reglab/housing_qa huggingface dataset:
SD Codified L § 34A-6-28 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-28 - Municipal procedure applied to combined city-county grants of franchises--General election laws apply--One election.

34A-6-28. Municipal procedure applied to combined city-county grants of franchises--General election laws apply--One election.The procedure prescribed in §34A-6-25 shall apply to franchises granted by combinations of municipalities and counties pursuant to §34A-6-27, and the general election laws shall be substantially followed. A county and municipality adopting a franchise ordinance under this section may each adopt a separate ordinance or the same ordinance but in each instance, only one election shall be held, and it shall be held throughout the area affected by the proposed ordinance. Source: SL 1975, ch 226, §3; SDCL Supp, §34-16B-22.2; SL 1977, ch 280, §28.
SD Codified L § 34A-6-29 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-29 - Subdivision fees, charges, and license requirements--Collection of delinquent charges.

34A-6-29. Subdivision fees, charges, and license requirements--Collection of delinquent charges.The governing body of a municipality, county, or subdivision may levy and collect fees and charges and require licenses as are necessary to discharge their responsibility. The fees, charges, and licenses shall be based on a fee schedule set forth in an ordinance or resolution. If any fee, charge, or license so levied, other than a municipal garbage collection fee, becomes delinquent, the delinquency may be certified to the county treasurer and shall be collected by the county treasurer in the following year as a condition precedent to payment of the real property tax on the lot or parcel of land with respect to which the fee, charge, or license was levied. The chief fiscal officer of a municipality shall collect a delinquent municipal garbage collection fee as a condition precedent to the payment of any water, sewer, utility, or other charge collected by the municipality. Source: SL 1972, ch 198, §8; SDCL §34-16B-23; SL 1975, ch 218, §1; SL 1977, ch 282; SL 2011, ch 165, §120.
SD Codified L § 34A-6-37 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-37 - Acceptance and disbursement of funds for solid waste or recycling facility or system.

34A-6-37. Acceptance and disbursement of funds for solid waste or recycling facility or system.Any county, municipality, or other political subdivision of the state that is authorized to own or operate a solid waste or recycling facility or system may accept and disburse funds derived from grants from the federal or state governments, from private sources, from moneys that may be appropriated from the general fund, or a combination thereof for the installation and operation of a solid waste management system or facility, recycling facility, or any portion of such a system or facility. In addition, the county, municipality, or political subdivision may accept and disburse funds that are derived from or used for transactions authorized under §34A-6-63.1. Such transactions are exempt from the provisions of §§7-8-15, 7-11-6, 7-18-3, 7-22-1, 7-22-2, 7-22-3, 9-18-1, 9-23-1, 9-23-2, and 9-23-3. Source: SL 1972, ch 198, §9; SDCL §34-16B-24; SL 2007, ch 204, §3.
SD Codified L § 34A-6-38 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-38 - Municipal acquisition of property--Maximum duration of contract--Shares of parties to regional or county solid waste authority.

34A-6-38. Municipal acquisition of property--Maximum duration of contract--Shares of parties to regional or county solid waste authority.Municipalities are authorized to acquire by gift, devise, lease, purchase, or eminent domain real or personal property necessary to the installation and operation of a solid waste management system either individually or as a party to a regional or county solid waste authority. A contract for the purchase or lease of such property by a municipality may be for a term not to exceed twenty years. If contracted as a party to a regional or county solid waste authority, each member's share shall be fixed at the time of purchase with provisions for a division of proceeds upon termination of the region or the withdrawal from regional participation. Source: SL 1972, ch 198, §10; SDCL, §34-16B-25; SL 1977, ch 280, §30.
SD Codified L § 34A-6-39 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-39 - Appropriations for long-term contracts.

34A-6-39. Appropriations for long-term contracts.If the term of any contract entered into pursuant to §34A-6-26 or 34A-6-38 extends for more than one year, an appropriation need not have been previously made concerning such expense except sufficient to cover the amount payable or estimated to become payable under such contract for the first year thereof. The governing body shall annually thereafter appropriate sufficient money to cover the amount payable or estimated to become payable under such contract during the ensuing fiscal year. Source: SL 1977, ch 280, §31.
SD Codified L § 34A-6-40 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-40 - Policies and requirements for operation of system.

