reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-102.1 - Unlawful release of medical waste to recycling disposal destination--Misdemeanor.

34A-6-102.1. Unlawful release of medical waste to recycling disposal destination--Misdemeanor.
A person, as defined in subdivision 22-1-2(31), but excluding any natural person is guilty of unlawful release of medical waste if the person with negligence engages in conduct which causes the release of medical waste to a recycling disposal destination. Any natural person is guilty of unlawful release of medical waste if the person with negligence engages in conduct which causes the release of medical waste from a residence to a recycling disposal destination with knowledge of the prohibition contained in this section. Unlawful release of medical waste is a Class 2 misdemeanor.
Source:
SL 2013, ch 167, §2; SL 2015, ch 193, §1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-102.2 - Actual knowledge of hauler or transporter required.

34A-6-102.2. Actual knowledge of hauler or transporter required.
No hauler or transporter of waste may be prosecuted for unlawful release of medical waste under §34A-6-102.1 unless the hauler or transporter of waste had actual knowledge that medical waste had been placed in the hauler or transporter's dumpster by another person before the waste was released to the recycling center.
Source:
SL 2013, ch 167, §3.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-103 - County approval required for solid waste or medical waste transportation, storage, treatment or disposal.

34A-6-103. County approval required for solid waste or medical waste transportation, storage, treatment or disposal.
Any application to the Board of Minerals and Environment or the secretary for a new permit or first authorization to operate under a general permit for a facility for the transportation, storage, treatment, or disposal of solid waste or medical waste pursuant to this chapter shall include a resolution by the governing body of the county in which the facility is to be located approving the proposed facility. Approval by the county within no more than twenty-four months before the issuance of the new permit or first authorization by the Board of Minerals and Environment or the secretary is a condition for the issuance of the permit or authorization. Approval granted under this section may only be rescinded by the county before the new permit or first authorization is issued and only if a significant change in the size, purpose, or location of the proposed facility has occurred.
Source:
SL 1992, ch 258; SL 1996, ch 220, §1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-103.1 - Board of commissioners' meetings required before approval of solid waste facility--Applicant to provide information--Preliminary approval--Notice--Costs of notice.

34A-6-103.1. Board of commissioners' meetings required before approval of solid waste facility--Applicant to provide information--Preliminary approval--Notice--Costs of notice.
The county may not grant approval for a municipal solid waste landfill, materials recovery facility, or incinerator under §34A-6-103 unless at least two meetings of the county board of commissioners have been held to consider the question of county approval. The first meeting shall include an explanation of the state solid waste permitting process and the requirement for county approval pursuant to §34A-6-103. The county may, at the first meeting, issue a preliminary approval of the facility. If the county board of commissioners grants preliminary approval at the first meeting, a second meeting shall be held at least one hundred twenty days after the preliminary approval was granted. The county shall publish notice of the second meeting in the official newspapers of the county at least twice in each of the two consecutive thirty-day periods immediately preceding the second meeting. The county board of commissioners may grant official approval for purposes of §34A-6-103 at the second meeting. At the first meeting, the applicant shall present the following information with respect to the proposed facility:
(1)Size and capacity;
(2)Location and legal description;
(3)Area to be served by the facility;
(4)Type of waste to be accepted;
(5)Types of state permits to be applied for;
(6)If applicable, the type of liner and leachate collection system;
(7)If the facility is to include an incinerator, the type and model of the incinerator;
(8)If the facility is for the disposal of ash, the method of disposal of the ash;
(9)Expected lifespan of the facility; and
(10)If the facility is a materials recovery facility, information about the type of materials recovery facility and whether the materials will be presorted or commingled.
The applicant shall reimburse the county for the cost to publish the notice required by this section.
Source:
SL 1996, ch 220, §§2, 3.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-104 - Promulgation of certain rules in state solid waste programs.

34A-6-104. Promulgation of certain rules in state solid waste programs.
The board may promulgate rules pursuant to chapter 1-26, in order to implement the provisions of 40 CFR parts 257 and 258 as amended to January 1, 1993, in a state solid waste program approved by the United States Environmental Protection Agency.
Source:
SL 1993, ch 257, §9.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-105 - Big Stone power plant approved.

34A-6-105. Big Stone power plant approved.
Pursuant to the provisions of §34A-6-53, the Legislature hereby approves the operation of the Big Stone Power Plant near Big Stone City, South Dakota, with respect to the disposal of solid waste and finds that the facility is environmentally safe according to regulations in effect in 1993 and as permitted by the Board of Minerals and Environment and is in the public interest. The operation shall be in accordance with the terms of a solid waste permit or permit renewal issued by the Board of Minerals and Environment.
Source:
SL 1993, ch 260.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-106 - Sioux Falls/Regional Sanitary Landfill approved.

