reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:05 - Remediation criteria for petroleum-contaminated soils › Section 74:56:05:14 - Tier 3 action levels - Criteria

Current through Register Vol. 51, page 10, July 15, 2024
The responsible person may calculate Tier 3 action levels with prior
	 approval from the department and as specified below:
(1) Toxicity information must be obtained
  from sources consistent with EPA's "Risk Assessment Guidance for Superfund"
  (1989). The department may allow the development of a toxicity value if
  required and applicable toxicological data are available;
(2) The excess lifetime cancer risk may not
  exceed 1:100,000 for all pathways;
(3) The chronic noncancer risk may not exceed
  a hazard index of one for all pathways;
(4) Reasonable maximum exposure default
  values as determined in EPA's "Risk Assessment Guidance for Superfund" (1989)
  must be used for exposure assumptions or site specific exposure data may be
  used with the permission of the department;
(5) The department shall approve work plans
  for the development of Tier 3 action levels;
(6) The department shall approve of the
  location of monitoring points to ensure compliance with the South Dakota
  groundwater quality standards in chapter 74:54:01 and the conditions listed in
  subdivisions (2) and (3) in this section;
(7) If soil contaminant levels exceed the
  Tier 3 action levels, the responsible person must implement corrective action
  consistent with §
									74:56:05:01 to reduce the risks
  associated with the site to below the conditions listed in subdivisions (2) and
  (3) in this section;
(8) The
  responsible person must pay for any modeling or review by an independent
  department contractor.
General Authority:
SDCL
		34A-2-93,
		34A-2-99,
		34A-2-101,
		34A-12-7.
Law Implemented:
SDCL
		34A-2-99,
		34A-2-101,
		34A-12-10.
Pages 6-32 to 6-52, inclusive, and page 7-15, "Risk Assessment
		Guidance for Superfund, Volume I, Human Health Evaluation Manual (Part A)"
		December 1989, United States Environmental Protection Agency, Office of
		Emergency and Remedial Response, 401 M Street, SW (OS-230), Washington, DC
		20460, (202)475-9486. Copies may be obtained from the address listed. Cost:
		$48.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:05 - Remediation criteria for petroleum-contaminated soils › Section 74:56:05:15 - Monitoring wells may be required

Current through Register Vol. 51, page 10, July 15, 2024
Based on site conditions and the presence or suspected presence of
	 groundwater contamination, the department may require the responsible person to
	 install and sample monitoring wells to determine the groundwater gradient and
	 quality. All wells must be drilled and constructed in accordance with chapter
	 74:02:04.
General Authority:
SDCL
		34A-2-93,
		34A-2-99,
		34A-2-101,
		34A-12-7.
Law Implemented:
SDCL
		34A-2-99,
		34A-2-101,
		34A-12-10.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:05 - Remediation criteria for petroleum-contaminated soils › Section 74:56:05:16 - Free phase product removal required

Current through Register Vol. 51, page 10, July 15, 2024
If assessment data indicates the presence of free phase product, the
	 responsible person must immediately remove as much free phase product as
	 practicable.
General Authority:
SDCL
		34A-2-93,
		34A-2-99,
		34A-2-101,
		34A-12-7.
Law Implemented:
SDCL
		34A-2-99,
		34A-2-101,
		34A-12-10.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:05 - Remediation criteria for petroleum-contaminated soils › Section 74:56:05:17 - Corrective action required

Current through Register Vol. 51, page 10, July 15, 2024
If assessment data indicates that petroleum vapors have the potential
	 to adversely affect structures or utilities, the responsible person must
	 determine if adverse affects have occurred. If adverse affects have occurred
	 or, in the opinion of the department, may occur in the future, the responsible
	 person must initiate corrective action consistent with the requirements of this
	 chapter.
General Authority:
SDCL
		34A-2-93,
		34A-2-99,
		34A-2-101,
		34A-12-7.
Law Implemented:
SDCL
		34A-2-99,
		34A-2-101,
		34A-12-10.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:05 - Remediation criteria for petroleum-contaminated soils › Section 74:56:05:18 - Soil remediation or removal requirements

Current through Register Vol. 51, page 10, July 15, 2024
The responsible person must implement corrective action to reduce the
	 risks associated with petroleum-contaminated soils according to the criteria
	 listed in §§
									74:56:05:06 to
	 74:56:05:17, inclusive. If the
	 department determines that these criteria do not apply in some instances, other
	 criteria may be used on a site-specific basis. All contaminant concentrations
	 must be determined in accordance with §§
									74:56:05:04 and
	 74:56:05:05.
If petroleum-contaminated soil is removed from a site, it must be
	 disposed of in accordance with article 74:27.
General Authority:
SDCL
		34A-2-93,
		34A-2-99,
		34A-2-101,
		34A-12-7.
Law Implemented:
SDCL
		34A-2-99,
		34A-2-101,
		34A-12-10.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:05 - Remediation criteria for petroleum-contaminated soils › Section 74:56:05:19 - Visibly contaminated soil in the excavation area