34A-6-40. Policies and requirements for operation of system.The governing body of any county, municipality, or other political subdivision of the state may, by ordinance or resolution, establish policies and requirements governing the operation of any solid waste management facility or system or any recycling facility owned or operated by the county, municipality, or political subdivision. The policies and requirements may include operating procedures, procedures to protect the safety of operating personnel, hours of operation, and character and kind of wastes accepted by such facilities. Policies and requirements established pursuant to this section shall conform to state statutes and rules related to solid waste and recycling. Source: SL 1972, ch 198, §11; SDCL §34-16B-26; SL 1993, ch 256, §30; SL 2007, ch 204, §4.
SD Codified L § 34A-6-41 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-41 - Local standards for sites and facilities.

34A-6-41. Local standards for sites and facilities.Any local governing body in accordance with existing statutory authority, may by ordinance or resolution adopt standards for the location, design, construction, and maintenance of solid waste disposal sites and facilities more restrictive than those adopted by the State Department of Agriculture and Natural Resources under the provisions of this chapter. Source: SL 1972, ch 198, §5; SDCL, §34-16B-27; SL 1977, ch 280, §32; SL 1986, ch 295, §27; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 34A-6-53 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-53 - Legislative approval required for large-scale solid waste facilities--Requirements--Exception.

34A-6-53. Legislative approval required for large-scale solid waste facilities--Requirements--Exception.No large-scale solid waste facility may be sited, constructed, or operated in this state unless the Legislature enacts a bill approving the siting, construction, or operation of the facility pursuant to a solid waste permit or permit renewals, issued by the Board of Minerals and Environment. The Legislature must find that the facility is environmentally safe and in the public interest. The requirements of this section do not apply to the land application for irrigation purposes of solid waste generated from a livestock processing facility if the application is done in accordance with a solid waste permit or permit renewal issued by the board. Source: SL 1991, ch 453 (I.M. 1); SL 2008, ch 177, §1.
SD Codified L § 34A-6-54 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-54 - Definition of large-scale solid waste facility.

34A-6-54. Definition of large-scale solid waste facility.A large-scale solid waste facility is any single facility, or two or more facilities operated as a single unit, in which over two hundred thousand tons of solid waste is disposed or incinerated per year. Source: SL 1991, ch 453 (I.M. 1).
SD Codified L § 34A-6-55 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-55 - Existing facilities to cease until legislative approval is obtained.

34A-6-55. Existing facilities to cease until legislative approval is obtained.The Board of Minerals and Environment shall cause any existing large-scale solid waste facility to cease operation unless legislative approval as prescribed in §34A-6-53 has been obtained. Source: SL 1991, ch 453 (I.M. 1); SL 2011, ch 165, §122.
SD Codified L § 34A-6-56 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-56 - Approval requirements are retroactive.

34A-6-56. Approval requirements are retroactive.The provisions of §§34A-6-53 to 34A-6-56, inclusive, are retroactive to July 1, 1989. Source: SL 1991, ch 453 (I.M. 1).
SD Codified L § 34A-6-58 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-58 - General permit for category of solid waste treatment, storage or disposal--Terms and conditions--Suspension, revocation or modification.

34A-6-58. General permit for category of solid waste treatment, storage or disposal--Terms and conditions--Suspension, revocation or modification.Upon the recommendation of the secretary and after public notice in at least three newspapers of general circulation in this state and notice to all municipalities, counties, and tribal governments and opportunity for public hearing, the board may issue a general permit for a category of solid waste treatment, storage, or disposal. A general permit issued by the board may be subject to such terms and conditions for installation, establishment, modification, operation, or abandonment of a category of solid waste treatment, storage, or disposal as the board finds reasonably necessary to adequately protect the public health, safety, welfare, and the environment of this state. Waste treatment, storage, or disposal activities conducted in conformity with a general permit do not require a permit issued under §34A-6-1.13.A general permit shall remain in effect until suspended, revoked, or modified by the board. A general permit may be modified after public notice and opportunity for public hearing. A general permit may be suspended or revoked after publication of notice and order of suspension and revocation in at least three newspapers of general circulation in this state. If an affected facility or interested party wishes to contest the order, a request for hearing shall be filed with the department within twenty days. A hearing on the matter shall be held as soon thereafter as practicable. Notice of hearing shall be published in at least three newspapers of general circulation in this state. Any facility operating under a general permit pursuant to this section, upon the filing of a complaint to the board, and upon action by the board in accordance with the contested case provisions of chapter 1-26, may be removed from the jurisdiction of the general permit and required to obtain an individual permit. Source: SL 1991, ch 288, §4.
SD Codified L § 34A-6-59 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-59 - Legislative findings.

