reglab/housing_qa huggingface dataset:
SD Codified L § 34A-16-41 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-41 - Contents of designation ordinance.

34A-16-41. Contents of designation ordinance.The designation ordinance shall define the geographic area and the types and quantities of solid waste subject to designation; specify the point or points of delivery of the solid waste; require that the designated solid waste be delivered to the specified point or points of delivery; require the designated facility to accept all designated solid waste delivered to the specified point or points of delivery, unless the facility has notified waste collectors in the designated area that the facility is inoperative; set out the procedures and principles to be followed by the district in establishing and amending any rates and charges at the designated facility; and state any additional regulations governing waste collectors or other matters necessary to implement the designation. Source: SL 1993, ch 259, §43.
SD Codified L § 34A-16-42 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-42 - Designation ordinance exceptions for certain exempt materials.

34A-16-42. Designation ordinance exceptions for certain exempt materials.The designation ordinance shall provide an exception for materials that are exempt or excluded from the designation under §34A-16-34 or 34A-16-37; and for the term of the contract, shall provide an exception for materials subject to a contract affecting the delivery of the waste to the facility. Source: SL 1993, ch 259, §44.
SD Codified L § 34A-16-43 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-43 - Consistency of ordinance with plan--Effective date of designation--Challenging designation.

34A-16-43. Consistency of ordinance with plan--Effective date of designation--Challenging designation.The designation ordinance may not be materially inconsistent with the approved designation plan for the district. The effective date of the designation shall be specified in the designation ordinance and may be not less than sixty days after adoption of the designation ordinance. The designation is binding on all political subdivisions, landfill operators, solid waste generators, and solid waste collectors in the designation area. Any action challenging a designation shall be brought within sixty days of the adoption of the designation ordinance. Source: SL 1993, ch 259, §45.
SD Codified L § 34A-16-44 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-44 - Notification of intent to own or operate facility.

34A-16-44. Notification of intent to own or operate facility.Any person proposing to own or operate a processing facility using waste materials subject to a designation ordinance may notify the regional recycling and waste management district. Source: SL 1993, ch 259, §46.
SD Codified L § 34A-16-45 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-45 - Penalty for violation of designation ordinance.

34A-16-45. Penalty for violation of designation ordinance.Any person who violates a designation ordinance adopted pursuant to this chapter is guilty of a Class 1 misdemeanor and 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. An action for the recovery of a civil penalty or compensation damages shall, upon demand, be tried by a jury. Source: SL 1993, ch 259, §47.
SD Codified L § 34A-16-46 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-46 - Processing and disposal of waste generated outside of district prohibited.

34A-16-46. Processing and disposal of waste generated outside of district prohibited.No solid waste disposal facility owned or operated by any municipality, county, or regional recycling and solid waste management district located within a regional recycling and waste management district may accept for processing or disposal any solid waste generated outside the boundaries of the district. However, such a municipality, county, or regional recycling and waste management district may, by contract with another municipality, county, or regional recycling and waste management district for a period not exceeding one year, accept for processing or disposal solid waste generated within such municipality, county, or regional recycling and waste management district. Source: SL 1993, ch 259, §48A.
SD Codified L § 34A-16-47 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-47 - Powers granted by chapter independent from other statutes.

34A-16-47. Powers granted by chapter independent from other statutes.The powers granted by this chapter, including the powers granted to a regional recycling and waste management district, a county or a municipality, are independent from and shall be supplementary to, powers granted by any other statute, and restrictions, conditions, procedural provisions, or other requirements contained in other statutes shall not be deemed to apply to the exercise of powers granted under this chapter unless the same are expressly incorporated by reference. Source: SL 1993, ch 259, §49.
SD Codified L § 34A-16-48 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-48 - Entrance upon public and private lands to determine suitability of potential landfill site.

34A-16-48. Entrance upon public and private lands to determine suitability of potential landfill site.A district, in the course of investigating and analyzing the suitability of land sought to be acquired for district landfill purposes, may, after reasonable notice and during normal business hours, enter upon any public or private land for the purpose of obtaining information essential to the investigation and analysis, including conducting soil and subsurface geological sampling and survey. This section may not be construed to permit entry into any enclosed structure. The district shall compensate the owner, or any person entitled to compensation, for any damage to the property caused by the entrance and investigation activity. No entry upon private property may be made pursuant to this section against the expressed refusal of consent by the owner or person in rightful possession of the property without the aid of an order of the circuit court authorizing such entry. Upon application by the district, the circuit court may enter its order authorizing entry upon the private property, if such order is entered after notice of hearing on the application is provided to the property owner or person in rightful possession as may be required by the court, and if upon such hearing the circuit court finds that reasonable and justifiable cause exists for the entry upon the private property for the investigative purposes authorized by this section. Source: SL 1993, ch 259, §49A.
SD Codified L § 34A-16-49 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 16 - Regional Recycling And Waste Management Districts|Section 34A-16-49 - Legislative findings.

