reglab/statecodes huggingface dataset:
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 74:05:11:08 - Amendment of priority list

Current through Register Vol. 51, page 10, July 15, 2024
The board may add a project to the priority list 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 §
									74:05:11:06.
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 74:05:11:09 - 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 to the department 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-1-60.1 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 74:05:11:11 - Amount of financial assistance

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. 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 an applicant's proposed activities; ability to carry out the proposed
	 project, including the ability to repay the financial assistance; the
	 applicant's technical, managerial, and financial ability to maintain compliance
	 with the Act; and the availability of funds.
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 74:05:11:11.01 - Principal forgiveness as part of assistance agreements

Current through Register Vol. 51, page 10, July 15, 2024
Assistance recipients that meet the minimum established rates may
	 receive principal forgiveness as authorized by the Act in an amount determined
	 by the board. Disadvantaged communities may receive principal forgiveness as
	 authorized by the Act in an amount determined 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 74:05:11 - Drinking water state revolving fund program › Section 74:05:11:11.02 - 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 74:05:11 - Drinking water state revolving fund program › Section 74:05:11:12 - Application requirements

Current through Register Vol. 51, page 10, July 15, 2024
Any 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 application must include the following items:
(1) Application form to include:
(a) Certification of Drinking Water Needs
  Categories;
(b) Certification
  Regarding Debarment, Suspension, and Other Responsibility Matters;
(c) Water Supply Assessment Certification
  Form; and
(d) Capacity Assessment
  Worksheets for Public Water Systems;
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 74:05:11:12.01 - 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 §
									74:05:11:12. 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 §
									74:05:11:12.02, 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 criteria and the factors for principal forgiveness decision
	 making as identified in §
									74:05:11:11.02. 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 74:05:11 - Drinking water state revolving fund program › Section 74:05:11:12.02 - Facilities plan submittal

Current through Register Vol. 51, page 10, July 15, 2024
Any applicant requesting financial assistance for a drinking water
	 project must prepare a facilities plan. The facilities plan shall at minimum
	 provide the information contained in §
									74:05:11:01(15).
	 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 §
									74:05:11:12.02(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 74:05:11 - Drinking water state revolving fund program › Section 74:05:11:12.03 - 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-1-60.1 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 74:05:11:13 - Eligible use of funds

Current through Register Vol. 51, page 10, July 15, 2024
Financial assistance may be awarded for projects included in the
	 intended use plan for one or more of the following uses:
(1) Any one or more of the following items
  for establishing, upgrading, consolidating, or protecting the water source of
  drinking water works:
(a) Preparation of
  facilities plans or other planning documents and the DWSRF loan
  application;
(b) Engineering,
  architectural, legal, fiscal, environmental, or economic studies;
(c) Surveys, designs, plans, acquisition of
  land integral to the project, working drawings, specifications, equipment
  purchases, or other necessary actions for the erection, building, acquisition,
  alteration, or remodeling improvement;
(d) Construction of new drinking water works
  or the expansion of existing drinking water works;
(e) Operation and maintenance manual
  preparation;
(f) Operator startup
  training; or
(g) The purchase of
  another system's capacity pursuant to a consolidation plan to bring the system
  into compliance, if it is the most cost-effective solution for that system,
  when considering the buy-in fee and user fees;
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 74:05:11:14

Current through Register Vol. 51, page 10, July 15, 2024
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 74:05:11:15 - 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, whether owned at the time the
  loan is approved or acquired with loan funds;
(5) A security interest in the recipient's
  goods, machinery, inventory, equipment, and other personal property, including
  fixtures now owned or acquired later, together with all accessions and all
  substitutions and replacements; documents of title now existing or acquired
  later by the recipient, covering goods of any kind; accounts or contract rights
  now existing or arising later; instruments, documents, chattel paper, or
  general intangibles, including chooses in action, tax refunds, and insurance
  proceeds; rights to receive any payments in money or kind, or any other
  obligations or indebtedness owed to the recipient from any source, including
  guarantees of these rights; and all proceeds and products of all of the items
  listed in this subdivision; or
(6)
  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.
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 74:05:11:16 - Duration of assistance

Current through Register Vol. 51, page 10, July 15, 2024
The board shall set the repayment period for each assistance
	 agreement. The maximum allowable repayment period is 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
	 facilities.
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 74:05:11:17 - Assistance agreement interest rate

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 on 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-1-60.1 to
		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 74:05:11 - Drinking water state revolving fund program › Section 74:05:11:18 - Loans to disadvantaged communities

