reglab/housing_qa huggingface dataset:
SD Codified L § 34A-6-1.21 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.21 - Suspension or revocation of permit--Grounds--Notice and hearing.

34A-6-1.21. Suspension or revocation of permit--Grounds--Notice and hearing.A permit may be suspended or revoked if its terms or conditions or the provisions of §§34A-6-1.1 to 34A-6-1.38, inclusive, are violated. The secretary may initiate the process to suspend or revoke by serving a notice and order of suspension or revocation on the permit holder. The notice shall be published in one official newspaper of the county in which the facility is located. If the permit holder 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 served on the permit holder and any interested person who has filed a petition for intervention in the matter within the twenty-day period. Source: SL 1989, ch 306, §21.
SD Codified L § 34A-6-1.22 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.22 - Notice of violation--Contents.

34A-6-1.22. Notice of violation--Contents.If the secretary has reason to believe that a violation of §§34A-6-1.1 to 34A-6-1.38, inclusive, has occurred, the secretary shall cause written notice to be served personally or by mail upon the alleged violator or the alleged violator's agent. The notice shall state the provision alleged to be violated, the facts alleged to constitute a violation, the nature of any corrective action proposed to be required, and the time within which such action is to be taken. For the purpose of §§34A-6-1.1 to 34A-6-1.38, inclusive, service by mail is deemed complete on the date of mailing. Source: SL 1989, ch 306, §22; SL 2011, ch 165, §113.
SD Codified L § 34A-6-1.23 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.23 - Secretary may require appearance for public hearing--Alternative procedures.

34A-6-1.23. Secretary may require appearance for public hearing--Alternative procedures.In a notice given under §34A-6-1.22, the secretary may also require the alleged violator to appear for a public hearing to be conducted before the board, and to answer the charges made against the alleged violator. If the secretary does not require an alleged violator to appear for a public hearing pursuant to this section, the alleged violator, a member of the board, or an interested person may request the board to conduct such a hearing. Such request shall be in writing and shall be filed with the board no later than ten days after service of a notice under §34A-6-1.22. If such a request is filed, a hearing shall be held as soon as practicable. In such event, notice of hearing shall be provided which meets the requirements of §1-26-17, and notice shall also be given in a manner which will reasonably inform the public. Source: SL 1989, ch 306, §23; SL 2011, ch 165, §114.
SD Codified L § 34A-6-1.24 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.24 - Decision by board--Scope and content of order.

34A-6-1.24. Decision by board--Scope and content of order.After a hearing, or on the failure of an alleged violator to make a timely request for a hearing, the board may issue an appropriate decision in compliance with §1-26-25 and an order to prevent, abate, restrain, or control acts in violation of §§34A-6-1.1 to 34A-6-1.38, inclusive, or to protect the public interest. The order shall state the date or dates by which any violation shall cease and may prescribe timetables for obtaining compliance and for necessary action in preventing, abating, or controlling the pollution. Source: SL 1989, ch 306, §24.
SD Codified L § 34A-6-1.25 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.25 - Effect of appeal upon order.

34A-6-1.25. Effect of appeal upon order.Notwithstanding the provisions of §1-26-32, an appeal may not stay the effectiveness of any order of the board, unless the court finds that there is probable cause to believe that refusal to grant a stay will cause more serious harm to the affected party than granting it will cause to the environment, the public health, or the public interest. Source: SL 1989, ch 306, §25.
SD Codified L § 34A-6-1.26 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.26 - Issuance of emergency order--Purpose--Noncompliance.

34A-6-1.26. Issuance of emergency order--Purpose--Noncompliance.The secretary may issue an emergency order compelling any person who is committing an act or failing to take action, or threatening either, which violates §§34A-6-1.1 to 34A-6-1.38, inclusive, and which will cause substantial pollution, the harmful effects of which cannot be remedied immediately after the commission or cessation of the act to stop, avoid, moderate, or perform the act so that it is in compliance with §§34A-6-1.1 to 34A-6-1.38, inclusive, or so that the substantial injury will not occur. The order is effective immediately upon receipt by the person to whom it is directed, unless the secretary provides otherwise. If the order is not complied with in a timely manner, the secretary may take such action as is necessary to contain and recover pollutants to limit or prevent pollution or injury to public health or welfare. Source: SL 1989, ch 306, §26.
SD Codified L § 34A-6-1.27 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.27 - Hearing upon emergency order--Time and place--Procedure.