34A-16-49. Legislative findings.The Legislature hereby finds that:(1)The high and increasing cost of owning, operating, and closure of solid waste facilities, and the financing thereof, and the increasing federal and other regulatory requirements pertaining to such solid waste facilities, has created an urgent demand for action by counties, municipalities, and others in this state;(2)Such urgent demands, together with high and increasing costs and regulatory requirements, may result in the inability of various counties and municipalities to respond in a timely manner and thereby endanger the health and safety of the citizens of this state;(3)Such high and increasing costs require new methods for the financing of solid waste management facilities;(4)It is, accordingly, in furtherance of the interest and welfare of all citizens of South Dakota that regional recycling and waste management districts be permitted to be formed by counties and municipalities of this state in a timely manner for the purpose of financing solid waste management facilities and closing existing facilities and, to this end, it is intended that this chapter be liberally construed to accomplish these purposes;(5)There is an immediate need to protect the public peace, health, and safety of the state by authorizing the formation of regional recycling and waste management districts to respond to such urgent demands, high and increasing costs and regulatory requirements imposed by the federal government in connection with such matters, and in order to protect municipalities and counties, and their residents, from the financial burdens of such regulations and the potential health consequences which may result if adequate and modern solid waste management facilities are not constructed, operated, and maintained; and(6)That the foregoing urgent demand, high and increasing costs and regulatory requirements pose an immediate threat to the existing public institutions of this state and to the public health and safety of this state and its people. Source: SL 1993, ch 259, §50.
SD Codified L § 34A-17-1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 17 - Uniform Environmental Covenants Act|Section 34A-17-1 - Short title.

34A-17-1. Short title.This chapter may be cited as the Uniform Environmental Covenants Act. Source: SL 2005, ch 196, §1.
SD Codified L § 34A-17-2 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 17 - Uniform Environmental Covenants Act|Section 34A-17-2 - Definitions.

34A-17-2. Definitions.In this chapter:(1)"Activity and use limitations," means restrictions or obligations created under this chapter with respect to real property;(2)"Agency," means the Department of Agriculture and Natural Resources or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created;(3)"Common interest community," means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community;(4)"Environmental covenant," means a servitude arising under an environmental response project that imposes activity and use limitations;(5)"Environmental response project," means a plan or work performed for environmental remediation of real property and conducted:(A)Under a federal or state program governing environmental remediation of real property, including chapter 34A-10;(B)Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or(C)Under a state voluntary clean-up program;(6)"Holder," means the grantee of an environmental covenant as specified in §34A-17-3(a);(7)"Person," means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;(8)"Record," used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;(9)"State," means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. Source: SL 2005, ch 196, §2; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 34A-17-3 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 17 - Uniform Environmental Covenants Act|Section 34A-17-3 - Nature of rights--Subordination of interests.

34A-17-3. Nature of rights--Subordination of interests.(a) Any person, including a person that owns an interest in the real property, the agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property.(b) A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, is not an interest in real property.(c) An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights, or protections granted or imposed under law other than this chapter except as provided in the covenant.(d) The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:(1)An interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant;(2)This chapter does not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant;(3)A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners' association;(4)An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person's interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant. Source: SL 2005, ch 196, §3.
SD Codified L § 34A-17-4 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 17 - Uniform Environmental Covenants Act|Section 34A-17-4 - Content of environmental covenant.

34A-17-4. Content of environmental covenant.(a) An environmental covenant must:(1)State that the instrument is an environmental covenant executed pursuant to this chapter;(2)Contain a legally sufficient description of the real property subject to the covenant;(3)Describe the activity and use limitations on the real property;(4)Identify every holder;(5)Be signed by the agency, every holder, and every owner of the fee simple of the real property subject to the covenant; and(6)Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.(b) In addition to the information required by subsection (a), an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any:(1)Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant;(2)Requirements for periodic reporting describing compliance with the covenant;(3)Rights of access to the property granted in connection with implementation or enforcement of the covenant;(4)A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;(5)Limitation on amendment or termination of the covenant in addition to those contained in §§34A-17-9 and 34A-17-10; and(6)Rights of the holder in addition to its right to enforce the covenant pursuant to §34A-17-11.(c) In addition to other conditions for its approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant. Source: SL 2005, ch 196, §4.
SD Codified L § 34A-17-5 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 17 - Uniform Environmental Covenants Act|Section 34A-17-5 - Validity--Effect on other instruments.