Current through Register Vol. 51, page 10, July 15, 2024
The board may provide additional subsidies to disadvantaged communities
	 in the form of principal forgiveness as provided under the Act. The board may
	 set interest rates for disadvantaged communities below the rate set for other
	 loan recipients. A loan for a disadvantaged community with a median household
	 income less than 60 percent of the state-wide median household income of
	 $59,896 may be awarded at zero percent interest.
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 74:05:11:18.01 - Disadvantaged loans to project sponsors acting on behalf of a disadvantaged community

Current through Register Vol. 51, page 10, July 15, 2024
A community water system that does not meet the disadvantaged criteria,
	 if it is constructing a project to directly benefit a disadvantaged community,
	 may receive a loan with the same additional subsidy in the form of principal
	 forgiveness or interest rate and term that the disadvantaged community would
	 receive.
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 74:05:11:18.02 - Loans to project sponsors subject to the Build America, Buy American Act provisions

Current through Register Vol. 51, page 10, July 15, 2024
The board may set interest rates for project subject to the Build
	 America, Buy American Act (Public Law 117-58) provisions below the rate set for
	 other loan recipients.
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 74:05:11:18.03 - Loans to project sponsors replacing lead service lines

Current through Register Vol. 51, page 10, July 15, 2024
A loan, or that portion of a loan, that will be used to replace lead
	 service lines and receives loan proceeds from the Drinking Water State
	 Revolving Fund Lead Service Line Replacement Funding made available through
	 Public Law 117-58 may be awarded at zero percent interest.
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 74:05:11:21 - 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-1-60.1 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 74:05:11:23 - 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 recipient of set-aside funds 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 74:05:12 - Brownfield's revitalization and economic development program › Section 74:05:12:02 - Development of an annual work plan

Current through Register Vol. 51, page 10, July 15, 2024
The department shall develop an annual work plan for the state
	 brownfields revitalization and economic development program within 30 days of
	 January 5, 2005, and by January 1 of each year thereafter. Upon completion of
	 the annual work plan by the department, the board shall conduct a public
	 hearing to receive comments from the public. The board shall provide at least
	 30 calendar days notice of the public hearing in at least three newspapers of
	 general circulation in different parts of the state. The board shall accept
	 written comments during this period. After the comment period is over, the
	 board shall compile and adopt the annual work plan at the
	 hearing.
General Authority:
SDCL
		46A-1-102,
		46A-1-103.
Law Implemented:
SDCL
		46A-1-100 to
		46A-1-106,
		inclusive.
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 74:05:12:03 - Content of the annual work plan

Current through Register Vol. 51, page 10, July 15, 2024
The work plan required in §
									74:05:12:02 shall include a list
	 of projects eligible to apply for financial assistance from the brownfields
	 revolving loan subfund. The work plan shall establish site selection criteria
	 and funding levels for the department to expend funds from the brownfields
	 assessment and cleanup subfund to perform the assessment and cleanup of
	 brownfields sites.
General Authority:
SDCL
		46A-1-102,
		46A-1-103.
Law Implemented:
SDCL
		46A-1-100 to
		46A-1-106,
		inclusive.
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 74:05:12:04 - Amendment of the annual work plan of projects

Current through Register Vol. 51, page 10, July 15, 2024
The board may amend the work plan required in §
									74:05:12:02 at any board meeting
	 if the proposed action is included on the agenda posted for the
	 meeting.
General Authority:
SDCL
		46A-1-102,
		46A-1-103.
Law Implemented:
SDCL
		46A-1-100 to
		46A-1-106,
		inclusive.
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 74:05:12:05 - Eligibility for a brownfields revolving loan subfund grant or loan

Current through Register Vol. 51, page 10, July 15, 2024
An applicant is eligible to apply for loan or grant funding from the
	 brownfields revolving loan subfund if:
(1) The applicant is eligible for funding
  under the Act;
(2) The project is
  eligible for funding under the Act;
(3) The project is on the annual
  board-approved work plan;
(4) The
  applicant has developed a community involvement plan as required under the
  Act;
(5) The applicant has
  developed a department-approved remediation plan; and
(6) The project has a resolution of support
  from the city or county where the project is located.
General Authority:
SDCL
		46A-1-102,
		46A-1-103.
Law Implemented:
SDCL
		46A-1-100 to
		46A-1-106,
		inclusive.
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 74:05:12:06 - Eligible uses of brownfields revolving loan subfund funds

