S.D. Admin. R. 74:05:11:02

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

Section 74:05:11:02 - Eligible systems

A facility is eligible for funding under the DWSRF loan program, established in SDCL 46A-1-60.1, if the facility is included in the state water plan before the submittal of the application, and if the facility is on the intended use plan and the project priority list, and if the facility is sponsored by one of the following entities:

(1) Special purpose governmental entities, including water user districts organized under SDCL chapter 46A-9, watershed districts organized under SDCL chapter 46A-14, water project districts organized under SDCL chapter 46A-18, sanitary districts organized under SDCL chapter 34A-5, and other lawful special purpose governmental entities that may construct drinking water works;

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

(3) Federally recognized Indian tribes; or

(4) Nonprofit corporations and cooperatives.

(5) All other public water systems that will receive loan proceeds from the Drinking Water State Revolving Fund Emerging Contaminants Funding or the Drinking Water State Revolving Fund Lead Service Line Replacement Funding made available through Public Law 117-58.

A facility is eligible for an interim loan under the DWSRF 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 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. 74:05:11:02

23 SDR 195, effective 5/25/1997; 30 SDR 170, effective 5/10/2004; 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-1-60.1 to 46A-1-60.3.

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