reglab/housing_qa huggingface dataset:
SD Codified L § 34A-6-1.4 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.4 - Unauthorized construction or operation of site or facility prohibited--Unauthorized dumping, disposal in water, burning prohibited--Exception--Penalties for violation.

34A-6-1.4. Unauthorized construction or operation of site or facility prohibited--Unauthorized dumping, disposal in water, burning prohibited--Exception--Penalties for violation.No person may construct, alter, or operate a solid waste disposal site or facility without a permit or in violation of §§34A-6-1.1 to 34A-6-1.38, inclusive, the rules or the terms and conditions of the facility permit. Nor may any person dump, abandon, or dispose of any solid waste that will not be regularly collected and deposited or directly disposed of at a permitted solid waste facility or other site approved by the board.No person may dispose of, or place, solid waste in the waters of this state except to the extent that such disposal or placement is authorized by chapter 34A-2 and the water pollution control laws of the United States. No person may burn solid waste except as provided by §34A-6-1.6 and except in a manner and under conditions approved by the department or board pursuant to chapter 34A-1.No provision of §§34A-6-1.1 to 34A-6-1.38, inclusive, may be construed so as to prohibit a farmer or rancher from disposing of solid waste from normal farming operations or ordinary domestic activities upon his own land provided such disposal does not create a nuisance or a hazard to public health, does not violate a local ordinance, will not unlawfully pollute ground or surface waters or does not violate chapter 34A-1 or 34A-2 or the water or air pollution control laws of the United States.A violation of this section is a Class 2 misdemeanor. The violator is also subject to a civil action by the State of South Dakota in circuit court for the recovery of a civil penalty of not more than ten thousand dollars per day per violation, for damages to compensate the state for impairment of the environment of this state, or both. An action for the recovery of a civil penalty or compensatory damages shall, upon demand, be tried by a jury. Source: SL 1989, ch 306, §5; SL 1992, ch 158, §39.
SD Codified L § 34A-6-1.6 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.6 - Promulgation of rules--Factors for consideration--Scope--Open burning.

34A-6-1.6. Promulgation of rules--Factors for consideration--Scope--Open burning.The board shall promulgate rules pursuant to chapter 1-26 setting forth the requirements for the issuance, renewal, reissuance, revocation, or suspension of solid waste management system, solid waste facility, and resource recovery permits. In promulgating these rules the board shall consider and may establish requirements based on the protection of the public health, the quantity of solid waste to be handled, the environmental effects of solid waste facilities, the nature, origin, or characteristics of the solid waste, the potential for contamination of groundwater and surface water, requirements and standards for corrective actions, requirements for public roadway standards, and design for access to the facilities with approval by the secretary of the Department of Transportation, public sentiment, the financial capability of the applicant, the effects of a facility on vicinity property values, population density, climate, soils, geology, wetlands, and other health, environmental, economic, or aesthetic considerations.The rules shall establish standards for the collection, possession, storage, transportation, processing, resource recovery, recycling, or disposal of solid waste including medical waste and infectious waste. The rules shall include the location, construction, operation, compliance deadlines, maintenance, closure, postclosure, groundwater monitoring, leachate control and treatment, methane monitoring and control, and financial assurance standards and requirements for solid waste facilities as necessary to implement the purpose and intent of §34A-6-1.2. Based upon these considerations, the board may declare by rule, or find in a specific case, that a specified geographical area of the state possesses special or unique characteristics subject to specific requirements, and the board may prohibit the installation or establishment of specific types or sizes of solid waste facilities in these specified geographical areas of the state based on these findings.Open burning is allowable, unless prohibited by federal law, subject to chapter 34A-1, by municipalities of five thousand or less or by counties for persons living within the county but outside the boundaries of municipalities, if the municipality or county facility does not receive solid waste from more than fifty miles outside its boundaries. Source: SL 1989, ch 306, §7; SL 1992, ch 254, §50S; SL 1992, ch 259, §11.
SD Codified L § 34A-6-1.7 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.7 - Groundwater monitoring system required--Exception.

34A-6-1.7. Groundwater monitoring system required--Exception.The board shall require that, unless it is demonstrated in a specific case that groundwater degradation will not occur, the holder of the permit for each landfill permitted pursuant to §34A-6-1.13, shall install and maintain a groundwater monitoring system to adequately determine the quality of the groundwater and the effects of the landfill upon it, if any. The rules and decisions of the board and the department shall operate in conjunction with the groundwater rules promulgated by the Board of Water Management pursuant to chapter 34A-2 and shall protect groundwater from degradation by solid waste to the greatest extent practicable. Source: SL 1989, ch 306, §8.
SD Codified L § 34A-6-1.8 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.8 - Areas addressed in application--Exception.