34A-6-59.Legislative findings.The Legislature finds that the implementation of federal regulations under subtitle D of the Resource Conservation and Recovery Act, P. L. 94-580, as amended to January 1, 2011, will reduce the available landfill capacity in the state for the disposal of municipal solid waste. The Legislature further finds:(1)That maximum solid waste source reduction, reuse, recycling, and composting are preferable to land disposal, are the most economically sound and environmentally safe methods of solid waste management and are in the best interest of the state in order to protect public health and the environment and to conserve resources, energy, and tax dollars; and(2)That education, research, development, and innovation in the design, management, and operation of source reduction, reuse, recycling, and composting are essential in reducing operating costs and providing incentives for the use of these systems and operations and their products. Source: SL 1992, ch 254, §21; SL 2011, ch 165, §123.
SD Codified L § 34A-6-60 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-60 - Legislative intent to reduce amount of solid waste disposed in landfills.

34A-6-60. Legislative intent to reduce amount of solid waste disposed in landfills.The Legislature intends by §§34A-6-59 to 34A-6-92, inclusive, to establish programs and regulations that reduce the waste stream disposed of in landfills in this state and thus protect the public health, safety, and welfare of all South Dakotans, protect the environment, and return resources back to industry for reuse. The goal of the state is to reduce the amount of materials in the waste stream being landfilled. The amount of materials being landfilled shall be reduced using appropriate methods and technology through the practice of solid waste reduction, waste diversion, reuse, recycling, composting, and waste-to-energy. The goal of the state is to reduce the waste stream disposed in landfills by fifty percent by July 1, 2001. For the purposes of this section, the term, waste stream, means the disposal of solid waste as defined in §34A-6-1.3.The base year for establishing the amount of materials in the waste stream is the calendar year 1990. Total tonnage of solid waste landfilled in the calendar year 1990 is the basis for all waste reduction calculations. In the absence of scale data and cubic yardage data of waste materials landfilled, the base tonnage is calculated as eight-tenths of a ton per year per person, in residence, serviced by the landfill. Tonnage may be estimated by equating one cubic yard of solid waste received at the landfill gate to seven hundred pounds of solid waste. In determining the reduction level of the waste stream, it is assumed that each person in 1990 generated eight-tenths of a ton per year of municipal solid waste.Any landfill that conducted waste reduction or recycling programs before the 1990 base calendar year and increased its ability to reduce waste stream volume may receive credit for prior recycled tonnage in the solid waste source reduction and recycling plan required by §34A-6-74. Similarly, any landfill that has experienced or will experience a growth in its population served may submit justification for increased tonnage, even after waste reduction or recycling programs have been implemented. Source: SL 1992, ch 254, §22; SL 1998, ch 203, §1.
SD Codified L § 34A-6-62 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-62 - Waste reduction and recycling program established.

34A-6-62. Waste reduction and recycling program established.The department shall establish a statewide waste reduction and recycling program to promote the waste management policy contained in §34A-6-59 and 34A-6-60 and the waste management hierarchy contained in §34A-6-1.2. The program shall encourage waste generators to reduce the volume of waste generated and to recycle the waste that is generated. The program shall utilize financial and legal incentives, education, technical assistance, regulation, and other implementation methods. The program shall involve the development of public and private sector initiatives, the development of markets and other opportunities for waste reduction and recycling, and other related efforts. Source: SL 1992, ch 254, §24.
SD Codified L § 34A-6-63 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-63 - Elements of waste reduction and recycling program.

34A-6-63. Elements of waste reduction and recycling program.The elements of the program required in §34A-6-62 shall include promotion of:(1)Efforts to increase the purchase and use of recycled products by government, business, and the public;(2)Efforts to recover recyclable materials from the waste stream;(3)Local efforts to implement recycling collection centers;(4)Local efforts for curbside collection of separated recyclable waste materials and local efforts for drop-off sites or programs for rural areas;(5)Public education programs that promote public awareness of waste volume reduction and the use of recyclable materials;(6)Markets for recyclable materials;(7)Research, manufacturing processes, and product development that provide for source reduction through use of alternative materials and through decreased material input and resource consumption; and(8)Information-sharing and coordination of efforts among state governments in such areas as recycling education, technical assistance, market analysis, and related topics. Source: SL 1992, ch 254, §25.
SD Codified L § 34A-6-63.1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-63.1 - Policies and requirements for purchase, sale, or transfer of solid waste or by-products, recyclable materials, or scrap by local government facility or program.

