reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-58 - General permit for category of solid waste treatment, storage or disposal--Terms and conditions--Suspension, revocation or modification.

34A-6-58. General permit for category of solid waste treatment, storage or disposal--Terms and conditions--Suspension, revocation or modification.
Upon the recommendation of the secretary and after public notice in at least three newspapers of general circulation in this state and notice to all municipalities, counties, and tribal governments and opportunity for public hearing, the board may issue a general permit for a category of solid waste treatment, storage, or disposal. A general permit issued by the board may be subject to such terms and conditions for installation, establishment, modification, operation, or abandonment of a category of solid waste treatment, storage, or disposal as the board finds reasonably necessary to adequately protect the public health, safety, welfare, and the environment of this state. Waste treatment, storage, or disposal activities conducted in conformity with a general permit do not require a permit issued under §34A-6-1.13.
A general permit shall remain in effect until suspended, revoked, or modified by the board. A general permit may be modified after public notice and opportunity for public hearing. A general permit may be suspended or revoked after publication of notice and order of suspension and revocation in at least three newspapers of general circulation in this state. If an affected facility 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 published in at least three newspapers of general circulation in this state. Any facility operating under a general permit pursuant to this section, upon the filing of a complaint to the board, and upon action by the board in accordance with the contested case provisions of chapter 1-26, may be removed from the jurisdiction of the general permit and required to obtain an individual permit.
Source:
SL 1991, ch 288, §4.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-59 - Legislative findings.

34A-6-59.Legislative findings.
The Legislature finds that the implementation of federal regulations under subtitle D of the Resource Conservation and Recovery Act, P. L. 94-580, as amended to January 1, 2011, will reduce the available landfill capacity in the state for the disposal of municipal solid waste. The Legislature further finds:
(1)That maximum solid waste source reduction, reuse, recycling, and composting are preferable to land disposal, are the most economically sound and environmentally safe methods of solid waste management and are in the best interest of the state in order to protect public health and the environment and to conserve resources, energy, and tax dollars; and
(2)That education, research, development, and innovation in the design, management, and operation of source reduction, reuse, recycling, and composting are essential in reducing operating costs and providing incentives for the use of these systems and operations and their products.
Source:
SL 1992, ch 254, §21; SL 2011, ch 165, §123.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-60 - Legislative intent to reduce amount of solid waste disposed in landfills.

34A-6-60. Legislative intent to reduce amount of solid waste disposed in landfills.
The Legislature intends by §§34A-6-59 to 34A-6-92, inclusive, to establish programs and regulations that reduce the waste stream disposed of in landfills in this state and thus protect the public health, safety, and welfare of all South Dakotans, protect the environment, and return resources back to industry for reuse. The goal of the state is to reduce the amount of materials in the waste stream being landfilled. The amount of materials being landfilled shall be reduced using appropriate methods and technology through the practice of solid waste reduction, waste diversion, reuse, recycling, composting, and waste-to-energy. The goal of the state is to reduce the waste stream disposed in landfills by fifty percent by July 1, 2001. For the purposes of this section, the term, waste stream, means the disposal of solid waste as defined in §34A-6-1.3.
The base year for establishing the amount of materials in the waste stream is the calendar year 1990. Total tonnage of solid waste landfilled in the calendar year 1990 is the basis for all waste reduction calculations. In the absence of scale data and cubic yardage data of waste materials landfilled, the base tonnage is calculated as eight-tenths of a ton per year per person, in residence, serviced by the landfill. Tonnage may be estimated by equating one cubic yard of solid waste received at the landfill gate to seven hundred pounds of solid waste. In determining the reduction level of the waste stream, it is assumed that each person in 1990 generated eight-tenths of a ton per year of municipal solid waste.
Any landfill that conducted waste reduction or recycling programs before the 1990 base calendar year and increased its ability to reduce waste stream volume may receive credit for prior recycled tonnage in the solid waste source reduction and recycling plan required by §34A-6-74. Similarly, any landfill that has experienced or will experience a growth in its population served may submit justification for increased tonnage, even after waste reduction or recycling programs have been implemented.
Source:
SL 1992, ch 254, §22; SL 1998, ch 203, §1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-62 - Waste reduction and recycling program established.

