reglab/housing_qa huggingface dataset:
SD Codified L § 34A-5-38 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-38 - Rates and charges for retirement of bonds in lieu of special assessment certificates--Financing of improvements.

34A-5-38. Rates and charges for retirement of bonds in lieu of special assessment certificates--Financing of improvements.If bonds are issued in lieu of special assessment certificates in accordance with the provisions of chapter 9-43, the sanitary district board of trustees may provide that rates and charges shall be fixed and from time to time revised to produce net revenues at all times sufficient, with special assessments and interest pledged to the bond fund and actually collected and received in the bond fund, to pay all principal and interest when due on the bonds and to create and maintain such further reserves for the security of the bonds as may be agreed in the resolutions authorizing the bonds. Bonds issued and secured as authorized in this section may be designated as special assessment and revenue bonds, and may be issued to finance an improvement or a group of improvements to the facilities of the district, if any portion of the cost of the improvement is to be paid by the levy of special assessments. Source: SDC Supp 1960, §45.3815 (8) as added by SL 1964, ch 144, §7; SDCL §34-17-31; SL 2011, ch 165, §98.
SD Codified L § 34A-5-39 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-39 - Sanitary districts not subject to certain municipal sewer system requirements.

34A-5-39. Sanitary districts not subject to certain municipal sewer system requirements.If a sanitary district has been established in accordance with the procedures provided in this chapter, no further proceedings are required under the provisions of §§9-48-26 to 9-48-31, inclusive, and funds derived from the district's sewer rates and charges are not subject to the limitations provided in those sections. Source: SDC Supp 1960, §45.3815 (8) as added by SL 1964, ch 144, §7; SDCL §34-17-32; SL 2011, ch 165, §99.
SD Codified L § 34A-5-40 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-40 - Certification of unpaid charges and tax levies--Collection with real estate taxes--Tax sales.

34A-5-40. Certification of unpaid charges and tax levies--Collection with real estate taxes--Tax sales. The board of trustees may cause the amount of any charges, and interest and penalties on the charges, for sewer service rendered or made available to any land within the district, which are due and unpaid on the first day of October in each year to be certified by the clerk of the district to the county auditor in the manner provided in §10-12-7 together with any taxes levied by the district for corporate purposes. All amounts so certified shall be inserted by the county auditor upon the tax list of the current year and shall be payable and delinquent at the same time and shall incur penalty and interest and shall be collected by the same procedure as real estate taxes on the same property. In the event of a tax sale or the issuance of a tax deed, the provisions of §§ 9-43-112 and 9-43-113 shall apply to all amounts so certified and then delinquent, in the same manner as delinquent installments of special assessments. Source: SDC Supp 1960, §45.3815 (10) as added by SL 1964, ch 144, §7; SDCL §34-17-33; SL 2011, ch 165, §100; SL 2021, ch 43, § 25.
SD Codified L § 34A-5-41 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-41 - Election on acquisition and operation of water system--Board powers on approval.

34A-5-41. Election on acquisition and operation of water system--Board powers on approval.The board of trustees of any sanitary district incorporated under this chapter may submit to the voters of the district at an annual election or a special election called and held in accordance with chapter 9-13 the question whether the district shall be authorized to acquire and operate a water system, or the application for incorporation filed in accordance with §34A-5-6 may request such authority. Upon approval of the grant of such authority by a majority of the qualified electors voting on the question, or upon entry of the order incorporating the district if the application has requested such authority, the board of trustees may:(1)Acquire and operate water mains, hydrants, intakes, wells, storage tanks and reservoirs, treatment plants, and all other facilities used or useful for the supply and distribution of water;(2)Acquire and operate any of such facilities; and(3)Contract for the service of any such facilities owned by the adjacent municipality or for the use of district facilities by the municipality.In connection with all such matters the district and its board of trustees have all powers granted in this chapter with reference to sewer facilities. In the exercise of such powers the board of trustees may purchase any existing facilities used or useful in the exercise of such powers, or may contract for the construction of any such facilities in the manner provided in chapters 5-18A and 5-18B. Source: SL 1966, ch 146, §3; SDCL §34-17-34; SL 1992, ch 60, §2; SL 2011, ch 2, §140; SL 2011, ch 165, §101.
SD Codified L § 34A-5-42 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-42 - Petition for annexation or exclusion of territory--Resolution of intention--Notice of hearing.

