A-3C-6.
Law Implemented:
SDCL
		46A-3B-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:05 - Director areas in water development districts › Section 74:05:05:14 - Election precincts, polling places, and officials

Current through Register Vol. 51, page 10, July 15, 2024
The election precincts and polling places for purposes of the initial
	 election of water development district directors are those established,
	 designated, and appointed by the board of county commissioners or by county
	 auditors for purposes of the general election. The county auditors may appoint
	 from one to five separate water development district precinct election
	 officials from the master list of voters registered in the precinct whenever
	 the county auditors determine the appointments to be
	 necessary.
General Authority:
SDCL
		46A-3C-6.
Law Implemented:
SDCL
		46A-3B-1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:05 - Director areas in water development districts › Section 74:05:05:15 - Publication of notice

Current through Register Vol. 51, page 10, July 15, 2024
Notice of vacancy for the initial election of water development
	 district directors shall be published pursuant to SDCL
	 46A-3B-6 in a newspaper selected
	 by the Department of Environment and Natural Resources in each affected county.
	 The newspaper shall be an official newspaper of the county designated pursuant
	 to SDCL 7-18-3.
General Authority:
SDCL
		46A-3C-6.
Law Implemented:
SDCL
		46A-3B-1,
		46A-3B-6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:05 - Director areas in water development districts › Section 74:05:05:17 - Central Plains water development district director areas

Current through Register Vol. 51, page 10, July 15, 2024
The director areas of the Central Plains water development district are
	 as follows:
(1) Director 1:
  representing Pierre Voting Districts 26, 32, 33, and voting district 28 north
  of Capitol Avenue and east of Highland Avenue;
(2) Director 2: representing Pierre Voting
  Districts 29, 30, and 31;
(3)
  Director 3: representing all of Hyde County; all of Sully County; the cities of
  Orient, Rockham, and Seneca in Faulk County; Arcade, Byrant, Ellisville,
  Hillsdale, Irving, Orient, and Zell townships in Faulk County; and Southwest
  Faulk and West Potter unorganized territories in Faulk County;
(4) Director 4: representing the cities of
  Blunt and Harrold in Hughes County; Raber township in Hughes County; and Crow
  Creek, West Hughes North, West Hughes West, North Hughes and West Hughes
  Southeast Unorganized Territories in Hughes County;
(5) Director 5: representing the cities of
  Faulkton, Chelsea, Cresbard, and Onaka in Faulk County; Centerville, Clark,
  Devoe, Emerson, Enterprise, Fairview, Freedom, Lafoon, Myron, O'Neil, Pioneer,
  Saratoga, Sherman, Tamworth, Union, and Wesley and townships in Faulk County;
  Pulaski unorganized territory in Falk County; the cities of Gettysburg, Hoven,
  Lebanon, and Tolstoy in Potter County; and Central Potter and East Potter
  unorganized territories in Potter County.
(6) Director 6: representing Pierre voting
  districts 21, 23, and voting district 28 west of Highland Avenue; and census
  blocks 4042 and 4043;
(7) Director
  7: representing Pierre voting districts 24 and 34.
General Authority:
SDCL
		46A-3C-6.
Law Implemented:
SDCL
		46A-3B-1 to
		46A-3B-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:05 - Director areas in water development districts › Section 74:05:05:18 - South Central water development district director areas

