South Dakota Administrative Code

Rule 74:05:12:14 Size and type of awards. 74:05:12:14. Size and type of awards. 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…

Rule 74:05:12:15 Match requirements for brownfields revolving loan subfund assistance. 74:05:12:15. Match requirements for brownfields revolving loan subfund assistance. The recipient must provide a minimum of 20 percent match on the amount of the brownfields revolving loan subfu…

Rule 74:05:12:16 Time restrictions. 74:05:12:16. Time restrictions. 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. Source: 31 SDR 94, effective January 5, 2005.…

Rule 74:05:12:17 Duration of assistance. 74:05:12:17. Duration of assistance. The board shall set the repayment period for each brownfields revolving loan subfund loan in the assistance agreement, which may not exceed ten years. Source: 31 SDR 94, effective January 5, 2005. Gener…

Rule 74:05:12:18 Assistance agreement interest rates. 74:05:12:18. Assistance agreement interest rates. 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…

Rule 74:05:12:19 Funds disbursement. 74:05:12:19. Funds disbursement. The department shall disburse funds as costs are incurred. Payment may not exceed the percentage provided in the award agreement. Source: 31 SDR 94, effective January 5, 2005. General Authority: SDCL 46A-1-102,…

Rule 74:05:12:20 Accounting methods and audits. 74:05:12:20. Accounting methods and audits. Each recipient must maintain accounting records in accordance with financial and reporting standards as promulgated by the Government Accounting Standards Board or Other Comprehensive Basi…

Rule 74:05:12:21 Settlement agreements. 74:05:12:21. Settlement agreements. The department may enter into administrative settlement agreements with brownfields applicants and recipients to provide certain environmental liability assurances for brownfields projects as provided for…

Rule 74:07:01:01 Definitions. 74:07:01:01. Definitions. 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 capacit…

Rule 74:07:01:02 Financial assurance -- Applicability. 74:07:01:02. Financial assurance -- Applicability. 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 w…

Rule 74:07:01:03 Preparation of estimated amount of financial assurance -- Department recommendation. 74:07:01:03. Preparation of estimated amount of financial assurance -- Department recommendation. If the department recommends posting of financial assurance as a condition of pe…

Rule 74:07:01:04 Preparation of estimated amount of financial assurance -- Owner or operator responsibilities. 74:07:01:04. Preparation of estimated amount of financial assurance -- Owner or operator responsibilities. If the owner or operator is requested by the department or boa…

Rule 74:07:01:05 Department review of estimated amount of financial assurance -- Recommendation. 74:07:01:05. Department review of estimated amount of financial assurance -- Recommendation. Upon receipt of the financial assurance estimate prepared pursuant to § 74:07:01:04, the d…

Rule 74:07:01:06 Preparation of estimated amount of financial assurance -- Appeal. 74:07:01:06. Preparation of estimated amount of financial assurance -- Appeal. In lieu of preparing an estimated dollar amount of financial assurance in advance of the board hearing pursuant to §§ …

Rule 74:07:01:07 Adjustment of amount of financial assurance. 74:07:01:07. Adjustment of amount of financial assurance. The dollar amount of financial assurance filed with the board shall be reviewed at least once every five years. During the review, the board may adjust the amou…

Rule 74:07:01:08 Phased financial assurance schedule. 74:07:01:08. Phased financial assurance schedule. The dollar amount of financial assurance required at any one time may be phased by the owner or operator according to a schedule based on project development and approved by th…

Rule 74:07:01:09 Financial assurance held after cancellation or expiration of permit. 74:07:01:09. Financial assurance held after cancellation or expiration of permit. Financial assurance may be held following cancellation or expiration of a permit for one or more of the followin…

Rule 74:07:01:10 Release of financial assurance. 74:07:01:10. Release of financial assurance. The board may release the financial assurance or a portion of the financial assurance if the board or department: (1) Receives a written request for release of the financial assurance or…