34A-5-42. Petition for annexation or exclusion of territory--Resolution of intention--Notice of hearing.On petition in writing signed by not less than twenty percent of the legal voters residing within the district, as shown by the vote for the member of the board of trustees receiving the highest vote at large at the last preceding annual election in the district or upon its own motion, the board of trustees by proper resolution may declare its intention to annex territory lying adjacent to the district or exclude territory being upon the border of the district. The resolution shall describe the property, the intended action, and the time and place the trustees will meet to consider the adoption of the resolution. The resolution shall be published once a week for two consecutive weeks before the time set for the hearing. Source: SL 1967, ch 227, §1; SDCL §34-17-35; SL 2011, ch 165, §102.
SD Codified L § 34A-5-43 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-43 - Hearing and resolution to annex or exclude territory--County commissioners' approval required.

34A-5-43. Hearing and resolution to annex or exclude territory--County commissioners' approval required.At the time of the hearing, or of any adjournment of the hearing, the trustees shall consider any objections to the proposed resolution and may adopt the resolution, with or without amendment, as it may deem proper. However, no amendment may be made affecting any property not described in the original resolution. No such resolution may be adopted unless the resolution has been approved by the board of county commissioners of the county in which the land is situated. Source: SL 1967, ch 227, §2; SDCL §34-17-36; SL 2011, ch 165, §103.
SD Codified L § 34A-5-44 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-44 - Appeal to circuit court from denial of annexation or exclusion of territory--Notice, hearing and order of court.

34A-5-44. Appeal to circuit court from denial of annexation or exclusion of territory--Notice, hearing and order of court.Upon failure of the board of trustees to grant the request contained in the petition of the voters, the petitioners or any party feeling aggrieved thereby may within thirty days after the decision of the board of trustees or county commissioners, or within ninety days after the filing of the petition if no action has been taken on the petition by the board, present their petition or appeal to the circuit court for the county in which the district or the greater portion of the district is situated by filing the petition or appeal with the clerk of courts. Notice of the filing shall be served by the petitioners upon the president of the board of trustees together with a notice of the time and place, when and where a hearing will be held on the petition, at least ten days before the date of the hearing. If the court finds that the request of the petitioners ought to be granted and can be granted without injustice to the district, the court shall so order. If the court finds against the petitioners, the petition or appeal shall be dismissed at the cost of the petitioners. Source: SL 1967, ch 227, §3; SDCL §34-17-37; SL 2011, ch 165, §104.
SD Codified L § 34A-5-45 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-45 - Recording of map and resolution after annexation or exclusion of territory.

34A-5-45. Recording of map and resolution after annexation or exclusion of territory.If the limits of any district are changed by resolution or by decree of court, the president of the board of trustees shall cause an accurate map of the territory, together with a copy of the resolution or decree, duly certified, to be recorded in the office of the register of deeds of the county or counties in which the territory is situated and thereupon the territory becomes a part of the district or is excluded from the district, as the case may be. Source: SL 1967, ch 227, §4; SDCL §34-17-38; SL 2011, ch 165, §105.
SD Codified L § 34A-5-46 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-46 - Formation of consolidated district authorized--Resolutions of governing bodies proposing formation.

34A-5-46. Formation of consolidated district authorized--Resolutions of governing bodies proposing formation.A municipality and a sanitary district, or any group of two or more such public corporations may form a consolidated sanitary district, comprising their combined area in a manner set forth in this section and §§34A-5-47 to 34A-5-51, inclusive. The governing body of each of the corporations shall by resolution propose the formation of the consolidated sanitary district, specifying the municipalities and sanitary districts proposed to be included within its boundaries, and whether the district shall be authorized to acquire and operate sewer facilities or both water and sewer facilities. Source: SL 1964, ch 144, §8; SL 1966, ch 146, §2; SL 1967, ch 226; SDCL, §34-17-39; SL 1992, ch 60, §2.
SD Codified L § 34A-5-47 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-47 - Election on formation of consolidated district--Form of ballot.

34A-5-47. Election on formation of consolidated district--Form of ballot.The governing body of each of the corporations described in §34A-5-46 shall by resolution submit the question of consolidation to the voters of such corporation at a special election called for the purpose or at the next regular election. The proposition shall be submitted to the voters of each corporation on a separate ballot and shall be so stated as to enable each voter to vote for or against the proposed consolidation by making a cross x or check mark () in the square or circle preceding the phrase "For the formation of a consolidated sanitary district comprising the (naming the corporations to be included) with power to construct or acquire and operate sewer facilities (or, water and sewer facilities)." Source: SL 1964, ch 144, §8; SL 1966, ch 146, §2; SL 1967, ch 226; SDCL, §34-17-40.
SD Codified L § 34A-5-48 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-48 - Resolutions after approval of consolidated district by voters--Filing of proceedings.