Current through Register Vol. 51, page 10, July 15, 2024
The director areas of the South Central water development district are
	 as follows:
(1) Director 1:
  representing all of Gregory County; Iona township in Lyman County; Black Dog
  Unorganized Territory in Lyman County; the city of Geddes in Charles Mix
  County; and Jackson, Rhoda, and Signal townships in Charles Mix
  County;
(2) Director 2:
  representing the cities of Chamberlain and Pukwana in Brule County;
  Chamberlain, Pukwana, Brule, Red Lake, Ola, Richland, America, Smith, and Eagle
  townships in Brule County; Grandview Unorganized Territory in Brule County;
  LaRoche, Lake George, Forbes, and Hamilton townships in Charles Mix County; and
  Castalia Unorganized Territory in Charles Mix County;
(3) Director 3: representing all of Buffalo
  County; the city of Kimball in Brule County; West Point, Union, Lyon Plummer,
  Wald ro, Willow Lake, Kimball, Plainfield, Wilbur, Torrey Lake, Pleasant Grove,
  Highland, and Cleveland townships in Brule County; the city of White Lake in
  Aurora County; and Patten, Lake, White Lake, Eureka, Gales, Crystal Lake,
  Washington, Center, and Truro townships in Aurora County;
(4) Director 4: representing the cities of
  Lake Andes, Wagner, Ravinia, and Pickstown in Charles Mix County; and White
  Swan, Highland, Plain Center, and Lawrence townships in Charles Mix
  County;
(5) Director 5:
  representing the cities of Avon, Scotland, and Tabor in Bon Homme County;
  Northeast, Northwest, and Southeast Unorganized Territories in Bon Homme
  County; the city of Delmont in Douglas County; Belmont, East Choteau, Lincoln,
  Valley, and Independence townships in Douglas County; and Bryan, Choteau Creek,
  and Kennedy townships in Charles Mix County;
(6) Director 6: representing the city of
  Dante in Charles Mix County; Lone Tree, Ree, Rouse, and Wahehe townships in
  Charles Mix County; the cities of Springfield and Tyndall in Bon Homme County;
  and Southwest Unorganized Territory in Bon Homme County;
(7) Director 7: representing the city of
  Platte in Charles Mix County; Moore, Howard, Darlington, Goose Lake, and Platte
  townships in Charles Mix County; Carroll unorganized territory in Charles Mix
  County; the cities of Armour and Corsica in Douglas County; and Chester, Clark,
  Garfield, Grandview, Holland, Iowa, Joubert, Walnut Grove, and Washington
  Townships in Douglas County.
General Authority:
SDCL
		46A-3C-6.
Law Implemented:
SDCL
		46A-3B-1 to
		46A-3B-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:05 - Director areas in water development districts › Section 74:05:05:19 - West River water development district director areas

Current through Register Vol. 51, page 10, July 15, 2024
The director areas of the West River water development district are as
	 follows:
(1) Director 1: representing
  all of Haakon County; Rainy Creek/Cheyenne, Sunnyside, Ash, Cedar Butte, Huron,
  and Peno townships in Pennington County; that portion of Shyne township east of
  the Cheyenne River; and Dalzell Canyon and Northeast Pennington Unorganized
  Territories in Pennington County;
(2) Director 2: representing the cities of
  Kadoka, Cottonwood, and Belvidere in Jackson County; Grandview II, Wall,
  Jewett, and Weta townships in Jackson County; the cities of Quinn and Wall in
  Pennington County; Fairview, Lake Creek, Lake Flat, Wasta, Lake Hill, and Quinn
  townships in Pennington County; that portion of Wasta township west of the
  Cheyenne River in Pennington County; Northeast Jackson Unorganized Territory in
  Jackson County; and that portion of Northwest Jackson unorganized territory
  within the West River Water Development District boundaries;
(3) Director 3: representing the cities of
  White River and Wood in Mellette County; Blackpipe, Butte, Fairview, Moshe,
  Norris, Ring Thunder, Rosebud, and Surprise Valley townships in Mellette
  County; Central Mellette unorganized territory in Mellette County; the city of
  Murdo in Jones County; Mullen and Buffalo townships in Jones County; and
  Westover Unorganized Territory in Jones County;
(4) Director 4: representing the city of
  Draper in Jones County; Bailey and Oacoma townships in Lyman County; Mussman,
  Draper, Dunkel, Kolls, Virgil, Okaton, Scovil, Williams Creek, Zickrick and
  South Creek townships in Jones County; Rich Valley, Central Jones, Grandview
  and North Jones Unorganized Territories in Jones County; the city of Oacoma in
  Lyman County; Lyman County voting districts 12 and 13; those portions of Lyman
  County voting districts 4 and 9 south of census tract 9401 excluding the area
  east of SD Highway 273 and north of Interstate 90; those portions of Rex
  township south of Interstate 90; East Lyman unorganized territory excluding the
  area bound west or north by SD Highway 47 on the south by Interstate 90; and
  Bad Nation, Cody, and Riverside townships in Mellette County;
(5) Director 5: representing those portions
  of Lyman County not included in director area 4 and within the West River Water
  Development District boundaries.
General Authority:
SDCL
		46A-3C-6.
Law Implemented:
SDCL
		46A-3B-1,
		46A-3B-2,
		46A-3B-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:05 - Director areas in water development districts › Section 74:05:05:20 - East Dakota water development district director areas

