Any of the following constitutes a default upon the terms of an ethanol infrastructure incentive program grant or payment:
- (1) Any part of an application is shown to be materially false or misleading;
- (2) Any part of the grant for an activity described in subdivisions 31:02:01:02(1) through (4), inclusive, is used for any purpose other than reimbursement for eligible project costs;
- (3) The grantee for an activity described in subdivisions 31:02:01:02(1) through (4), inclusive, fails to commence or complete the project within the time allowed by this chapter;
- (4) For an activity involving the installation of ethanol blender pumps, the grantee fails to continue to sell ethanol blends in excess of fifteen percent ethanol for a minimum of twenty-four months after project completion; or
- (5) Repeated failure by the grantee to provide access to facilities or documents or to provide the reports and other information required by this chapter.
Source: 38 SDR 115, effective January 9, 2012 ; 52 SDR 49, effective November 17, 2025 .
General Authority: SDCL 10-47B-164.1 , 10-47B-164.2 , 10-47B-192 .
Law Implemented: SDCL 10-47B-164.1 , 10-47B-192 .
Prior versions effective: 2012-01-09.