31:02:01:08Default.

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.