reglab/housing_qa huggingface dataset:
SD Codified L § 34A-16-16 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-16 - District's interest in real or personal property.

34A-16-16. District's interest in real or personal property.A district may acquire by purchase, lease, condemnation, gift, or grant, any right, title, and interest in and to any real or personal property deemed necessary for the exercise of its powers or the accomplishment of its purposes, including easements. Any public agency as defined in §1-24-1 may convey to or permit the use of any property or facilities by the district, subject to the rights of the holders of any bonds issued with respect thereto, with or without compensation and without an election or approval by any other government agency. The district may hold the property for its purposes, and may lease, rent, or enter into contracts with respect to the property upon the terms and in the manner it deems advisable. The right to acquire lands and property rights by condemnation shall be exercised in accordance with chapter 21-35. Source: SL 1993, ch 259, §16.
SD Codified L § 34A-16-17 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-17 - Application and acceptance of gifts, grants, or loans.

34A-16-17. Application and acceptance of gifts, grants, or loans.The district may apply for and accept gifts, loans, or other property from the United States, the state, any public agency as defined in §1-24-1, or any person for any of its purposes, may enter into any agreement required in connection therewith, and may hold, use, and dispose of the money or property in accordance with the terms of the gift, grant, loan, or agreement. Source: SL 1993, ch 259, §19.
SD Codified L § 34A-16-18 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-18 - Use of real or personal property--Tax exemption--Special assessments.

34A-16-18. Use of real or personal property--Tax exemption--Special assessments.Any real or personal property owned, leased, used, or occupied by the district for any authorized purpose is acquired, owned, used, and occupied for public and governmental purposes, and is exempted from taxation by the state or any political subdivision of the state. However, those properties are subject to special assessments levied by a political subdivision for a local improvement in amounts proportionate to and not exceeding the special benefit received by the properties from the improvement. No possible use of the properties in any manner different from their use for solid waste management at the time may be considered in determining the special benefit received by the properties. Source: SL 1993, ch 259, §20.
SD Codified L § 34A-16-19 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-19 - Power to contract for operation and improvement of facilities.

34A-16-19. Power to contract for operation and improvement of facilities.The district may construct, equip, develop, enlarge, improve, and operate solid waste facilities and services as it deems necessary and may negotiate contracts for the use of public or private facilities and services. The district may contract with any person, municipality, county, or other district for the construction, maintenance, and operation of, or for the provision of, facilities and services either within or without its boundaries if the commissioners of the district determine the facilities and services are adequate and available for use. Source: SL 1993, ch 259, §21.
SD Codified L § 34A-16-20 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-20 - Establishment and collection of general rates and charges--Public hearing required--Publication of notice.

34A-16-20. Establishment and collection of general rates and charges--Public hearing required--Publication of notice.The district may establish and collect general rates and charges for the generation of solid waste and for the facilities and services provided by the district and may negotiate and collect payments for facilities and services contracted by the district. Before establishing or raising any general rates and charges, the board of commissioners shall hold a public hearing regarding the proposed rates and charges. Before publishing notice of hearing regarding proposed general changes in rates and charges, the district shall provide to the governing body of each county and municipality included within the district the financial information upon which the proposed changes are based. Notice of the hearing shall be published at least once in each of the official newspapers of the municipalities and counties included in the district. Publication may be no more than forty-five days and no less than fifteen days before the date of the hearing. Rates and charges may take into account the character, kind and quality of the service and of the solid waste, the method of disposition, the number of people served at each place of collection and all other factors which the board of commissioners, in its reasonable judgment, determines to be necessary or appropriate in establishing fair and equitable rates and charges, including establishment of reasonable reserves and depreciation and payment of principal and interest on money borrowed by the district for the acquisition or betterment of facilities. Source: SL 1993, ch 259, §22.
SD Codified L § 34A-16-21 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-21 - Manner of billing and collecting--Discontinuance of service.