34A-6-106. Sioux Falls/Regional Sanitary Landfill approved.
Pursuant to the provisions of §34A-6-53, the Legislature hereby approves the operation of the Sioux Falls/Regional Sanitary Landfill located near Sioux Falls, South Dakota, with respect to the disposal of solid waste and finds that the facility is environmentally safe and in the public interest. The operation shall be in accordance with the terms of a solid waste permit or permit renewal issued by the Board of Minerals and Environment.
Source:
SL 1997, ch 211, §1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-107 - Purchase of certain beer kegs by recycler, scrap metal dealer, or scrap yard operator prohibited--Violation as misdemeanor.

34A-6-107. Purchase of certain beer kegs by recycler, scrap metal dealer, or scrap yard operator prohibited--Violation as misdemeanor.
No recycler, scrap metal dealer, or scrap yard operator may purchase any metal beer keg, whether damaged or undamaged, except from the brewer or its authorized representative, if:
(1)The keg is clearly marked as the property of a brewery manufacturer; or
(2)The keg's identification markings have been made illegible.
A violation of this section is a Class 2 misdemeanor.
Source:
SL 2008, ch 178, §1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-108 - Definition of terms.

34A-6-108. Definition of terms.
Terms used in this section and §§34A-6-109 to 34A-6-112, inclusive, mean:
(1)"Industrial or commercial account," any person or business, including a scrap metal business, operating from a fixed location, that sells nonferrous metal to a scrap metal recycler pursuant to a contractual arrangement or agreement;
(2)"Law enforcement officer," any law enforcement officer as defined in §23-3-7;
(3)"Nonferrous metal property," any metal property for which the value of the metal property is derived from the property's content of copper, brass, aluminum, bronze, lead, zinc, platinum, rhodium, palladium, or nickel, or any of their alloys, including detached catalytic converters. Aluminum does not include any food or beverage containers, except for a beer keg;
(4)"Record," a paper, electronic, or other method of storing information;
(5)"Scrap metal business," any scrap metal supplier, scrap metal recycling center, or scrap metal processor;
(6)"Transaction," a pledge to buy, the purchase of, or the trade for any nonferrous metal property by a scrap metal business from any person. A transaction does not include a sale or trade involving any industrial or commercial account.
Source: SL 2008, ch 179, §1; SL 2022, ch 139, §1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-109 - Scrap metal business--Recordkeeping requirements.

34A-6-109. Scrap metal business--Recordkeeping requirements.
Each scrap metal business shall keep records of each transaction involving the purchase of nonferrous metal property that exceeds one hundred dollars, provided that records of any transaction involving a detached catalytic converter must be kept regardless of purchase price. The scrap metal business shall be able to produce an accurate and legible record of each transaction involving nonferrous metal property at the location where the scrap metal is purchased. The records shall contain the following:
(1)Date, location, and value of the transaction;
(2)Signature of the person selling the nonferrous metal property;
(3)Name, street address, city, and state of the seller;
(4)Photocopy of the seller's current driver license or other government issued picture identification card;
(5)A description of the predominant types of nonferrous metal property involved in the transaction, including the weight, quantity, or volume of the scrap nonferrous metal; and
(6)Name of the employee representing the scrap metal business in the transaction.
Source: SL 2008, ch 179, §2; SL 2019, ch 161, §1; SL 2022, ch 139, §2.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-109.1 - Purchases to be made by check or electronic funds transfer.

34A-6-109.1. Purchases to be made by check or electronic funds transfer.
Any payment for the purchase of nonferrous metal property that exceeds one hundred dollars shall be made by either check or electronic funds transfer.
Source:
SL 2019, ch 161, §2.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-109.2 - Purchase of catalytic converters--Limitations.

34A-6-109.2. Purchase of catalytic converters--Limitations.
Only a scrap metal business with a valid state sales tax license may purchase a detached catalytic converter.
A person may not purchase, trade for, or pledge to buy a detached catalytic converter, or offer or advertise to purchase, trade for, or pledge to buy a detached catalytic converter, unless the person follows the requirements under §§34A-6-108 to 34A-6-112, inclusive.
Source: SL 2022, ch 139, §3.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-110 - Scrap metal business records open to inspection by law enforcement officers.

34A-6-110. Scrap metal business records open to inspection by law enforcement officers.
The record required by §§34A-6-108 to 34A-6-112, inclusive, shall be open to the inspection of any law enforcement officer at all times during the ordinary hours of business or at reasonable times if ordinary hours of business are not kept. The record shall be maintained at the location that the business is conducted for one year following the date of the transaction.
Source:
SL 2008, ch 179, §3.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-111 - Copies of scrap metal business records--Report of lost or stolen nonferrous metal property.

