South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:05 - Water development › Chapter 74:05:12 - Brownfield's revitalization and economic development program › Section 74:05:12:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms not defined in this section have the meaning given by the Small
	 Business Liability Relief and Brownfields Revitalization Act (Pub. L. No. 107-118) as amended through January 1, 2004. The following terms
	 mean:
(1) "Act," Small Business
  Liability Relief and Brownfields Revitalization Act (Pub. L. No. 107-118) as amended on January 1, 2004;
(2) "Applicant," the eligible entity applying
  for brownfields revolving loan subfund funds to complete a project eligible
  under the Act;
(3) "Assistance,"
  financial assistance awarded by the Board of Water and Natural Resources
  pursuant to SDCL
  46A-1-102;
(4) "Award," grant or loan funds awarded by
  the Board of Water and Natural Resources for a brownfields project pursuant to
  SDCL 46A-1-100 to
  46A-1-104, inclusive;
(5) "Board," the Board of Water and Natural
  Resources;
(6) "Borrower," an
  eligible public or private entity that uses brownfields revolving loan subfund
  funds for cleanup and cleanup related activities at an eligible site, and
  agrees to and complies with the terms of a loan or grant agreement between the
  board and the applicant;
(7)
  "Brownfields assessment and cleanup subfund," a subfund established to provide
  the department with funds to perform the assessment and cleanup of eligible
  brownfields sites as defined under the Act;
(8) "Brownfields revolving loan subfund," a
  subfund established to provide grants and loans to fund cleanup of eligible
  brownfields sites as defined under the Act;
(9) "Community involvement plan," a plan that
  is developed by the applicant to allow public participation in the selection of
  cleanup options for a brownfields site;
(10) "Contaminant, pollutant, hazardous
  substance, or hazardous material," as those terms are defined by the federal
  Comprehensive Environmental Response, Compensation, and Liability Act of 1980,
  as amended by the federal Superfund Amendments and Reauthorization Act of
  1986;
(11) "Department," the South
  Dakota Department of Environment and Natural Resources;
(12) "Eligible site," a brownfields site as
  defined under the Act;
(13)
  "Project," the actual cleanup, treatment, containment, removal or disposal of
  hazardous substances, contaminants, regulated substances as defined by SDCL
  34A-12-1(8), or
  pollutants as allowed under the Act. In addition, a project may include actions
  at mine-scarred lands, qualifying petroleum sites, and qualifying sites
  impacted by controlled substances;
(14) "Remediation plan," proposed actions to
  remediate a release of hazardous substances, contaminants, pollutants,
  petroleum, controlled substances, or mine-scarred lands as allowed under the
  Act;
(15) "Regulated substance," as
  the term is defined in SDCL
  34A-12-1(8);
  and
(16) "Secretary," the secretary
  of the Department of Environment and Natural Resources or a designated
  representative of the secretary.
General Authority:
SDCL
		46A-1-102,
		46A-1-103.
Law Implemented:
SDCL
		46A-1-100 to
		46A-1-106,
		inclusive.