South Dakota Administrative Code

Rule 74:05:10:29 Security. 74:05:10:29. Security. The funding agreement for a loan must contain specific requirements to secure the loan. A 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) Ple…

Rule 74:05:10:30 Repealed. 74:05:10:30. Review of financial status. Repealed. Source: 23 SDR 12, effective July 30, 1996; repealed, 40 SDR 14, effective July 29, 2013.

Rule 74:05:10:31 Lease agreement. 74:05:10:31. 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 project during the life of the funding agreement, this right must be evidenced by written agree…

Rule 74:05:10:32 Repealed. 74:05:10:32. Recipient accounting methods. Repealed. Source: 40 SDR 14, effective July 29, 2013; repealed, 41 SDR 173, effective May 11, 2015.

74:05:11:01. Definitions. Terms not defined in this section have the meaning given by the Safe Drinking Water Act. Terms used in this chapter mean: (1) "Act," "Safe Drinking Water Act," the federal Safe Drinking Water Act, 42 U.S.C. § 300f to 42 U.S.C. § 300j-26, inclusive, inclu…

74:05:11:02. Eligible systems. A facility is eligible for funding under the drinking water state revolving fund loan program, established in SDCL 46A-1-60.1, if the facility is: (1) Included in the state water plan before the submittal of the application; (2) On the intended use …

Rule 74:05:11:03 Annual public hearing on proposed intended use plan. 74:05:11:03. Annual public hearing on proposed intended use plan. Preparation of the intended use plan begins after the state water plan application deadline of October 1 of each year. After completion of the p…

Rule 74:05:11:04 Amendment of intended use plan. 74:05:11:04. Amendment of intended use plan. The board may amend the intended use plan at any board meeting if the proposed action is included on the agenda posted for the meeting. Source: 23 SDR 195, effective May 25, 1997; 33 SDR…

Rule 74:05:11:05 Project priority determined by points. 74:05:11:05. Project priority determined by points. The secretary shall award points according to § 74:05:11:06 to determine the priority of construction needs for a drinking water works project. The priority list shall be p…

74:05:11:06. Project priority rating system. Each potential drinking water works project is assigned points based on the criteria in the following table: Priority CriteriaPriority Points (1) Occurrences of nitrates, fecal coliform, or E. Coli bacteria in samples within the past t…

Rule 74:05:11:06.01 Repealed. 74:05:11:06.01. Green infrastructure priority points. Repealed. Source: 36 SDR 208, effective June 28, 2010; repealed, 41 SDR 173, effective May 11, 2015.

Rule 74:05:11:07 Priority list bypass procedures. 74:05:11:07. Priority list bypass procedures. Projects will be funded based on their project priority rating. Projects with the highest priority rating that have submitted a complete application and demonstrated adequate financial…

Rule 74:05:11:08 Amendment of priority list. 74:05:11:08. Amendment of priority list. 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 …

Rule 74:05:11:09 Deadline for application. 74:05:11:09. Deadline for application. 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 de…

Rule 74:05:11:10 Repealed. 74:05:11:10. Drinking water-related project to be approved before construction. Repealed. Source: 23 SDR 195, effective May 25, 1997; 25 SDR 93, effective January 9, 1999; 28 SDR 95, effective December 19, 2001; 33 SDR 106, effective December 26, 2006; …

Rule 74:05:11:11 Amount of financial assistance. 74:05:11:11. Amount of financial assistance. 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,…

Rule 74:05:11:11.01 Principal forgiveness as part of assistance agreements. 74:05:11:11.01. Principal forgiveness as part of assistance agreements. Assistance recipients that meet the minimum established rates may receive principal forgiveness as authorized by the Act in an amoun…

Rule 74:05:11:11.02 Principal forgiveness amount determination. 74:05:11:11.02. 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…

74:05:11:12. Application requirements. Any applicant for financial assistance shall submit an application to the board on forms obtained from the department. An application may not be considered by the board until the secretary has determined that the application is complete. A c…

Rule 74:05:11:12.01 Application review and completeness determination. 74:05:11:12.01. Application review and completeness determination. The secretary shall review an application for completeness in accordance with the guidelines in § 74:05:11:12. The secretary shall notify the …

74:05:11:12.02. Facilities plan submittal. 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 subdivision 74:05:11:01(11). The applicant shall be noti…

Rule 74:05:11:12.03 Environmental determinations. 74:05:11:12.03. Environmental determinations. 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 Categ…

Rule 74:05:11:13 Eligible use of funds. 74:05:11:13. Eligible use of funds. 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, consolidat…

74:05:11:14. Set-asides. Repealed. Source: 23 SDR 195, effective May 25, 1997; 33 SDR 106, effective December 26, 2006; 49 SDR 100, effective May 22, 2023.