34A-6-111. Copies of scrap metal business records--Report of lost or stolen nonferrous metal property.
If a copy of the record of the transaction is requested by a law enforcement officer, a scrap metal business shall furnish a full, true, and correct transcript of the record from the purchase or receipt of the nonferrous metal property. This record shall be provided or transmitted to the applicable law enforcement agency within two business days.
If the scrap metal business has good cause to believe that any nonferrous metal property in the business's possession is lost or stolen, the scrap metal business shall promptly report that fact to a law enforcement officer, together with the name of the owner, if known, and the date of transaction and the name of the person from whom it was received.
Source:
SL 2008, ch 179, §4.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-112 - Hold on nonferrous metal item suspected to be lost or stolen.

34A-6-112. Hold on nonferrous metal item suspected to be lost or stolen.
If the scrap metal business is notified by a law enforcement officer that an item of nonferrous metal property has been reported as stolen, a scrap metal business shall hold that property intact and safe from alteration, damage, or commingling, and shall place an identifying tag or other suitable identification on the property. The scrap metal business shall hold the property for a period of time as directed by the law enforcement agency up to a maximum of ten business days.
A law enforcement officer may not place on hold any item of nonferrous metal property unless that law enforcement agency reasonably suspects that the property is a lost or stolen item. Any hold that is placed on the nonferrous metal property shall be removed within ten business days. If the property on hold is determined not to be lost or stolen, the nonferrous metal property shall be returned to the owner or released.
Source:
SL 2008, ch 179, §5.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-113 - Disposal of certain oil and gas field liquid wastes prohibited.

34A-6-113. Disposal of certain oil and gas field liquid wastes prohibited.
No saltwater, crude oil, waste oil, or other oil or gas field liquid wastes may be stored in an earthen pit or open receptacle unless the facility is directly associated with the development of a specific well or producing property and receives liquid wastes only from that specific well or producing property.
Source:
SL 2013, ch 168, §1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-114 - Disposal of certain radionuclides at solid waste facility prohibited.

34A-6-114. Disposal of certain radionuclides at solid waste facility prohibited.
Radionuclides found in nature, such as radium, thorium, and uranium, that have become concentrated through human activities, and which have been generated during oil and gas production activities with a total laboratory-measured radioactivity level of Radium-226 plus Radium-228 greater than 5 picocuries/gram above the background radioactivity level, are prohibited from being disposed of at any solid waste facility permitted under this chapter. The background radioactivity level is as measured at each individual permitted solid waste facility. All radioactivity levels shall be measured using methods and procedures approved by the Department of Agriculture and Natural Resources.
Source: SL 2013, ch 168, §2; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 07 - Litter Disposal And Control › Section 34A-7-1 - Definition of terms.

34A-7-1. Definition of terms.
Terms used in this chapter mean:
(1)"Beverage," beer or other malt beverages and mineral waters, soda water, and similar carbonated soft drinks in liquid form and intended for human consumption;
(2)"Beverage container," the individual, separate, sealed glass, metal, or plastic bottle, can, jar, or carton containing a beverage;
(3)"Biodegradable," degradable through a process by which fungi or bacteria secrete enzymes to convert a complex molecular structure to simple gasses and organic compounds;
(4)"Degradable," capable of decomposing by biodegradation, photodegradation, or chemical process into harmless component parts after exposure to natural elements for not more than three hundred sixty-five days;
(5)"Litter," any discarded, used, or unconsumed substance or waste, including any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic, or paper containers or other packaging construction material, abandoned motor vehicle, as defined in §32-36-2, motor vehicle parts, furniture, oil, carcass of a dead animal, any nauseous or offensive matter of any kind, any object likely to injure any person or create a traffic hazard, or anything else of an unsightly or unsanitary nature, which has been discarded, abandoned or otherwise disposed of improperly;
(6)"Motor vehicle," as that term is defined in §32-36-2;
(7)"Photodegradable," degradable through a process in which ultraviolet radiation in sunlight causes a chemical change in a material;
(8)"Secretary," the secretary of the Department of Agriculture and Natural Resources of South Dakota.
Source: SL 1974, ch 242, §1; SDCL Supp, §34-16C-1; SL 1976, ch 214, §§3, 8, 10; SL 1989, ch 307, §1; SL 1989, ch 308, §1; SL 2011, ch 165, §125; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 07 - Litter Disposal And Control › Section 34A-7-2 - Receptacles in public places.