Current through Register Vol. 51, page 10, July 15, 2024
All visibly contaminated soil in the excavation area must be removed
	 and disposed of in accordance with article 74:27.
General Authority:
SDCL
		34A-2-93,
		34A-2-99,
		34A-2-101,
		34A-12-7.
Law Implemented:
SDCL
		34A-2-99,
		34A-2-101,
		34A-12-10.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:05 - Remediation criteria for petroleum-contaminated soils › Section 74:56:05:20 - Unrecoverable petroleum-contaminated soils

Current through Register Vol. 51, page 10, July 15, 2024
If visibly contaminated soils or contaminated soils that exceed the
	 guidelines established in §§
									74:56:05:06 to
	 74:56:05:14, inclusive, are
	 unrecoverable and left in place under buildings, roads, or structures or are in
	 contact with such features as sewer lines, utility lines, and water supply
	 lines, the responsible person must establish a monitoring program consistent
	 with this chapter. If the department determines that contaminated soils left in
	 place are a potential threat to human health and the environment, the
	 responsible person must take measures to protect public health and the
	 environment. Such measures may include in situ remediation, ventilation,
	 removal, or other applicable technologies as they become available. The
	 department may allow soils contaminated above site-specific standards to be
	 left in place if physical constraints, other than those listed in this section,
	 do not allow for complete removal. Contaminated soils left in place may be
	 remediated with department approval in accordance with §§
									74:56:05:06 to
	 74:56:05:14,
	 inclusive.
General Authority:
SDCL
		34A-2-93,
		34A-2-99,
		34A-2-101,
		34A-12-7.
Law Implemented:
SDCL
		34A-2-99,
		34A-2-101,
		34A-12-10.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:05 - Remediation criteria for petroleum-contaminated soils › Section 74:56:05:21 - On-site storage of contaminated soils

Current through Register Vol. 51, page 10, July 15, 2024
The responsible person must dispose of all contaminated soils in
	 accordance with article 74:27. If circumstances prohibit disposal within 72
	 hours after excavation, the responsible person must notify the department and
	 store the contaminated soils on-site as follows:
(1) The responsible person must place all
  contaminated soils on a minimum 10-mil, single-layer or composite, synthetic
  membrane liner. The liner must be installed undamaged on a surface free of
  angular rocks, roots, and other materials that may damage the integrity of the
  liner;
(2) Once the liner has been
  installed the responsible person must dike the liner to prevent surface runoff
  and prevent movement of the liner;
(3) When stockpiling is completed, the
  responsible person must cover soils with a minimum 10-mil, single-layer or
  composite, flexible membrane material that is anchored to the dike.
If contaminated soils are not stored on a hardtop surface, the
	 responsible person must collect one soil sample from beneath the synthetic
	 membrane liner immediately after disposal and have it analyzed for the same
	 constituents for which the stored soils were analyzed.
Contaminated soils may not be stored on-site for more than 30 days. The
	 department may grant 30-day extensions if circumstances prohibit disposal.
	 Trucking distance to a landfill is not an extendable circumstance unless the
	 department is notified of actions being taken by the responsible person to
	 arrange for alternative disposal, such as land farming, and the department is
	 satisfied that a good faith effort is being made.
If contaminated soils are stored on-site for more than 30 days, the
	 responsible person must inspect the flexible membrane material cover every 30
	 days and replace it, if necessary, with a new 10-mil flexible membrane material
	 cover.
General Authority:
SDCL
		34A-2-93,
		34A-2-99,
		34A-2-101,
		34A-12-7.
Law Implemented:
SDCL
		34A-2-99,
		34A-2-101,
		34A-12-10.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:05 - Remediation criteria for petroleum-contaminated soils › Section 74:56:05:22 - Off-site storage of contaminated soils

Current through Register Vol. 51, page 10, July 15, 2024
The department may allow the responsible person to store contaminated
	 soils off-site if the landowner signs an affidavit giving approval for the
	 storage. Off-site storage must comply with the synthetic liner and cover
	 requirements and the sampling requirement outlined in §
									74:56:05:21. Contaminated soils
	 may not be stored off-site for more than 30 days. The department may grant
	 off-site storage extensions for circumstances that prohibit disposal if the
	 landowner also approves of the extension. Trucking distance to a landfill is
	 not an extendable circumstance unless the department is notified of actions
	 being taken by the responsible person to arrange for alternative disposal, such
	 as land farming, and the department is satisfied that a good faith effort is
	 being made.
General Authority:
SDCL
		34A-2-93,
		34A-2-99,
		34A-2-101,
		34A-12-7.
Law Implemented:
SDCL
		34A-2-99,
		34A-2-101,
		34A-12-10.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:05 - Remediation criteria for petroleum-contaminated soils › Section 74:56:05:23 - Alternative storage of contaminated soils

