South Dakota Administrative Code

74:05:05:21.01. Vermillion Basin water development district director areas. The director areas of the Vermillion Basin water development district are as follows: (1) Director 1: representing Vermillion VTD-precincts Central C-2, Northwest-NW1, and Northwest-NW2; and those portion…

Rule 74:05:05:22 Run-off election precincts, polling places, and officials. 74:05:05:22. Run-off election precincts, polling places, and officials. The election precincts, polling places, and election precinct officials for the purposes of a run-off election in a director area ar…

Rule 74:05:05:23 Notice of run-off election. 74:05:05:23. Notice of run-off election. Notice of the run-off election for a director area shall be published at least once in a newspaper selected by the Department of Agriculture and Natural Resources in each affected county. The ne…

Rule 74:05:05:24 Run-off ballots. 74:05:05:24. Run-off ballots. The Board of Water and Natural Resources shall furnish ballots for the run-off election to the respective county auditors in the same manner as for the initial election. Source: 11 SDR 72, effective November 25, 1984…

Rule 74:05:07:01 Definitions. 74:05:07:01. Definitions. Words defined in SDCL 46A-1-3 and 46A-2-4 have the same meaning when used in this chapter. In addition, terms used in this chapter mean: (1) "Applicant," the sponsoring entity applying for funding to construct a water resour…

Rule 74:05:07:02 Eligibility. 74:05:07:02. Eligibility. A facility is eligible for funding under the consolidated water facilities construction program, established in SDCL 46A-1-63.1, if the facility is included in the state water facilities plan, as required by SDCL 46A-1-63.1,…

Rule 74:05:07:03 Application restrictions. 74:05:07:03. Application restrictions. Eligible entities may apply only if the preliminary design or watershed assessment stage has been completed. Costs associated with the watershed assessment stage may not be considered as local cost …

Rule 74:05:07:04 Repealed. 74:05:07:04. Distribution of returned funds.Repealed. Source: 13 SDR 23, effective September 3, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 202, effective July 4, 1993; repealed, 28 SDR 95, effective December 19, 2001.

Rule 74:05:07:05 Repealed. Repealed. 74:05:07:05. Distribution of uncommitted funds. Repealed. Source: 13 SDR 23, effective September 3, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 202, effective July 4, 1993; repealed, 40 SDR 14, effective July 29, 2013.

Rule 74:05:07:06 Repealed. 74:05:07:06. Size and type of awards. Repealed. Source: 13 SDR 23, effective September 3, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 202, effective July 4, 1993; 21 SDR 97, effective November 28, 1994; 28 SDR 95, effective December 19,…

Rule 74:05:07:07 Application cycles. 74:05:07:07. Application cycles. Applications are due on the first day of January, April, July, and October. Applications must be postmarked or delivered to the department no later than the day on which applications are due. The board may cons…

Rule 74:05:07:08 Applications. 74:05:07:08. Applications. Each applicant shall submit an application on forms provided by the department. The applicant may arrange with the department for a preapplication conference to provide for orderly application preparation. After the applic…

Rule 74:05:07:08.01 Application review. 74:05:07:08.01. Application review. The secretary shall review an application for completeness in accordance with the guidelines in § 74:05:07:08. The secretary shall notify the applicant within 30 days after the application deadline that t…

Rule 74:05:07:09 Authority and responsibility. 74:05:07:09. Authority and responsibility. Each applicant must demonstrate to the board that it has the legal authority and financial ability necessary for constructing, operating, repairing, and maintaining the proposed facility or …

Rule 74:05:07:10 Eligible use of funds. 74:05:07:10. Eligible use of funds. The board may award funds for facilities included in the state water facilities plan for one or more of the following uses: (1) To improve, restore, enlarge, extend, construct, or protect facilities, lake…

Rule 74:05:07:11 Factors for decision making. 74:05:07:11. Factors for decision making. In exercising its discretion in determining whether to award funding for a project, the board may consider the factors described in this section. Assistance recipients that meet the minimum es…

Rule 74:05:07:12 Decisions on applications. 74:05:07:12. Decisions on applications. Within 120 days after applications are presented, the board shall either disapprove the application or by resolution approve the application as requested or as modified by the board. The board may…