34A-7-2. Receptacles in public places.
In order to assist the public in complying with this chapter, the owner or person in control of any property which is held out to the public as a place for assemblage, the transaction of business, recreation, or as a public way shall cause to be placed and maintained receptacles for the deposit of litter, of sufficient volume and in sufficient numbers to contain the litter which can be expected to be generated by the numbers of people customarily coming on or using the property.
A receptacle shall be maintained in a manner to prevent overflow or spillage of litter from the receptacle.
A violation of this section is a petty offense.
Source:
SL 1974, ch 242, §8; SDCL Supp, §34-16C-5; SL 1976, ch 214, §4; SL 1977, ch 190, §37.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 07 - Litter Disposal And Control › Section 34A-7-3 - Property where receptacles required.

34A-7-3. Property where receptacles required.
For purposes of §34A-7-2, the term, property held out to the public for the transaction of business, includes commercially operated parks, campgrounds, drive-in restaurants, automobile service stations, business parking lots, car washes, shopping centers, marinas, boat launching areas, industrial parking lots, boat moorage and fueling stations, piers, beaches and bathing areas, airports, roadside rest stops, drive-in movies, and shopping malls. For purposes of §34A-7-2, the term, property held out to the public for assemblage, recreation, or as a public way, includes any property that is publicly owned or operated for any of the purposes stated in the definition in this section for "property held out to the public for the transaction of business" but excludes state highway rights of way and rest areas located on state highway rights of way.
Source:
SL 1974, ch 242, §8; SDCL Supp, §34-16C-6; SL 2011, ch 165, §126.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 07 - Litter Disposal And Control › Section 34A-7-6 - Littering prohibited--Exceptions--Violation as misdemeanor.

34A-7-6. Littering prohibited--Exceptions--Violation as misdemeanor.
No person may dump, deposit, drop, throw, discard, leave, cause or permit the dumping, depositing, dropping, throwing, discarding or leaving of litter upon any public or private property in this state, or upon or into any river, lake, pond, or other stream or body of water in this state, unless:
(1)The property has been designated by the state or any of its agencies or political subdivisions, for the disposal of litter, and the litter is disposed of on that property in accordance with the applicable rules promulgated pursuant to chapter 1-26 by the Board of Minerals and Environment;
(2)The litter is placed into a receptacle or other container intended by the owner or tenant in lawful possession of that property for the deposit of litter;
(3)The person is the owner or tenant in lawful possession of the property or has first obtained the consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of the owner or tenant and does not create a public health or safety hazard, a public nuisance, or a fire hazard;
(4)The person is acting under the direction of proper public officials during special cleanup days; or
(5)The person is lawfully acting in or reacting to an emergency situation where health and safety is threatened, and removes and properly disposes of such litter when the emergency situation no longer exists.
A violation of this section is a Class 2 misdemeanor.
Source:
SL 1974, ch 242, §3; SDCL Supp, §34-16C-10; SL 1986, ch 295, §29; SL 1992, ch 158, §44; SL 1993, ch 256, §33.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 07 - Litter Disposal And Control › Section 34A-7-7 - Littering from motor vehicle prohibited--Transporting litter to highway or rest area receptacles prohibited--Violation as misdemeanor.

34A-7-7. Littering from motor vehicle prohibited--Transporting litter to highway or rest area receptacles prohibited--Violation as misdemeanor.
No person may dump, deposit, drop, throw, discard, or otherwise dispose of litter from any motor vehicle upon any public highway, upon any public or private property or upon or into any river, lake, pond, stream, or body of water in this state except as permitted by law. No person may transport by any means garbage or refuse from any dwelling, residence, place of business, farm, or other site to and deposit such material in, around, or on top of trash barrels or other receptacles placed along public highways or at roadside rest areas. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1974, ch 242, §4; SDCL Supp, §34-16C-11; SL 1992, ch 158, §45; SL 2011, ch 165, §127.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 07 - Litter Disposal And Control › Section 34A-7-8 - Motor vehicle littering as traffic violation--Forwarding of conviction report--Penalties not exclusive.

34A-7-8. Motor vehicle littering as traffic violation--Forwarding of conviction report--Penalties not exclusive.
In addition to any penalty imposed under this chapter, a person convicted of violating §34A-7-7 while operating a motor vehicle is considered to have been convicted of a moving traffic violation. A report of conviction of the provisions of this chapter shall be forwarded to the Department of Public Safety by the court within ten days after the date the conviction is entered.
The penalties prescribed in this section are in addition to, and not in lieu of, any penalties, rights, remedies, duties, or liabilities otherwise imposed or conferred by law.
Source:
SL 1974, ch 242, §7; SDCL Supp, §34-16C-12; SL 2003, ch 272 (Ex. Ord. 03-1), §20; SL 2011, ch 165, §128.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 07 - Litter Disposal And Control › Section 34A-7-9 - Accumulation of litter on property prohibited--Violation as misdemeanor.

