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 74:05:08:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms not defined in this section have the meaning given by the Clean
	 Water Act (CWA). The following terms mean:
(1) "Act," "Clean Water Act," "CWA," the
  federal Water Pollution Control Act Amendments of 1987, as amended to July 1,
  2013, and Public Law 111-88, enacted October 30, 2009, Public Law 112-10, enacted April 15, 2011, Public Law 112-74, enacted December 23, 2011, Public Law 113-6, enacted March 26, 2013, Public Law 113-76, enacted January 17, 2014, Public Law 113-121, enacted June 10, 2014, Public Law 113-235, enacted December 16, 2014, Public Law 114-113, enacted December 18, 2015, Public Law 115-31, enacted May 5, 2017, Public Law 115-141, enacted March 23, 2018, Public Law 116-6, enacted February 15, 2019, Public Law 116-260, enacted December 20, 2019, Public Law 116-93, enacted December 27, 2020, Public Law 117-58 enacted November
  15, 2021, Public Law 117-103, enacted March 15, 2022, collectively known as the Clean Water
  Act;
(2) "Applicant," the
  sponsoring entity applying for interim financing or for funding to construct a
  project eligible under the Act;
(3)
  "Assistance," financial assistance awarded by the Board of Water and Natural
  Resources pursuant to SDCL
  46A-1-60.1 to
  46A-1-60.3, inclusive;
(4) "Board," the Board of Water and Natural
  Resources acting as that board or as the South Dakota Conservancy
  District;
(5) "Construction," any
  of the following procedures: preliminary planning to determine project
  feasibility; engineering, environmental, architectural, legal, fiscal, or
  economic studies, surveys, designs, plans, working drawings, specifications, or
  procedures; other necessary actions for the erection, building acquisition,
  alteration, remodeling, improvement, or extension of eligible works, the
  purchase of equipment, and the inspection or supervision of any of these
  procedures;
(6) "Department," the
  South Dakota Department of Agriculture and Natural Resources;
(7) "EPA," the United States Environmental
  Protection Agency;
(8) "Facilities
  plan," an engineering evaluation that describes the need for the proposed
  wastewater treatment works 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;
(9) "Intended Use Plan," "IUP," a document
  prepared annually which provides assurances and specific proposals, including a
  list of potential SRF projects;
(10) "Interceptor," a sewer that receives
  wastewater from a number of transverse sewers or outlets and conducts the
  wastewater to a point for treatment or disposal;
(11) "Interim financing," a loan for a term
  not to exceed five years which is to be repaid from the proceeds of a federal
  grant or loan to be made by an agency or instrumentality of the United States
  government for a project;
(12)
  "Loan," lending of funds by the board to an eligible applicant pursuant to a
  financing agreement through the purchase or acquisition of any evidence of
  indebtedness or other obligation which is issued by the applicant and which is
  payable from taxes, non-ad valorem sales taxes, or from rates, revenues,
  charges, or assessments, or from distributions of revenue pursuant to a state
  appropriation or statutory or constitutional provision, or payable from a
  pledge of property or other sources;
(13) "Median household income," the median
  household income as identified in the U.S. Census Bureau, American Community
  Survey, DP03 Selected Economic Characteristics 2020: 5-Year Estimates Data
  Profiles or by other statistically valid income data supplied by the applicant
  and acceptable to the board;
(14)
  "Minimum established rates," rates charged to residential users of a wastewater
  system that meet the following criteria;
(a)
  For municipalities and sanitary districts the monthly residential wastewater
  bill is $45 or more for 5,000 gallons usage or $30 or more for 5,000 gallons
  usage for projects that will receive loan proceeds from the Clean Water State
  Revolving Fund Emerging Contaminants Funding made available through Public Law
  117-58; or
(b) For all other
  assistance recipients the monthly residential wastewater bill is $70 or more
  for 5,000 gallons usage or $30 or more for 5,000 gallons usage for projects
  that will receive loan proceeds from the Clean Water State Revolving Fund
  Emerging Contaminants Funding made available through Public Law
  117-58;