Current through Register Vol. 51, page 10, July 15, 2024
Eligible brownfields revolving loan subfund activities include cleanup
	 actions associated with removing, mitigating, or preventing the release or
	 threat of release of hazardous substances, regulated substances, contaminants,
	 or pollutants as allowed under the Act. In addition, these activities may
	 include actions at mine-scarred lands, qualifying petroleum sites, and
	 qualifying sites impacted by controlled substances including:
(1) Fences, warning signs, or other security
  or site control precautions;
(2)
  Drainage controls;
(3)
  Stabilization of berms, dikes, or impoundments or drainage or closing
  lagoons;
(4) Capping of
  contaminated soils;
(5) Use of
  chemicals and other materials to retard the spread of the release of a
  hazardous substance, petroleum, pollutant, or contaminant or mitigate its
  effects;
(6) Excavation,
  consolidation, or removal of contaminated soils from drainages or other
  areas;
(7) Removal of drums,
  barrels, tanks, or other bulk containers that contain or may contain hazardous
  substances, pollutants, or contaminants;
(8) Containment, treatment, disposal, or
  incineration of hazardous materials;
(9) Provisions of alternative water supply
  where necessary to reduce exposure to contaminated household water;
(10) Site monitoring activities, including
  sampling and analysis, that are necessary during the cleanup process, including
  determination of effectiveness of a cleanup;
(11) Costs associated with meeting public
  participation, worker health and safety, and interagency coordination
  requirements;
(12) Removal
  activities, including demolition or site preparation or both, that are part of
  site cleanup;
(13) Purchase of
  environmental insurance; or
(14)
  Other activities as approved by the Act.
Brownfields revolving loan subfund funds may not be used for precleanup
	 environmental response activities, such as site assessment, identification, or
	 characterization.
General Authority:
SDCL
		46A-1-102,
		46A-1-103.
Law Implemented:
SDCL
		46A-1-100 to
		46A-1-106,
		inclusive.
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 74:05:12:07 - Application requirements

Current through Register Vol. 51, page 10, July 15, 2024
An eligible applicant shall submit a brownfields revolving loan subfund
	 assistance application for an eligible site 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 may 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 cover sheet;
(2) Budget sheet;
(3) Proposed method of financing;
(4) Project narrative;
(5) Cooperative agreements with units of
  local government;
(6) Letters of
  financial commitment from other federal, state, or local agencies or private
  resources;
(7) Status reports for
  all open and existing brownfields grants and loans;
(8) Local government resolutions;
(9) A financial statement, if requested by
  the department;
(10) Business
  plan;
(11) A department approved
  project remediation plan; and
(12)
  A community involvement plan.
General Authority:
SDCL
		46A-1-102,
		46A-1-103.
Law Implemented:
SDCL
		46A-1-100 to
		46A-1-106,
		inclusive.
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 74:05:12:08 - Application deadline

Current through Register Vol. 51, page 10, July 15, 2024
An eligible applicant shall submit a brownfields revolving loan subfund
	 assistance application to the board on forms obtained from the department.
	 Applications are due on the 15th 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-1-102,
		46A-1-103.
Law Implemented:
SDCL
		46A-1-100 to
		46A-1-106,
		inclusive.
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 74:05:12:09 - Review of financial status

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall prepare a summary of the applicant's financial
	 status and provide a copy to the board with the assistance application. This
	 summary shall include an analysis of all assets and liabilities and an analysis
	 of the applicant's financial capability.
General Authority:
SDCL
		46A-1-102,
		46A-1-103.
Law Implemented:
SDCL
		46A-1-100 to
		46A-1-106,
		inclusive.
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 74:05:12:10 - Factors for decision making

Current through Register Vol. 51, page 10, July 15, 2024
In exercising its discretion in determining whether to award funding
	 for a project, the board may consider factors described in this section.
	 Applicants shall compete against other applicants requesting funds. The
	 decision-making factors include those listed below:
(1) Extent that the project facilitates
  creation, preservation, or addition to a park or greenspace;
(2) Extent that the project meets the needs
  of the community;
(3) Extent that
  the application has the ability to draw on other resources for cleanup
  funds;
(4) Extent that funding will
  facilitate reuse of existing infrastructure;
(5) The amount of funds available for
  distribution;
(6) Compliance with
  permits and regulations;
(7) Debt
  service capability;
(8) Readiness
  to proceed; and
(9) Technical
  feasibility.
General Authority:
SDCL
		46A-1-102,
		46A-1-103.
Law Implemented:
SDCL
		46A-1-100 to
		46A-1-106,
		inclusive.
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 74:05:12:11 - Decisions on applications