34A-6-62. Waste reduction and recycling program established.
The department shall establish a statewide waste reduction and recycling program to promote the waste management policy contained in §34A-6-59 and 34A-6-60 and the waste management hierarchy contained in §34A-6-1.2. The program shall encourage waste generators to reduce the volume of waste generated and to recycle the waste that is generated. The program shall utilize financial and legal incentives, education, technical assistance, regulation, and other implementation methods. The program shall involve the development of public and private sector initiatives, the development of markets and other opportunities for waste reduction and recycling, and other related efforts.
Source:
SL 1992, ch 254, §24.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-63 - Elements of waste reduction and recycling program.

34A-6-63. Elements of waste reduction and recycling program.
The elements of the program required in §34A-6-62 shall include promotion of:
(1)Efforts to increase the purchase and use of recycled products by government, business, and the public;
(2)Efforts to recover recyclable materials from the waste stream;
(3)Local efforts to implement recycling collection centers;
(4)Local efforts for curbside collection of separated recyclable waste materials and local efforts for drop-off sites or programs for rural areas;
(5)Public education programs that promote public awareness of waste volume reduction and the use of recyclable materials;
(6)Markets for recyclable materials;
(7)Research, manufacturing processes, and product development that provide for source reduction through use of alternative materials and through decreased material input and resource consumption; and
(8)Information-sharing and coordination of efforts among state governments in such areas as recycling education, technical assistance, market analysis, and related topics.
Source:
SL 1992, ch 254, §25.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-63.1 - Policies and requirements for purchase, sale, or transfer of solid waste or by-products, recyclable materials, or scrap by local government facility or program.

34A-6-63.1. Policies and requirements for purchase, sale, or transfer of solid waste or by-products, recyclable materials, or scrap by local government facility or program.
The governing body of any county, municipality, or political subdivision of the state may, by ordinance or resolution, establish policies, requirements, and procedures for the purchase, acquisition, sale, or transfer of any solid waste, as defined in §34A-6-1.3; solid waste by-products; recyclable materials, as defined in §34A-6-61; and scrap materials by any solid waste or recycling system or facility that is owned or operated by the county, municipality, or political subdivision or by any other facility or program that is owned or operated by the county, municipality, or political subdivision. Policies and requirements established pursuant to this section shall conform to state statutes and rules related to solid waste and recycling.
Such purchases, acquisitions, sales, and transfers are exempt from the requirements of chapters 5-18A and 6-13. If the governing body determines that it is in the best interests of the county, municipality, or political subdivision, the governing body may attempt to identify additional prospective buyers or sellers and may negotiate the conditions of such transactions with prospective buyers or sellers, including price, delivery, transport, quantity, and length of contract, to obtain the price or conditions most advantageous to the governing body. The governing body may authorize procedures for adjusting prices to meet changing market conditions not within the control of the purchaser or seller. No governing board member and no officer of the county, municipality, or political subdivision may purchase or acquire the materials described in this section unless such materials are available for sale to or acquisition by the general public.
Source:
SL 2007, ch 204, §1; SL 2011, ch 2, §141.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-64 - Disposal of tires.

34A-6-64. Disposal of tires.
Disposal of tires at sanitary landfills in this state is prohibited beginning on July 1, 1995, unless the tire has been processed in the manner established in rule by the board.
Source:
SL 1992, ch 254, §26.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-66 - Waste tire stockpiling and processing facilities—Promulgation of rules.

34A-6-66. Waste tire stockpiling and processing facilities—Promulgation of rules.
The department shall determine the number of stockpiling facilities that are necessary; and the board shall promulgate rules, pursuant to chapter 1-26, for waste tire stockpiling and processing facilities. The rules shall include the following:
(1)The prohibition of burning within one hundred yards of a tire stockpile;
(2)The maximum height, width, and length of a tire stockpile;
(3)Plans to control mosquitos and rodents;
(4)A facility closure plan;
(5)Specifications for fire lanes between stockpiles;
(6)Limitation of the total number of tires allowed at a single stockpile site;
(7)Criteria for the issuance of permits to qualified waste tire stockpiling and processing facilities. No waste tire stockpiling or processing may be done without a permit; and
(8)Appropriate waste tire processing methods.
Source:
SL 1992, ch 254, §28; SL 2021, ch 163, § 2.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-67 - Landfill waste reduction targets--Implementation dates.

34A-6-67. Landfill waste reduction targets--Implementation dates.
In order to achieve the waste reduction goals provided for under §34A-6-60, no landfill in the state may accept yard waste, lead acid batteries, waste motor oil, or white good appliances for disposal.
Office and computer paper, old newspaper, magazines, telephone books, corrugated cardboard, other marketable paper products, containers made from plastic, aluminum, and steel, and other municipal solid waste materials that are diverted from landfilling using appropriate methods and technology count toward the waste reduction goal. Appropriate methods and technology includes recycling facilities.
Source:
SL 1992, ch 254, §30; SL 1995, ch 205; SL 1998, ch 203, §2.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-68 - Code required for rigid plastic bottle or rigid plastic container.

