reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-23 - Expense reimbursement and compensation of trustees.

34A-5-23. Expense reimbursement and compensation of trustees.
Each sanitary district board of trustees shall establish amounts to reimburse board members for expenses for lodging, meals, and mileage and to provide compensation for each day of actual service for traveling to, attending, and returning from meetings, hearings, or investigations of the sanitary district board. Such reimbursement and compensation shall be paid on vouchers duly verified and approved according to the rules promulgated by the Board of Finance.
Source:
SL 1976, ch 215, §§1, 2; SDCL Supp, §34-17-19.1; SL 1979, ch 243; SL 1991, ch 292; SL 2001, ch 243, §2; SL 2011, ch 168, §1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-24 - Policies and regulations for business of board--Time of meetings--Quorum.

34A-5-24. Policies and regulations for business of board--Time of meetings--Quorum.
The board of trustees shall adopt policies and regulations for the conduct of its business and shall fix a stated time at which the regular meetings of the board shall be held. A majority of the board of trustees constitutes a quorum but a smaller number may adjourn from day to day. A concurrence of the majority is necessary to any action of the board.
Source:
SL 1947, ch 226, §16; SDC Supp 1960, §45.3816; SDCL, §34-17-20; SL 1993, ch 256, §24.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-25 - Office of sanitary district--Record of proceedings.

34A-5-25. Office of sanitary district--Record of proceedings.
The board of trustees shall establish an office within the sanitary district and shall maintain a full, complete, accurate, and itemized account of all of its proceedings, ordinances, orders, resolutions, and regulations.
Source:
SL 1947, ch 226, §16; SDC Supp 1960, §45.3816; SDCL, §34-17-21; SL 1993, ch 256, §25.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-26 - General powers of trustees.

34A-5-26. General powers of trustees.
The board of trustees shall have the following powers:
(1)To appoint a treasurer and a clerk, an engineer and attorney for such sanitary district and fix their compensation. Such officers shall hold their respective offices during the pleasure of said board, and shall give bond for the faithful performance of their duties as may be required by said board.
(2)To sue and be sued and to contract in the name of the district.
(3)To adopt a corporate seal.
(4)To construct and operate storm and sanitary sewers and sewage and solid waste disposal plants and systems.
(5)To borrow money, levy taxes and special assessments, issue bonds, and exercise the power of eminent domain in the same manner as municipalities of the first class in this state, provided, however, that the board of trustees shall not have the power of eminent domain over existing sewage, garbage, and refuse facilities.
Source:
SL 1947, ch 226, §15; SL 1953, ch 268; SDC Supp 1960, §45.3815; SL 1964, ch 144, §7; SDCL, §34-17-22; SL 1970, ch 197, §§1, 2; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-27 - Employment of personnel for district--Professional assistance.

34A-5-27. Employment of personnel for district--Professional assistance.
The board of trustees may employ and prescribe the duties and fix the compensation of all necessary officers and employees of the sanitary district, and may employ such additional engineering, legal, financial, and other professional assistance as the board deems necessary.
Source:
SL 1947, ch 226, §15; SL 1953, ch 268; SDC Supp 1960, §45.3815 (5); SL 1964, ch 144, §7; SDCL §34-17-23; SL 2011, ch 165, §91.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-28 - Trustees and employees not to be interested in district transactions.

34A-5-28. Trustees and employees not to be interested in district transactions.
No trustee or employee of a sanitary district may be directly or indirectly interested in any contract, work, or business of the district, or the sale of any article, the expense, price, or cost of which is paid by the district, nor in the purchase of any real, personal, or other property belonging to the district, or which shall be sold for taxes or assessments, or by virtue of legal process at the suit of the district.
Source:
SL 1947, ch 226, §16; SDC Supp 1960, §45.3816; SDCL §34-17-24; SL 2011, ch 165, §92.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-28.1 - Trustee permitted to contract with district under certain conditions.

34A-5-28.1. Trustee permitted to contract with district under certain conditions.
Notwithstanding any other provisions of law, a member of the board of trustees of a sanitary district may contract with the district for which the member serves, if the consideration consists of three thousand dollars or less per year and if the consideration for such supplies or services is reasonable and just.
Source:
SL 2011, ch 169, §1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-29 - Ordinances, resolutions, orders and regulations for district.