Current through Register Vol. 51, page 10, July 15, 2024
Within 120 days after an application is presented to the board by the
	 secretary, the board shall by resolution either disapprove the application or
	 approve the application as requested or as modified by the board. Modification
	 may include awarding a loan in lieu of a grant or a grant in lieu of a loan, or
	 a combination of each.
The department shall notify each applicant in writing of the board's
	 decision on the application.
General Authority:
SDCL
		46A-1-102,
		46A-1-103.
Law Implemented:
SDCL
		46A-1-100 to
		46A-1-106,
		inclusive.
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 74:05:12:13 - Financial security

Current through Register Vol. 51, page 10, July 15, 2024
Specific requirements to secure a loan must be included in the
	 brownfields revolving loan subfund assistance agreement. The loan must be
	 secured by one or more of the following:
(1) Full faith and credit of the
  recipient;
(2) Pledges of taxes or
  assessments;
(3) Pledges of project
  revenue;
(4) Liens on the interest
  of the applicant in all real and personal property, easements, rights-of-way,
  and similar property rights, including leasehold interests, used in connection
  with the project or the proceeds therefrom, whether owned at the time the loan
  is approved, acquired with loan funds, or acquired thereafter; or
(5) A security interest in the recipient's
  goods, machinery, inventory, equipment, and other personal property, including
  fixtures now owned or acquired later, together with all accessions and all
  substitutions and replacement; documents of title now existing or arising
  later; instruments, documents, chattel paper, or general intangibles, including
  chooses in action, tax refunds, and insurance proceedings; rights to receive
  any payments in money or kind, or any other obligations or indebtedness owed to
  the recipient from any source, including guarantees of these rights; and all
  proceeds and products of all of the items listed in this subdivision.
General Authority:
SDCL
		46A-1-102,
		46A-1-103.
Law Implemented:
SDCL
		46A-1-100 to
		46A-1-106,
		inclusive.
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 74:05:12:14 - Size and type of awards

Current through Register Vol. 51, page 10, July 15, 2024
The board may award an amount different than that requested in the
	 brownfields revolving loan subfund application. The board may award grants,
	 loans, or a combination of grants and loans. Grant awards may not exceed 40
	 percent of the total award. In determining the amount of financial assistance,
	 the board shall consider the following:
(1) The availability of brownfields revolving
  loan subfund funds;
(2) The
  applicant's need;
(3) Public
  support for the project;
(4)
  Violation of health or environmental standards or a significant safety risk and
  how the project will minimize or correct the violations; and
(5) The applicant's ability to repay a
  loan.
General Authority:
SDCL
		46A-1-102,
		46A-1-103.
Law Implemented:
SDCL
		46A-1-100 to
		46A-1-106,
		inclusive.
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 74:05:12:15 - Match requirements for brownfields revolving loan subfund assistance

Current through Register Vol. 51, page 10, July 15, 2024
The recipient must provide a minimum of 20 percent match on the amount
	 of the brownfields revolving loan subfund financial assistance. This match may
	 be in the form of:
(1) Cash;
(2) Labor;
(3) Materials; or
(4) Other services as allowed by the
  Act.
General Authority:
SDCL
		46A-1-102,
		46A-1-103.
Law Implemented:
SDCL
		46A-1-100 to
		46A-1-106,
		inclusive.
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 74:05:12:16 - Time restrictions

Current through Register Vol. 51, page 10, July 15, 2024
The recipient shall expend the brownfields revolving loan subfund funds
	 awarded to it within three years from the date the board approved the
	 application for funding.
General Authority:
SDCL
		46A-1-102,
		46A-1-103.
Law Implemented:
SDCL
		46A-1-100 to
		46A-1-106,
		inclusive.
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 74:05:12:17 - Duration of assistance

Current through Register Vol. 51, page 10, July 15, 2024
The board shall set the repayment period for each brownfields revolving
	 loan subfund loan in the assistance agreement, which may not exceed ten
	 years.
General Authority:
SDCL
		46A-1-102,
		46A-1-103.
Law Implemented:
SDCL
		46A-1-100 to
		46A-1-106,
		inclusive.
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 74:05:12:18 - Assistance agreement interest rates