34A-6-68. Code required for rigid plastic bottle or rigid plastic container.
Beginning July 1, 1995, no person may distribute, sell, or offer for sale in this state any plastic bottle or rigid plastic container unless the product is labeled with a code indicating the plastic resin used to produce the bottle or container. Rigid plastic bottles or rigid plastic containers with labels and basecups of a different material shall be coded by their basic material. The code shall consist of a number placed within the universal recycling symbol and letters placed below the symbol. The number used shall be as follows:
(1)1.-PETE (polyethylene terephthalate);
(2)2.-HDPE (high density polyethylene);
(3)3.-V (vinyl);
(4)4.-LDPE (low density polyethylene);
(5)5.-PP (polypropylene);
(6)6.-PS (polystyrene);
(7)7.-OTHER (includes multi-layer).
The Department of Agriculture and Natural Resources shall maintain a list of the label codes provided in this section and shall provide a copy of that list to any person upon request.
Source: SL 1992, ch 254, §31; SL 2003, ch 272 (Ex. Ord. 03-1), §20; SL 2011, ch 1 (Ex. Ord.
11-1
), §154, eff. Apr. 12, 2011; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-69 - Inspection of facilities.

34A-6-69. Inspection of facilities.
The department may inspect, as provided in §34A-6-1.20, any facility engaged in the transport, storage, or processing of materials for recycling, reuse, or other solid waste management purposes.
Source:
SL 1992, ch 254, §32.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-70 - Solid waste evaluation.

34A-6-70. Solid waste evaluation.
Each county and first class municipality shall prepare or have prepared, on or before January 1, 1993, a solid waste evaluation coordinated with the state solid waste management plan. The evaluation shall cover a fifteen-year time period, shall serve as the basis for county and municipal decisions on the need for facilities, and shall be provided to the board for its consideration in determining whether to issue facility permits under §34A-6-1.13. The evaluation shall include an analysis of the current and projected volume of solid waste, disposal capacity including all existing and planned facilities, the potential for source reduction, reuse, recycling, resource recovery, and shared and regional recycling and waste management facilities. The evaluation shall include a full accounting of the true and total cost, including the long-term costs, of all options analyzed in the evaluation. Counties and municipalities subject to this section shall consider in their solid waste evaluation, 40 CFR parts 257 and 258 of the environmental protection agency solid waste disposal criteria commonly known as "RCRA subtitle D regulations," as finally adopted and published in the Federal Register on October 9, 1991, and as amended to January 1, 2011; the statewide comprehensive solid waste management plan; and all rules promulgated by the board.
Source:
SL 1992, ch 254, §33; SL 2011, ch 165, §124; SL 2021, ch 163, § 3.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-71 - Regionalization of recycling and solid waste operations.

34A-6-71. Regionalization of recycling and solid waste operations.
Regionalization of recycling and solid waste planning, management, operations, and disposal are encouraged whenever possible. Any two or more responsible units of government may prepare a single solid waste evaluation as provided in §34A-6-70 for the analysis of the solid waste needs within the combined area of the responsible units of government as provided in the joint powers provisions of chapter 1-24. The department shall prepare model joint solid waste planning, management, recycling, operations, and disposal agreements and shall provide them to responsible units for the purpose of promoting regional planning and developing the regional recycling and waste management districts provided for under the statewide comprehensive solid waste management plan. Every regional landfill shall make provisions for municipalities and other political subdivisions responsible for solid waste management to exercise the powers provided for under §34A-6-67. However, each regional landfill may establish special rates commensurate with additional costs incurred by the landfill for waste containing materials not excluded from the waste stream as provided for under §34A-6-67.
Source:
SL 1992, ch 254, §34.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-73 - Responsible units of governments--Evaluation of capacity.

34A-6-73. Responsible units of governments--Evaluation of capacity.
Each county and first class municipality shall be the responsible unit of government for preparing the solid waste evaluation required under §34A-6-70. The responsible unit shall evaluate capacity to meet the solid waste management needs of the unit for a period of at least fifteen years. Capacity shall be sufficient to meet the requirements of state law and all applicable requirements of the United States Environmental Protection Agency. The evaluation shall be submitted to the department on or before January 1, 1993, and shall provide details of a local recycling program which shall contain a methodology for meeting the state source reduction and recycling goal pursuant to §34A-6-60 and a methodology for implementing a program of separation of wastes including yard waste, glass, plastic, paper, and metal.
Source:
SL 1992, ch 254, §36.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-74 - Filing of solid waste source reduction and recycling plan--Department review and aid in development--Hearings--Updating of plans.

