South Dakota Administrative Code

74:05:08:12.03. Affordability criteria to determine principal forgiveness eligibility. All applicants will be awarded points to determine principal forgiveness eligibility as follows: five points if an applicant's median household income is less than or equal to ninety-five perce…

74:05:08:13. Applications. An applicant for 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 loan applicat…

Rule 74:05:08:13.01 Application review and completeness determination. 74:05:08:13.01. Application review and completeness determination. The secretary shall review an application for completeness in accordance with the guidelines in § 74:05:08:13. The secretary shall notify the …

74:05:08:13.02. Facilities plan submittal. Any applicant requesting assistance for a wastewater treatment works or storm water project must prepare a facilities plan. A facilities plan is not required from an applicant requesting funding for other types of projects. The facilitie…

Rule 74:05:08:13.03 Environmental determination. 74:05:08:13.03. Environmental determination. 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 Categor…

Rule 74:05:08:14 Eligible use of funds. 74:05:08:14. Eligible use of funds. Financial assistance may be awarded for wastewater treatment works, storm water projects, and nonpoint source projects. Eligible uses may include: (1) Any one or more of the following items; (a) Facilitie…

Rule 74:05:08:15 Financial security. 74:05:08:15. Financial security. 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 …

Rule 74:05:08:16 Repealed. 74:05:08:16. Time restrictions. Repealed. Source: 15 SDR 20, effective August 7, 1988; 33 SDR 106, effective December 26, 2006; repealed, 36 SDR 208, effective June 28, 2010.

Rule 74:05:08:17 Duration of assistance. 74:05:08:17. Duration of assistance. The board shall set the repayment period for each loan in the assistance agreement, which may not exceed five years for interim financing and 30 years in all other cases as permitted by the Act. The rep…

Rule 74:05:08:18 Assistance agreement interest rates. 74:05:08:18. Assistance agreement interest rates. 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 upon…

74:05:08:18.01. Loans for nonpoint source projects. An applicant is eligible for a reduction in the interest rate if as part of its assistance agreement the applicant agrees to fund an eligible nonpoint source project in a watershed where the applicant is located or in a watershe…

74:05:08:18.02. Loans to project sponsors subject to the Build America, Buy America Act provisions. An applicant is eligible for a reduction in the interest rate if its project is subject to the Build America, Buy America Act, Public Law 117-58, provisions. Source: 49 SDR 100, ef…

Rule 74:05:08:19 Repealed. 74:05:08:19. Review of financial status. Repealed. Source: 15 SDR 20, effective August 7, 1988; 21 SDR 97, effective November 28, 1994; 22 SDR 95, effective January 17, 1996; 28 SDR 4, effective July 22, 2001; 36 SDR 208, effective June 28, 2010; repeal…

Rule 74:05:08:20 Assistance agreements. 74:05:08:20. Assistance agreements. If an application is approved for funding, the board shall execute an assistance agreement with the sponsoring entity. The board shall establish the terms and conditions included in the assistance agreeme…

Rule 74:05:08:21 Disbursement of funds. 74:05:08:21. Disbursement of funds. The secretary shall approve all disbursements to the recipient. Source: 15 SDR 20, effective August 7, 1988; 19 SDR 102, effective January 17, 1993; 36 SDR 208, effective June 28, 2010. General Authority:…

Rule 74:05:08:22 Accounting methods and audits. 74:05:08:22. Accounting methods and audits. 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 …

Rule 74:05:08:23 Repealed. 74:05:08:23. Loans to communities participating in the MWPP program.Repealed. Source: 25 SDR 93, effective January 9, 1999; repealed, 28 SDR 4, effective July 22, 2001.

Rule 74:05:08:24 Repealed. 74:05:08:24. Small community planning grants.Repealed. Source: 28 SDR 4, effective July 22, 2001; repealed, 30 SDR 100, effective December 23, 2003.

Rule 74:05:10:01 Definitions. 74:05:10:01. Definitions. Words defined in SDCL 34A-6-1.3, 46A-1-3, and 46A-2-4 have the same meaning when used in this chapter unless they are defined otherwise in this section. Terms used in this chapter mean: (1) "Applicant," the entity or individ…

Rule 74:05:10:01.01 Project defined. 74:05:10:01.01. Project defined. A project is defined as all activities, including education and research, or appurtenances acquired, purchased, constructed, improved, or operated to facilitate solid waste source reduction, recycling, reuse, u…

Rule 74:05:10:02 Eligibility. 74:05:10:02. Eligibility. An applicant is eligible for funding if the proposal meets the following guidelines: (1) The proposal shows potential cost savings, public health or environmental benefits, and how it will advance the state solid waste manag…

Rule 74:05:10:03 Repealed. 74:05:10:03. Special criteria for state agency applicants.Repealed. Source: 17 SDR 7, effective July 22, 1990; 23 SDR 12, effective July 30, 1996; repealed, 24 SDR 80, effective December 14, 1997.

Rule 74:05:10:04 Applications. 74:05:10:04. Applications. Applicants shall submit an application 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 ap…

Rule 74:05:10:05 Authority and responsibility. 74:05:10:05. Authority and responsibility. Each applicant must demonstrate to the board that it has the legal authority and technical and financial capability necessary to plan, construct, operate, repair, and maintain the proposed s…

Rule 74:05:10:06 Repealed. 74:05:10:06. Required matching funds for grants. Repealed. Source: 17 SDR 7, effective July 22, 1990; 21 SDR 97, effective November 28, 1994; 23 SDR 12, effective July 30, 1996; 26 SDR 6, effective July 28, 1999; 28 SDR 95, effective December 19, 2001; …

Rule 74:05:10:07 Application completeness determination. 74:05:10:07. Application completeness determination. The secretary shall review an application for completeness in accordance with the guidelines in § 74:05:10:04. The secretary shall notify the applicant within 30 days aft…

Rule 74:05:10:08 Review by secretary. 74:05:10:08. Review by secretary. The secretary shall review a complete application for the ability of the applicant to follow the solid waste management policies, goals, and hierarchy established in SDCL 34A-6-1.2 and the factors for decisio…

Rule 74:05:10:09 Application cycles. 74:05:10:09. Application cycles. Applications are due to the department 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 the applications are d…

Rule 74:05:10:09.01 Repealed. 74:05:10:09.01. Special award cycle.Repealed. Source: 23 SDR 12, effective July 30, 1996; repealed, 23 SDR 202, effective June 2, 1997.