Current through Register Vol. 51, page 10, July 15, 2024
The board shall set the interest rate for the brownfields revolving
	 loan subfund loans, based upon:
(1)
  Current market rates; and
(2)
  Current demand for program funds.
Based on the above criteria, the board may also adjust the interest
	 rate at any board meeting if the proposed action is included on the agenda
	 posted for the meeting.
General Authority:
SDCL
		46A-1-102,
		46A-1-103.
Law Implemented:
SDCL
		46A-1-100 to
		46A-1-106,
		inclusive.
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 74:05:12 - Brownfield's revitalization and economic development program › Section 74:05:12:19 - Funds disbursement

Current through Register Vol. 51, page 10, July 15, 2024
The department shall disburse funds as costs are incurred. Payment may
	 not exceed the percentage provided in the award agreement.
General Authority:
SDCL
		46A-1-102,
		46A-1-103.
Law Implemented:
SDCL
		46A-1-100 to
		46A-1-106,
		inclusive.
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 74:05:12:20 - Accounting methods and audits

Current through Register Vol. 51, page 10, July 15, 2024
Each recipient must maintain accounting records in accordance with
	 financial and reporting standards as promulgated by the Government Accounting
	 Standards Board or Other Comprehensive Basis of Accounting as in effect
	 November 5, 2004. Each recipient must agree to have audits performed in
	 accordance with SDCL chapter 4-11, and if applicable, Federal Office of
	 Management Budget Circular A-133, Audits of States, Local Governments and
	 Non-Profit Organizations, dated June 30, 1997, as provided in the Single Audit
	 Act of 1984, Pub. L. No. 98-502, and the Single Audit Act of 1996, Pub. L. No. 104-156. Each loan recipient shall retain all accounting records, books,
	 and supporting material for a period of three years after completion of the
	 project. Each grant recipient shall retain all accounting records, books, and
	 supporting material for a period 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-1-102,
		46A-1-103.
Law Implemented:
SDCL
		46A-1-100 to
		46A-1-106,
		inclusive.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:07 - Environmental financial assurance › Chapter 74:07:01 - Water Management Board requirements for environmental financial assurance › Section 74:07:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL chapters 34A-2 and 46-1 have the same meaning
	 when used in this chapter. In addition, terms used in this chapter mean:
(1) "Act of nature," a weather event that
  causes department-approved design capacities for a permitted activity to be
  exceeded;
(2) "Aquifer," a geologic
  formation, a group of geologic formations, or part of a geologic formation that
  contains sufficient saturated permeable material to yield economical quantities
  of ground water to wells and springs;
(3) "Board," the Water Management Board
  created by SDCL
  1-40-15;
(4) "Department," the Department of
  Environment and Natural Resources;
(5) "Financial assurance," a financial
  instrument, documentation, or other means to guarantee that sufficient funds
  are available to ensure the performance of corrective actions to contain,
  mitigate, and remediate all pollution, contamination, or degradation of the
  environment that may result from an impact;
(6) "Impact," pollution, contamination, or
  degradation of the environment caused by wastewater or associated solids that
  may result from either abandonment of the permitted activity or from an event
  not caused by an act of nature;
(7)
  "Owner or operator," any person legally responsible for an activity authorized
  by a permit;
(8) "Permit," a water
  right permit, water right, validated vested water right, water quality variance
  permit, ground water discharge facility construction permit, or ground water
  discharge permit that is granted, amended, extended, or renewed by the board
  and which may include conditions or qualifications.
General Authority:
SDCL
		34A-10-2.4.
Law Implemented:
SDCL
		34A-10-2.4.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:07 - Environmental financial assurance › Chapter 74:07:01 - Water Management Board requirements for environmental financial assurance › Section 74:07:01:02 - Financial assurance - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
In the discretion of the board pursuant to SDCL
	 34A-10-2.1, the board may
	 require, as a condition of a permit, that the owner or operator of a proposed
	 or existing facility which produces, stores, or disposes of wastewater or
	 associated solids to post financial assurance to contain, mitigate, and
	 remediate any impact provided the board finds that such financial assurance is
	 necessary:
(1) To meet the public
  interest requirement of SDCL
  46-2A-9 for approval of a permit
  or right to appropriate water; or
(2) As a condition of a water quality
  variance permit, ground water discharge facility construction permit, or ground
  water discharge permit to ensure that beneficial uses are not impaired and that
  no hazard is posed to human health in accordance with §
									74:54:02:09.
Financial assurance required under this chapter shall be in effect and
	 on file with the department before any construction or operation authorized by
	 the permit. If the activity being permitted preexists approval of the permit,
	 the financial assurance shall be posted within 120 days of the date of the
	 permit approval. Financial assurance required as a condition of amending,
	 renewing, or extending an existing permit shall be posted within 120 days of
	 the date of board approval.
General Authority:
SDCL
		34A-2-28,
		34A-2-30,
		34A-10-2.4,
		46-2-5.
Law Implemented:
SDCL
		34A-2-27,
		34A-10-2.1,
		46-1-2,
		46-1-14,
		46-2A-9.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:07 - Environmental financial assurance › Chapter 74:07:01 - Water Management Board requirements for environmental financial assurance › Section 74:07:01:03 - Preparation of estimated amount of financial assurance - Department recommendation