Rule 74:05:07:13 Security. 74:05:07:13. Security. The funding agreement for a loan must contain specific requirements to secure the loan. The loan may be secured by one or more of the following: (1) Full faith and credit of the borrower; (2) Pledges of taxes or assessments; (3) P…

Rule 74:05:07:14 Time restrictions. 74:05:07:14. Time restrictions. The recipient shall expend the funds awarded to it within four years from the date the board awarded financial assistance. Source: 13 SDR 23, effective September 3, 1986; 13 SDR 129, 13 SDR 141, effective July 1,…

Rule 74:05:07:15 Terms and conditions of grants and loans. 74:05:07:15. Terms and conditions of grants and loans. The board shall establish in the funding agreement provided for in § 74:05:07:20 the terms and conditions of grants and loans made through the consolidated water faci…

Rule 74:05:07:15.01 Loan interest rates. 74:05:07:15.01. Loan interest rates. The board shall set the interest rates for the consolidated water facilities construction program based on the following: (1) Current market rates; (2) Current rate of alternative federal or state progr…

Rule 74:05:07:16 Repealed. 74:05:07:16. Review of financial status. Repealed. Source: 13 SDR 23, effective September 3, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 202, effective July 4, 1993; repealed, 40 SDR 14, effective July 29, 2013.

Rule 74:05:07:17 Repealed. 74:05:07:17. Environmental impact statement. Repealed. Source: 13 SDR 23, effective September 3, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 202, effective July 4, 1993; repealed, 40 SDR 14, effective July 29, 2013.

Rule 74:05:07:18 Transferred. 74:05:07:18. Transferred to § 74:05:07:08.

Rule 74:05:07:19 Lease agreements. 74:05:07:19. Lease agreements. If the right of use or control of real property not owned by the sponsoring entity is essential to the operation of the facility during the life of the funding agreement, this right must be evidenced by written agr…

Rule 74:05:07:20 Funding agreements. 74:05:07:20. Funding agreements. If an application is approved for funding, the board shall execute a funding agreement with the sponsoring entity which may include in its provisions the following requirements of the sponsoring entity: (1) To …

Rule 74:05:07:21 Repealed. 74:05:07:21. Deposit of contributed funds.Repealed. Source: 13 SDR 23, effective September 3, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; repealed, 19 SDR 102, effective January 17, 1993.

Rule 74:05:07:22 Repealed. 74:05:07:22. Evidence of other funding sources.Repealed. Source: 13 SDR 23, effective September 3, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 202, effective July 4, 1993; 21 SDR 97, effective November 28, 1994; repealed, 28 SDR 95, eff…

Rule 74:05:07:23 Disbursement of funds. 74:05:07:23. Disbursement of funds. The department shall disburse funds as costs are incurred. Total payments provided may not exceed the percentage provided in the award agreement. Source: 13 SDR 23, effective September 3, 1986; 13 SDR 129…

Rule 74:05:07:24 Repealed. 74:05:07:24. Land surveys and engineering plans. Repealed. Source: 13 SDR 23, effective September 3, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 102, effective January 17, 1993; 19 SDR 202, effective July 4, 1993; 21 SDR 97, effective N…

Rule 74:05:07:25 Facility monitoring. 74:05:07:25. Facility monitoring. The board or its designated agent shall reach any needed agreement with the sponsoring entity and the representatives of other sources of funds concerning the sponsoring entity's responsibilities for handling…

Rule 74:05:07:26 Recipient accounting methods. 74:05:07:26. Recipient accounting methods. Each recipient shall maintain accounting records in accordance with applicable financial and reporting standards as set forth in the funding agreement. Each recipient shall retain all record…

Rule 74:05:07:27 Repealed. 74:05:07:27. Filing of plans. Repealed. Source: 13 SDR 23, effective September 3, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 19 SDR 202, effective July 4, 1993; repealed, 33 SDR 106, effective December 26, 2006.