Current through Register Vol. 51, page 10, July 15, 2024
The department may allow other types of storage areas if they meet or
	 exceed the requirements of this chapter.
General Authority:
SDCL
		34A-2-93,
		34A-2-99,
		34A-2-101,
		34A-12-7.
Law Implemented:
SDCL
		34A-2-99,
		34A-2-101,
		34A-12-10.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:05 - Remediation criteria for petroleum-contaminated soils › Section 74:56:05:24 - Closed-site data base

Current through Register Vol. 51, page 10, July 15, 2024
The department shall maintain a data base of all closed
	 petroleum-contaminated soils sites. The data base shall contain the location of
	 the site, the persons responsible for the corrective action, and the contractor
	 who performed the assessment and corrective action. If the site was closed
	 through risk-based corrective action as provided for in this chapter, the data
	 base shall include the land use for the site upon which the risk-based
	 corrective action was determined. The department shall maintain a telephone
	 number to provide this information to lenders, purchasers, zoning officials,
	 and other interested parties. Normal business hours are 8:00 am to 12:00 noon
	 and 1:00 pm to 5:00 pm, central time, Monday through Friday.
General Authority:
SDCL
		34A-2-93,
		34A-2-99,
		34A-2-101,
		34A-12-7.
Law Implemented:
SDCL
		34A-2-93,
		34A-2-99,
		34A-2-101,
		34A-12-10.
Note:
Contact (605)773-3296 for information on this data
		base.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:57 - Concentrated animal feeding operations › Chapter 74:57:01 - Inspections of concentrated animal feeding operations › Section 74:57:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words and phrases defined in SDCL chapter 34A-2 have the same meaning
	 when used in this chapter. Terms used in this chapter mean:
(1) "Manure management system," any piping,
  containment structures, or disposal appurtenances associated with the
  collection, storage, treatment, and disposal of manure or wastewater at a
  concentrated animal feeding operation; and
(2) "Secretary," the secretary of the South
  Dakota Department of Environment and Natural Resources, or an authorized
  representative.
General Authority:
SDCL
		1-40-38.
Law Implemented:
SDCL
		1-40-38,
		34A-2-45,
		34A-2-46
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:57 - Concentrated animal feeding operations › Chapter 74:57:01 - Inspections of concentrated animal feeding operations › Section 74:57:01:02 - Scope

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may inspect all concentrated animal feeding operations,
	 records, and reports necessary under SDCL chapter 34A-2 or this article. The
	 scope of an inspection is limited to that reasonably necessary to ensure that
	 pollution of waters of the state and other natural resources is not occurring,
	 that reports filed with the secretary are accurate, and that the operation is
	 being conducted pursuant to the permits, approvals, or orders required by SDCL
	 chapter 34A-2 or this article.
The secretary only has access to the inside of an animal confinement
	 building if access is necessary in order to determine compliance with a water
	 pollution control permit under SDCL chapter 34A-2. If access is necessary, the
	 secretary shall abide by all security measures implemented by the producer to
	 ensure protection of the health of the animals at the animal feeding
	 operation.
General Authority:
SDCL
		1-40-38.
Law Implemented:
SDCL
		1-40-38,
		34A-2-45,
		34A-2-46
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:57 - Concentrated animal feeding operations › Chapter 74:57:01 - Inspections of concentrated animal feeding operations › Section 74:57:01:03 - Construction inspections

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator of any concentrated animal feeding operation that
	 is required to operate under a general permit or individual water pollution
	 control permit under SDCL chapter 34A-2 or is required to obtain approval of
	 plans and specifications under SDCL
	 34A-2-27 shall notify the
	 secretary when construction of the manure management system begins. The owner
	 or operator shall also notify the secretary at least 30 days before placing
	 animals in the facility. The secretary shall conduct a construction inspection
	 within this 30-day period, if one has not already been completed. The owner or
	 operator may not place animals in the facility until the secretary conducts a
	 construction inspection. No deviations from the approved plans and
	 specifications for the manure management system are allowed unless the
	 secretary has granted prior approval.
General Authority:
SDCL
		1-40-38.
Law Implemented:
SDCL
		1-40-38,
		34A-2-45,
		34A-2-46
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:57 - Concentrated animal feeding operations › Chapter 74:57:01 - Inspections of concentrated animal feeding operations › Section 74:57:01:04 - Annual inspections