34A-5-29. Ordinances, resolutions, orders and regulations for district.
The board of trustees may pass and implement all necessary ordinances, resolutions, orders, and regulations for the proper management and conduct of the business of the sanitary district.
Source:
SL 1947, ch 226, §15; SL 1953, ch 268; SDC Supp 1960, §45.3815 (6); SL 1964, ch 144, §7; SDCL, §34-17-25; SL 1993, ch 256, §26.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-29.1 - Adoption by reference of ordinances of contracting municipality.

34A-5-29.1. Adoption by reference of ordinances of contracting municipality.
If the board of trustees of a sanitary district has entered into any contract with any municipality for the purpose of using its facilities for the treatment and disposal of sewage, the sanitary district may, by ordinance, adopt by reference, in whole or in part, the ordinances of the contracting municipality which pertain to the use and regulation of the collection, treatment, and disposal of sewage. Any subsequent changes or additions to such ordinances may thereafter, by ordinance, be adopted by reference, either in whole or in part. Upon the adoption by reference of such ordinances, the clerk of the district shall publish a notice of the fact of adoption once each week for two successive weeks in the official newspaper, setting forth therein the ordinance numbers as designated in the ordinance book of the contracting municipality.
Source:
SL 1985, ch 285.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-29.2 - Notice requirement for passage of new ordinance or resolution.

34A-5-29.2. Notice requirement for passage of new ordinance or resolution.
The board of trustees may elect to waive the requirement that a new ordinance or resolution be published by providing written notice of the passage of such ordinance or resolution to each resident within the boundaries of the sanitary district. The written notice may be accomplished by sending a copy of such ordinance or resolution by first class mail, to each resident at the resident's last known address, as shown on the books and records of the sanitary district.
Source:
SL 1996, ch 266, §4.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-30 - Operation of sewers and disposal plants--Tax levies, assessments and bonds--Eminent domain.

34A-5-30. Operation of sewers and disposal plants--Tax levies, assessments and bonds--Eminent domain.
The board of trustees may construct and operate storm and sanitary sewers and sewage disposal plants, borrow money, levy taxes and special assessments, and issue bonds. Notwithstanding the provisions of §34A-5-26, the board of trustees may borrow money for purposes described in this section and may issue a promissory note or notes for a term of up to twenty years. The board of trustees may exercise the power of eminent domain, but not over existing sewage facilities, water rights, water mains, hydrants, intakes, wells, storage tanks, reservoirs, treatment plants, or any other water facilities.
Source:
SL 1947, ch 226, §15; SL 1953, ch 268; SDC Supp 1960, §45.3815 (7); SL 1964, ch 144, §7; SL 1966, ch 146, §1; SDCL, §34-17-26; SL 1972, ch 192, §1; SL 1990, ch 285.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-31 - Proceedings governed by municipal laws--Eminent domain proceedings.

34A-5-31. Proceedings governed by municipal laws--Eminent domain proceedings.
All proceedings for the construction and operation of sewer and sewage disposal plants and solid waste disposal plants and systems and the borrowing of money, making of special assessments, and issuing of bonds shall be governed, to the extent applicable, by §9-12-1 and chapters 9-26, 9-40, 9-43, and 9-48 and in the exercise of the power of eminent domain the board of trustees may proceed as condemnation proceedings are conducted by the department of transportation under chapter 31-19 or as may otherwise be provided.
Source:
SL 1947, ch 226, §15; SL 1953, ch 268; SDC Supp 1960, §45.3815 (7); SL 1964, ch 144, §7; SL 1966, ch 146, §1; SDCL, §34-17-26; SL 1970, ch 197, §3; SDCL Supp, §34-17-26.1; SL 1972, ch 192, §2.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-32 - Abandonment of pending condemnation action--Reconveyance to original owner on court order--Return of deposit--Retrospective operation.

34A-5-32. Abandonment of pending condemnation action--Reconveyance to original owner on court order--Return of deposit--Retrospective operation.
If a sanitary district commences a condemnation action and files a declaration of taking and obtains an order of possession as provided in chapter 31-19, and later abandons the action when the property is no longer necessary for public purposes or the use of which the property was originally sought to be condemned no longer exists, the board of trustees of a sanitary district, upon order of the circuit court in which the condemnation action is pending, shall convey the property to the original owner and the original owner shall return the deposit on file with the clerk of courts. This section applies to any condemnation action abandoned by a sanitary district, organized under this chapter, prior to the effective date of this section.
Source:
SDCL §34-17-26.1 as added by SL 1975, ch 221, §§1, 2; SDCL Supp, §34-17-26.2; SL 2011, ch 165, §93.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-33 - Sale of surplus real property held by sanitary district--Conduct of sale--Employment of agents--Offer to prior owner.