Current through Register Vol. 51, page 10, July 15, 2024
If the department recommends posting of financial assurance as a
	 condition of permit approval, the owner or operator shall provide an estimated
	 amount of financial assurance for board consideration at the hearing on the
	 permit application. Whether or not the department recommends posting of
	 financial assurance, the board may require an owner or operator to post
	 financial assurance consistent with provisions of §§
									74:07:01:02 and
	 74:07:01:04.
General Authority:
SDCL
		34A-10-2.4.
Law Implemented:
SDCL
		34A-10-2.1,
		34A-10-2.4.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:07 - Environmental financial assurance › Chapter 74:07:01 - Water Management Board requirements for environmental financial assurance › Section 74:07:01:04 - Preparation of estimated amount of financial assurance - Owner or operator responsibilities

Current through Register Vol. 51, page 10, July 15, 2024
If the owner or operator is requested by the department or board to
	 prepare an estimated amount of financial assurance, the owner or operator is
	 responsible for having a South Dakota registered professional engineer or other
	 qualified individual prepare the estimate. The estimate shall include an
	 itemized listing of each cost and how the cost was calculated, including the
	 cost of contracting with a third party. The estimated amount of financial
	 assurance shall include the costs to:
(1) Remove, transport, and safely dispose of
  the maximum amount of either wastewater or associated solids, or both, that may
  be stored at the project site if the permitted activity is abandoned;
  and
(2) Cleanup the most costly
  impact likely to occur from a release of either wastewater or associated
  solids, or both. A description of the type of release, conditions under which
  such a release may occur, and the basis for the anticipated extent of the
  release shall be included with the estimate. Calculation of this cost shall
  consider the following factors:
(a) Design
  parameters relating to the method of storage, transport, and disposal of
  wastewater or associated solids, or both;
(b) Proximity of the facility and waste
  disposal areas in relation to aquifers or surface water;
(c) Beneficial uses assigned to waters of the
  state in or contiguous to the facility and waste disposal areas; and
(d) Topography, geology, and hydrology of the
  facility site and waste disposal areas and contiguous areas that may be
  impacted.
If requested by the department, the owner or operator shall provide a
	 copy of the cost estimate to the department at least twenty days before the
	 scheduled hearing date. No provision of this section precludes an owner or
	 operator from presenting evidence or testimony to the board as to whether
	 financial assurance is necessary for approval of the permit
	 application.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:07 - Environmental financial assurance › Chapter 74:07:01 - Water Management Board requirements for environmental financial assurance › Section 74:07:01:05 - Department review of estimated amount of financial assurance - Recommendation

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of the financial assurance estimate prepared pursuant to
	 §
									74:07:01:04, the department shall
	 review the estimate for purposes of preparing a recommendation for the board's
	 consideration. The recommendation shall assess compliance with provisions of
	 §
									74:07:01:04, the basis for the
	 type and extent of impacts used in calculations, and whether the estimated
	 amount is sufficient. At the hearing, the board may accept, revise, or reject
	 the department's recommendation.
General Authority:
SDCL
		34A-10-2.4.
Law Implemented:
SDCL
		34A-10-2.1,
		34A-10-2.4.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:07 - Environmental financial assurance › Chapter 74:07:01 - Water Management Board requirements for environmental financial assurance › Section 74:07:01:06 - Preparation of estimated amount of financial assurance - Appeal

Current through Register Vol. 51, page 10, July 15, 2024
In lieu of preparing an estimated dollar amount of financial assurance
	 in advance of the board hearing pursuant to §§
									74:07:01:03 and
	 74:07:01:04, the owner or operator
	 may appeal to the board the department recommendation that the owner or
	 operator prepare an estimated amount of financial assurance. If the board
	 determines that an estimate is necessary, the board shall defer action on the
	 permit application until an estimate is prepared pursuant to §
									74:07:01:04.
General Authority:
SDCL
		34A-10-2.4.
Law Implemented:
SDCL
		34A-10-2.1,
		34A-10-2.4.