34A-6-1.8. Areas addressed in application--Exception.Each of the following specific areas shall be addressed in detail in the application unless the secretary in accordance with rules promulgated pursuant to §34A-6-1.6 determines that it is inappropriate for the specific type of facility:(1)An operations plan which details the specific disposal or resource recovery method to be used including the daily and weekly disposal and cover routine, litter control, source controls and monitoring, occupational safety, dust control, weigh-in, and fee collection method where applicable, and quality control;(2)A closure and post-closure plan detailing the schedule for and the methods by which the operator will meet the conditions for proper closure and post-closure adopted by rule by the board. The plan shall include the proposed frequency and types of actions to be implemented prior to and following the closure of an operation, the proposed post-closure actions to be taken to return the area to a condition suitable for other uses, and an estimate of the costs of closure and post-closure and the proposed method of meeting these costs. The post-closure plan shall cover the thirty-year time period following closure of the facility;(3)A plan for the control and treatment of leachate and methane;(4)A financial plan detailing the actual cost of all phases and components of the comprehensive plan and the solid waste facility and the funding sources for the project. In addition to the submittal of the financial plan filed pursuant to this division, the operator of an existing landfill shall submit an annual financial statement to the department; and(5)An emergency response and remedial action plan including provisions to minimize the possibility of fire, explosion, or any release to air, land, or water of pollutants that could threaten human health and the environment, and the identification of possible occurrences that may endanger human health and environment. Source: SL 1989, ch 306, §10; SL 1993, ch 256, §27.
SD Codified L § 34A-6-1.9 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.9 - Perpetual responsibility for solid waste and liability for pollution.

34A-6-1.9. Perpetual responsibility for solid waste and liability for pollution.Any nation, state, first or second class municipality, county, or political subdivision which has solid waste generated within its boundaries disposed of in this state shall be responsible in perpetuity for the solid waste and liable in perpetuity for any pollution or other deleterious effect caused by it. Source: SL 1989, ch 306, §11; SL 1992, ch 60, §2.
SD Codified L § 34A-6-1.10 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.10 - Responsibility and liability of owner or operator.

34A-6-1.10. Responsibility and liability of owner or operator.The owner or operator of a solid waste disposal facility that is regulated under §§34A-6-1.1 to 34A-6-1.38, inclusive, is responsible in perpetuity for the solid waste and liable in perpetuity for any pollution or other detrimental effect caused by the solid waste. No person may dispose of solid waste other than mine wastes in this state until the owner or operator of the solid waste disposal facility executes an agreement with the board acknowledging such perpetual responsibility and liability for the solid waste. Source: SL 1989, ch 306, §11A.
SD Codified L § 34A-6-1.11 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.11 - Financial assurance instrument--Condition for permit.

34A-6-1.11. Financial assurance instrument--Condition for permit.The board may require as a condition of any permit a financial assurance instrument in a form and an amount prescribed by rules promulgated pursuant to §34A-6-1.6 or by the specific permit terms and conditions, sufficient to assure performance of the obligations imposed by this chapter and the other environmental laws of this state. The amount and form of the financial assurance instrument shall be specified in the permit.The financial assurance instrument shall meet all requirements adopted by rule by the board, shall be in the name of and constitute an asset of the state, may not constitute an asset of the owner prior to release by the board, and may not be cancelled, revoked, disbursed, released, allowed to terminate, or subject to process of any kind by creditors except to the extent that the board has released the owner from operational performance, closure, post-closure, or monitoring responsibilities. Source: SL 1989, ch 306, §12; SL 1993, ch 256, §28.
SD Codified L § 34A-6-1.12 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.12 - Maintenance of closure and post-closure accounts--Requirements.

34A-6-1.12. Maintenance of closure and post-closure accounts--Requirements.In addition to financial assurance instruments for environmental protection, the board may require the owner to maintain closure and post-closure accounts. The board shall adopt by rule the amounts to be contributed to the accounts. The accounts established shall be specific to the facility.(1)Money in the accounts may not be assigned or otherwise encumbered for the benefit of creditors with the exception of the state.(2)Money in an account may not be used to pay any final judgment against a permittee arising out of the ownership or operation of the site during its active life or after closure.(3)Conditions under which the department may gain access to the accounts and circumstances under which the accounts may be released to the operator after closure and post-closure responsibilities have been met shall be established by the board.(4)Money in the accounts shall be exempt from execution by creditors except fines, penalties, or damages due the state.(5)The annual financial statement submitted to the department shall include the current amounts established in each of the accounts and the projected amounts to be deposited in the accounts in the following year. Source: SL 1989, ch 306, §13.
SD Codified L § 34A-6-1.13 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.13 - Notice and opportunity for hearing--Issuance of permit--Contested cases--Grounds for denial.