34A-5-33. Sale of surplus real property held by sanitary district--Conduct of sale--Employment of agents--Offer to prior owner.
The board of trustees of a sanitary district may sell and convey real property held by a sanitary district, the title to which has been obtained from any source, and which is not required for public purposes and has been or is about to be abandoned for public purposes. The sale and conveyance shall be conducted in accordance with chapter 6-13. In order to make the sale, the board of trustees may employ real estate agents and incur other necessary expenses.
Any real property which any sanitary district sells under the terms of this section shall first be offered for sale to the prior fee holder or the prior fee holder's heirs or assigns from whom the real property was originally purchased. The prior fee holder, heirs, and assigns have the right of first refusal to purchase the real property at its appraised value.
Source:
SL 1975, ch 219; SDCL Supp, §34-17-26.3; SL 1989, ch 30, §62; SL 2011, ch 165, §94.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-34 - Contracts with municipalities for sewage treatment and disposal.

34A-5-34. Contracts with municipalities for sewage treatment and disposal.
The board of trustees may enter into contracts with any municipality for the purpose of using the facilities of the municipality for the treatment and disposal of sewage of the district or making the facilities of the district available to the municipality.
Source:
SL 1947, ch 226, §15; SL 1953, ch 268; SDC Supp 1960, §45.3815 (4); SL 1964, ch 144, §7; SDCL §34-17-27; SL 1992, ch 60, §2; SL 2011, ch 165, §95.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-35 - Requiring connections with sewers--Assessments and charges--Construction and inspection standards for private systems.

34A-5-35. Requiring connections with sewers--Assessments and charges--Construction and inspection standards for private systems.
The board of trustees may require by ordinance or resolution that all dwellings or structures within the district, or within a defined area, shall be connected with the sewers of the district. They may also require minimum sanitary facilities, immediately or within a specified period after the completion of sewers to which a connection may reasonably be made, under such regulations as are established by the resolution or ordinance. When the district finds and determines that such action is necessary for the maintenance of public health and sanitary conditions in the district it may cause any such connection to be made, and assess the cost thereof upon the land where the dwelling or structure is situated, or make an agreement with the owner or occupant to accept payment therefor in cash or in installments payable with other sewer rates and charges over such period as may be agreed. The district may impose and collect charges for the availability of sewer service to any properties so directed to be connected, whether or not such connection is made. The board of trustees shall have exclusive jurisdiction to establish by ordinance or resolution standards for construction and inspection of private sewer systems within its boundaries, in conformity with state county laws and regulations.
Source:
SDC Supp 1960, §45.3815 (9) as added by SL 1964, ch 144, §7; SDCL, §34-17-28; SL 1980, ch 248.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-36 - Rates and charges for sanitary services--Measures for protection of bondholders.

34A-5-36. Rates and charges for sanitary services--Measures for protection of bondholders.
The board of trustees may:
(1)Fix reasonable rates and charges for services furnished and made available by the district to users of its facilities;
(2)Provide for the collection of the charges;
(3)Pledge the net revenues derived from the charges to the payment of bonds made payable wholly or partly from the revenues; and
(4)Make and enforce on behalf of the district all covenants relating to:
(a)The proper operation and maintenance of the facilities;
(b)Insurance against hazards of loss and liability;
(c)The administration, expenditure and auditing of the income and revenues of the district;
(d)The expenditure of the bond proceeds; and
(e)All other matters affecting the security of the bonds, which the board of trustees determines to be necessary or desirable for the purpose of selling the bonds upon terms advantageous to the district and maintaining its credit and ability to engage in further financing when and as necessary.
Source:
SL 1953, ch 268; SDC Supp 1960, §45.3815 (8); SL 1964, ch 144, §7; SDCL §34-17-29; SL 2011, ch 165, §96.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-37 - Rates and charges to be sufficient for operation of facilities and retirement of revenue bonds.

34A-5-37. Rates and charges to be sufficient for operation of facilities and retirement of revenue bonds.
If revenue bonds are issued in accordance with the provisions of chapter 9-40, the sanitary district shall, until all such bonds and interest on the bonds are fully paid, fix such rates and charges and revise them from time to time in such manner that the collections of the charges will be adequate to:
(1)Pay all current, reasonable, and necessary expenses of the operation and maintenance of all facilities whose revenues are pledged for the payment of the bonds;
(2)Produce net revenues, in excess of such current costs of operation and maintenance, at all times sufficient to pay the principal and interest due on the bonds; and
(3)Accumulate and maintain reserves for the further security of the bonds in such amounts as are agreed in the resolutions authorizing the bonds.
Source:
SDC Supp 1960, §45.3815 (8) as added by SL 1964, ch 144, §7; SDCL §34-17-30; SL 2011, ch 165, §97.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-38 - Rates and charges for retirement of bonds in lieu of special assessment certificates--Financing of improvements.