Current through Register Vol. 51, page 10, July 15, 2024
At a minimum, the secretary shall conduct annual inspections of
	 concentrated animal feeding operations with at least twice the maximum number
	 of animals permitted than the minimum number required to be a large
	 concentrated animal feeding operation.
General Authority:
SDCL
		1-40-38.
Law Implemented:
SDCL
		1-40-38,
		34A-2-45,
		34A-2-46
Additional requirements for concentrated animal feeding operations,
		§
											74:52:02:22.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:57 - Concentrated animal feeding operations › Chapter 74:57:01 - Inspections of concentrated animal feeding operations › Section 74:57:01:05 - Triennial inspections

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall conduct inspections of all concentrated animal
	 feeding operations required to operate under a general or individual water
	 pollution control permit under SDCL chapter 34A-2 at least one time every three
	 years of operation. The secretary shall inspect new animal feeding operations
	 within the first 18 months of operation.
General Authority:
SDCL
		1-40-38.
Law Implemented:
SDCL
		1-40-38,
		34A-2-45,
		34A-2-46
Additional requirements for concentrated animal feeding operations,
		§
											74:52:02:22.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:57 - Concentrated animal feeding operations › Chapter 74:57:01 - Inspections of concentrated animal feeding operations › Section 74:57:01:06 - Closure inspections

Current through Register Vol. 51, page 10, July 15, 2024
The producer shall notify the secretary if coverage under a water
	 pollution control permit is no longer necessary or if the feeding operation is
	 no longer in operation. Upon receipt of this notice, the secretary shall
	 conduct an inspection of the animal feeding operation before terminating
	 coverage under the water pollution control permit. The secretary may not
	 terminate coverage under any water pollution control permit unless all permit
	 conditions have been met for closure of the operation.
General Authority:
SDCL
		1-40-38.
Law Implemented:
SDCL
		1-40-38,
		34A-2-45,
		34A-2-46
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:57 - Concentrated animal feeding operations › Chapter 74:57:01 - Inspections of concentrated animal feeding operations › Section 74:57:01:07 - Permission

Current through Register Vol. 51, page 10, July 15, 2024
For concentrated animal feeding operations, all applications for water
	 pollution control permits or plans and specifications approvals shall contain a
	 notarized statement by the owner or operator granting permission to the
	 secretary for the performance of the inspections under this chapter. If the
	 owner or operator withdraws the permission to inspect the animal feeding
	 operation, the secretary or water management board may revoke or suspend the
	 permit or approval in accordance with §
									74:57:01:10.
General Authority:
SDCL
		1-40-38.
Law Implemented:
SDCL
		1-40-38,
		34A-2-45,
		34A-2-46
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:57 - Concentrated animal feeding operations › Chapter 74:57:01 - Inspections of concentrated animal feeding operations › Section 74:57:01:08 - Search warrants

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall obtain a search warrant from the magistrate court
	 in the area of the affected concentrated animal feeding operation before
	 conducting an inspection if the owner or operator has withdrawn permission to
	 inspect, unless the alleged violation can be detected by the secretary without
	 entering the owner's or operator's property. If the secretary is conducting an
	 inspection in response to a complaint alleging waste, pollution, or
	 noncompliance with the provisions of SDCL chapter 34A-2 or this article, the
	 secretary may conduct an inspection only if the owner or operator consents to
	 the inspection or if a search warrant is obtained.
General Authority:
SDCL
		1-40-38.
Law Implemented:
SDCL
		1-40-38,
		34A-2-45,
		34A-2-46
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:57 - Concentrated animal feeding operations › Chapter 74:57:01 - Inspections of concentrated animal feeding operations › Section 74:57:01:09 - Enforcement

Current through Register Vol. 51, page 10, July 15, 2024
Enforcement for concentrated animal feeding operations shall be in
	 accordance with SDCL chapter 34A-2. Enforcement tools that may be used by the
	 secretary, as appropriate, include warning letters, notice of violations,
	 orders, and civil and criminal penalties. In accordance with §
									74:57:01:10, the secretary may
	 also suspend, modify, or revoke a permit for a violation.
General Authority:
SDCL
		1-40-38.
Law Implemented:
SDCL
		1-40-38,
		34A-2-45,
		34A-2-46
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:57 - Concentrated animal feeding operations › Chapter 74:57:01 - Inspections of concentrated animal feeding operations › Section 74:57:01:10 - Appeals process