34A-6-1.27. Hearing upon emergency order--Time and place--Procedure.Upon issuing an order pursuant to §34A-6-1.26, the secretary shall fix a place and time for a hearing before the board, not later than five days after the order is issued, unless the person to whom the order is directed requests a later time. The secretary may deny a request for a later time if the secretary finds that the person to whom the order is directed is not complying with the order. The hearing shall be conducted by the board in compliance with chapter 1-26 and rules promulgated by the board pursuant to chapter 1-26. Source: SL 1989, ch 306, §27; SL 1993, ch 256, §29; SL 2011, ch 165, §115.
SD Codified L § 34A-6-1.28 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.28 - Suit by secretary on behalf of state.

34A-6-1.28. Suit by secretary on behalf of state.In the alternative or at any point where the secretary determines that the emergency administrative order is not achieving the necessary action and the legal process should be invoked, and upon receipt of evidence that a solid waste or combination of sources is presenting an imminent and substantial endangerment to the health of persons or to the welfare of persons where such endangerment to welfare is to the livelihood of such persons, or that a person is violating or threatening to violate any of the provisions of §§34A-6-1.1 to 34A-6-1.38, inclusive, the secretary may bring suit on behalf of the state in the circuit court in which the violation is taking place to immediately restrain, or order action by, any person violating or threatening to violate §§34A-6-1.1 to 34A-6-1.38, inclusive, or causing or contributing to alleged pollution as a result of solid waste facility operations, or to take such other action as may be necessary. Source: SL 1989, ch 306, §28.
SD Codified L § 34A-6-1.29 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.29 - Department may seek to enjoin threatened or actual violation--Bond unnecessary--Temporary relief available.

34A-6-1.29. Department may seek to enjoin threatened or actual violation--Bond unnecessary--Temporary relief available.The department may bring an action without furnishing of bond, for an injunction against the continuation of any threatened or actual violation, or against any person who fails to comply with an emergency order issued by the secretary by virtue of §34A-6-1.26, or any final order of the secretary or board. The court to which the department applies for an injunction may issue a temporary injunction, if it finds that there is reasonable cause to believe that the allegations of the department are true, and it may issue a temporary restraining order pending action on the temporary injunction. Source: SL 1989, ch 306, §29.
SD Codified L § 34A-6-1.31 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.31 - Operation of facility without or in violation of permit--Penalties--Civil penalty.

34A-6-1.31. Operation of facility without or in violation of permit--Penalties--Civil penalty.Any person who knowingly and intentionally operates a solid waste facility without a permit is guilty of a Class 5 felony. Any person who knowingly and intentionally violates a permit term or condition or who intentionally makes any false statement or representation in any application, record, report, permit, or other document filed, maintained, or used for ensuring compliance with §§34A-6-1.1 to 34A-6-1.38, inclusive, is guilty of a Class 1 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, §31; SL 1992, ch 158, §41; SL 1992, ch 254, §50P.
SD Codified L § 34A-6-1.33 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.33 - Exhaustion of administrative remedies not required.

34A-6-1.33. Exhaustion of administrative remedies not required.The department need not exhaust its administrative remedies, if any exist, before commencing any action to enforce the provisions of §§34A-6-1.1 to 34A-6-1.38, inclusive. Source: SL 1989, ch 306, §33.
SD Codified L § 34A-6-1.34 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.34 - Enforcement of rules by board through permit procedures--Department as designated agency for purposes of federal laws.

34A-6-1.34. Enforcement of rules by board through permit procedures--Department as designated agency for purposes of federal laws.The board may enforce through its permit procedures those rules promulgated by the secretary pursuant to chapter 34-21 that pertain to the land disposal of radioactive substances. The department is designated the agency for all state purposes of the Federal Solid Waste Disposal Act (Public Law 89-272) as amended to January 1, 2011, and the Hazardous and Solid Waste Amendments of 1984 (Public Law 98-616) as amended to January 1, 2011. Source: SL 1989, ch 306, §34; SL 2011, ch 165, §116.
SD Codified L § 34A-6-1.35 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.35 - Functions of department--Delegation of duties and authority--Power to accept and administer grants and loans.