Rule 74:05:10:10 Factors for decision making. 74:05:10:10. Factors for decision making. In exercising its discretion in determining whether to award funding to a proposal, the board may consider the factors described in this section. Applicants shall compete against other applica…

Rule 74:05:10:11 Decision on applications by the board. 74:05:10:11. Decision on applications by the board. Within 120 days after applications are presented to the board, the board shall either disapprove the application or by resolution approve the application as requested or as…

Rule 74:05:10:12 Terms and conditions of awards. 74:05:10:12. Terms and conditions of awards. The board shall establish in the funding agreement provided for in § 74:05:10:15 the terms and conditions of awards made through the solid waste management program. Source: 17 SDR 7, eff…

Rule 74:05:10:12.01 Loan interest rates, parity positions, and revenue requirements. 74:05:10:12.01. Loan interest rates, parity position, and revenue requirements. The board shall establish interest rates for the solid waste management program. The board may adjust the interest …

Rule 74:05:10:12.02 Interest rates. 74:05:10:12.02. Interest rates. The board shall set the interest rates based upon: (1) Current market rates; (2) Current rate of alternative federal or state programs; and (3) Current demand for program funds. Source: 23 SDR 12, effective July …

Rule 74:05:10:13 Eligible use of funds. 74:05:10:13. Eligible use of funds. Funds may be awarded for proposals approved by the board for the planning, construction, operation of solid waste management projects, equipment purchases, research, waste tire shredding and transportatio…

Rule 74:05:10:14 Repealed. 74:05:10:14. Size and type of awards. Repealed. Source: 17 SDR 7, effective July 22, 1990; 21 SDR 97, effective November 28, 1994; 23 SDR 12, effective July 30, 1996; 28 SDR 95, effective December 19, 2001; repealed, 40 SDR 14, effective July 29, 2013.

Rule 74:05:10:15 Funding agreements. 74:05:10:15. Funding agreements. If an application is approved for funding, the board shall execute a funding agreement with the applicant. Funding agreements may include the following requirements of the sponsoring entity: (1) To acquire all …

Rule 74:05:10:16 Repealed. 74:05:10:16. Evidence of other funding sources.Repealed. Source: 17 SDR 7, effective July 22, 1990; repealed, 21 SDR 97, effective November 28, 1994.

Rule 74:05:10:17 Repealed. 74:05:10:17. Applicable permits. Repealed. Source: 17 SDR 7, effective July 22, 1990; 23 SDR 12, effective July 30, 1996; repealed, 40 SDR 14, effective July 29, 2013.

Rule 74:05:10:18 Repealed. 74:05:10:18. Environmental impact statement. Repealed. Source: 17 SDR 7, effective July 22, 1990; repealed, 40 SDR 14, effective July 29, 2013.

Rule 74:05:10:19 Repealed. 74:05:10:19. Land surveys and engineering plans and specifications. Repealed. Source: 17 SDR 7, effective July 22, 1990; 23 SDR 12, effective July 30, 1996; 28 SDR 95, effective December 19, 2001; repealed, 40 SDR 14, effective July 29, 2013.

Rule 74:05:10:20 Repealed. 74:05:10:20. Filing of plans. Repealed. Source: 17 SDR 7, effective July 22, 1990; 28 SDR 95, effective December 19, 2001; repealed, 33 SDR 106, effective December 26, 2006.

Rule 74:05:10:21 Repealed. 74:05:10:21. Notice of commencement and discontinuance of solid waste management project.Repealed. Source: 17 SDR 7, effective July 22, 1990; repealed, 21 SDR 97, effective November 28, 1994.

Rule 74:05:10:22 Disbursement of funds. 74:05:10:22. 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: 17 SDR 7, effective July 22, 1990; 21 SDR 97, effe…

Rule 74:05:10:23 Recipient's accounting methods. 74:05:10:23. Recipient's 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 re…

Rule 74:05:10:24 Repealed. 74:05:10:24. Periodic submission of monitoring reports to the secretary.Repealed. Source: 17 SDR 7, effective July 22, 1990; repealed, 23 SDR 12, effective July 30, 1996.

Rule 74:05:10:25 Project monitoring. 74:05:10:25. Project 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 v…

Rule 74:05:10:26 Time restrictions for expenditures. 74:05:10:26. Time restrictions for expenditures. The recipient shall expend the funds awarded to it within three years from the date the board awarded financial assistance. Source: 17 SDR 7, effective July 22, 1990; 19 SDR 61, …

Rule 74:05:10:27 Repealed. 74:05:10:27. Distribution of returned funds.Repealed. Source: 17 SDR 7, effective July 22, 1990; 21 SDR 97, effective November 28, 1994; 23 SDR 12, effective July 30, 1996; repealed, 28 SDR 95, effective December 19, 2001.

Rule 74:05:10:28 Repealed. 74:05:10:28. Distribution of uncommitted funds. Repealed. Source: 17 SDR 7, effective July 22, 1990; 23 SDR 12, effective July 30, 1996; repealed, 40 SDR 14, effective July 29, 2013.