34A-6-74. Filing of solid waste source reduction and recycling plan--Department review and aid in development--Hearings--Updating of plans.
Every municipality or other political subdivision responsible for solid waste management shall file with the department by January 1, 1994, a comprehensive solid waste source reduction and recycling plan detailing the method by which the municipality or other political subdivision responsible for solid waste management will comply with the requirements of §34A-6-67 to establish and implement a comprehensive solid waste source reduction and recycling program for its residents. For the purposes of this section, any public or private entity managing the solid waste stream for a municipality or county shall file one comprehensive plan on behalf of its members with the filing requirements of this section. The department shall review each comprehensive plan submitted and may reject, suggest modifications to, or approve the proposed plan. The department shall aid in the development of comprehensive plans for compliance with this section and shall make available appropriate forms for the submission of comprehensive plans. The department may hold hearings for the purpose of implementing this section. The comprehensive plan required in this section shall be updated and submitted to the department for approval five years after its most recent approval. The department may, consistent with rules promulgated by the board pursuant to chapter 1-26, require the filing or updating of a plan at other times.
Source:
SL 1992, ch 254, §37.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-75 - Plan required for issuance of new or renewed permit.

34A-6-75. Plan required for issuance of new or renewed permit.
Beginning July 1, 1994, no new permit for a solid waste disposal facility may be issued and no existing permit reissued or renewed unless the permit applicant, in conjunction with all local units of government whose residents, businesses, or institutions generate solid waste to be stored or disposed of in the facility, has filed a plan as required in §34A-6-74.
Source:
SL 1992, ch 254, §38.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-76 - Documentation of beginning implementation of plan required for new or renewed permit.

34A-6-76. Documentation of beginning implementation of plan required for new or renewed permit.
Beginning July 1, 1997, no new permit for a solid waste disposal facility may be issued and no existing permit may be reissued or renewed unless the permit applicant, in conjunction with all local units of government whose residents, businesses, or institutions generate solid waste to be stored or disposed of in the facility, documents that steps are being taken to begin implementing the plan filed pursuant to §34A-6-74.
Source:
SL 1992, ch 254, §39.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-77 - Documentation of alternatives to landfills required for reissued or renewed permit.

34A-6-77. Documentation of alternatives to landfills required for reissued or renewed permit.
Beginning July 1, 2000, no existing solid waste disposal permit may be reissued or renewed unless the permit applicant, in conjunction with all local units of government whose residents, businesses, or institutions generate solid waste to be stored or disposed of in the facility, documents that alternative methods of solid waste management other than use of a sanitary landfill have been implemented as set forth in the plan filed pursuant to §34A-6-74.
Source:
SL 1992, ch 254, §40.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-78 - Certification of landfill as necessary part of alternative solid waste management required for new permit.

34A-6-78. Certification of landfill as necessary part of alternative solid waste management required for new permit.
Beginning July 1, 2000, no new solid waste disposal facility permit for a landfill may be issued unless the applicant, in conjunction with all local units of government whose residents, businesses, or institutions generate solid waste to be stored or disposed of in the facility, certifies that the landfill is needed as a part of an alternative solid waste management method.
Source:
SL 1992, ch 254, §41.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-79 - Assistance to individuals, businesses, government with regard to solid waste management--Specifications.

34A-6-79. Assistance to individuals, businesses, government with regard to solid waste management--Specifications.
The department shall provide assistance to individuals, groups, businesses, state agencies, and local units of government in all aspects of solid waste management consistent with §§34A-6-59 to 34A-6-92, inclusive. This assistance may be provided through programs established under §34A-6-80 and shall include:
(1)Providing information on how to conduct a waste audit;
(2)Maintaining current estimates of the generation of components of solid waste by appropriate categories of businesses, industries, municipalities, and other governmental entities;
(3)Providing solid waste generators and handlers with information on how to manage solid waste consistent with §§34A-6-59 to 34A-6-92, inclusive;
(4)Identifying appropriate qualifications of recycling program coordinators and staff;
(5)Preparing sample recycling ordinances, procedural handbooks, and contracts;
(6)Identifying sources of information regarding the creation and operation of a municipal or county recycling program;
(7)Providing advice, upon the request of the municipality or county, on implementing the municipality's or county's solid waste management plan;
(8)Identifying prospective buyers and brokers of materials recovered from solid waste;
(9)Preparing suggestions for regional programs to market materials recovered from solid waste; and
(10)Identifying methods to successfully accommodate fluctuating markets for materials recovered from solid waste.
Source:
SL 1992, ch 254, §50E.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-80 - Educational and training programs on solid waste management--Training program audiences.

