S.D. Admin. R. 74:05:08:02

Current through Register Vol. 51, page 54, October 28, 2024

Section 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 included in the state water facilities plan before submittal of the application, if the facility is on the current, approved IUP and project priority list, and if the facility is sponsored by one of the following entities:

(1) Watershed districts organized under SDCL 46A-14, water project districts organized under SDCL 46A-18, water user districts organized under SDCL 46A-9, sanitary districts organized under SDCL 34A-5, recycling and waste management districts organized under SDCL 34A-16, and other lawful special purpose governmental entities that may construct eligible works;

(2) State agencies, instrumentalities, or political subdivisions within the state, such as municipalities or counties; or

(3) Federally recognized Indian tribes.

A facility is eligible for financial assistance under the SRF program in the form of a water quality grant if the project is sponsored by an entity listed in subdivisions (1) to (3) of this section or by a private entity undertaking an eligible project under the Act.

An applicant that uses the proceeds of a loan to make loans to private persons for nonpoint source projects is also eligible for financial assistance under the SRF program.

A facility is eligible for an interim loan under the SRF program if the project sponsor provides evidence, in a form satisfactory to the board, that an agency or instrumentality of the United States government has committed to make a federal grant or loan for the project, and the proceeds of the grant or loan will be assigned to repay the interim loan.

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 watershed or groundwater area that contributes water to the applicant's water system.

An applicant is eligible for a reduction in the interest rate if its project is subject to the Build America, Buy American Act (Public Law 117-58) provisions.

An applicant seeking funding solely for the expenses associated with the design of a facility and preparation of plans and specifications may receive funding without the facility being included in the state water facilities plan.

A facility that has been funded by the board is deemed to remain in the state water facilities plan for purposes of a request by the sponsor for additional funding for the facility.

S.D. Admin. R. 74:05:08:02

15 SDR 20, effective 8/7/1988; 21 SDR 97, effective 11/28/1994; 28 SDR 4, effective 7/22/2001; 30 SDR 170, effective 5/10/2004; 33 SDR 106, effective 12/26/2006; 36 SDR 208, effective 6/28/2010; 40 SDR 14, effective 7/29/2013; 49 SDR 100, effective 5/22/2023

General Authority: SDCL 46A-1-60.3.

Law Implemented: SDCL 46A-1-60.1 to 46A-1-60.3.