34A-5-48. Resolutions after approval of consolidated district by voters--Filing of proceedings.If the voters of each corporation approve the formation of the consolidated sanitary district by a majority of their votes cast on the consolidation question, the governing body of each corporation shall so declare by resolution. Each governing body shall cause a certified copy of all proceedings taken for the consolidation to be filed with its auditor or clerk, with the secretary of state, and in the office of the register of deeds of the county, who shall record the copy. When the certified copies are filed, the consolidation is effective and complete, and the consolidated sanitary district has all of the powers conferred upon a sanitary district by this chapter, for the purpose of the construction or acquisition and operation of sewer facilities or both water and sewer facilities, as authorized by the voters. Source: SL 1964, ch 144, §8; SL 1966, ch 146, §2; SL 1967, ch 226; SDCL §34-17-41; SL 2011, ch 165, §106.
SD Codified L § 34A-5-49 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-49 - Property not acquired nor debts assumed by incorporation of consolidated district.

34A-5-49. Property not acquired nor debts assumed by incorporation of consolidated district.The consolidated sanitary district may not, however, by virtue of its incorporation, acquire any of the property or assume any of the debts, obligations, or liabilities of any municipality or sanitary district included within its boundaries. Source: SL 1964, ch 144, §8; SL 1966, ch 146, §2; SL 1967, ch 226; SDCL §34-17-42; SL 1992, ch 60, §2; SL 2011, ch 165, §107.
SD Codified L § 34A-5-50 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-50 - Board of trustees for consolidated district.

34A-5-50. Board of trustees for consolidated district.Forthwith upon the creation of a consolidated sanitary district, a board of trustees shall be elected and govern the consolidated sanitary district in the same manner as provided with reference to other sanitary districts by §§34A-5-16 to 34A-5-40, inclusive. Source: SL 1964, ch 144, §8; SL 1966, ch 146, §2; SL 1967, ch 226; SDCL, §34-17-43.
SD Codified L § 34A-5-51 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-51 - Contracts of consolidated district for purchase or use of sanitary facilities.

34A-5-51. Contracts of consolidated district for purchase or use of sanitary facilities.A consolidated sanitary district may contract with any municipality or sanitary district, within or outside its corporate limits, for the purchase of facilities of the type which it is authorized to construct or acquire and operate, or may contract for the use of such facilities, and for the use of consolidated sanitary district facilities by another municipality or sanitary district, upon such terms as may be agreed. Source: SL 1964, ch 144, §8; SL 1966, ch 146, §2; SL 1967, ch 226; SDCL, §34-17-44; SL 1992, ch 60, §2.
SD Codified L § 34A-5-52 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-52 - Validation of prior proceedings of sanitary districts--Deadline for enforcing rights.

34A-5-52. Validation of prior proceedings of sanitary districts--Deadline for enforcing rights.All sanitary sewer districts, established pursuant to chapter 34A-5, and having a de facto existence of one year or more by December 31, 1979, are declared to be valid and legally created subdivisions of the state. The validity and regularity of the creation of these sanitary districts may not be open to question in any court in this state, and all acts and proceedings of any such sanitary district or the board of trustees, or both, including those proceedings leading up to the authorization and execution of contracts between any such sanitary district and the United States of America as of December 31, 1979, are hereby legalized, ratified, confirmed, and declared valid to all intents and purposes. All completed or existing contracts, including outstanding bonds as of December 31, 1979, are hereby legalized and declared to be valid obligations of and against the sanitary district executing or causing the execution and issuance of them.If any person has any vested right or rights affected by this section, and action or proceeding to enforce such right or rights is not commenced prior to January 1, 1981, such right or rights shall be forever barred, and no action or proceeding so brought may have any force or effect, or may be maintained in any court of this state. Source: SL 1964, ch 144, §10; SDCL, §34-17-45; SL 1980, ch 249.
SD Codified L § 34A-5-53 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-53 - Dissolution of district on voters' petition.

34A-5-53. Dissolution of district on voters' petition.A majority of the qualified voters of an incorporated sanitary district may petition a court of competent jurisdiction for the dissolution of the sanitary district. Dissolution proceedings shall, when not in conflict with this chapter, conform to the provisions for dissolution of municipalities pursuant to chapter 9-6. Source: SL 1973, ch 223, §1; SDCL Supp, §34-17-47.
SD Codified L § 34A-5-54 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-54 - Dissolution of district by directors' resolution on annexation to municipality--Notice and hearing--Appeal.