34A-6-80. Educational and training programs on solid waste management--Training program audiences.
The department shall collect, prepare, and disseminate information and conduct educational and training programs that assist in the implementation of §§34A-6-59 to 34A-6-92, inclusive, and other related solid waste management programs. The information and programs shall be designed to enhance municipal and county solid waste management programs and to inform the public of the relationship between an individual's consumption of goods and services, the generation of different types and quantities of solid waste and the implementation of the solid waste management priorities in this chapter and chapter 34A-6. The information and programs shall be prepared on a statewide basis for the following audiences:
(1)Municipal, county, and state officials and employees;
(2)Students and teachers;
(3)Private solid waste scrap brokers, dealers, and processors;
(4)Businesses that use or could use recycled materials or which produce or could produce products from recycled materials, and persons who support or serve these businesses; and
(5)The general public.
Source:
SL 1992, ch 254, §50F.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-81 - Solid waste management disposal fee--Calculation.

34A-6-81. Solid waste management disposal fee--Calculation.
There is hereby imposed a solid waste management fee of a one dollar per ton for all municipal solid waste disposed of at a landfill facility. The fee shall be imposed upon the generator as a surcharge by the operator of the landfill facility at the time of disposal. The fee shall be calculated based upon actual disposal weight or if actual weight is not available each person served by the facility shall be considered to generate eight-tenths of a ton per year. Facilities subject to the fee imposed by §34A-6-1.17 are not subject to the fee imposed by this section.
Source:
SL 1992, ch 254, §50H; SL 1993, ch 257, §4.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-82 - Payment of disposal fee by landfill owner--Accrual of obligation--Date due--Records.

34A-6-82. Payment of disposal fee by landfill owner--Accrual of obligation--Date due--Records.
The solid waste management fee imposed by §34A-6-81 shall be paid by the owner of the landfill facility and remitted to the state treasury. The obligation of the owner to pay the fee accrues at the time the solid waste is disposed of at the landfill facility. This fee 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. Facilities without scales that determine their fees on the basis of population served as provided for under §34A-6-81 may submit one annual report and fee for the period July first to June thirtieth, inclusive, the report and fee due and payable on or before July thirty-first of the current year. Each operator of a landfill facility who is required to pay this fee shall keep complete and accurate records in such form as the secretary of revenue, by rules promulgated pursuant to chapter 1-26, may require.
Source:
SL 1992, ch 254, §50I; SL 1993, ch 257, §5.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-83 - Tire solid waste management fee on motor vehicles--Collection.

34A-6-83. Tire solid waste management fee on motor vehicles--Collection.
There is hereby imposed a solid waste management fee of twenty-five cents per tire, not to exceed one dollar per vehicle on each motor vehicle registered and licensed in this state. Before any vehicle is registered as a commercial or noncommercial motor vehicle pursuant to chapter 32-5 or 32-9, the county treasurer shall collect the solid waste management fee; and before any vehicle is registered as a commercial motor vehicle pursuant to chapter 32-10, the secretary of revenue shall collect the solid waste management fee.
Source:
SL 1992, ch 254, §50J; SL 1993, ch 34, §6.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-84 - Payment of tire management fee by owner of motor vehicle--Date due--Exemption for United States and Indian tribe property.

34A-6-84. Payment of tire management fee by owner of motor vehicle--Date due--Exemption for United States and Indian tribe property.
The solid waste management fee imposed by §34A-6-83 shall be paid by the owner to the county treasurer or secretary of revenue at the registration and licensing of the motor vehicle, and the fee shall be remitted to the state treasury by the county treasurer or secretary of revenue on the same day as other registration and licensing fees are due and payable. Motor vehicles which are the property of the United States or the Indian tribes are not subject to the fee imposed by §34A-6-83.
Source:
SL 1992, ch 254, §50K.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-85 - Deposit of fees in environment and natural resources fee fund and water and environment fund--Expenditures, grants, and loans from water and environment fund--Preferences.

