S.D. Admin. R. 74:05:08:01

Current through Register Vol. 51, page 67, December 16, 2024

Section 74:05:08:01 - Definitions

Terms not defined in this section have the meaning given by the Clean Water Act (CWA). The following terms mean:

(1) "Act," "Clean Water Act," "CWA," the federal Water Pollution Control Act Amendments of 1987, as amended to July 1, 2013, and Public Law 111-88, enacted October 30, 2009, Public Law 112-10, enacted April 15, 2011, Public Law 112-74, enacted December 23, 2011, Public Law 113-6, enacted March 26, 2013, Public Law 113-76, enacted January 17, 2014, Public Law 113-121, enacted June 10, 2014, Public Law 113-235, enacted December 16, 2014, Public Law 114-113, enacted December 18, 2015, Public Law 115-31, enacted May 5, 2017, Public Law 115-141, enacted March 23, 2018, Public Law 116-6, enacted February 15, 2019, Public Law 116-260, enacted December 20, 2019, Public Law 116-93, enacted December 27, 2020, Public Law 117-58 enacted November 15, 2021, Public Law 117-103, enacted March 15, 2022, collectively known as the Clean Water Act;

(2) "Applicant," the sponsoring entity applying for interim financing or for funding to construct a project eligible under the Act;

(3) "Assistance," financial assistance awarded by the Board of Water and Natural Resources pursuant to SDCL 46A-1-60.1 to 46A-1-60.3, inclusive;

(4) "Board," the Board of Water and Natural Resources acting as that board or as the South Dakota Conservancy District;

(5) "Construction," any of the following procedures: preliminary planning to determine project feasibility; engineering, environmental, architectural, legal, fiscal, or economic studies, surveys, designs, plans, working drawings, specifications, or procedures; other necessary actions for the erection, building acquisition, alteration, remodeling, improvement, or extension of eligible works, the purchase of equipment, and the inspection or supervision of any of these procedures;

(6) "Department," the South Dakota Department of Agriculture and Natural Resources;

(7) "EPA," the United States Environmental Protection Agency;

(8) "Facilities plan," an engineering evaluation that describes the need for the proposed wastewater treatment works based on present conditions and future needs, evaluates the costs and adequacies of appropriate alternatives, identifies potential environmental impacts of the proposed project; and provides the selection and justification of a final alternative;

(9) "Intended Use Plan," "IUP," a document prepared annually which provides assurances and specific proposals, including a list of potential SRF projects;

(10) "Interceptor," a sewer that receives wastewater from a number of transverse sewers or outlets and conducts the wastewater to a point for treatment or disposal;

(11) "Interim financing," a loan for a term not to exceed five years which is to be repaid from the proceeds of a federal grant or loan to be made by an agency or instrumentality of the United States government for a project;

(12) "Loan," lending of funds by the board to an eligible applicant pursuant to a financing agreement through the purchase or acquisition of any evidence of indebtedness or other obligation which is issued by the applicant and which is payable from taxes, non-ad valorem sales taxes, or from rates, revenues, charges, or assessments, or from distributions of revenue pursuant to a state appropriation or statutory or constitutional provision, or payable from a pledge of property or other sources;

(13) "Median household income," the median household income as identified in the U.S. Census Bureau, American Community Survey, DP03 Selected Economic Characteristics 2020: 5-Year Estimates Data Profiles or by other statistically valid income data supplied by the applicant and acceptable to the board;

(14) "Minimum established rates," rates charged to residential users of a wastewater system that meet the following criteria;

(a) For municipalities and sanitary districts the monthly residential wastewater bill is $45 or more for 5,000 gallons usage or $30 or more for 5,000 gallons usage for projects that will receive loan proceeds from the Clean Water State Revolving Fund Emerging Contaminants Funding made available through Public Law 117-58; or

(b) For all other assistance recipients the monthly residential wastewater bill is $70 or more for 5,000 gallons usage or $30 or more for 5,000 gallons usage for projects that will receive loan proceeds from the Clean Water State Revolving Fund Emerging Contaminants Funding made available through Public Law 117-58;

(15) "Nonpoint source," pollution originating from many diffuse sources caused by rainfall or snowmelt moving over and through the ground, examples of which are excess fertilizers, herbicides, and insecticides from agricultural lands and residential areas; oil, grease, detergents, and other chemicals from urban runoff and energy production; sediment from improperly managed construction sites, crop and forest lands, and eroding stream banks; salt from irrigation practices; acid drainage from abandoned mines; bacteria and nutrients from livestock, pet wastes, and faulty septic systems; and atmospheric deposition from power plants and waste incinerators;

(16) "Point source," a discernible, confined, and discrete conveyance, including any pipe, ditch, channel, conduit, well, discrete fissure, container, or concentrated animal feeding operation from which pollutants are or may be discharged;

(17) "Principal forgiveness," a reduction in the outstanding principal balance of a loan to be applied at the time specified in the financial agreement;

(18) "Project," the actual erection, building acquisition, alteration, remodeling, improvement, or extension of eligible works, including the necessary planning, design, land acquisition, and purchase or installation of equipment, or implementation of nonpoint source practices;

(19) "Recipient," an applicant receiving funds;

(20) "Secretary," the secretary of the Department of Agriculture and Natural Resources;

(21) "Section 303(d) list," a list of waters targeted for the development of total maximum daily loads (TMDLs) as required by section 303(d) of the Act;

(22) "Section 319 project," a project that is eligible pursuant to section 319 of the Act;

(23) "Source Water Assessment Report," a report prepared by the department that identifies potential sources of pollution in the portion of a watershed or groundwater area that contributes water to a water system that has at least 15 service connections for year-round residents or that serves at least 25 year-round residents;

(24) "SRF," the State Water Pollution Control Revolving Fund, a dedicated financing mechanism to provide loans, grants, and other forms of financial assistance for eligible works and projects;

(25) "Storm water projects," projects designed to carry or retain only storm waters, surface runoff, street wash waters, and drainage;

(26) "TMDL process," a determination of the amount of pollution a waterbody can receive and still maintain water quality standards;

(27) "Trustee," the legal entity to whom the bond is legally committed to be administered under the SRF program for the mutual benefit of the State and for the protection of the bond holders;

(28) "Unemployment rate," the 2021 average unemployment rates as determined by the South Dakota Department of Labor and Regulation, Labor Force Statistics;

(29) "Wastewater treatment works," any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or industrial wastes of a liquid nature to implement section 201 of the Act, or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping power, and other equipment and their appurtenances; extensions, improvement, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and acquisition of the land that will be an integral part of the treatment process or will be used for ultimate disposal of residues resulting from such treatment (including land use for the storage of treated wastewater in land treatment systems prior to land application) or is used for the ultimate disposal of residues resulting from such treatment and acquisition of other land, and interests in land, that are necessary for construction; or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste or industrial waste, including waste in combined storm water and sanitary sewer systems; and

(30) "Water quality grants," grants made by the board to eligible applicants for the purpose of providing financial assistance for projects eligible under the Act.

S.D. Admin. R. 74:05:08:01

15 SDR 20, effective 8/7/1988; 19 SDR 102, effective 1/17/1993; 21 SDR 97, effective 11/28/1994; 25 SDR 93, effective 1/9/1999; 28 SDR 4, effective 7/22/2001; 29 SDR 87, effective 12/22/2002; 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; 41 SDR173, effective 5/11/2015; 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.