Current through Register Vol. 51, page 10, July 15, 2024
If the secretary recommends the revocation, suspension, or modification
	 of a permit, the secretary shall give written notice of the action to the
	 permit holder. The permit holder may request a hearing before the secretary.
	 The hearing shall be held within thirty days of receipt of the written request.
	 The secretary may affirm, modify, or reverse the initial decision based upon
	 the evidence presented at the hearing.
General Authority:
SDCL
		1-40-38.
Law Implemented:
SDCL
		1-40-38,
		34A-2-50.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter A - GENERAL GRANT PROGRAM PROVISIONS › Section 3.1 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
Subchapters A through F of this chapter apply to all
					 applications for funding and grants submitted to the Public Safety Office
					 (PSO), Office of the Governor (OOG). A PSO-funded grantee must comply with the
					 provisions of Subchapters A through F in effect on the date the grant is
					 awarded by the OOG, unless a sbsequent effective date is specified by the OOG
					 in an original grant award or a grant adjustment. Grantees must comply with all
					 applicable state and federal statutes, rules, regulations, and guidelines. In
					 instances where both federal and state requirements apply to a grantee, the
					 more restrictive requirement applies.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter A - GENERAL GRANT PROGRAM PROVISIONS › Section 3.5 - Submission Process

Current through Reg. 49, No. 28; July 12, 2024
(a) When applying
				  for a grant pursuant to a RFA published by the PSO in either eGrants or the
Texas Register,
applicants must submit and certify their
				  applications according to the requirements provided in the RFA.
(b) Applications for grants that are not
				  submitted pursuant to an RFA may also be considered. Applicants shall be
				  selected in accordance with §
										RSA
				  3.7(b) of this chapter
				  (relating to Selection Process).
(c) Applicants must apply for funds using the
				  procedures, forms, and certifications prescribed by PSO.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter A - GENERAL GRANT PROGRAM PROVISIONS › Section 3.7 - Selection Process

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				  applications must be submitted and certified by the applicant's authorized
				  official. For applications submitted and certified pursuant to an RFA, the PSO
				  may select a review group, COG, or other designee to prioritize the
				  applications and submit a priority listing to the PSO.
(b) PSO funding decisions shall be based upon
				  the following factors:
(1) cost
				  effectiveness;
(2) overall funding
				  availability;
(3) PSO or state
				  government priorities and strategies;
(4) legislative directives;
(5) identified gaps in services or
				  resources;
(6) geographic
				  distributions;
(7) the inherent
				  value of the project's impact;
(8)
				  whether the project has the potential to be a model program;
(9) whether delaying the project would have a
				  significant negative impact on the area proposed to be served; and
(10) to the extent applicable, any additional
				  factors listed in an RFA.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter A - GENERAL GRANT PROGRAM PROVISIONS › Section 3.9 - Funding Decisions

Current through Reg. 49, No. 28; July 12, 2024
(a) All funding
				  decisions made by the OOG are final and are not subject to appeal. The receipt
				  of an application does not obligate the OOG to fund the grant or to fund it at
				  the amount requested.
(b) Neither
				  the approval of a project nor any grant award shall obligate the OOG in any way
				  to make any additional, supplemental, continuation, or other award.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter A - GENERAL GRANT PROGRAM PROVISIONS › Section 3.11 - Grant and Supplemental Award Acceptance

Current through Reg. 49, No. 28; July 12, 2024
The award documentation constitutes obligation of funds for
					 use by the grantee in execution of the program or project covered by the award.
					 Such obligation may be terminated without cause if the grantee's authorized
					 official fails to accept the grant award within 45 calendar days of the date on
					 which the OOG issues the Statement of Grant Award. PSO may extend this deadline
					 upon written request from the applicant. Funds shall not be disbursed until
					 acceptance of the grant by the grantee's authorized official.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter A - GENERAL GRANT PROGRAM PROVISIONS › Section 3.21 - Use of the Internet

Current through Reg. 49, No. 28; July 12, 2024
Applicants and grantees must submit grant applications,
					 progress reports, financial reports, and other information, as applicable, to
					 PSO via the Internet or other electronic means.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter A - GENERAL GRANT PROGRAM PROVISIONS › Section 3.23 - Delegation of Authority

Current through Reg. 49, No. 28; July 12, 2024
The executive director may delegate his or her authority or
					 PSO's authority under this chapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter A - GENERAL GRANT PROGRAM PROVISIONS › Section 3.25 - Suspension of Rules

Current through Reg. 49, No. 28; July 12, 2024
Except where prohibited by state or federal statute or rule
					 the executive director may suspend any requirement in this chapter on a showing
					 of good cause.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter B - GRANT BUDGET REQUIREMENTS › Section 3.73 - Matching Funds Policy