Current through Register Vol. 51, page 10, July 15, 2024
The director areas of the East Dakota water development district are as
	 follows:
(1) Director 1: representing
  all of Codington and Grant Counties;
(2) Director 2: representing all of Deuel,
  Hamlin, Lake, and Kingsbury Counties; the cities of Vilas, Howard, and Canova
  in Miner County; Belleview, Vermillion, Howard, Henden, Grafton, Clearwater,
  Adams, and Canova townships in Miner County; the cities of Arlington, Bruce,
  Volga, White, Bushnell, and Sinai in Brookings County; and Afton, Alton, Argo,
  Aurora, Bangor, Brookings, Eureka, Lake Hendricks, Lake Sinai, Laketon, Oak
  Lake, Oakwood, Oslo, Preston, Richland, Sherman, Sterling, Volga, and Winsor
  townships in Brookings County;
(3)
  Director 3: representing the cities of Brookings, Elkton, and Aurora in
  Brookings County; Elkton, Medary, Parnell, and Trenton townships in Brookings
  County; the city of Dell Rapids in Minnehaha County; Burk, Dell Rapids,
  Highland, and Logan townships in Minnehaha County; and all of Moody
  County;
(4) Director 4:
  representing the cities of Baltic, Colton, Garretson, Hartford, Humboldt,
  Valley Springs and Sherman in Minnehaha County; Buffalo, Clear Lake, Edison,
  Grand Meadow, Hartford, Humboldt, Lyons, Palisade, Red Rock, Sverdrup, Taopi,
  Valley Springs, Wall Lake, and Wellington townships in Minnehaha County; and
  voting districts 4-11, VP 02, VP 03, VP 05, VP 15, and VP 16 in Minnehaha
  County;
(5) Director 5:
  representing the Sioux Falls voting districts 3-5, 3-12, 3-14, 4-3, 4-4, 4-5,
  4-6, 5-15, 5-18, 5-22, and 5-23; and voting district VP 04 in Minnehaha
  County;
(6) Director 6:
  representing voting district VP 06 in Minnehaha County; and Sioux Falls voting
  districts 1-5, 1-6, 1-9, 1-10, 1-17, 3-9, 3-10, 3-11, 3-13, 3-15, 3-16, and
  3-17;
(7) Director 7: representing
  the city of Sioux Falls in Lincoln County; and Sioux Falls voting district
  2-9;
(8) Director 8: representing
  the Sioux Falls voting districts 1-4, 1-19, 2-1, 3-1 4-2, 5-1, 5-2, 5-3, 5-4,
  5-6, 5-7, 5-8, 5-9, 5-10, 5-12, 5-13, 5-14, 5-17, 5-19, 5-20, and
  5-21;
(9) Director 9: representing
  the Sioux Falls voting districts 2-2, 2-3, 2-6, 2-8, 2-14, 4-7, 4-8, 4-9, 4-10,
  4-12, 4-13, and 4-15.
General Authority:
SDCL
		46A-3C-6.
Law Implemented:
SDCL
		46A-3B-1 to
		46A-3B-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:05 - Director areas in water development districts › Section 74:05:05:21 - West Dakota water development district director areas