34A-7-9. Accumulation of litter on property prohibited--Violation as misdemeanor.
No person may allow litter to accumulate upon real property, of which the person charged is the owner or tenant in control, in such a manner as to constitute a public nuisance or in such a manner that the litter may be blown or otherwise carried by the natural elements onto the real property of another person. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1974, ch 242, §5; SDCL Supp, §34-16C-13; SL 1992, ch 158, §46; SL 2011, ch 165, §129.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 07 - Litter Disposal And Control › Section 34A-7-10 - Enforced removal of litter upon conviction of accumulation violation--Costs taxed against violator.

34A-7-10. Enforced removal of litter upon conviction of accumulation violation--Costs taxed against violator.
In addition to any fine imposed under this chapter, the court may order that the person convicted of such a violation remove and properly dispose of the litter, may employ special bailiffs to supervise such removal and disposal, and may tax the costs of such supervision as costs against the person so convicted.
Source:
SL 1974, ch 242, §6; SDCL Supp, §34-16C-14.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 07 - Litter Disposal And Control › Section 34A-7-11 - Injunction against continuing violators.

34A-7-11. Injunction against continuing violators.
The attorney general may file for an injunction against continuing violators of this chapter.
Source:
SL 1974, ch 242, §12; SDCL Supp, §34-16C-15; SL 1976, ch 214, §7; SL 1977, ch 190, §39; SL 1992, ch 158, §47.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 07 - Litter Disposal And Control › Section 34A-7-12 - Injunction of violations--Citizens' suits--Alternative or in addition to criminal proceedings.

34A-7-12. Injunction of violations--Citizens' suits--Alternative or in addition to criminal proceedings.
Any person violating the provisions of this chapter may be enjoined from further violations in the circuit courts of this state. Such suits may be brought by any citizen of the state. An action for injunction shall be an alternative to, or in addition to, criminal proceedings.
Source:
SL 1976, ch 214, §2; SDCL Supp, §34-16C-15.1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 07 - Litter Disposal And Control › Section 34A-7-13 - Application of chapter throughout state--Home rule ordinances permitted.

34A-7-13. Application of chapter throughout state--Home rule ordinances permitted.
This chapter applies throughout the state, both within and without home rule units. Nothing in this chapter prohibits the enactment of litter control ordinances by home rule units but the requirements of such ordinances must be at least as stringent as those imposed by this chapter.
Source:
SL 1974, ch 242, §11; SDCL Supp, §34-16C-16.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 07 - Litter Disposal And Control › Section 34A-7-14 - Ordinances to regulate litter authorized.

34A-7-14. Ordinances to regulate litter authorized.
Municipalities and counties may by ordinance regulate litter, provide penalties for violations of such ordinances, establish procedures for court appearances for violations, and provide penalties for failure to appear on a written promise.
Source:
SL 1976, ch 213; SDCL Supp, §34-16C-16.1; SL 2011, ch 165, §130.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 07 - Litter Disposal And Control › Section 34A-7-15 - Arrest for violation of municipal litter ordinance--Notice to appear--Time--Refusal to give written promise to appear.

34A-7-15. Arrest for violation of municipal litter ordinance--Notice to appear--Time--Refusal to give written promise to appear.
Except as otherwise provided, if any person is arrested for a violation of any municipal ordinance adopted pursuant to this chapter, the arresting law enforcement officer or other municipal enforcement officer shall take the name and address of the person and issue a complaint or otherwise notify the person in writing to appear at a time and place to be specified in the complaint or notice. The time shall be at least five days after the arrest unless the person arrested demands an earlier hearing. If the person gives written promise to appear at the designated time and place, the officer shall release the person from custody. Any person refusing to give such written promise to appear may be prosecuted as in the manner of other violations of city ordinances.
Source:
SL 1976, ch 214, §1; SDCL Supp, §34-16C-16.2; SL 2011, ch 165, §131.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 07 - Litter Disposal And Control › Section 34A-7-16 - Enforcement and prosecution.

34A-7-16. Enforcement and prosecution.
This chapter shall be enforced by all law enforcement officers including conservation officers in their respective jurisdictions, whether employed by the state or by any unit of local government. Prosecutions for violation of this chapter shall be conducted by the state's attorneys of the several counties and by the attorney general of this state.
Source:
SL 1974, ch 242, §10; SDCL Supp, §34-16C-17.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 07 - Litter Disposal And Control › Section 34A-7-17 - Punishment for litter with aggregate weight of over five pounds.