34A-5-54. Dissolution of district by directors' resolution on annexation to municipality--Notice and hearing--Appeal.Notwithstanding the provisions of §34A-5-53, the board of trustees of an incorporated sanitary district, the entire boundaries of which have been annexed to a municipality, may by unanimously adopting a proper resolution, provide for the dissolution of the sanitary district and the disposition of all unencumbered assets and assets which may thereinafter accrue. Prior to adopting such resolution, the board shall give notice and conduct hearings as it deems necessary. Any party feeling aggrieved by the decision of the board may appeal pursuant to the provisions of §34A-5-44. Source: SL 1973, ch 223, §2; SDCL Supp, §34-17-48.
SD Codified L § 34A-5-54.1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-54.1 - Assumption of bonded indebtedness of district by municipality--Election.

34A-5-54.1. Assumption of bonded indebtedness of district by municipality--Election.The outstanding bonded indebtedness of any sanitary district that dissolves itself may be assumed by a municipality that assumes the assets of such sanitary district. Before a municipality may assume such bonded indebtedness, the governing body of the municipality shall by resolution or ordinance declare the necessity thereof and shall hold an election pursuant to §§6-8B-4 and 6-8B-5. The notice of the election and the form of the ballot shall inform the voters of such municipality that the purpose of the election is to assume the bonded indebtedness of such sanitary district. The approval of the assumption of such debt shall require a favorable vote of a majority of the voters of the public body voting on the question. Before any election may be held on such assumption, the holder of such bonds shall, in writing, approve the question. Source: SL 1986, ch 293, §1.
SD Codified L § 34A-5-56 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 05 - Sanitary Districts|Section 34A-5-56 - Certified copy of budget to county auditors and secretary of revenue.

34A-5-56. Certified copy of budget to county auditors and secretary of revenue.Immediately after completion of a budget and adoption of special assessments by a sanitary district board of trustees, but not later than the first of September, the secretary of the district shall send one certified copy of such budget to the county auditors of the affected counties and to the state secretary of revenue. Source: SL 1992, ch 73, §5.
SD Codified L § 34A-6-1.1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.1 - Legislative findings.

34A-6-1.1. Legislative findings.The Legislature finds that other states have imposed stringent standards for the proper collection and disposal of solid waste and that without such standards and enforcement of them, South Dakota could be burdened with the importation and disposal in the state of large amounts of solid waste from other states by persons and firms who may not have the capability to properly dispose of the waste or who wish to avoid the costs and requirements for proper, effective and safe disposal of such waste in the state of origin.The Legislature finds that the disposal of large quantities of solid waste in this state will, in fact, impose additional burdens on the citizens of this state. Experience has shown that under the system of laws currently governing waste disposal in this country, this liability can be significant. For these and other reasons, the Legislature finds that it is reasonable and necessary to require that any person intending to dispose of waste in this state comply with the provisions of §§34A-6-1.2 to 34A-6-1.38, inclusive.The Legislature further finds that to ensure a minimum safe level of solid waste regulation nationally, the United States Environmental Protection Agency is promulgating a comprehensive set of rules to govern the disposal of solid waste and that South Dakota must be prepared to comply with those rules. Source: SL 1989, ch 306, §2.
SD Codified L § 34A-6-1.2 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 06 - Solid Waste Management|Section 34A-6-1.2 - Solid waste management policy established.

34A-6-1.2. Solid waste management policy established.The protection of the health, safety, and welfare of the citizens of this state and the protection of the environment require the safe and sanitary disposal of solid waste. An effective and efficient solid waste disposal program protects the environment and the public, and provides the most practical and beneficial use of the material and energy values of solid waste. While recognizing the continuing necessity for the existence of landfills, alternative methods of managing solid waste and the reduction in the reliance upon land disposal of solid waste are encouraged. To promote these goals, the following solid waste management hierarchy, in descending order of preference, is established as the solid waste management policy of the state:(1)Volume reduction at the source.(2)Recycling and reuse.(3)Use for energy production, if appropriate.(4)Disposal in landfills or combustion for volume reduction.In the implementation of this solid waste management policy, the state shall establish and maintain a cooperative state and local program of project planning, and technical and financial assistance to encourage comprehensive solid waste management. Source: SL 1989, ch 306, §3.