S.D. Admin. R. 74:05:12:06

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

Section 74:05:12:06 - Eligible uses of brownfields revolving loan subfund funds

Eligible brownfields revolving loan subfund activities include cleanup actions associated with removing, mitigating, or preventing the release or threat of release of hazardous substances, regulated substances, contaminants, or pollutants as allowed under the Act. In addition, these activities may include actions at mine-scarred lands, qualifying petroleum sites, and qualifying sites impacted by controlled substances including:

(1) Fences, warning signs, or other security or site control precautions;

(2) Drainage controls;

(3) Stabilization of berms, dikes, or impoundments or drainage or closing lagoons;

(4) Capping of contaminated soils;

(5) Use of chemicals and other materials to retard the spread of the release of a hazardous substance, petroleum, pollutant, or contaminant or mitigate its effects;

(6) Excavation, consolidation, or removal of contaminated soils from drainages or other areas;

(7) Removal of drums, barrels, tanks, or other bulk containers that contain or may contain hazardous substances, pollutants, or contaminants;

(8) Containment, treatment, disposal, or incineration of hazardous materials;

(9) Provisions of alternative water supply where necessary to reduce exposure to contaminated household water;

(10) Site monitoring activities, including sampling and analysis, that are necessary during the cleanup process, including determination of effectiveness of a cleanup;

(11) Costs associated with meeting public participation, worker health and safety, and interagency coordination requirements;

(12) Removal activities, including demolition or site preparation or both, that are part of site cleanup;

(13) Purchase of environmental insurance; or

(14) Other activities as approved by the Act.

Brownfields revolving loan subfund funds may not be used for precleanup environmental response activities, such as site assessment, identification, or characterization.

S.D. Admin. R. 74:05:12:06

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.