34A-5-38. Rates and charges for retirement of bonds in lieu of special assessment certificates--Financing of improvements.
If bonds are issued in lieu of special assessment certificates in accordance with the provisions of chapter 9-43, the sanitary district board of trustees may provide that rates and charges shall be fixed and from time to time revised to produce net revenues at all times sufficient, with special assessments and interest pledged to the bond fund and actually collected and received in the bond fund, to pay all principal and interest when due on the bonds and to create and maintain such further reserves for the security of the bonds as may be agreed in the resolutions authorizing the bonds. Bonds issued and secured as authorized in this section may be designated as special assessment and revenue bonds, and may be issued to finance an improvement or a group of improvements to the facilities of the district, if any portion of the cost of the improvement is to be paid by the levy of special assessments.
Source:
SDC Supp 1960, §45.3815 (8) as added by SL 1964, ch 144, §7; SDCL §34-17-31; SL 2011, ch 165, §98.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-39 - Sanitary districts not subject to certain municipal sewer system requirements.

34A-5-39. Sanitary districts not subject to certain municipal sewer system requirements.
If a sanitary district has been established in accordance with the procedures provided in this chapter, no further proceedings are required under the provisions of §§9-48-26 to 9-48-31, inclusive, and funds derived from the district's sewer rates and charges are not subject to the limitations provided in those sections.
Source:
SDC Supp 1960, §45.3815 (8) as added by SL 1964, ch 144, §7; SDCL §34-17-32; SL 2011, ch 165, §99.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-40 - Certification of unpaid charges and tax levies--Collection with real estate taxes--Tax sales.

34A-5-40. Certification of unpaid charges and tax levies--Collection with real estate taxes--Tax sales.
The board of trustees may cause the amount of any charges, and interest and penalties on the charges, for sewer service rendered or made available to any land within the district, which are due and unpaid on the first day of October in each year to be certified by the clerk of the district to the county auditor in the manner provided in §10-12-7 together with any taxes levied by the district for corporate purposes. All amounts so certified shall be inserted by the county auditor upon the tax list of the current year and shall be payable and delinquent at the same time and shall incur penalty and interest and shall be collected by the same procedure as real estate taxes on the same property. In the event of a tax sale or the issuance of a tax deed, the provisions of §§ 9-43-112 and 9-43-113 shall apply to all amounts so certified and then delinquent, in the same manner as delinquent installments of special assessments.
Source:
SDC Supp 1960, §45.3815 (10) as added by SL 1964, ch 144, §7; SDCL §34-17-33; SL 2011, ch 165, §100; SL 2021, ch 43, § 25.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-41 - Election on acquisition and operation of water system--Board powers on approval.

34A-5-41. Election on acquisition and operation of water system--Board powers on approval.
The board of trustees of any sanitary district incorporated under this chapter may submit to the voters of the district at an annual election or a special election called and held in accordance with chapter 9-13 the question whether the district shall be authorized to acquire and operate a water system, or the application for incorporation filed in accordance with §34A-5-6 may request such authority. Upon approval of the grant of such authority by a majority of the qualified electors voting on the question, or upon entry of the order incorporating the district if the application has requested such authority, the board of trustees may:
(1)Acquire and operate water mains, hydrants, intakes, wells, storage tanks and reservoirs, treatment plants, and all other facilities used or useful for the supply and distribution of water;
(2)Acquire and operate any of such facilities; and
(3)Contract for the service of any such facilities owned by the adjacent municipality or for the use of district facilities by the municipality.
In connection with all such matters the district and its board of trustees have all powers granted in this chapter with reference to sewer facilities. In the exercise of such powers the board of trustees may purchase any existing facilities used or useful in the exercise of such powers, or may contract for the construction of any such facilities in the manner provided in chapters 5-18A and 5-18B.
Source:
SL 1966, ch 146, §3; SDCL §34-17-34; SL 1992, ch 60, §2; SL 2011, ch 2, §140; SL 2011, ch 165, §101.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-42 - Petition for annexation or exclusion of territory--Resolution of intention--Notice of hearing.