34A-17-5. Validity--Effect on other instruments.(a) An environmental covenant that complies with this chapter runs with the land.(b) An environmental covenant that is otherwise effective is valid and enforceable even if:(1)It is not appurtenant to an interest in real property;(2)It can be or has been assigned to a person other than the original holder;(3)It is not of a character that has been recognized traditionally at common law;(4)It imposes a negative burden;(5)It imposes an affirmative obligation on a person having an interest in the real property or on the holder;(6)The benefit or burden does not touch or concern real property;(7)There is no privity of estate or contract;(8)The holder dies, ceases to exist, resigns, or is replaced; or(9)The owner of an interest subject to the environmental covenant and the holder are the same person.(c) An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before the effective date of this chapter is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection (b) or because it was identified as an easement, servitude, deed restriction, or other interest. This chapter does not apply in any other respect to such an instrument.(d) This chapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of this state. Source: SL 2005, ch 196, §5.
SD Codified L § 34A-17-6 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 17 - Uniform Environmental Covenants Act|Section 34A-17-6 - Relationship to other land-use law.

34A-17-6. Relationship to other land-use law.This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property which are authorized by zoning or by law other than this chapter. Source: SL 2005, ch 196, §6.
SD Codified L § 34A-17-7 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 17 - Uniform Environmental Covenants Act|Section 34A-17-7 - Notice--Copy of covenant.

34A-17-7. Notice--Copy of covenant.(a) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to:(1)Each person that signed the covenant;(2)Each person holding a recorded interest in the real property subject to the covenant;(3)Each person in possession of the real property subject to the covenant;(4)Each municipality or other unit of local government in which real property subject to the covenant is located; and(5)Any other person the agency requires.(b) The validity of a covenant is not affected by failure to provide a copy of the covenant as required under this section. Source: SL 2005, ch 196, §7.
SD Codified L § 34A-17-8 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 17 - Uniform Environmental Covenants Act|Section 34A-17-8 - Recording.

34A-17-8. Recording.(a) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee.(b) Except as otherwise provided in §34A-17-9(c), an environmental covenant is subject to the laws of this state governing recording and priority of interests in real property. Source: SL 2005, ch 196, §8.
SD Codified L § 34A-17-9 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 17 - Uniform Environmental Covenants Act|Section 34A-17-9 - Duration--Amendment by court action.

34A-17-9. Duration--Amendment by court action.(a) An environmental covenant is perpetual unless it is:(1)By its terms limited to a specific duration or terminated by the occurrence of a specific event;(2)Terminated by consent pursuant to §34A-17-10;(3)Terminated pursuant to subsection (b);(4)Terminated by foreclosure of an interest that has priority over the environmental covenant; or(5)Terminated or modified in an eminent domain proceeding, but only if:(A)The agency that signed the covenant is a party to the proceeding;(B)All persons identified in §34A-17-10(a) and (b) are given notice of the pendency of the proceeding; and(C)The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment.(b) If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in §34A-17-10(a) and (b) have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant. The agency's determination or its failure to make a determination upon request is subject to review pursuant to chapter 1-26.(c) Except as otherwise provided in subsections (a) and (b), an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine.(d) An environmental covenant may not be extinguished, limited, or impaired by application of chapter 43-30 or 43-30A. Source: SL 2005, ch 196, §9.
SD Codified L § 34A-17-10 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 17 - Uniform Environmental Covenants Act|Section 34A-17-10 - Amendment or termination by consent.

34A-17-10. Amendment or termination by consent.(a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:(1)The agency;(2)The current owner of the fee simple of the real property subject to the covenant;(3)Each person that originally signed the covenant, unless the person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and(4)Except as otherwise provided in subsection (d)(2), the holder.(b) If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.(c) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment.(d) Except as otherwise provided in an environmental covenant:(1)A holder may not assign its interest without consent of the other parties;(2)A holder may be removed and replaced by agreement of the other parties specified in subsection (a); and(3)A court of competent jurisdiction may fill a vacancy in the position of holder. Source: SL 2005, ch 196, §10.