Current through Reg. 49, No. 28; July 12, 2024
(a) If matching
				  funds are required on a grant, an applicant must ensure that it possesses or
				  can acquire the require matching funds. A contractor or participating entity
				  may contribute toward the matching funds requirement, but the applicant bears
				  the responsibility for satisfying the matching funds requirement.
(b) Matching funds may either be cash or
				  in-kind. Cash match includes actual cash spent by the grantee and must have a
				  cost relationship to the award that is being matched. In-kind match includes
				  the value of donated services. An applicant's use of matching funds must comply
				  with the same statutes, rules, regulations, and guidelines applicable to the
				  use of the OOG-funded portion of a grant project.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter B - GRANT BUDGET REQUIREMENTS › Section 3.75 - Personnel

Current through Reg. 49, No. 28; July 12, 2024
(a) PSO shall
				  determine the reasonableness of requested salaries and reserves the right to
				  limit the OOG-financed portion of any salary.
(b) The OOG shall not pay any portion of the
				  salary of, or any other compensation for, an elected or appointed government
				  official.
(c) Compensation for
				  grant-funded employees must be comparable to that of non-grant-funded employees
				  performing similar work duties.
(d)
				  Grantees may use grant funds to compensate staff members leaving employment for
				  accrued leave (which includes, but is not limited to, annual leave,
				  compensatory time, and sick leave) in accordance with the grantee's policy.
				  These payments may only fund leave earned during the current grant period. The
				  proportion of grant funds used to pay for leave cannot exceed the proportion of
				  grant funds used to pay the staff member's salary.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter B - GRANT BUDGET REQUIREMENTS › Section 3.77 - Professional and Contractual Services

Current through Reg. 49, No. 28; July 12, 2024
Grantees must establish a contract administration system to
					 consistently ensure that contract deliverables are being provided as specified
					 in the contracts.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter B - GRANT BUDGET REQUIREMENTS › Section 3.79 - Travel and Training

Current through Reg. 49, No. 28; July 12, 2024
(a) Grant funds
				  used for travel expenses must be used only in accordance with the grantee's
				  established travel policies. If a grantee does not have established travel
				  policies, then the grantee must use rates that are consistent with the state
				  travel guidelines.
(b) Grantees
				  must maintain records that properly document the completion of all grant-funded
				  training courses.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter B - GRANT BUDGET REQUIREMENTS › Section 3.81 - Equipment

Current through Reg. 49, No. 28; July 12, 2024
Applicants must include a detailed description of all
					 proposed equipment purchases in their grant applications for approval. Grantees
					 must request any additional equipment purchases through grant
					 adjustments.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter B - GRANT BUDGET REQUIREMENTS › Section 3.83 - Supplies and Direct Operating Expenses

Current through Reg. 49, No. 28; July 12, 2024
Supplies and direct operating expenses are costs directly
					 related to the grantee's day-to-day operation of the grant project that are not
					 included in any of the grantee's other approved budget
					 categories.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter B - GRANT BUDGET REQUIREMENTS › Section 3.85 - Indirect Costs

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  applicant has an approved federally-recognized indirect cost rate negotiated
				  between the applicant and the federal government and seeks to charge indirect
				  costs to the grant, the applicant shall identify the indirect cost rate and
				  provide supporting documentation as part of the application.
(b) If the applicant has a state-approved
				  indirect cost rate negotiated between the applicant and the applicable state
				  agency and seeks to charge indirect costs to the grant, the applicant shall
				  identify the indirect cost rate and provide supporting documentation as part of
				  the application.
(c) If the
				  applicant has never received a federally-recognized or state-approved indirect
				  cost rate, indirect costs may be approved in the grant project in an amount not
				  to exceed ten percent of the approved modified total direct costs.
(d) Unless otherwise specified, indirect
				  costs are allowable under PSO grants in accordance with applicable state and
				  federal guidelines.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter B - GRANT BUDGET REQUIREMENTS › Section 3.87 - Program Income

Current through Reg. 49, No. 28; July 12, 2024
Earned program income must be reported to PSO. Program
					 income may only be used, with prior approval from PSO, for allowable project
					 costs as reflected in an approved budget. Grantees may not carry forward
					 program income from one grant year to the next. Grantees must refund to the OOG
					 any program income remaining at the end of the grant period.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter D - CONDITIONS OF GRANT FUNDING › Section 3.2001 - Conditions of Funding