34A-6-85. Deposit of fees in environment and natural resources fee fund and water and environment fund--Expenditures, grants, and loans from water and environment fund--Preferences.
Twenty-five percent of the fees received pursuant to §§34A-6-81 and 34A-6-82 shall be deposited in the environment and natural resources fee fund established in §1-41-23 and shall be used to defray costs of administering the solid waste management program requirements of chapter 34A-6. All fees received pursuant to §§34A-6-83 and 34A-6-84 and seventy-five percent of the fees received pursuant to §§34A-6-81 and 34A-6-82 shall be deposited in the water and environment fund established in §46A-1-60, and their expenditures shall be limited to the solid waste source reduction, recycling, and waste management program established in §46A-1-83. Grants or loans from the water and environment fund shall be administered by the Board of Water and Natural Resources in accordance with the rules established for solid waste management grants or loans in §46A-1-84. The board shall offer a grant or loan preference to recycling projects.
Source:
SL 1992, ch 254, §50L; SL 1996, ch 219, §1; SL 2009, ch 13, §2; SL 2016, ch 218, §5, eff. Feb. 18, 2016; SL 2021, ch 1 (Ex. Ord. 21-3), §§14, 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-85.1 - Financial assistance for statewide cleanup of waste tires.

34A-6-85.1. Financial assistance for statewide cleanup of waste tires.
In addition to the financial assistance provided for under §34A-6-85, the Board of Water and Natural Resources shall expend an amount not to exceed two hundred fifty thousand dollars in fiscal years 1997 and 1998 from the fees collected pursuant to §34A-6-83 in order to help defray the costs of a statewide cleanup of waste tires. These funds shall be used to clean up waste tires and waste tire piles that existed prior to July 1, 1998, until such time that the cleanup of those waste tires is completed. The board shall stipulate that any contractor awarded funds under this section shall use, to the maximum extent possible, prison laborers provided by the Department of Corrections. The Board of Water and Natural Resources shall promulgate rules pursuant to chapter 1-26 to specify eligibility criteria, application procedures, eligible uses of funds, and administration requirements for any financial assistance to be awarded pursuant to this section.
Source:
SL 1996, ch 219, §3.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-87 - Illegal dumping penalties.

34A-6-87. Illegal dumping penalties.
It is unlawful to willfully dispose of solid waste in a manner inconsistent with the provisions of this chapter. Illegal disposal of solid waste in a quantity less than ten pounds shall constitute littering as provided in chapter 34A-7. Any person illegally disposing of solid waste in a quantity of ten pounds or more, but less than two thousand pounds or who unintentionally disposes of solid waste in excess of two thousand pounds in a manner inconsistent with this chapter is guilty of illegal dumping in the second degree. Any person who knowingly and intentionally disposes of solid waste in a manner inconsistent with the provisions of this chapter in a quantity in excess of two thousand pounds is guilty of illegal dumping in the first degree. Illegal dumping in the first degree is a Class 6 felony. Illegal dumping in the second degree is a Class 1 misdemeanor.
Source:
SL 1992, ch 254, §50N; SL 1993, ch 172, §2; SL 1993, ch 262.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-87.1 - Disposal of tire waste--Collection or processing sites--Penalties for violations.

34A-6-87.1. Disposal of tire waste--Collection or processing sites--Penalties for violations.
Any person hauling or transporting any waste tire as defined in subdivision 34A-6-61(25), originating from a wholesaler or retailer shall ensure the proper disposal of the waste tire at a department approved waste tire collection or processing site, or that it is used in some other manner approved by the department. The board may promulgate rules, pursuant to chapter 1-26, setting forth the requirements and procedures for department approval of waste tire collection, processing sites, or other approved uses for waste tires. Any waste tire hauler or transporter who intentionally disposes of any waste tire in a manner inconsistent with the provisions of this section is 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, or for costs to clean up sites not approved, or both. The violator is also subject to the criminal penalties provided for in §34A-6-87.
Source:
SL 1998, ch 202, §1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-89 - Scale device required--Records--Report--Contents--Permit for longer capacity disposal.

