S.D. Admin. R. 74:05:10:13

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

Section 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 transportation, or educational activities and for purposes identified in the application. Project activities identified as eligible uses include:

(1) To improve, restore, enlarge, extend, or construct projects that are consistent with the state solid waste management hierarchy detailed in SDCL 34A-6-1.2;

(2) To construct, acquire, or lease buildings and works essential to the operation or protection of the project;

(3) To construct or relocate roads, bridges, utilities, fences, and other public or private improvements related to the operation or construction of the project;

(4) For the following if they are necessary for the construction, operation, or implementation of a project funded under subdivisions (1), (2), or (3) of this section:

(a) Fees, services, and costs such as legal, engineering, environmental, architectural, fiscal advisory, recording, planning, management, and for establishing or acquiring rights;

(b) The purchase of an interest in or access to existing facilities when the purchase is necessary to provide efficient service and an agreement between buyer and seller is reached;

(c) The acquisition of interest in land, material rights, leases, permits, rights-of-way, and other evidence of land or material control which are necessary for the development of the project;

(d) Purchase or lease of equipment necessary to install, maintain, extend, protect, operate, or use solid waste management facilities;

(e) Refinancing debts incurred by or on behalf of an eligible project sponsor if both of the following conditions exist:

(i) The debts were incurred for the facility, any part of the facility, or a service being refinanced; and

(ii) Arrangements cannot be made with the creditors to extend or modify the terms of the debt so that the project can remain fiscally sound;

(5) To establish, administer, and maintain regionally managed revolving loan fund programs established by eligible planning agencies;

(6) To pay eligible obligations incurred before approval of funding if there were reasons for proceeding before funding was approved; or

(7) Capitalized interest.

The board may consider in-kind contributions as match at a level established by usual and customary rates if use of the sponsor's employees or materials, or both, is shown to be more efficient and economical. All in-kind contributions require prior approval by the board or its designated agent.

S.D. Admin. R. 74:05:10:13

17 SDR 7, effective 7/22/1990; 19 SDR 61, effective 10/25/1992; 21 SDR 97, effective 11/28/1994; 23 SDR 12, effective 7/30/1996; 23 SDR 202, effective 6/2/1997; 28 SDR 95, effective 12/19/2001; 33 SDR 106, effective 12/26/2006; 40 SDR 14, effective 7/29/2013

General Authority: SDCL 46A-1-84.

Law Implemented: SDCL 46A-1-83, 46A-1-84.