Current through Register Vol. 51, page 10, July 15, 2024
The director areas of the West Dakota water development district are as
	 follows:
(1) Director 1: representing
  Pennington County precincts 4-1, 5-1, 5-3, and 5-5;
(2) Director 2: representing Pennington
  County precincts 1-1, 3-5, DT, HR, JS, and RK; those portions of Pennington
  County precinct WP not contained within precincts 3-4 and 3-5; those portions
  of Pennington County precinct VF within 1-1; and census tract 11004 block
  1016;
(3) Director 3: representing
  Pennington County precincts 1-2, 1-5, 2-1, and 2-4;
(4) Director 4: representing Pennington
  County precincts CA, HC, KY, and LS; those portions of Pennington County
  precinct RV not included within director area 7; those portions of Pennington
  County precinct VF not within precinct 1-1; those portion of Pennington County
  precinct 1-6 within precinct CA; and census tract 10906 block 2014;
(5) Director 5: representing Pennington
  County precincts AW, BE, NU, WS west of the Cheyenne River, and VV;
(6) Director 6: representing Pennington
  County precincts 3-2, 3-4, 5-2, SR, and CL; those portions of Pennington County
  precinct WP that are adjacent to precincts 3-4 and 3-5; census tract 11300
  blocks 2027, 2035, 3025, 3026, and 4006; and census tract 11004 block
  3002;
(7) Director 7: representing
  Pennington County precincts 1-4, 2-2, 2-3, 2-5, and NH; those portions of
  Pennington County precinct RV that are within precinct and 2-3; census tract
  10906 blocks 1031 and 1032; census tract 10907 blocks 1043 and 1079; and census
  tract 10908 block 4009;
(8)
  Director 8: representing Pennington County precincts 4-2, 4-3, 4-4, and 4-5;
  and census tract 11400 blocks 2005 and 2034;
(9) Director 9: representing Pennington
  County precincts 1-3, 3-1, 3-3, and 5-4.
General Authority:
SDCL
		46A-3C-6.
Law Implemented:
SDCL
		46A-3B-1 to
		46A-3B-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:05 - Director areas in water development districts › Section 74:05:05:21.01 - Vermillion Basin water development district director areas

Current through Register Vol. 51, page 10, July 15, 2024
The director areas of the Vermillion Basin water development district
	 are as follows:
(1) Director 1:
  representing Vermillion precincts Central-C2, Northwest-NW1, and
  Northwest-NW2;
(2) Director 2:
  representing Vermillion precincts Northeast-NE1, Southeast-SE1, and
  Southeast-SE2; and those portions of Vermillion precinct Central-C1 east of
  Yale Street and North of Park Lane;
(3) Director 3: representing Vermillion
  precinct Northeast-NE2; those portions of Vermillion precinct Central-C1 not in
  director area 2; and Bethel, Fairview, Riverside, Garfield, Norway, Glenwood,
  Meckling, Pleasant Valley, Prairie Center, Spirit Mound, and Vermillion
  townships in Clay County;
(4)
  Director 4: representing the cities of Hurley, Davis, Irene, Viborg, and
  Centerville in Turner County ; Danville, Centerville, Salem, Spring Valley,
  Turner, Swan Lake, Norway, Hurley, and Middleton townships in Turner County;
  the cities of Irene and Wakonda in Clay County; and Star township in Clay
  County;
(5) Director 5:
  representing the cities of Chancellor, Dolton, Monroe, Parker, and Marion in
  Turner County ; and Childstown, Rosefield, Marion, Parker, Germantown, Dolton,
  Monroe, Brothersfield, and Home townships in Turner County.
General Authority:
SDCL
		46A-3C-6.
Law Implemented:
SDCL
		46A-3B-1 to
		46A-3B-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:05 - Director areas in water development districts › Section 74:05:05:22 - Run-off election precincts, polling places, and officials

Current through Register Vol. 51, page 10, July 15, 2024
The election precincts, polling places, and election precinct officials
	 for the purposes of a run-off election in a director area are those
	 established, designated, and appointed by the board of county commissioners or
	 by county auditors for purposes of the run-off election.
General Authority:
SDCL
		46A-3C-6.
Law Implemented:
SDCL
		46A-3B-1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:05 - Director areas in water development districts › Section 74:05:05:23 - Notice of run-off election