34A-6-89. Scale device required--Records--Report--Contents--Permit for longer capacity disposal.
Any solid waste facility permitted to dispose of solid waste in excess of one hundred thousand tons per year shall be equipped with a scale device, approved by the Department of Public Safety, and shall weigh and maintain records of the total amount of solid waste disposed of at the facility. On or before the fifteenth of each month, the facility shall submit to the department a report upon such forms as may be prescribed by the department in rules promulgated pursuant to chapter 1-26. The report shall state the total amount of solid waste disposed of at the facility in the preceding month. The forms shall contain a sworn certification by the owner or operator that the information contained in the monthly report is true and correct based upon his own best information, knowledge, and belief. No facility may dispose of solid waste in excess of one hundred fifty thousand tons per year without a permit authorizing the capacity of the facility to dispose of solid waste in such quantities as provided in §34A-6-1.16.
Source:
SL 1992, ch 254, §50Q; SL 2004, ch 17, §231.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-91 - Wholesaler or retailer exchange of lead acid batteries.

34A-6-91. Wholesaler or retailer exchange of lead acid batteries.
Any wholesaler or retailer of lead acid batteries shall accept, on a one for one exchange basis, used lead acid batteries and shall ensure the proper handling and disposal of the batteries.
Source:
SL 1992, ch 254, §50U.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-92 - Beverage containers, garbage bags, and plastic packaging materials--Preemption--Specially designated garbage bags.

34A-6-92. Beverage containers, garbage bags, and plastic packaging materials--Preemption--Specially designated garbage bags.
The provisions of chapter 34A-7 relating to beverage containers, garbage bags, and garbage can liners, auxiliary containers, and §34A-6-68 relating to uniform recycling codes for plastic containers, preempt all laws by any other political subdivision of the state relating to auxiliary containers, beverage containers, garbage bags, straws used for beverage consumption, or plastic packaging materials. No other political subdivision of the state may enact any law restricting the use in commerce of auxiliary containers, beverage containers, garbage bags, straws used for beverage consumption, or plastic packaging materials. Nothing in §§34A-6-59 to 34A-6-92, inclusive, may be construed to limit a political subdivision from allowing or requiring specially designated garbage bags for the purpose of identifying volume or type of waste or restricting the use of glass bottles and containers within park or recreation sites and facilities due to public safety concerns.
Source:
SL 1992, ch 254, §50V; SL 2020, ch 153, § 1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-93 - Infectious waste defined.

34A-6-93. Infectious waste defined.
For purposes of this chapter, the term, infectious waste, means medical waste that contains any disposable equipment, instruments, utensils, human tissue, laboratory waste, blood specimens, or substances that carry pathogenic organisms from rooms of patients who have been diagnosed or are suspected of having a communicable disease; disposable substances that carry pathogenic organisms; and surgical operating room pathogenic specimens or substances that carry pathogenic organisms.
The following do not constitute infectious waste:
(1)Hazardous waste;
(2)Household waste or household-type waste generated in a facility;
(3)Ash from incineration of regulated medical waste;
(4)Residues from treatment and destruction processes once the waste has been both treated and stored;
(5)Human corpses, remains, and anatomical parts that are intended for interment or cremation;
(6)Etiologic agents being transported interstate pursuant to applicable shipping requirements;
(7)Samples of regulated medical waste transported off-site for enforcement purposes by the United States Environmental Protection Agency or the state; and
(8)Animal carcasses or body parts that result from the diagnosis and treatment of animal diseases.
Source:
SL 1992, ch 259, §1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-93.1 - Medical waste defined.

34A-6-93.1. Medical waste defined.
For purposes of this chapter, medical waste means disposable equipment, instruments, utensils, human tissue, laboratory waste, blood specimens, or other substances that could carry pathogenic organisms.
Source:
SL 2013, ch 167, §1; SL 2015, ch 193, §2.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-94 - Unlawful possession of infectious waste in the second degree--Violation as misdemeanor.

34A-6-94. Unlawful possession of infectious waste in the second degree--Violation as misdemeanor.
Except as permitted in this chapter, no person may:
(1)Knowingly and intentionally possess more than twenty gallons or two hundred pounds, whichever is less, of an aggregate weight or volume of infectious waste at a place other than the facility at which such waste was generated; or
(2)Recklessly possess more than forty gallons or four hundred pounds, whichever is less, of an aggregate weight or volume of waste at a place other than the facility at which such waste was generated.
A violation of this section constitutes unlawful possession of infectious waste in the second degree and is a Class 1 misdemeanor.
Source:
SL 1992, ch 259, §2.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-95 - First degree unlawful possession of infectious waste--Felony.