34A-6-1.13. Notice and opportunity for hearing--Issuance of permit--Contested cases--Grounds for denial.The board or the secretary, after public notice and opportunity for public hearing, may issue a permit with reasonable terms and conditions for installation, establishment, modification, operation, or abandonment of a solid waste facility. After publication of the secretary's recommendation on a permit application as provided for under §34A-6-1.14, if no petition for contested case is timely filed, the recommendation of the secretary becomes the final determination on the application. If an uncontested recommendation is for approval or conditional approval of the application, the permit shall be issued by the secretary consistent with the secretary's recommendation. The board may issue a permit in a contested case on the basis of information in the application itself or on the basis of evidence received at a hearing, if any, on the matter only if the board finds that the facility will meet the requirements of §§34A-6-1.1 to 34A-6-1.38, inclusive, and is in the public interest.The board may deny any permit in a contested case if it finds that the applicant, or any officer, director, or manager of the applicant, or shareholder owning twenty percent or more of its capital stock, beneficial or otherwise, or other person conducting or managing the affairs of the applicant or of the proposed permitted premises in whole or part:(1)Has misrepresented a material fact in applying to the board for a permit;(2)Has been convicted of a felony or other crime involving moral turpitude;(3)Has violated the environmental laws of any state or the United States;(4)Has had any permit revoked under the environmental laws of any state or the United States; or(5)Has otherwise demonstrated through previous actions the lack of character or competency to reliably carry out the obligations imposed by §§34A-6-1.1 to 34A-6-1.38, inclusive.For the purpose of this section, the conduct and reputation of any owner or proposed manager or operator may be imputed to the applicant. Source: SL 1989, ch 306, §14; SL 1991, ch 288, §6; SL 2011, ch 165, §111.
SD Codified L § 34A-6-1.14 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.14 - Promulgation of rules specifying procedure for permit issuance, amendment, suspension, revocation, and reinstatement--Recommendation of secretary--Notice and hearing.

34A-6-1.14. Promulgation of rules specifying procedure for permit issuance, amendment, suspension, revocation, and reinstatement--Recommendation of secretary--Notice and hearing.The board shall promulgate rules pursuant to chapter 1-26 to specify the procedure for permit issuance, amendment, suspension, revocation, and reinstatement. The rules shall address application form and contents; application completeness review; departmental investigation and evaluation of applications; the form, content, and method and timing of publication or other service of the notice of application and departmental recommendation; intervention by interested parties; scheduling and conduct of hearings; prehearing discovery; continuances; and other matters as necessary to effectuate the permitting process. The secretary may recommend approval, denial, or approval with such terms, conditions, or modifications as the secretary deems necessary to comply with §§34A-6-1.1 to 34A-6-1.38, inclusive, and to protect the public interest. A notice of application and the recommendation of the secretary shall be published in at least one official newspaper of the county in which the facility is located. A hearing may be held only if a petition requesting a hearing is filed by the secretary, any member of the board, the applicant, or an interested person within thirty days after the publication of the notice and recommendation. If a petition for hearing is not timely filed, the recommendation of the secretary becomes the final decision on the application. If an uncontested recommendation is for approval or conditional approval of the application, the permit shall be issued by the secretary consistent with the secretary's recommendation. Source: SL 1989, ch 306, §15; SL 1991, ch 288, §7; SL 2011, ch 165, §112.
SD Codified L § 34A-6-1.15 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.15 - Amendment of permit--Procedure--Grounds.

34A-6-1.15. Amendment of permit--Procedure--Grounds.The procedure to amend a permit may be initiated by an application filed by the owner of the facility or by a petition filed by the department or a member of the board specifying the requested modification and the reasons for it. A request for amendment shall be granted if it is demonstrated that the change is necessary to meet the requirements established by §§34A-6-1.1 to 34A-6-1.38, inclusive, and is in the public interest or, in the case of a request by the permit holder, that the change will meet the requirements of §§34A-6-1.1 to 34A-6-1.38, inclusive, and is in the public interest. Source: SL 1989, ch 306, §16.
SD Codified L § 34A-6-1.16 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.16 - Initial validity period of permits--Renewal--Assessment of fees.