Rule 74:05:11:15 Financial security. 74:05:11:15. 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 74:05:11:15.01 Repealed. 74:05:11:15.01. Time restrictions. Repealed. Source: 33 SDR 106, effective December 26, 2006; repealed, 36 SDR 208, effective June 28, 2010.

Rule 74:05:11:16 Duration of assistance. 74:05:11:16. Duration of assistance. 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 Ac…

Rule 74:05:11:17 Assistance agreement interest rate. 74:05:11:17. Assistance agreement interest rate. 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…

74:05:11:18. Loans to disadvantaged communities. 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 loa…

Rule 74:05:11:18.01 Disadvantaged loans to project sponsors acting on behalf of a disadvantaged community. 74:05:11:18.01. Disadvantaged loans to project sponsors acting on behalf of a disadvantaged community. A community water system that does not meet the disadvantaged criteria…

74:05:11:18.02. Loans to project sponsors subject to the Build America, Buy America Act provisions. The board may set interest rates for projects subject to the Build America, Buy America Act, Public Law 117-58, provisions below the rate set for other loan recipients. Source: 49 …

74:05:11:18.03. Loans to project sponsors replacing lead service lines. 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 …

Rule 74:05:11:19 Repealed. 74:05:11:19. Review of financial status. Repealed. Source: 23 SDR 195, effective May 25, 1997; 36 SDR 208, effective June 28, 2010; repealed, 40 SDR 14, effective July 29, 2013.

Rule 74:05:11:20 Assistance agreements. 74:05:11:20. 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 74:05:11:21 Disbursement of funds. 74:05:11:21. Disbursement of funds. The secretary shall approve all disbursements to the recipient. Source: 23 SDR 195, effective May 25, 1997; 36 SDR 208, effective June 28, 2010. General Authority: SDCL 46A-1-60.1 to 46A-1-60.3. Law Imple…

Rule 74:05:11:22 Repealed. 74:05:11:22. Retention of records. Repealed. Source: 23 SDR 195, effective May 25, 1997; repealed, 36 SDR 208, effective June 28, 2010.

Rule 74:05:11:23 Accounting methods and audits. 74:05:11:23. 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 74:05:12:01 Definitions. 74:05:12:01. Definitions. Terms not defined in this section have the meaning given by the Small Business Liability Relief and Brownfields Revitalization Act (Pub. L. No. 107-118) as amended through January 1, 2004. The following terms mean: (1) "Act,…

Rule 74:05:12:02 Development of an annual work plan. 74:05:12:02. Development of an annual work plan. 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 …

Rule 74:05:12:03 Content of the annual work plan. 74:05:12:03. Content of the annual work plan. 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 est…

Rule 74:05:12:04 Amendment of the annual work plan of projects. 74:05:12:04. Amendment of the annual work plan of projects. 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. So…

Rule 74:05:12:05 Eligibility for a brownfields revolving loan subfund grant or loan. 74:05:12:05. Eligibility for a brownfields revolving loan subfund grant or loan. An applicant is eligible to apply for loan or grant funding from the brownfields revolving loan subfund if: (1) Th…

Rule 74:05:12:06 Eligible uses of brownfields revolving loan subfund funds. 74:05:12:06. Eligible uses of brownfields revolving loan subfund funds. Eligible brownfields revolving loan subfund activities include cleanup actions associated with removing, mitigating, or preventing t…

Rule 74:05:12:07 Application requirements. 74:05:12:07. Application requirements. 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…

Rule 74:05:12:08 Application deadline. 74:05:12:08. Application deadline. 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, Jul…

Rule 74:05:12:09 Review of financial status. 74:05:12:09. Review of financial status. 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 an…

Rule 74:05:12:10 Factors for decision making. 74:05:12:10. Factors for decision making. 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 …

Rule 74:05:12:11 Decisions on applications. 74:05:12:11. Decisions on applications. 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 modif…

Rule 74:05:12:12 Assistance agreements. 74:05:12:12. Assistance agreements. If a brownfields revolving loan subfund assistance application is approved for funding, the board shall execute an assistance agreement with the recipient. The board shall establish the terms and conditio…

Rule 74:05:12:13 Financial security. 74:05:12:13. Financial security. 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…