34A-6-95. First degree unlawful possession of infectious waste--Felony.
Except as permitted in this chapter, no person may:
(1)Knowingly and intentionally possess more than three hundred gallons or three thousand pounds, whichever is less, of an aggregate weight or volume of infectious waste at a place other than the facility at which such waste was generated; or
(2)Recklessly possess more than five hundred gallons or five thousand pounds, whichever is less, of an aggregate weight or volume of infectious waste at a place other than the facility at which such waste was generated.
A violation of this section constitutes unlawful possession of infectious waste in the first degree and is a Class 6 felony.
Source:
SL 1992, ch 259, §3.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-96 - Unlawful release of infectious waste in fourth degree.

34A-6-96. Unlawful release of infectious waste in fourth degree.
A person is guilty of unlawful release of infectious waste in the fourth degree if the person with criminal negligence, engages in conduct which causes the release to the environment of infectious waste. Unlawful release of infectious waste in the fourth degree is a Class 1 misdemeanor.
Source:
SL 1992, ch 259, §4.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-97 - Unlawful release of infectious waste in third degree.

34A-6-97. Unlawful release of infectious waste in third degree.
A person is guilty of unlawful release of infectious waste in the third degree if the person:
(1)Recklessly engages in conduct which causes the release to the environment of infectious waste; or
(2)Knowingly engages in conduct which causes the release to the environment of infectious waste.
Unlawful release of infectious waste in the third degree is a Class 6 felony.
Source:
SL 1992, ch 259, §5.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-98 - Unlawful release of infectious waste in second degree.

34A-6-98. Unlawful release of infectious waste in second degree.
A person is guilty of unlawful release of infectious waste in the second degree if the person:
(1)Knowingly or recklessly engages in conduct which causes the release to the environment of infectious waste which includes any quantity of infectious waste which is capable at the time of transport, or at any time thereafter, of causing disease, or physical injury; or
(2)Knowingly or recklessly engages in conduct constituting a single criminal transaction which causes the release to the environment of more than five hundred gallons or five thousand pounds, whichever is less, of infectious waste.
Unlawful release of infectious waste in the second degree is a Class 5 felony.
Source:
SL 1992, ch 259, §6.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-99 - Unlawful release of infectious waste in first degree.

34A-6-99. Unlawful release of infectious waste in first degree.
A person is guilty of unlawful release of infectious waste in the first degree if the person:
(1)Knowingly engages in conduct which causes the release to the environment of infectious waste, which includes any quantity of infectious waste which is capable at the time of transport, or at any time thereafter, of causing serious physical injury or death to any person who is not a participant in the crime; or
(2)Knowingly engages in conduct constituting a single criminal transaction which causes the release to the environment of more than one thousand gallons or ten thousand pounds, whichever is less, of an aggregate weight or volume of infectious waste.
Unlawful release of infectious waste in the first degree is a Class 4 felony.
Source:
SL 1992, ch 259, §7.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-100 - Unlawful dealing in infectious waste.

34A-6-100. Unlawful dealing in infectious waste.
No person may, with intent to cause an unlawful release of infectious waste:
(1)Transfer, transport, repackage, or convey the waste to another person, thereby causing the other person to possess, store, transport, or dispose of the infectious waste in violation of this chapter; or
(2)Receive or agree to receive a benefit in exchange for possessing, storing, transporting, or disposing of infectious waste in violation of this chapter; or
(3)Confer or offer or agree to confer a benefit upon another person to induce the person to possess, store, transport, or dispose of infectious waste in violation of this chapter.
Unlawful dealing in infectious waste is a Class 5 felony.
Source:
SL 1992, ch 259, §8.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-101 - Court-imposed monetary penalties.

34A-6-101. Court-imposed monetary penalties.
If a person is convicted of a crime under the provisions of §§34A-6-93 to 34A-6-102, inclusive, the sentence of the court, in addition to the penalties provided in §§22-6-1 and 22-6-2, may include the following:
(1)Payment of the cost of restoring to its original state the area where infectious waste was released unlawfully in violation of the provisions of this chapter;
(2)A sentence to pay a fine in an amount fixed by the court, not exceeding the higher of:
(a)One hundred fifty thousand dollars for a Class 4 felony;
(b)One hundred thousand dollars for a Class 5 felony;
(c)Fifty thousand dollars for a Class 6 felony;
(d)Fifteen thousand dollars for a Class 1 misdemeanor; or
(e)Double the amount of the defendant's gain from the commission of the crime.
Source:
SL 1992, ch 259, §9.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-102 - Disposition of fines.

34A-6-102. Disposition of fines.
All fines and penalties collected pursuant to §§34A-6-93 to 34A-6-102, inclusive, shall be deposited in the regulated substance response fund established in §34A-12-3.
Source:
SL 1992, ch 259, §10.