74:05:08:13. Applications. An applicant for assistance shall submit an application to the board on forms obtained from the department. An application shall not be considered by the board until the secretary has determined that the application is complete. A complete loan application must include:
(1) An application form to include:
(a) Certification of Clean Water Needs Categories;
(b) Certification Regarding Debarment, Suspension, and Other Responsibility Matters; and
(c) Cost and Effectiveness Certification Form;
(2) Two years of the most recent audits or statements to include specific accounting of the fund pledged for repayment of the loan;
(3) The current year's budget;
(4) Documentation of the current user rates and surcharges, if applicable;
(5) A resolution of authorized signatory for submittal of application and signing of payment requests;
(6) A draft facilities plan; and
(7) Amortization schedules for all existing debt secured by the proposed revenue pledged.
Source: 15 SDR 20, effective August 7, 1988; 33 SDR 106, effective December 26, 2006; 36 SDR 208, effective June 28, 2010; 40 SDR 14, effective July 29, 2013; 41 SDR 173, effective May 11, 2015; 49 SDR 100, effective May 22, 2023.
General Authority: SDCL 46A-1-60.3.
Law Implemented: SDCL 46A-1-60.1 to 46A-1-60.3, inclusive.
74:05:08:13.01. Application review and completeness determination. The secretary shall review an application for completeness in accordance with the guidelines in § 74:05:08:13. The secretary shall notify the applicant within 30 days after the application deadline that the application is complete or incomplete. If the application is incomplete, the secretary shall identify in the notice those items required to complete the application. Except as addressed in §§ 74:05:08:13.02 and 74:05:08:13.03, the applicant has 20 days to provide additional information intended to complete an application. The secretary shall notify the applicant whether or not the resubmission or additional information is satisfactory to complete the application.
The secretary shall conduct an overall review of the applicant's financial status, the financial assistance approval criteria as identified in § 74:05:08:12, and the factors for principal forgiveness decision making as identified in § 74:05:08:12.02. The secretary shall prepare a summary of the applicant's financial status and may provide a copy to the board. This summary may include an analysis of all assets and liabilities and an analysis of the applicant's financial capability as documented by the most recent audit or financial statement. The secretary shall recommend approval or denial of financial assistance. The secretary's recommendation for approval of financial assistance may include awarding any combination of principal forgiveness, loan, or partial funding from this program or in combination with other programs.
Source: 33 SDR 106, effective December 26, 2006; 36 SDR 208, effective June 28, 2010; 40 SDR 14, effective July 29, 2013; 41 SDR 173, effective May 11, 2015.
General Authority: SDCL 46A-1-60.3.
Law Implemented: SDCL 46A-1-60.1 to 46A-1-60.3.
74:05:08:13.02. Facilities plan submittal. Any applicant requesting assistance for a wastewater treatment works or storm water project must prepare a facilities plan. A facilities plan is not required from an applicant requesting funding for other types of projects. The facilities plan shall at minimum provide the information contained in subdivision 74:05:08:01(6). The applicant shall be notified of any deficiencies in the draft facilities plan submitted with the application. A completed facilities plan must be received by the department to initiate the environmental review process. The facilities plan is not considered complete until the following items are received:
(1) Information to address the deficiencies identified by the secretary;
(2) Receipt of evidence of advertisement of a public hearing;
(3) Minutes from the public hearing;
(4) Responses from the U.S. Fish and Wildlife Service; South Dakota Department of Game, Fish and Parks; Natural Resources Conservation Service; U.S. Army Corps of Engineers; and the State Historical Preservation Office; and
(5) Resolution of any issues identified in the public hearing or by the agencies listed in § 74:05:08:13.02(4).
Source: 33 SDR 106, effective December 26, 2006; 36 SDR 208, effective June 28, 2010; 40 SDR 14, effective July 29, 2013; 49 SDR 100, effective May 22, 2023.
General Authority: SDCL 46A-1-60.3.
Law Implemented: SDCL 46A-1-60.1 to 46A-1-60.3, inclusive.
74:05:08:13.03. Environmental determination. For projects that pursuant to the Act require an environmental review, the environmental review process must be completed before the closing of the loan. For projects requiring a Categorical Exclusion, the process is considered complete upon publication of the Categorical Exclusion. For projects requiring a Finding of No Significant Impact determination, the process is considered complete when the 30-day comment period following the publication of the Finding of No Significant Impact has elapsed and any comments have been addressed.
Source: 36 SDR 208, effective June 28, 2010.
General Authority: SDCL 46A-1-60.3.
Law Implemented: SDCL 46A-1-60.1 to 46A-1-60.3.