Current through Register Vol. 51, page 10, July 15, 2024
Notice of the run-off election for a director area shall be published
	 at least once in a newspaper selected by the Department of Environment and
	 Natural Resources in each affected county. The newspaper shall be an official
	 newspaper of the county designated pursuant to SDCL
	 7-18-3.
General Authority:
SDCL
		46A-3C-6.
Law Implemented:
SDCL
		46A-3B-1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:05 - Director areas in water development districts › Section 74:05:05:24 - Run-off ballots

Current through Register Vol. 51, page 10, July 15, 2024
The Board of Water and Natural Resources shall furnish ballots for the
	 run-off election to the respective county auditors in the same manner as for
	 the initial election.
General Authority:
SDCL
		46A-3C-6.
Law Implemented:
SDCL
		46A-3B-1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:07 - Consolidated water facilities construction program › Section 74:05:07:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words defined in SDCL
	 46A-1-3 and
	 46A-2-4 have the same meaning
	 when used in this chapter. In addition, terms used in this chapter mean:
(1) "Applicant," the sponsoring entity
  applying for funding to construct a water resources project;
(2) "Award," grant or loan funds awarded by
  the Board of Water and Natural Resources for a water resources project pursuant
  to SDCL 46A-1-61,
  46A-1-63.1, and
  46A-1-64;
(3) "Board," the Board of Water and Natural
  Resources acting as that board or as the South Dakota Conservancy
  District;
(4) "Construction,"
  actual installation of the facility including preparation of final plans,
  designs, and specifications;
(5)
  "Cooperative corporation," a cooperative corporation formed pursuant to SDCL
  chapter 47-15;
(6) "Department,"
  the South Dakota Department of Environment and Natural Resources;
(7) "Designated agent," a person or entity
  specially designated by resolution of the board;
(8) "Emergency," act of God; strike, lockout,
  or other labor disturbance; act of a public enemy; order or restraint of any
  kind of the government of the United States of America or of the State of South
  Dakota or any of its departments, agencies, or officials or any civil or
  military authority other than the applicant or a municipal utility board;
  storm; drought; flood; explosion; breakage or accident to machinery,
  transmission pipes, or canals; or any other cause or event not reasonably
  within the control of the applicant;
(9) "Facilities plan," an engineering
  evaluation that describes the need for the proposed supply, treatment, storage,
  or distribution project based on present conditions and future needs; evaluates
  the costs and adequacies of appropriate alternatives; identifies potential
  environmental impacts of the proposed project; and provides the selection and
  justification of a final alternative;
(10) "Facility," a water resources project as
  defined in SDCL
  46A-2-4(14);
(11) "In-kind contributions," work or
  materials provided without a cash outlay that can be used as local
  match;
(12) "Minimum established
  rates," rates charged to residential users of a wastewater or water system that
  meet the following criteria:
(a) Applicants
  that are either incorporated municipalities or sanitary districts must have
  established rates for the project that meet the following minimum rates:
(i) Drinking water - $30 per 5,000 gallons
  per month;
(ii) Wastewater - $30
  per 5,000 gallons per month;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:07 - Consolidated water facilities construction program › Section 74:05:07:02 - Eligibility

Current through Register Vol. 51, page 10, July 15, 2024
A facility is eligible for funding under the consolidated water
	 facilities construction program, established in SDCL
	 46A-1-63.1, if the facility is
	 included in the state water facilities plan, as required by SDCL
	 46A-1-63.1, prior to the
	 submittal of the application and if the facility is sponsored by one of the
	 following entities:
(1) Special
  purpose governmental entities, including irrigation districts organized under
  SDCL 46A-4, water user districts organized under SDCL 46A-9, watershed
  districts organized under SDCL 46A-14, water project districts organized under
  SDCL 46A-18, sanitary districts organized under SDCL 34A-5, conservation
  districts organized under SDCL 38-8, recycling and waste management districts
  organized under SDCL 34A-16, and other lawful special purpose governmental
  entities that may construct a water resources project;
(2) State agencies and general purpose
  governments such as municipalities, counties, or townships;
(3) Federally recognized Indian tribes;
  or
(4) Nonprofit corporations and
  cooperative corporations.
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-1-65.
Law Implemented:
SDCL
		46A-1-61,
		46A-1-63.1,
		46A-1-64.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:07 - Consolidated water facilities construction program › Section 74:05:07:03 - Application restrictions