34A-16-21. Manner of billing and collecting--Discontinuance of service.The rates and charges may be billed and collected in a manner the board shall determine. The board may impose a fee as a deposit for the service provided by the district. The district may, with notice, discontinue service to any person who fails to pay for the service provided by the district. Any district which discontinues service pursuant to this section shall notify the municipality, or county if the person whose service is discontinued resides outside a municipality, in writing that such person's service has been discontinued. Any municipality or county which is notified pursuant to this section shall enforce the applicable public nuisance provisions in force in the municipality or county. Source: SL 1993, ch 259, §23.
SD Codified L § 34A-16-22 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-22 - Incentives to reduce waste and separate recyclable materials.

34A-16-22. Incentives to reduce waste and separate recyclable materials.A regional recycling and waste management district may:(1)Charge or require any person who collects solid waste in the district to charge solid waste generators rates for collection or disposal that vary depending on the volume or nature of waste generated and the potential for encouraging recycling or waste volume reduction;(2)Require collectors to provide financial incentives to solid waste generators who separate recyclable materials from their waste; or(3)Require use of any other mechanism to provide encouragement or rewards to solid waste generators who reduce their waste generation or who separate recyclable materials from their waste. Source: SL 1993, ch 259, §24.
SD Codified L § 34A-16-23 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-23 - Disposal of products and energy produced.

34A-16-23. Disposal of products and energy produced.The district may use, sell, or otherwise dispose of all of the products and energy produced by its facilities under such terms as the board of commissioners may determine. Source: SL 1993, ch 259, §25.
SD Codified L § 34A-16-24 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-24 - Joint-powers agreements.

34A-16-24. Joint-powers agreements.The district may enter into joint-powers agreements under the provisions of chapter 1-24, or any other law providing for joint or cooperative action between public agencies or Indian tribes. Nothing in this chapter limits the powers of any county or municipality to create separate entities under joint-powers agreements pursuant to chapter 1-24. Source: SL 1993, ch 259, §26.
SD Codified L § 34A-16-25 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-25 - Authorized activities.

34A-16-25. Authorized activities.The district may conduct research studies and programs, collect and analyze data, prepare reports, maps, charts, and tables and conduct all necessary hearings and investigations in connection with its work and may advise and assist other government units on planning matters within the scope of its powers, duties, and objectives. Source: SL 1993, ch 259, §27.
SD Codified L § 34A-16-26 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-26 - Insurance.

34A-16-26. Insurance.The district may require any employee to obtain and file with it an individual bond or fidelity insurance policy. It may procure insurance in amounts it deems necessary to insure against liability of the district, the board of commissioners or employees, for personal injury or death and property damage or destruction, and against risks of damage to or destruction of any of its facilities, equipment or other property as it deems necessary, or the district board may determine to self-insure for some or all of such risks. The district may procure or arrange for the procurement of any form of insurance for the protection or benefit of its employees. Source: SL 1993, ch 259, §28.
SD Codified L § 34A-16-27 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-27 - Purchases.

34A-16-27. Purchases.The provisions of chapter 5-18A apply to purchases by the district. Source: SL 1993, ch 259, §29; SL 2011, ch 2, §142.
SD Codified L § 34A-16-29 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-29 - Issuance of bonds to pay for closure, postclosure, and contingency costs for responses to releases from facilities or to refund outstanding bonds.

34A-16-29. Issuance of bonds to pay for closure, postclosure, and contingency costs for responses to releases from facilities or to refund outstanding bonds.Any county or municipality, by resolution, may authorize the issuance of bonds to provide funds for the closure, postclosure, and contingency costs for solid waste facilities, for responses to releases from solid waste facilities or for refunding any outstanding bonds issued for any such purpose, and may pledge to the payment of the bonds and the interest thereon, its full faith, credit and taxing powers, or the proceeds of any designated tax levies, or any combination thereof. The bonds shall be issued and sold in accordance with the provisions of chapter 6-8B, but no election is required to authorize the issuance of bonds under this section. Source: SL 1993, ch 259, §31.
SD Codified L § 34A-16-30 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-30 - Use of proceeds under § 34A-16-29 limited.