34A-7-17. Punishment for litter with aggregate weight of over five pounds.
In addition to the penalties provided, any violation of §34A-7-6 or 34A-7-7 that involves littering with an aggregate weight of more than five pounds is punishable by a fine not to exceed one thousand dollars, of which twenty percent shall be paid to any person who provides information that leads to the conviction of any person for an offense that is subject to the provisions of this section. In addition, the court shall order the person who has been convicted to gather and dispose of litter in the area for a length of time to be determined by the court.
Source:
SL 1996, ch 221, §2.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 08 - Endangered And Threatened Species › Section 34A-8-1 - Definition of terms.

34A-8-1. Definition of terms.
Terms as used in this chapter, unless the context otherwise requires, mean:
(1)"Endangered species," any species of wildlife or plants which is in danger of extinction throughout all or a significant part of its range other than a species of insects determined by the Game, Fish and Parks Commission or the secretary of the United States Department of Interior to constitute a pest whose protection under this chapter would present an overwhelming and overriding risk to man;
(2)"Nongame species," any wildlife species not legally classified a game species, fur-bearer, threatened species, or as endangered by statute or regulations of this state;
(3)"Threatened species," any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range;
(4)"Wildlife," any nondomesticated animal, whether reared in captivity or not, and includes any part, product, egg, or offspring thereof, or the dead body or parts thereof.
Source:
SL 1977, ch 335, §1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 08 - Endangered And Threatened Species › Section 34A-8-2 - Investigation of wildlife by secretary--Information developed.

34A-8-2. Investigation of wildlife by secretary--Information developed.
The game, fish and parks secretary shall conduct investigation on nongame, endangered, or threatened wildlife to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data to determine management measures necessary to ensure their perpetuation as viable components of their ecosystem and for human enjoyment.
Source:
SL 1977, ch 335, §3.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 08 - Endangered And Threatened Species › Section 34A-8-3 - Lists of endangered and threatened species promulgated--Basis for determination.

34A-8-3. Lists of endangered and threatened species promulgated--Basis for determination.
On the basis of determinations pursuant to §34A-8-2 the Game, Fish and Parks Commission shall promulgate a list of those species of wildlife which are determined to be endangered or threatened within the state. The Game, Fish and Parks Commission shall make these determinations on the basis of the best scientific, commercial, and other data available to them and after consultation, as appropriate, with federal agencies, other interested state agencies, other states having a common interest in the species and interested persons and organizations.
Source:
SL 1977, ch 335, §3.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 08 - Endangered And Threatened Species › Section 34A-8-4 - Biennial review of lists of endangered and threatened species--Amendments.

34A-8-4. Biennial review of lists of endangered and threatened species--Amendments.
The Game, Fish and Parks Commission shall conduct a review of the state list of endangered and threatened species within the period ending July 3, 1979, and every two years thereafter and may amend the list by appropriate additions or deletions.
Source:
SL 1977, ch 335, §3.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 08 - Endangered And Threatened Species › Section 34A-8-5 - Lists of endangered or threatened species--Add or remove species.

34A-8-5. Lists of endangered or threatened species--Add or remove species.
The Game, Fish and Parks Commission may not add a species to nor remove a species from any list pursuant to §34A-8-3 or 34A-8-4, until it has:
(1)Promulgated a rule, pursuant to chapter 1-26, for the addition or removal of the subject species; and
(2)Notified the Governor of any state sharing a common border with this state and in which the subject species is known to exist that such action is being proposed.
Source:
SL 1977, ch 335, §3; SL 2021, ch 164, § 1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 08 - Endangered And Threatened Species › Section 34A-8-6 - Departments to manage, protect, and restore endangered and threatened species.

34A-8-6. Departments to manage, protect, and restore endangered and threatened species.
The Department of Game, Fish and Parks and the Department of Agriculture and Natural Resources shall perform those acts necessary for the conservation, management, protection, restoration, and propagation of endangered, threatened, and nongame species of wildlife.
Source: SL 1977, ch 335, §2; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 08 - Endangered And Threatened Species › Section 34A-8-7 - Programs and agreements for management of endangered species--Prairie dog control on private lands.

34A-8-7. Programs and agreements for management of endangered species--Prairie dog control on private lands.
The secretary of agriculture and natural resources and the secretary of game, fish and parks shall establish programs, with legislative approval and may enter into cooperative agreements with federal and state agencies or with private persons as deemed necessary for the management of nongame, endangered, or threatened species. The secretaries shall establish and conduct control programs at state expense on private lands that are encroached upon by prairie dogs from contiguous public lands.
Source: SL 1977, ch 335, §4; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 08 - Endangered And Threatened Species › Section 34A-8-8 - Permitting capture of endangered and threatened species--Authorized purposes.