34A-6-1.35. Functions of department--Delegation of duties and authority--Power to accept and administer grants and loans.The department shall perform all the functions with respect to the control of solid waste disposal as provided for by §§34A-6-1.1 to 34A-6-1.38, inclusive, except that the Board of Minerals and Environment shall perform any quasi-legislative, quasi-judicial, advisory, and special budgetary functions as defined in §1-32-1. The secretary may delegate to officers and employees of the department such functions, duties, and authority as are reasonable and proper in carrying out the provisions of §§34A-6-1.1 to 34A-6-1.38, inclusive.The department may advise, consult, and cooperate with other agencies and instrumentalities of the state, other states, and the federal government and with affected groups and industries in the formulation of plans and the implementation of solid waste disposal programs.In addition to any other powers conferred on it by law, the department may accept and administer such loans and grants from the federal government and from other sources as may be available to the department for the planning, construction, and operation of solid waste disposal sites and facilities. Source: SL 1989, ch 306, §35.
SD Codified L § 34A-6-1.38 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.38 - County or municipal imposition and levy of disposal fee--Payment and collection--Distribution of shares.

34A-6-1.38. County or municipal imposition and levy of disposal fee--Payment and collection--Distribution of shares.In addition to the solid waste disposal fee assessed by the state under §34A-6-1.17 and by a political subdivision under §34A-6-29, a county or municipality may impose and levy a solid waste disposal fee upon the disposal of solid waste at a solid waste facility within, or operated under, its jurisdiction. Fees imposed under this section are in addition to all other fees and taxes levied by law.The fee imposed in this section shall be paid by the owner of the solid waste disposal facility and remitted to the county or municipal treasurer. The obligation to pay the fee accrues at the time the solid waste is disposed of at the solid waste facility. The owner of the facility may collect these fees from persons disposing of solid waste at the facility. The fee imposed by this section is due and payable by the owner on or before the fifteenth day of the month next succeeding the month in which the fee accrued together with a return on a form prescribed by the county or municipal treasurer. Each person required to pay the fee imposed by this section shall keep complete and accurate records in a form required by the county or municipal treasurer.The county or municipality may distribute shares of this fee to municipalities and school districts within its boundary as it deems appropriate considering the location of the facility and the impacts on the representation jurisdiction. Source: SL 1989, ch 306, §38; SL 1992, ch 60, §2; SL 2011, ch 165, §117.
SD Codified L § 34A-6-1.40 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.40 - Removal of improperly disposed solid waste--Alternative means of disposal.

34A-6-1.40. Removal of improperly disposed solid waste--Alternative means of disposal.Any person convicted of a violation of §34A-6-1.4 shall, in addition to any other penalty, remove the solid waste from where it was improperly disposed and shall dispose of such solid waste in a manner consistent with this chapter. However, the court may provide for an alternative means of disposal if such disposal is consistent with the provisions of this chapter. Source: SL 1992, ch 257.
SD Codified L § 34A-6-17 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-17 - Plans for county systems--Submission to state board.

34A-6-17. Plans for county systems--Submission to state board.The board of county commissioners in each county of the state shall plan, initiate, and provide a solid waste management system to adequately handle solid wastes generated or existing within the boundaries of the county. The plan shall be submitted to the Board of Minerals and Environment for approval on a specified date. Source: SL 1972, ch 198, §13; SDCL, §34-16B-17; SL 1986, ch 295, §24.
SD Codified L § 34A-6-18 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-18 - County grant of franchises--Approval by voters--Maximum period.

34A-6-18. County grant of franchises--Approval by voters--Maximum period.Any county may grant and regulate franchises for the purpose of collection and disposal of solid waste, as solid waste is defined by subdivision 34A-6-1.3(17), in those parts of the county not subject to the jurisdiction of a municipality. Such franchises may be granted for a part of the county. No franchise is valid unless approved in an election by a majority of the electors voting on the question. Such election shall be held in that part of the county affected by the franchise. Such franchise may not be granted for a longer period than ten years. Source: SL 1974, ch 244, §2; SDCL Supp, §34-16B-17.1; SL 1977, ch 280, §23; SL 1987, ch 29, §19; SL 1989, ch 306; SL 1991, ch 24, §9.
SD Codified L § 34A-6-19 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-19 - Municipal procedure applied to counties--General election laws apply.

34A-6-19. Municipal procedure applied to counties--General election laws apply.The procedure prescribed for municipalities in §34A-6-25 shall also apply to counties when granting franchises pursuant to §34A-6-18. The governing body of the county shall substantially follow the procedure that a municipality would use in the granting of a franchise, where applicable, and the general election laws shall apply to county franchise elections where applicable. Source: SL 1975, ch 226, §2; SDCL Supp, §34-16B-17.2; SL 1977, ch 280, §24.
SD Codified L § 34A-6-20 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-20 - County agreements with other political subdivisions and persons.