Current through Reg. 49, No. 28; July 12, 2024
When PSO determines that a grantee has failed to submit the
					 necessary information or has failed to comply with any applicable statute,
					 rule, regulation, guideline, or requirement, PSO may place a condition of
					 funding on the grant which may invoke a hold on funds.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter D - CONDITIONS OF GRANT FUNDING › Section 3.2009 - Cooperative Working Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  When a grantee intends to carry out a grant project by cooperating or
				  participating with one or more outside organizations, the grantee must ensure
				  that the cooperative working agreement is signed by each participating
				  organization. Grantees must maintain on file a signed copy of all cooperative
				  working agreements.
(b) Cooperative
				  working agreements do not involve an exchange of funds.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter D - CONDITIONS OF GRANT FUNDING › Section 3.2013 - Pre-Approval Requirements for Procurement

Current through Reg. 49, No. 28; July 12, 2024
(a) A grantee must submit a PSO-prescribed
				  Procurement Questionnaire when any procurement is expected to exceed the
				  simplified acquisition threshold or upon request. PSO may also request all
				  related procurement documentation, such as requests for proposals, invitations
				  for bids, or independent cost estimates.
(b) Grantees may not divide purchases or
				  contracts to avoid the requirements of this section. For purposes of
				  determining compliance, PSO shall consider groups of contracts with a single
				  vendor or groups of purchases for the same or similar items as a single
				  procurement.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter D - CONDITIONS OF GRANT FUNDING › Section 3.2021 - Resolutions

Current through Reg. 49, No. 28; July 12, 2024
(a) Applications
				  from non-profit corporations, local units of governments and other political
				  subdivisions must include a resolution that contains the following:
(1) authorization for the submission of the
				  application that clearly identifies the project for which funding is
				  requested;
(2) a commitment to
				  provide for all applicable matching funds;
(3) a designation of the name or title of an
				  authorized official who is given the power to apply for, accept, reject, alter,
				  or terminate a grant; and
(4) a
				  written assurance that, in the event of loss or misuse of grant funds, the
				  governing body shall return all funds to the OOG.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter D - CONDITIONS OF GRANT FUNDING › Section 3.2023 - Tax-Exempt and Nonprofit Information

Current through Reg. 49, No. 28; July 12, 2024
All nonprofit corporations must submit with their
					 application, information about the agency's fiscal capability, including
					 information from the Internal Revenue Service granting the corporation
					 tax-exempt status.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter D - CONDITIONS OF GRANT FUNDING › Section 3.2025 - Civil Rights Liaison

Current through Reg. 49, No. 28; July 12, 2024
If applicable, an applicant must certify that the applicant
					 has designated a civil rights liaison during the application process. The civil
					 rights liaison shall serve as the grantee's civil rights point of contact and
					 has the responsibility for ensuring that the grantee meets all applicable civil
					 rights requirements. The designee shall act as the grantee's liaison in civil
					 rights matters with the OOG and with the federal Office of Justice
					 Programs.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter E - ADMINISTERING GRANTS › Section 3.2501 - Grant Officials

Current through Reg. 49, No. 28; July 12, 2024
(a) Each grant must
				  have a project director, financial officer, and authorized official. No person
				  shall serve in more than one capacity.
(b) Each grant official must have an e-mail
				  address and access to the Internet.
(c) A grantee shall notify PSO within 20
				  calendar days of any change in the designated project director, financial
				  officer, or authorized official; any change in the mailing address, e-mail
				  address, fax number, or telephone number of each grant official and any change
				  in the grantee's physical address.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter E - ADMINISTERING GRANTS › Section 3.2503 - Obligating Funds

Current through Reg. 49, No. 28; July 12, 2024
A grantee may not obligate grant funds before the beginning
					 or after the end of the grant period specified in an original grant award or a
					 subsequent grant adjustment.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter E - ADMINISTERING GRANTS › Section 3.2505 - Retention of Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Grantees
				  must maintain all financial records, supporting documents, statistical records,
				  and all other records pertinent to the award for at least three years following
				  the submission of a final expenditure report or the closure of the most recent
				  audit report, whichever is later. Grantees may retain records in an electronic
				  format. All records are subject to audit or monitoring during the entire
				  retention period.
(b) Grantees must
				  retain records for equipment, non-expendable personal property, and real
				  property for a period of three years from the date of the item's disposition,
				  replacement, or transfer.
(c) If
				  any litigation, claim, or audit is started before the expiration of the
				  three-year records retention period, the grantee must retain the records under
				  review until the completion of the action and resolution of all issues which
				  arise from it or until the end of the regular three-year period, whichever is
				  later.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter E - ADMINISTERING GRANTS › Section 3.2507 - Financial Status Reports