74:05:08:01. Definitions. Terms used in this chapter that are not defined in this section have the meaning given by the Clean Water Act. The following terms used in this chapter mean: (1) "Act," "Clean Water Act," the federal Water Pollution Control Act Amendments of 1987, as ame…

74:05:08:02. Eligibility. A facility is eligible for funding under the SRF program, established in SDCL 46A-1-60.1, if the facility is: (1) Included in the state water facilities plan before submittal of the application; (2) On the current, approved IUP and project priority list;…

Rule 74:05:08:03 Project priority determined by points. 74:05:08:03. Project priority determined by points. The board shall award points according to § 74:05:08:03.01 to determine the priority of construction needs. The priority list shall be part of the intended use plan. It is …

74:05:08:03.01. Project priority rating system. Each potential project is assigned points based on the criteria in the following table: Priority Criteria Priority Points (1) Project Type Criteria (points may be awarded to only one criterion - 2 to 10 points) (a) Wastewater treatm…

Rule 74:05:08:03.02 Repealed. 74:05:08:03.02. Green infrastructure priority points. Repealed. Source: 36 SDR 208, effective June 28, 2010; repealed, 41 SDR 173, effective May 11, 2015.

Rule 74:05:08:04 Amendment of priority list. 74:05:08:04. Amendment of priority list. The board may add a project to the priority list established pursuant to § 74:05:08:03 at any board meeting if the action is included on the agenda posted for the meeting. The department shall a…

Rule 74:05:08:04.01 Priority list bypass procedures. 74:05:08:04.01. Priority list bypass procedures. Projects are funded based on their project priority rating. Projects with the highest priority rating that have submitted a complete application and demonstrated adequate capacit…

Rule 74:05:08:05 Annual preparation of IUP. 74:05:08:05. Annual preparation of IUP. Preparation of the IUP begins after the state water plan application deadline of October 1 of each year. Upon tentative completion of the annual preparation of the proposed IUP by the secretary, t…

Rule 74:05:08:06 Amendment of IUP. 74:05:08:06. Amendment of IUP. The board may amend the IUP at any board meeting if the proposed action is included on the agenda posted for the meeting. Source: 15 SDR 20, effective August 7, 1988; 21 SDR 97, effective November 28, 1994; 28 SDR …

Rule 74:05:08:07 Deadline for application. 74:05:08:07. Deadline for application. Applications are due on the first 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 pre…

Rule 74:05:08:08 Reserve for water quality grants. 74:05:08:08. Reserve for water quality grants. The board may designate a portion of the SRF excess administrative expense surcharge for water quality grants for each federal fiscal year. The amount designated by the board and the…

Rule 74:05:08:09 Repealed. 74:05:08:09. Application restrictions. Repealed. Source: 15 SDR 20, effective August 7, 1988; 19 SDR 102, effective January 17, 1993; 21 SDR 97, effective November 28, 1994; 28 SDR 4, effective July 22, 2001; 29 SDR 87, effective December 22, 2002; repe…

Rule 74:05:08:10 Repealed. 74:05:08:10. Project priority list removal procedure.Repealed. Source: 15 SDR 20, effective August 7, 1988; repealed, 21 SDR 97, effective November 28, 1994.

Rule 74:05:08:11 Repealed. 74:05:08:11. Project to be approved before construction. Repealed. Source: 15 SDR 20, effective August 7, 1988; 19 SDR 102, effective January 17, 1993; 21 SDR 97, effective November 28, 1994; 28 SDR 95, effective December 19, 2001; 33 SDR 106, effective…

Rule 74:05:08:12 Financial assistance approval criteria. 74:05:08:12. Financial assistance approval criteria. 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 t…

Rule 74:05:08:12.01 Principal forgiveness as part of assistance agreements. 74:05:08:12.01. Principal forgiveness as part of assistance agreements. Assistance recipients described in § 74:05:08:02 that meet the affordability criteria described in § 74:05:08:12.03 and minimum esta…

Rule 74:05:08:12.02 Principal forgiveness amount determination. 74:05:08:12.02. Principal forgiveness amount determination. In exercising its discretion in determining the amount of principal forgiveness, the board may consider the following decision-making factors, which are set…