34A-6-20. County agreements with other political subdivisions and persons.The board of county commissioners of a county may enter into agreements with other counties, one or more municipalities, townships, governmental agencies, with private persons, trusts, or with any combination thereof to provide a solid waste management system for all participating counties, an individual county, or any portion thereof. Source: SL 1972, ch 198, §13; SDCL, §34-16B-18.
SD Codified L § 34A-6-21 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-21 - County assumption of responsibility for wastes within municipalities.

34A-6-21. County assumption of responsibility for wastes within municipalities.By agreement or contractual arrangement the board of county commissioners may assume responsibility for solid wastes generated within municipalities whether within the county or other counties. Source: SL 1972, ch 198, §13; SDCL, §34-16B-19.
SD Codified L § 34A-6-22 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-22 - Sanitary districts and counties to have municipal rights and responsibilities.

34A-6-22. Sanitary districts and counties to have municipal rights and responsibilities.All sanitary districts and counties shall have the same rights and responsibilities under this chapter as municipalities. Source: SL 1972, ch 198, §12; SDCL, §34-16B-20.
SD Codified L § 34A-6-24 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-24 - Municipal grant of franchises--Maximum period.

34A-6-24. Municipal grant of franchises--Maximum period.Any municipality may grant and regulate franchises for the purpose of collection and disposal of solid waste, as defined in subdivision 34A-6-1.3(17), if the solid waste originates in the municipality or in a zone adjacent to the municipality that is not a part of another municipality, and does not exceed two miles around the boundaries of the municipality. The franchise may not be granted for a longer period than ten years. Source: SL 1974, ch 244, §1; SDCL Supp, §34-16B-21.1; SL 1977, ch 280, §25; SL 1987, ch 29, §20; SL 1991, ch 24, §10; SL 2011, ch 165, §118.
SD Codified L § 34A-6-25 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-25 - Vote required for municipal grant of franchise--General or special election--Adoption of ordinance before vote--Notice of election.

34A-6-25. Vote required for municipal grant of franchise--General or special election--Adoption of ordinance before vote--Notice of election.No franchise may be granted by any municipality pursuant to §34A-6-24 unless the governing body of the municipality submits the proposition of issuing the franchise to a vote of the electors at a general or special election called for that purpose. Before submitting the proposition, the governing body shall first approve the proposed franchise by ordinance, incorporating the proposed franchise in full and providing for submission of the proposition at an election to be held not sooner than thirty days after the publication of the election and proposition. The notice of election and the proposition shall refer to the ordinance by number and shall include the full title of the ordinance. No such franchise or franchise ordinance is effective unless the proposal to grant the franchise is approved at the election by a majority vote of the electors. Source: SL 1975, ch 226, §1; SDCL Supp, §34-16B-21.2; SL 2011, ch 165, §119.
SD Codified L § 34A-6-26 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-26 - Municipal agreements with other political subdivisions and persons--Maximum duration.

34A-6-26. Municipal agreements with other political subdivisions and persons--Maximum duration.The governing body of the municipality may enter into agreements with a county or counties, with one or more other municipalities, with a regional recycling and waste management district created pursuant to chapter 34A-16, with Indian tribes, with private persons, corporations, trusts, or with any combination thereof, to provide or operate a solid waste collection or disposal system or disposal site for a solid waste management system for the municipality. Any such contract may not exceed thirty-five years in duration. Source: SL 1972, ch 198, §7; SDCL, §34-16B-22; SL 1977, ch 280, §26; SL 1993, ch 259, §48; SL 1994, ch 283.
SD Codified L § 34A-6-27 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-27 - City-county combinations to grant franchises--Approval by voters--Approval or rejection by subdivisions.

34A-6-27. City-county combinations to grant franchises--Approval by voters--Approval or rejection by subdivisions.Municipalities and counties may combine to grant and regulate franchises for the purposes outlined in §§34A-6-18 and 34A-6-24. Franchises granted under this section must be approved by the electors in the same manner as provided by §34A-6-18. In case the electors of any political subdivision cooperating under this section reject the franchise, the franchise shall be granted for those subdivisions approving it. Source: SL 1974, ch 244, §3; SDCL Supp, §34-16B-22.1; SL 1977, ch 280, §27.