34A-16-30. Use of proceeds under §34A-16-29 limited.The proceeds of county or municipal bonds issued under §34A-16-29 for closure, postclosure, and contingency costs and noncapital responses to releases may be used only for publicly-owned solid waste facilities in existence on, or closed prior to, March 14, 1993. Source: SL 1993, ch 259, §32.
SD Codified L § 34A-16-31 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-31 - Solid waste management fund--Separate accounts--Audit requirements.

34A-16-31. Solid waste management fund--Separate accounts--Audit requirements.Any district owning or operating solid waste management property or facilities shall continuously maintain a special account on its official books and records designated as the solid waste management fund, to which it shall credit all receipts from the contracts, rates, and charges authorized in this chapter and from the sale of real or personal property pertaining to solid waste management purposes, and the proceeds of all gifts, grants, loans, and issues of bonds for such purposes, and to which it shall charge all costs of the acquisition, construction, enlargement, improvement, repair, supervision, control, maintenance, and operation of property, facilities, and services. Separate accounts may be established within this fund for the segregation of revenues pledged for the payment of bonds or loans or money granted or borrowed for use for a specific purpose. The district shall provide an annual statement of assets, debts, revenue, and expenses to the governing body of each county and municipality included with the district. The district is subject to the same audit requirements as those set for counties in §4-11-4. Source: SL 1993, ch 259, §33.
SD Codified L § 34A-16-32 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-32 - Designation and reviewing authority defined.

34A-16-32. Designation and reviewing authority defined.For purposes of this chapter, the term "designation" means a requirement by a regional recycling and waste management district that all or any portion of the solid waste that is generated within its boundaries or any service area of the district be delivered to a processing or disposal facility identified by the district.For purposes of this chapter, the term "reviewing authority" means the Board of Minerals and Environment. Source: SL 1993, ch 259, §34.
SD Codified L § 34A-16-33 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-33 - Obtaining designation authority.

34A-16-33. Obtaining designation authority.A regional recycling and waste management district may obtain designation authority if:(1)Designation authority has been included in the district's articles of incorporation;(2)The district has prepared a comprehensive solid waste management plan and designation plan as provided in §34A-16-35;(3)The district's designation plan has been approved by the reviewing authority pursuant to §34A-16-38; and(4)The district has adopted a designation ordinance as provided in §§34A-16-40 to 34A-16-44, inclusive. Source: SL 1993, ch 259, §35.
SD Codified L § 34A-16-34 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-34 - Application of designation.

34A-16-34. Application of designation.The designation may not apply to or include materials that are separated from solid waste by the generator of the waste for reuse or recycling and recovered for reuse in their original form or for use in manufacturing processes. Source: SL 1993, ch 259, §36.
SD Codified L § 34A-16-35 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-35 - Adoption of management plan--Designation plan--Requirements for designation plan.

34A-16-35. Adoption of management plan--Designation plan--Requirements for designation plan.Before adopting a designation ordinance, the district shall adopt a comprehensive solid waste management plan. The district shall also prepare a designation plan which may be combined with the comprehensive solid waste management plan. A district's designation plan shall be consistent with its solid waste management plan. The designation plan shall evaluate:(1)The benefits of the designation, including the public purposes achieved by the conservation and recovery of resources, the furtherance of the district's comprehensive solid waste management plan, the assurance of proper solid waste disposal, and the reduction of potential liability of the district's members under state and federal law;(2)The estimated costs of the designation, including the direct capital, operating, and maintenance costs of the facility designated, the indirect costs and the long-term effects of the designation;(3)Whether the designation will result in the recovery of resources or energy from the materials that would otherwise be wasted;(4)Whether the designation will lessen the demand for and use of indiscriminate land disposal of solid waste;(5)Whether the designation is necessary for the financial support of the facility;(6)Whether less restrictive methods for ensuring an adequate solid waste supply are available; and(7)Other feasible and prudent waste management alternatives for accomplishing the purposes of the proposed designation, the direct and indirect costs of the alternatives, including capital and operating costs, and the effects of the alternatives on the cost to generators. Source: SL 1993, ch 259, §37.
SD Codified L § 34A-16-36 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-36 - Required evaluations for plan proposing designation to facilities.