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Each grantee must submit financial status reports to PSO in the PSO-prescribed
				  format no later than the designated deadlines for their submission.
(b) A financial status report reflecting
				  cumulative expenditures from the start of the grant may be submitted as often
				  as monthly but must be submitted at least quarterly. Grantees may only request
				  an advance payment during the first month of the grant period to cover the
				  first month's expenses.
(c)
				  Grantees must ensure their final financial status report is submitted no later
				  than the liquidation date or funds shall lapse and revert to the grantor
				  agency. If grant funds are on hold for any reason, these funds shall lapse on
				  the liquidation date and the grantee cannot recover them. The OOG shall not
				  make payments to grantees that submit their final financial status report after
				  the liquidation date.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter E - ADMINISTERING GRANTS › Section 3.2509 - Equipment Inventory Reports

Current through Reg. 49, No. 28; July 12, 2024
Grantees must maintain on file a current inventory report
					 of all equipment purchased with grant funds during the grant period. This
					 report must reconcile with the approved grant budget and the final financial
					 status report, and must contain all required PSO data
					 elements.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter E - ADMINISTERING GRANTS › Section 3.2513 - Grant Adjustments

Current through Reg. 49, No. 28; July 12, 2024
(a) The project
				  director, financial officer, or authorized official may submit requests for
				  grant adjustments.
(b) Adjustments
				  consisting of increases or decreases in the amount of a grant or the
				  reallocation of grant funds among or within approved budget categories are
				  allowable only with prior PSO approval.
(c) Programmatic changes, such as requests to
				  revise the scope, target, or focus of the project, or alter project activities
				  require prior approval from PSO. Requests to extend the grant period must be
				  submitted to and received by PSO, no later than the last day of the grant
				  period.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter E - ADMINISTERING GRANTS › Section 3.2515 - Bonding

Current through Reg. 49, No. 28; July 12, 2024
Each nonprofit corporation receiving funds from the OOG
					 must obtain and have on file a blanket fidelity bond that indemnifies the OOG
					 against the loss and theft of the entire amount of grant funds. The cost of the
					 bond is an eligible expense of the grant.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter E - ADMINISTERING GRANTS › Section 3.2517 - Remedies for Noncompliance

Current through Reg. 49, No. 28; July 12, 2024
If a grantee fails to comply with any term or condition of
					 a grant or any applicable statutes, rules, regulations, or guidelines, the OOG
					 may:
(1) withhold all grant payments
				  to a specific project or withhold all grant payments to all grant projects
				  awarded to the grantee pending correction of the deficiency;
(2) disallow all or part of the cost of the
				  activity or action that is not in compliance;
(3) withhold further grants from the program
				  or grantee;
(4) terminate the grant
				  in whole or in part; or
(5)
				  exercise other legal remedies.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter E - ADMINISTERING GRANTS › Section 3.2519 - Grant Reduction or Termination

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  If a grantee seeks to terminate any approved grant, it must notify the OOG
				  immediately.
(b) The OOG may reduce
				  or terminate any grant when circumstances require reduction or termination,
				  including, but not limited to when:
(1) a
				  grantee fails to comply with any term or condition of the grant or the grantee
				  has failed to comply with any applicable statute, rule, regulation, or
				  guideline;
(2) the grantee and the
				  OOG agree to do so;
(3) state or
				  federal funds are no longer available to the OOG;
(4) conditions exist that make it unlikely
				  that grant objectives will be accomplished; or
(5) the grantee has acted in bad
				  faith.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter E - ADMINISTERING GRANTS › Section 3.2521 - Payment of Outstanding Liabilities

Current through Reg. 49, No. 28; July 12, 2024
Grantees must expend all outstanding liabilities no later
					 than the liquidation date of the grant period specified in an original grant
					 award or a subsequent grant adjustment. All payments made after the completion
					 of the grant period must relate to obligations incurred during the grant
					 period.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 3 - PUBLIC SAFETY OFFICE › Subchapter E - ADMINISTERING GRANTS › Section 3.2523 - Violations of Laws

Current through Reg. 49, No. 28; July 12, 2024
(a) A grantee must
				  immediately notify the OOG in writing of any legal violations.
(b) A grantee must immediately notify the OOG
				  in writing if a project or project personnel become involved in any civil or
				  criminal litigation and the grantee must immediately forward a copy of any
				  demand notices, subpoenas, lawsuits, or indictments to the OOG.
(c) If a federal or state court or
				  administrative agency renders a judgment or order finding discrimination by a
				  grantee based on race, color, national origin, sex, age, or disability, the
				  grantee must immediately forward a copy of the judgment or order to the
				  OOG.
(d) If any records are seized
				  from a grantee by a law enforcement agency, or a state or federal agency, the
				  grantee must immediately notify the OOG in writing of the seizure and must
				  retain copies of the seized records.