34A-6-63.1. Policies and requirements for purchase, sale, or transfer of solid waste or by-products, recyclable materials, or scrap by local government facility or program.The governing body of any county, municipality, or political subdivision of the state may, by ordinance or resolution, establish policies, requirements, and procedures for the purchase, acquisition, sale, or transfer of any solid waste, as defined in §34A-6-1.3; solid waste by-products; recyclable materials, as defined in §34A-6-61; and scrap materials by any solid waste or recycling system or facility that is owned or operated by the county, municipality, or political subdivision or by any other facility or program that is owned or operated by the county, municipality, or political subdivision. Policies and requirements established pursuant to this section shall conform to state statutes and rules related to solid waste and recycling.Such purchases, acquisitions, sales, and transfers are exempt from the requirements of chapters 5-18A and 6-13. If the governing body determines that it is in the best interests of the county, municipality, or political subdivision, the governing body may attempt to identify additional prospective buyers or sellers and may negotiate the conditions of such transactions with prospective buyers or sellers, including price, delivery, transport, quantity, and length of contract, to obtain the price or conditions most advantageous to the governing body. The governing body may authorize procedures for adjusting prices to meet changing market conditions not within the control of the purchaser or seller. No governing board member and no officer of the county, municipality, or political subdivision may purchase or acquire the materials described in this section unless such materials are available for sale to or acquisition by the general public. Source: SL 2007, ch 204, §1; SL 2011, ch 2, §141.
SD Codified L § 34A-6-64 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-64 - Disposal of tires.

34A-6-64. Disposal of tires.Disposal of tires at sanitary landfills in this state is prohibited beginning on July 1, 1995, unless the tire has been processed in the manner established in rule by the board. Source: SL 1992, ch 254, §26.
SD Codified L § 34A-6-66 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-66 - Waste tire stockpiling and processing facilities—Promulgation of rules.

34A-6-66. Waste tire stockpiling and processing facilities—Promulgation of rules. The department shall determine the number of stockpiling facilities that are necessary; and the board shall promulgate rules, pursuant to chapter 1-26, for waste tire stockpiling and processing facilities. The rules shall include the following:(1)The prohibition of burning within one hundred yards of a tire stockpile;(2)The maximum height, width, and length of a tire stockpile;(3)Plans to control mosquitos and rodents;(4)A facility closure plan;(5)Specifications for fire lanes between stockpiles;(6)Limitation of the total number of tires allowed at a single stockpile site;(7)Criteria for the issuance of permits to qualified waste tire stockpiling and processing facilities. No waste tire stockpiling or processing may be done without a permit; and(8)Appropriate waste tire processing methods. Source: SL 1992, ch 254, §28; SL 2021, ch 163, § 2.
SD Codified L § 34A-6-67 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-67 - Landfill waste reduction targets--Implementation dates.

34A-6-67. Landfill waste reduction targets--Implementation dates.In order to achieve the waste reduction goals provided for under §34A-6-60, no landfill in the state may accept yard waste, lead acid batteries, waste motor oil, or white good appliances for disposal.Office and computer paper, old newspaper, magazines, telephone books, corrugated cardboard, other marketable paper products, containers made from plastic, aluminum, and steel, and other municipal solid waste materials that are diverted from landfilling using appropriate methods and technology count toward the waste reduction goal. Appropriate methods and technology includes recycling facilities. Source: SL 1992, ch 254, §30; SL 1995, ch 205; SL 1998, ch 203, §2.
SD Codified L § 34A-6-68 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-68 - Code required for rigid plastic bottle or rigid plastic container.

34A-6-68. Code required for rigid plastic bottle or rigid plastic container.Beginning July 1, 1995, no person may distribute, sell, or offer for sale in this state any plastic bottle or rigid plastic container unless the product is labeled with a code indicating the plastic resin used to produce the bottle or container. Rigid plastic bottles or rigid plastic containers with labels and basecups of a different material shall be coded by their basic material. The code shall consist of a number placed within the universal recycling symbol and letters placed below the symbol. The number used shall be as follows:(1)1.-PETE (polyethylene terephthalate);(2)2.-HDPE (high density polyethylene);(3)3.-V (vinyl);(4)4.-LDPE (low density polyethylene);(5)5.-PP (polypropylene);(6)6.-PS (polystyrene);(7)7.-OTHER (includes multi-layer).The Department of Agriculture and Natural Resources shall maintain a list of the label codes provided in this section and shall provide a copy of that list to any person upon request. Source: SL 1992, ch 254, §31; SL 2003, ch 272 (Ex. Ord. 03-1), §20; SL 2011, ch 1 (Ex. Ord. 11-1), §154, eff. Apr. 12, 2011; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 34A-6-69 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-69 - Inspection of facilities.

34A-6-69. Inspection of facilities.The department may inspect, as provided in §34A-6-1.20, any facility engaged in the transport, storage, or processing of materials for recycling, reuse, or other solid waste management purposes. Source: SL 1992, ch 254, §32.