Rule 74:07:01:11 Release of financial assurance upon ownership change. 74:07:01:11. Release of financial assurance upon ownership change. Upon a change of permit ownership, the board shall release the existing financial assurance if: (1) The owner or operator who posted the finan…

Rule 74:07:01:12 Substitution of financial assurance. 74:07:01:12. Substitution of financial assurance. If an owner or operator requests substitution of one type of financial assurance for another, the owner or operator shall submit to the board a proposal for alternate financial…

Rule 74:07:01:13 Management of approved financial assurance -- Board hearing. 74:07:01:13. Management of approved financial assurance -- Board hearing. The board shall conduct a hearing, which may be held by telephone conference call, for purposes of holding, releasing, substitut…

Rule 74:07:01:14 Procedure to disburse financial assurance funds. 74:07:01:14. Procedure to disburse financial assurance funds. The board shall conduct a hearing, which may be held by telephone conference call, to authorize disbursement of financial assurance funds to cleanup an …

74:08:01:01. Fees for photocopies. The fee for photocopies of public records requested from the Department of Agriculture and Natural Resources under SDCL chapter 1-27 or SDCL 1-26-2 is the fee imposed under the rules promulgated by the Bureau of Human Resources and Administratio…

Rule 74:08:01:02 Repealed. 74:08:01:02. Oversized documents, computer media, and nondocumentary records. Repealed. Source: 19 SDR 21, effective August 16, 1992; repealed, 38 SDR 102, effective December 7, 2011.

Rule 74:08:01:03 Waiver of fee for media. 74:08:01:03. Waiver of fee for media. The department shall waive the fee established in § 74:08:01:01 for the first 100 pages of photocopies of public records requested by a representative of the press or communications media. Source: 19 …

Rule 74:08:01:04 Waiver of fee for public interest groups. 74:08:01:04. Waiver of fee for public interest groups. The department shall waive the fee established in § 74:08:01:01 for the first 250 pages of photocopies of public records requested by a representative of a public int…

Rule 74:08:01:05 Waiver of fee for educational organizations. 74:08:01:05. Waiver of fee for educational organizations. The department shall waive the fee established in § 74:08:01:01 for the first 100 pages of photocopies of public records requested by a representative of an edu…

Rule 74:08:01:06 Repealed. 74:08:01:06. Response to requests for reproduction of public records. Repealed. Source: 19 SDR 21, effective August 16, 1992; repealed, 38 SDR 102, effective December 7, 2011.

Rule 74:08:01:07 Repealed. 74:08:01:07. Cumulative requests. Repealed. Source: 19 SDR 21, effective August 16, 1992; repealed, 38 SDR 102, effective December 7, 2011.

Rule 74:09:01:01 Petition to initiate contested case. 74:09:01:01. Petition to initiate contested case. In order to request a contested case hearing, a person shall file a petition which contains the following information with the department pursuant to the requirements of § 74:0…

Rule 74:09:01:02 Board initiation of contested case. 74:09:01:02. Board initiation of contested case. The board may on its own motion request that any matter under its jurisdiction be scheduled for a contested case hearing. The department shall give notice to the parties and the …

Rule 74:09:01:03 Answer to petition to initiate contested case. 74:09:01:03. Answer to petition to initiate contested case. Within 20 days after receipt of a petition for a contested case, all parties other than the department shall serve written answers. The answers shall be ser…

Rule 74:09:01:04 Intervention in contested case. 74:09:01:04. Intervention in contested case. A person who desires to intervene in a contested case proceeding shall file a petition that substantially conforms to the requirements of § 74:09:01:01. The petition shall be filed with …

Rule 74:09:01:05 Initiation of enforcement hearing. 74:09:01:05. Initiation of enforcement hearing. The department shall initiate an enforcement hearing by filing a petition that substantially complies with the requirements of § 74:09:01:01. The department shall serve a notice of…

Rule 74:09:01:06 Intervention in enforcement hearings not allowed. 74:09:01:06. Intervention in enforcement hearings not allowed. No person may intervene in a contested case hearing which is an enforcement action against an alleged violator. Source: 14 SDR 50, effective October 4…

