S.D. Admin. R. 74:05:12:01

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

Section 74:05:12:01 - Definitions

Terms not defined in this section have the meaning given by the Small Business Liability Relief and Brownfields Revitalization Act (Pub. L. No. 107-118) as amended through January 1, 2004. The following terms mean:

(1) "Act," Small Business Liability Relief and Brownfields Revitalization Act (Pub. L. No. 107-118) as amended on January 1, 2004;

(2) "Applicant," the eligible entity applying for brownfields revolving loan subfund funds to complete a project eligible under the Act;

(3) "Assistance," financial assistance awarded by the Board of Water and Natural Resources pursuant to SDCL 46A-1-102;

(4) "Award," grant or loan funds awarded by the Board of Water and Natural Resources for a brownfields project pursuant to SDCL 46A-1-100 to 46A-1-104, inclusive;

(5) "Board," the Board of Water and Natural Resources;

(6) "Borrower," an eligible public or private entity that uses brownfields revolving loan subfund funds for cleanup and cleanup related activities at an eligible site, and agrees to and complies with the terms of a loan or grant agreement between the board and the applicant;

(7) "Brownfields assessment and cleanup subfund," a subfund established to provide the department with funds to perform the assessment and cleanup of eligible brownfields sites as defined under the Act;

(8) "Brownfields revolving loan subfund," a subfund established to provide grants and loans to fund cleanup of eligible brownfields sites as defined under the Act;

(9) "Community involvement plan," a plan that is developed by the applicant to allow public participation in the selection of cleanup options for a brownfields site;

(10) "Contaminant, pollutant, hazardous substance, or hazardous material," as those terms are defined by the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the federal Superfund Amendments and Reauthorization Act of 1986;

(11) "Department," the South Dakota Department of Environment and Natural Resources;

(12) "Eligible site," a brownfields site as defined under the Act;

(13) "Project," the actual cleanup, treatment, containment, removal or disposal of hazardous substances, contaminants, regulated substances as defined by SDCL 34A-12-1(8), or pollutants as allowed under the Act. In addition, a project may include actions at mine-scarred lands, qualifying petroleum sites, and qualifying sites impacted by controlled substances;

(14) "Remediation plan," proposed actions to remediate a release of hazardous substances, contaminants, pollutants, petroleum, controlled substances, or mine-scarred lands as allowed under the Act;

(15) "Regulated substance," as the term is defined in SDCL 34A-12-1(8); and

(16) "Secretary," the secretary of the Department of Environment and Natural Resources or a designated representative of the secretary.

S.D. Admin. R. 74:05:12:01

31 SDR 94, effective 1/5/2005.

General Authority: SDCL 46A-1-102, 46A-1-103.

Law Implemented: SDCL 46A-1-100 to 46A-1-106, inclusive.