34A-8-8. Permitting capture of endangered and threatened species--Authorized purposes.
The secretary of agriculture and natural resources and the secretary of game, fish and parks may permit the taking, possession, purchase, sale, transportation, exportation, or shipment of species of plants or wildlife which appear on the state list of endangered or threatened species for scientific, zoological, or educational purposes, for propagation in captivity of such fish or wildlife to insure their survival.
Source: SL 1977, ch 335, §4; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 08 - Endangered And Threatened Species › Section 34A-8-9 - Possession, transportation and sale of endangered and threatened species prohibited--Violation as misdemeanor.

34A-8-9. Possession, transportation and sale of endangered and threatened species prohibited--Violation as misdemeanor.
Except as otherwise provided in this chapter, no person may take, possess, transport, import, export, process, sell, or offer for sale, buy or offer to buy, nor may a common or contract carrier transport or receive for shipment, any species of wildlife or plants appearing on the following lists:
(1)The list of wildlife and plants indigenous to the state determined to be endangered or threatened within the state pursuant to §§34A-8-3 and 34A-8-4.
(2)The United States list of endangered or threatened native wildlife effective on January 1, 1977.
(3)The United States list of endangered or threatened foreign wildlife effective on January 1, 1977.
(4)The United States list of endangered or threatened plants effective on January 1, 1977.
A violation of this section is a Class 2 misdemeanor.
Source:
SL 1977, ch 335, §5; SL 1992, ch 158, §48.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 08 - Endangered And Threatened Species › Section 34A-8-10 - Importation, possession, sale, or purchase of endangered or threatened species under permit, license, or other documentation--Violation as misdemeanor.

34A-8-10. Importation, possession, sale, or purchase of endangered or threatened species under permit, license, or other documentation--Violation as misdemeanor.
A species of wildlife appearing on any of the lists enumerated in §34A-8-9 may enter South Dakota from another state or from a point outside the territorial limits of the United States and may be transported, possessed, sold, and purchased in accordance with the terms of a permit issued pursuant to rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26. However, a person may transport into South Dakota or otherwise possess, sell, or purchase within the state any animal or parts thereof appearing on any of the lists enumerated in §34A-8-9 that were lawfully taken or acquired in another state or lawfully taken or acquired from a point outside the territorial limits of the United States if the items are accompanied by the appropriate license, documentation, Convention on International Trade in Endangered Species (CITES) permit, or CITES tag. It is a Class 2 misdemeanor to transport, possess, sell or purchase a species of wildlife appearing on any of the lists enumerated in §34A-8-9 in violation of the conditions of a permit, or to transport, possess, sell, or purchase any part thereof, in violation of the provisions of this section. The provisions of this section do not apply to any captive nondomestic animal of the mammalia class and the products thereof regulated by the Animal Industry Board under Title 40.
Source:
SL 1977, ch 335, §6; SL 1993, ch 256, §34; SL 2007, ch 236, §4.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 08 - Endangered And Threatened Species › Section 34A-8-11 - Permits for capture or destruction of, wildlife to protect life or property--Violation of permit--Emergency protection of human life.

34A-8-11. Permits for capture or destruction of, wildlife to protect life or property--Violation of permit--Emergency protection of human life.
Upon good cause shown and where necessary to alleviate damage to property or to protect human health, endangered or threatened species found on the state list may be removed, captured, or destroyed pursuant to a permit issued by the secretary of game, fish and parks. A violation of the terms of the permit is a Class 2 misdemeanor.
Carnivorous animals found on the state list may be removed, captured, or destroyed by any person in emergency situations involving an immediate threat to human life, provided that the removal, capture, or destruction shall be reported to the secretary or his representative within twenty-four hours of the act.
Source:
SL 1977, ch 335, §7; SL 1992, ch 158, §49.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 08 - Endangered And Threatened Species › Section 34A-8-13 - Legislative approval required for reintroduction of species.

34A-8-13. Legislative approval required for reintroduction of species.
No species that is currently extinct in this state and that has been placed on the threatened or endangered species list pursuant to the federal "Endangered Species Act of 1973," as amended to January 1, 1995, may be reintroduced into this state through action by any federal, state, or local governmental entity, unless the Legislature has specifically enacted legislation naming the species and specifying the manner of reintroduction.
Source:
SL 1995, ch 206.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 08A - Species Of Management Concern › Section 34A-8A-1 - Definitions of terms in §§ 34A-8A-2 to 34A-8A-7.