Rule 74:09:01:07 Pleadings to be filed with department. 74:09:01:07. Pleadings to be filed with department. The original of any petition, motion, or other pleading shall be filed with the secretary of the department. Filing of the pleadings or documents shall be effectuated by de…

Rule 74:09:01:08 Appointment of chair of hearing. 74:09:01:08. Appointment of chair of hearing. Upon the filing of a petition for a contested case, or upon the board's motion, the chair of the board shall appoint a member of the board to act as chair of the hearing. Notice of thi…

Rule 74:09:01:09 Motions. 74:09:01:09. Motions. Any party may make a motion by filing it in writing with the department. Copies of the motion shall be served on the chair of the hearing and all parties of record. The motion shall contain the factual and legal bases for the motion…

Rule 74:09:01:10 Prehearing conference. 74:09:01:10. Prehearing conference. The chair of the hearing may hold a prehearing conference on request by a party or at the discretion of the chair of the hearing. The chair of the hearing may decide prehearing motions and establish a rea…

Rule 74:09:01:11 Notice of contested case. 74:09:01:11. Notice of contested case. The department shall issue a notice of a contested case hearing which complies with the provisions of SDCL chapter 1-26. The notice shall refer to all petitions filed with the department as of the d…

Rule 74:09:01:12 Subpoenas. 74:09:01:12. Subpoenas. The chair of the hearing may issue any subpoena necessary for the conduct of any prehearing discovery or the hearing in accordance with the rules of civil procedure. Any party wishing to obtain a subpoena from the chair of the h…

Rule 74:09:01:13 Conduct of hearing. 74:09:01:13. Conduct of hearing. The chair of the hearing shall act as the chair of the board for the contested case hearing and shall make all necessary evidentiary rulings during the proceeding. Source: 14 SDR 50, effective October 4, 1987; …

Rule 74:09:01:14 Transcripts. 74:09:01:14. Transcripts. Any party wishing to obtain a transcript of a contested case hearing must make arrangements with a court reporter prior to the hearing. The department or the board may, on its own motion, have a transcript of a contested cas…

Rule 74:09:01:15 Service. 74:09:01:15. Service. The service of all pleadings, notices, or orders may be made by first class mail, personal service, or facsimile. An affidavit of mailing, an admission of service, or other competent evidence is proof of service. Source: 14 SDR 50, …

Rule 74:09:01:16 Degree of proof required. 74:09:01:16. Degree of proof required. Whenever, under the provisions of this chapter, a person is required to find, demonstrate, show, or otherwise establish a fact, that fact must be established by a preponderance of the evidence. Sour…

Rule 74:09:01:17 Appointment of hearing examiner. 74:09:01:17. Appointment of hearing examiner. The chairman of the board may appoint a hearing examiner to conduct the hearing of the contested case. After hearing the proceeding, the hearing examiner shall make proposed findings o…

Rule 74:09:01:18 Decision of board. 74:09:01:18. Decision of board. A final decision in a contested case shall be that obtained by a majority vote from a quorum of the board. Any final decision and resulting orders shall be signed by the hearing chairman of the board. Source: 14 …

Rule 74:09:01:19 Findings of fact, conclusions of law, and orders. 74:09:01:19. Findings of fact, conclusions of law, and orders. All parties to a contested case proceeding shall present proposed findings of fact, conclusions of law, and an order to the board. The board may adopt…

Rule 74:09:01:20 Board member conflict of interest. 74:09:01:20. Board member conflict of interest. A board member who is personally related to a party involved in a contested case hearing by two degrees of consanguinity, who has a direct financial interest in a party involved in…

Rule 74:09:01:21 Board member potential conflict of interests. 74:09:01:21. Board member potential conflict of interests. A potential conflict of interest is an indirect financial interest, or a personal relationship or another interest in a party involved in a contested case hea…