Current through Register Vol. 51, page 10, July 15, 2024
Eligible entities may apply only if the preliminary design or
	 watershed assessment stage has been completed. Costs associated with the
	 watershed assessment stage may not be considered as local cost sharing and may
	 not be included in the calculation of total project costs.
General Authority:
SDCL
		46A-1-65.
Law Implemented:
SDCL
		46A-1-61,
		46A-1-63.1,
		46A-1-64.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:07 - Consolidated water facilities construction program › Section 74:05:07:07 - Application cycles

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 to the department no
	 later than the day on which applications are due. The board may consider
	 applications for emergency funding at any meeting.
General Authority:
SDCL
		46A-1-65.
Law Implemented:
SDCL
		46A-1-61,
		46A-1-63.1,
		46A-1-64.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:07 - Consolidated water facilities construction program › Section 74:05:07:08 - Applications

Current through Register Vol. 51, page 10, July 15, 2024
Each applicant shall submit an application on forms provided by the
	 department. The applicant may arrange with the department for a preapplication
	 conference to provide for orderly application preparation. After the
	 application has been submitted, the board or its designated agent may permit
	 the applicant to add to, amend, or correct the application. The application
	 shall include the following items if applicable to the proposed project:
(1) Application cover sheet;
(2) Budget sheet;
(3) Proposed method of financing;
(4) Utility information;
(5) Project narrative; and
(6) Preliminary engineering design or
  facilities plan or watershed project implementation plan, and cost
  estimates.
General Authority:
SDCL
		46A-1-65.
Law Implemented:
SDCL
		46A-1-61,
		46A-1-63.1,
		46A-1-64.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:07 - Consolidated water facilities construction program › Section 74:05:07:08.01 - Application review

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall review an application for completeness in
	 accordance with the guidelines in §
									74:05:07:08. 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. 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 and the factors for decision making as identified in §
									74:05:07:11. 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-1-65.
Law Implemented:
SDCL
		46A-1-61,
		46A-1-63.1,
		46A-1-64.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:07 - Consolidated water facilities construction program › Section 74:05:07:09 - 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 financial ability necessary for constructing, operating,
	 repairing, and maintaining the proposed facility or service for its expected
	 life and for obtaining and administering the proposed funding. The applicant is
	 responsible for the facility and shall provide for continued availability of
	 its services even though the facility may be operated, maintained, or managed
	 by a third party under contract, management agreement, or written
	 lease.
General Authority:
SDCL
		46A-1-65.
Law Implemented:
SDCL
		46A-1-61,
		46A-1-63.1,
		46A-1-64.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:07 - Consolidated water facilities construction program › Section 74:05:07:10 - Eligible use of funds

Current through Register Vol. 51, page 10, July 15, 2024
The board may award funds for facilities included in the state water
	 facilities plan for one or more of the following uses:
(1) To improve, restore, enlarge, extend,
  construct, or protect facilities, lakes, streams, rivers, watersheds, and other
  surface or ground water resources;
(2) To construct, acquire, or lease buildings
  and works essential to the operation or protection of facilities;
(3) To construct or relocate roads, bridges,
  utilities, fences, and other public improvements or relocate roads, bridges,
  utilities, fences, and other private improvements related to the construction
  and operation of facilities;
(4)
  For the following if they are necessary for the construction or operation of a
  facility 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 if the purchase is necessary to provide efficient
  service and an agreement between buyer and seller is reached;
(c) The acquisition of interests in land,
  water rights, permits, rights-of-way, and other evidence of land or water
  control which are necessary for development of the facility;
(d) Purchase or lease of equipment necessary
  to install, maintain, extend, protect, operate, or use facilities;
(e) Start-up expenses for a period not
  exceeding one year if the recipient will be unable to pay such
  expenses;
(f) Refinancing debts
  incurred by or on behalf of a water resources 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 74:05:07 - Consolidated water facilities construction program › Section 74:05:07:11 - Factors for decision making