34A-6-1.16. Initial validity period of permits--Renewal--Assessment of fees.Permits granted by the board under this chapter shall be initially valid for up to two years from the date of issuance and may be renewed for periods of up to five years.The department shall assess for the processing of all permits, amendments and renewals an application fee. The fee shall be assessed as follows: (1)Facilities receiving wastes of more than 150,000 tons per annum: ................................................................. $ 5,000(2)Facilities receiving between 5,000 tons and 150,000 tons per annum: .................................................................... $ 500(3)Facilities receiving between 500 tons and 4,999 tons per annum: .................................................................. $ 250 Source: SL 1989, ch 306, §17; SL 1993, ch 257, §6.
SD Codified L § 34A-6-1.17 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.17 - Additional fee imposed upon disposal of certain solid waste.

34A-6-1.17. Additional fee imposed upon disposal of certain solid waste.Because of the additional environmental risks attending large-scale solid waste facilities, a solid waste disposal fee of three dollars per ton or part thereof is hereby levied and imposed upon the disposal of solid waste other than mine wastes at any solid waste disposal facility in this state permitted for more than two hundred fifty thousand tons of solid waste per annum. The fee imposed by this section shall be in addition to all other fees and taxes levied by law and shall be added to and constitute part of any other fee charged by the operator or owner of the solid waste disposal facility. Neither this fee nor any fees authorized by §34A-6-1.38 may be imposed upon the disposal of waste by the state or any of its institutions. In the case of any solid waste facility that receives solid waste only from entities that have implemented a solid source reduction and recycling program, the fees provided for this section shall only be required if the facility receives more than two hundred fifty thousand tons of solid waste per year.The disposal fee herein imposed shall be paid by the owner of the solid waste disposal facility and remitted to the state treasury. The obligation of the owner to pay the fee accrues at the time solid waste is disposed of at a solid waste facility. The fee imposed by this section shall be due and payable on or before the fifteenth day of the month next succeeding the month in which the fee accrued together with a return on such form or forms as may be prescribed by the secretary of revenue. Each owner of a facility who is required to pay the fee imposed by this section shall keep complete and accurate records in such form as the board or the secretary of revenue, by rule promulgated pursuant to chapter 1-26, may require.Fees collected under this section shall be deposited in the South Dakota environment and water resources trust fund established pursuant to §46A-1-82. Source: SL 1989, ch 306, §18; SL 1992, ch 256.
SD Codified L § 34A-6-1.18 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.18 - Sections not applicable.

34A-6-1.18. Sections not applicable.Sections 34A-6-1.7, 34A-6-1.9, and 34A-6-1.17 do not apply to existing facilities or to any new facility which handles less than twenty-five thousand tons per annum, unless required by federal law or regulation or unless the department can affirmatively demonstrate in a specific case that groundwater contamination is actually occurring. Source: SL 1989, ch 306, §18A; SL 1994, ch 282.
SD Codified L § 34A-6-1.19 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.19 - Requirements relating to board's inability to inspect out-of-state solid waste at point of origin--Maintenance and filing of certain records.

34A-6-1.19. Requirements relating to board's inability to inspect out-of-state solid waste at point of origin--Maintenance and filing of certain records.Because of the inability of the department to inspect out-of-state solid waste at the point of origin, the board may require: (1) that any person disposing of solid waste originating from outside this state file with the operator of the solid waste facility records concerning the type, amount, and origin of solid waste disposed of by him; and (2) that any owner of solid waste facilities receiving waste from outside this state maintain records and file them with the department concerning the type, amount, and origin of solid waste accepted by him. Source: SL 1989, ch 306, §19.
SD Codified L § 34A-6-1.20 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.20 - Periodic inspections--On-site investigations.

34A-6-1.20. Periodic inspections--On-site investigations.The secretary shall make periodic inspections at every permitted solid waste facility to effectively implement and enforce the requirements of §§34A-6-1.1 to 34A-6-1.38, inclusive, and may, in coordination with the secretary of the Department of Transportation, conduct at weigh stations or any other adequate site or facility inspections of solid waste in transit.In addition, the secretary may at reasonable times, enter onto any solid waste facility, open dump or property where solid waste is present for the purpose of investigating any potential violation of §§34A-6-1.1 to 34A-6-1.38, inclusive.In conducting these investigations the department may take samples of the waste, soils, air, or water or may, upon issuance of an order, require any person to take and analyze samples of such waste, soil, air, or water. The secretary may also perform or require a person, by order, to perform any and all acts necessary to carry out the provisions of §§34A-6-1.1 to 34A-6-1.38, inclusive. Source: SL 1989, ch 306, §20.