34A-8A-1. Definitions of terms in §§34A-8A-2 to 34A-8A-7.
Terms used in this chapter mean:
(1)"Departments," the Department of Game, Fish, and Parks and the Department of Agriculture and Natural Resources;
(2)"Species of management concern," a species designated by the secretary of the Department of Agriculture and Natural Resources and the Game, Fish and Parks Commission as a species which shares the dual status of requiring both control and protection.
Source: SL 2001, ch 191, §1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 08A - Species Of Management Concern › Section 34A-8A-2 - Promulgation of list of species of management concern--Factors considered.

34A-8A-2. Promulgation of list of species of management concern--Factors considered.
The secretary of the Department of Agriculture and Natural Resources and the Game, Fish and Parks Commission shall establish, by rules promulgated pursuant to chapter 1-26, a list of species of management concern. In determining whether a species should be listed, the following factors are to be considered:
(1)Whether the species or its habitat, or both are of value ecologically and aesthetically and at the same time burdensome for property owners; and
(2)Whether the species may warrant protection at times and control at others depending on the rate of reproduction, climate, disease, population viability, and other factors.
Source: SL 2001, ch 191, §2; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 08A - Species Of Management Concern › Section 34A-8A-3 - Joint promulgation of rules.

34A-8A-3. Joint promulgation of rules.
Rules promulgated pursuant to §34A-8A-2 shall be conducted jointly by both the Department of Agriculture and Natural Resources and the Game, Fish and Parks Commission, including joint notice, publication, hearings, and decision-making.
Source: SL 2001, ch 191, §3; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 08A - Species Of Management Concern › Section 34A-8A-4 - Departments authorized to render assistance regarding species of management concern.

34A-8A-4. Departments authorized to render assistance regarding species of management concern.
If so requested, the departments may render assistance and advice regarding species of management concern including:
(1)Providing information to the public and property owners regarding the species of management concern and its characteristics, ecosystem values, and habitat; and
(2)Providing assistance in the development of conservation plans or control projects regarding the species of management concern.
Source:
SL 2001, ch 191, §4.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 08A - Species Of Management Concern › Section 34A-8A-5 - Acts or omissions constituting nuisances.

34A-8A-5. Acts or omissions constituting nuisances.
The following acts or omissions constitute nuisances:
(1)Engaging in practices which allow or cause a species of management concern to encroach upon the property of another or injure or endanger the property of another; or
(2)Failure to control the species of management concern thereby causing encroachment on the property of another or causing injury to or endangering the property of another.
Source:
SL 2001, ch 191, §5.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 08A - Species Of Management Concern › Section 34A-8A-6 - Remedies for nuisances.

34A-8A-6. Remedies for nuisances.
In addition to any other remedies at law, the remedies set forth in chapter 21-10 apply to the nuisances described in §34A-8A-5. These remedies include civil action, including injunctive relief and recovery of damages, and abatement. Abatement, if ordered by the court, shall include reimbursement for any reasonable and necessary costs incurred in abating the nuisance.
Source:
SL 2001, ch 191, §6.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 08A - Species Of Management Concern › Section 34A-8A-7 - Abrogation of certain previous designations.

34A-8A-7. Abrogation of certain previous designations.
Designation as a species of management concern abrogates any previous designation as a weed or pest.
Source:
SL 2001, ch 191, §7.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 08A - Species Of Management Concern › Section 34A-8A-8 - Prairie dog management plan.

34A-8A-8. Prairie dog management plan.
The Department of Game, Fish and Parks and the Department of Agriculture and Natural Resources are directed to develop a state prairie dog management plan. The plan shall formulate state management actions that will serve to prevent the prairie dog from being listed as a federal threatened or endangered species. If such plan or any agreement adopted pursuant to such plan contains provisions for incentive payments to private landowners for managing prairie dog habitat or restricts private landowner rights to use any means of controlling prairie dogs on their property, the plan or any agreement adopted pursuant to such plan shall be submitted to the South Dakota Legislature, in bill form, for approval, prior to it becoming effective.
Source: SL 2002, ch 169, §1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 08A - Species Of Management Concern › Section 34A-8A-9 - Changes or amendments to the state prairie dog management plan--Approval by Legislature.

34A-8A-9. Changes or amendments to the state prairie dog management plan--Approval by Legislature.
The Department of Agriculture and Natural Resources and the Department of Game, Fish and Parks shall submit any changes or amendments to any plan approved by the Legislature pursuant to §34A-8A-8 for legislative approval before the changes or amendments may take effect.
Source: SL 2005, ch 195, §2; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.