Current through Register Vol. 51, page 10, July 15, 2024
In exercising its discretion in determining whether to award funding
	 for a project, the board may consider the factors described in this section.
	 Assistance recipients that meet the minimum established rates may receive grant
	 assistance in an amount determined by the board. Assistance recipients seeking
	 assistance for storm water or nonpoint source projects may receive grants in an
	 amount determined by the board without meeting the minimum established rate.
	 The decision-making factors in alphabetical order are as follows:
(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.
The Board may award grant assistance to recipients not meeting the
	 minimum established rates for economic development opportunities, expansion
	 into new areas, regionalization or consolidation of facilities, or other unique
	 situations that may require special consideration.
General Authority:
SDCL
		46A-1-65.
Law Implemented:
SDCL
		46A-1-61,
		46A-1-63.1,
		46A-1-64,
		46A-2-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:07 - Consolidated water facilities construction program › Section 74:05:07:12 - Decisions on applications

Current through Register Vol. 51, page 10, July 15, 2024
Within 120 days after applications are presented, 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 §
									74:05:07:11.
The department shall notify each applicant in writing of the board's
	 decision on the application.
General Authority:
SDCL
		46A-1-65.
Law Implemented:
SDCL
		46A-1-61,
		46A-1-63.1,
		46A-1-64.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:07 - Consolidated water facilities construction program › Section 74:05:07:13 - 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. The 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; or
(4) Liens
  on the interest of the applicant in all real and personal property, easements,
  rights-of-way, water rights, water purchase contracts, and similar property
  rights, including leasehold interests, used in connection with the facility,
  whether owned at the time the loan is approved or acquired with loan funds.
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-1-65.
Law Implemented:
SDCL
		46A-1-61,
		46A-1-63.1,
		46A-1-64.
Funding agreements, §
											74:05:07:20.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:07 - Consolidated water facilities construction program › Section 74:05:07:14 - Time restrictions

Current through Register Vol. 51, page 10, July 15, 2024
The recipient shall expend the funds awarded to it within four years
	 from the date the board awarded financial assistance.
General Authority:
SDCL
		46A-1-65.
Law Implemented:
SDCL
		46A-1-61,
		46A-1-63.1,
		46A-1-64.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:07 - Consolidated water facilities construction program › Section 74:05:07:15 - Terms and conditions of grants and loans

Current through Register Vol. 51, page 10, July 15, 2024
The board shall establish in the funding agreement provided for in
	 §
									74:05:07:20 the terms and
	 conditions of grants and loans made through the consolidated water facilities
	 construction program.
Loans must be prior to or at parity with other loans having the same
	 security unless the board approves otherwise.
General Authority:
SDCL
		46A-1-65.
Law Implemented:
SDCL
		46A-1-61,
		46A-1-63.1,
		46A-1-64.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:07 - Consolidated water facilities construction program › Section 74:05:07:15.01 - Loan interest rates

Current through Register Vol. 51, page 10, July 15, 2024
The board shall set the interest rates for the consolidated water
	 facilities construction program based on the following:
(1) Current market rates;
(2) Current rate of alternative federal or
  state programs; and
(3) Current
  demand for program funds.
Based on the criteria above, the board may adjust the interest rates at
	 any meeting if the proposed action is included on the agenda posted for the
	 meeting.
General Authority:
SDCL
		46A-1-65.
Law Implemented:
SDCL
		46A-1-61,
		46A-1-63.1,
		46A-1-64.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:07 - Consolidated water facilities construction program › Section 74:05:07:19 - Lease agreements