34A-16-36. Required evaluations for plan proposing designation to facilities.If the plan proposes designation to disposal facilities, the designation plan shall also evaluate:(1)Whether the disposal facility is part of an integrated waste management system involving a processing facility and the designation is necessary for the financial support of the processing facility;(2)Whether the designation will better serve to protect public health and safety;(3)The impacts on other disposal facilities inside and outside the area;(4)Whether the designation is necessary to promote regional waste management programs and cooperation; and(5)The extent to which the design and operation of the disposal facility protects the environment including whether it is permitted under current law. Source: SL 1993, ch 259, §38.
SD Codified L § 34A-16-37 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-37 - Certain waste under contract between hauler and different facility exempt during contract period--Exemption for certain electric generation facilities.

34A-16-37. Certain waste under contract between hauler and different facility exempt during contract period--Exemption for certain electric generation facilities.If the plan proposes designation to a disposal facility, any solid waste that is subject to a contract between a hauler and a different facility that is in effect on the date notice is given under §34A-16-40 is not subject to the designation during the contract period. The owner of any electric generation facility located within the State of South Dakota which has been authorized by the Department of Agriculture and Natural Resources to operate a solid waste facility on its owned or leased realty for the purpose of disposing of solid waste resulting from the generation of electricity shall be excluded from the effect of this chapter and its owned or leased realty used for the siting of its electric generation facility and its solid waste storage may not be a geographical part of any such district. Source: SL 1993, ch 259, §39; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 34A-16-38 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-38 - Review and approval of designation plan.

34A-16-38. Review and approval of designation plan.The district shall submit the designation plan to the reviewing authority for review and approval or disapproval. If the designation plan has been approved by the reviewing authority or another state agency as part of the review and approval of a comprehensive solid waste management plan for the district, then no further submission or approval is required under this chapter. Source: SL 1993, ch 259, §40.
SD Codified L § 34A-16-39 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-39 - Time limit to review plan--Requirements for approval.

34A-16-39. Time limit to review plan--Requirements for approval.The reviewing authority shall complete its review pursuant to §34A-16-38 and make its decision within ninety days following submission of the plan for review. The reviewing authority shall approve the designation plan if the plan satisfies the requirements of §§34A-16-35 to 34A-16-37, inclusive, or, in the case of designation to disposal facilities, if the reviewing authority finds that the plan has demonstrated that the designation is necessary and is consistent with the comprehensive waste management plan. The reviewing authority may attach conditions to its approval that relate to matters required in a designation ordinance under §§34A-16-41 and 34A-16-42. Any substantive amendment to the plan shall be submitted for review in accordance with this section. Source: SL 1993, ch 259, §41.
SD Codified L § 34A-16-40 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-40 - Procedure for adopting or amending designation ordinance--Hearing--Notice.

34A-16-40. Procedure for adopting or amending designation ordinance--Hearing--Notice.A district with an approved designation plan shall proceed as provided in this section when adopting or amending a designation ordinance. The district shall hold a public hearing. Notice of the hearing shall:(1)Be published in each official newspaper of the counties and municipalities included in the district once a week for two successive weeks, the first publication being at least ten days before the date of the hearing;(2)Be mailed to counties, municipalities, processing and disposal facility operators, and licensed solid waste collectors who may be expected to use the facility;(3)Describe the area in which the designation will apply and the plans for the use of the solid waste;(4)Specify the point of delivery of the solid waste;(5)Estimate the types and quantities of solid waste subject to the designation; and(6)Estimate the fee to be charged for the use of the facilities and for any products of the facilities.A designation ordinance is not invalid by reason of the failure of the district to provide written notice to an entity listed in this section. Following the public hearing, the designation ordinance may be adopted with or without amendment. However, no property may be included in the area in which the designation applies which has not been described in the notice required in this section. Source: SL 1993, ch 259, §42.