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 facility 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 contain provision for restricted use of the facility or
	 forfeiture or cancellation clauses except upon mutual agreement of all the
	 parties to the lease and written approval of the board or its designated
	 representative. Lease agreements must be written for a term at least equal to
	 the normal anticipated life of the project or facility. The board shall approve
	 or disapprove such lease agreements.
General Authority:
SDCL
		46A-1-65.
Law Implemented:
SDCL
		46A-1-61,
		46A-1-63.1,
		46A-1-64.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:07 - Consolidated water facilities construction program › Section 74:05:07:23 - 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-1-65.
Law Implemented:
SDCL
		46A-1-61,
		46A-1-62,
		46A-1-63.1,
		46A-1-64.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:07 - Consolidated water facilities construction program › Section 74:05:07:25 - Facility 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 facility design and construction through
	 inspections and may review facility inspection reports, change orders,
	 construction payment receipts, and other invoices such as payment 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-1-65.
Law Implemented:
SDCL
		46A-1-61,
		46A-1-63.1,
		46A-1-64.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:07 - Consolidated water facilities construction program › Section 74:05:07:26 - Recipient 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 the completion of the project. This
	 material shall be made available upon request to the board or the
	 secretary.
General Authority:
SDCL
		46A-1-65.
Law Implemented:
SDCL
		46A-1-61,
		46A-1-63.1,
		46A-1-64.
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 74:05:08:02 - Eligibility

Current through Register Vol. 51, page 10, July 15, 2024
A facility is eligible for funding under the SRF program, established
	 in SDCL 46A-1-60.1, if the facility is
	 included in the state water facilities plan before submittal of the
	 application, if the facility is on the current, approved IUP and project
	 priority list, and if the facility is sponsored by one of the following
	 entities:
(1) Watershed districts
  organized under SDCL 46A-14, water project districts organized under SDCL
  46A-18, water user districts organized under SDCL 46A-9, sanitary districts
  organized under SDCL 34A-5, recycling and waste management districts organized
  under SDCL 34A-16, and other lawful special purpose governmental entities that
  may construct eligible works;
(2)
  State agencies, instrumentalities, or political subdivisions within the state,
  such as municipalities or counties; or
(3) Federally recognized Indian tribes.
A facility is eligible for financial assistance under the SRF program
	 in the form of a water quality grant if the project is sponsored by an entity
	 listed in subdivisions (1) to (3) of this section or by a private entity
	 undertaking an eligible project under the Act.
An applicant that uses the proceeds of a loan to make loans to private
	 persons for nonpoint source projects is also eligible for financial assistance
	 under the SRF program.
A facility is eligible for an interim loan under the SRF 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 is eligible for a reduction in the interest rate if as
	 part of its assistance agreement the applicant agrees to fund an eligible
	 nonpoint source project in a watershed where the applicant is located or in a
	 watershed or groundwater area that contributes water to the applicant's water
	 system.
An applicant is eligible for a reduction in the interest rate if its
	 project is subject to the Build America, Buy American Act (Public Law 117-58)
	 provisions.
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-1-60.3.
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 74:05:08:03 - Project priority determined by points

Current through Register Vol. 51, page 10, July 15, 2024
The board shall award points according to § 74:05:08:03.01 to
	 determine the priority of construction needs. The priority list shall be part
	 of the intended use plan. It is not necessary for water quality grant projects
	 to be ranked or listed on the IUP or state water 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 74:05:08:03.02

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 74:05:08 - State water pollution control revolving fund program › Section 74:05:08:04 - Amendment of priority list

Current through Register Vol. 51, page 10, July 15, 2024
The board may add a project to the priority list established pursuant
	 to §
									74:05:08:03 at any board meeting
	 if the action is included on the agenda posted for the meeting. The department
	 shall assign points to projects added to the priority list according to §
									74:05:08:03.01.
General Authority:
SDCL
		46A-1-60.3.
Law Implemented:
SDCL
		46A-1-60.1 to
		46A-1-60.3.