34A-5-42. Petition for annexation or exclusion of territory--Resolution of intention--Notice of hearing.
On petition in writing signed by not less than twenty percent of the legal voters residing within the district, as shown by the vote for the member of the board of trustees receiving the highest vote at large at the last preceding annual election in the district or upon its own motion, the board of trustees by proper resolution may declare its intention to annex territory lying adjacent to the district or exclude territory being upon the border of the district. The resolution shall describe the property, the intended action, and the time and place the trustees will meet to consider the adoption of the resolution. The resolution shall be published once a week for two consecutive weeks before the time set for the hearing.
Source:
SL 1967, ch 227, §1; SDCL §34-17-35; SL 2011, ch 165, §102.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-43 - Hearing and resolution to annex or exclude territory--County commissioners' approval required.

34A-5-43. Hearing and resolution to annex or exclude territory--County commissioners' approval required.
At the time of the hearing, or of any adjournment of the hearing, the trustees shall consider any objections to the proposed resolution and may adopt the resolution, with or without amendment, as it may deem proper. However, no amendment may be made affecting any property not described in the original resolution. No such resolution may be adopted unless the resolution has been approved by the board of county commissioners of the county in which the land is situated.
Source:
SL 1967, ch 227, §2; SDCL §34-17-36; SL 2011, ch 165, §103.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-44 - Appeal to circuit court from denial of annexation or exclusion of territory--Notice, hearing and order of court.

34A-5-44. Appeal to circuit court from denial of annexation or exclusion of territory--Notice, hearing and order of court.
Upon failure of the board of trustees to grant the request contained in the petition of the voters, the petitioners or any party feeling aggrieved thereby may within thirty days after the decision of the board of trustees or county commissioners, or within ninety days after the filing of the petition if no action has been taken on the petition by the board, present their petition or appeal to the circuit court for the county in which the district or the greater portion of the district is situated by filing the petition or appeal with the clerk of courts. Notice of the filing shall be served by the petitioners upon the president of the board of trustees together with a notice of the time and place, when and where a hearing will be held on the petition, at least ten days before the date of the hearing. If the court finds that the request of the petitioners ought to be granted and can be granted without injustice to the district, the court shall so order. If the court finds against the petitioners, the petition or appeal shall be dismissed at the cost of the petitioners.
Source:
SL 1967, ch 227, §3; SDCL §34-17-37; SL 2011, ch 165, §104.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-45 - Recording of map and resolution after annexation or exclusion of territory.

34A-5-45. Recording of map and resolution after annexation or exclusion of territory.
If the limits of any district are changed by resolution or by decree of court, the president of the board of trustees shall cause an accurate map of the territory, together with a copy of the resolution or decree, duly certified, to be recorded in the office of the register of deeds of the county or counties in which the territory is situated and thereupon the territory becomes a part of the district or is excluded from the district, as the case may be.
Source:
SL 1967, ch 227, §4; SDCL §34-17-38; SL 2011, ch 165, §105.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-46 - Formation of consolidated district authorized--Resolutions of governing bodies proposing formation.

34A-5-46. Formation of consolidated district authorized--Resolutions of governing bodies proposing formation.
A municipality and a sanitary district, or any group of two or more such public corporations may form a consolidated sanitary district, comprising their combined area in a manner set forth in this section and §§34A-5-47 to 34A-5-51, inclusive. The governing body of each of the corporations shall by resolution propose the formation of the consolidated sanitary district, specifying the municipalities and sanitary districts proposed to be included within its boundaries, and whether the district shall be authorized to acquire and operate sewer facilities or both water and sewer facilities.
Source:
SL 1964, ch 144, §8; SL 1966, ch 146, §2; SL 1967, ch 226; SDCL, §34-17-39; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-47 - Election on formation of consolidated district--Form of ballot.

34A-5-47. Election on formation of consolidated district--Form of ballot.
The governing body of each of the corporations described in §34A-5-46 shall by resolution submit the question of consolidation to the voters of such corporation at a special election called for the purpose or at the next regular election. The proposition shall be submitted to the voters of each corporation on a separate ballot and shall be so stated as to enable each voter to vote for or against the proposed consolidation by making a cross x or check mark () in the square or circle preceding the phrase "For the formation of a consolidated sanitary district comprising the (naming the corporations to be included) with power to construct or acquire and operate sewer facilities (or, water and sewer facilities)."
Source:
SL 1964, ch 144, §8; SL 1966, ch 146, §2; SL 1967, ch 226; SDCL, §34-17-40.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-48 - Resolutions after approval of consolidated district by voters--Filing of proceedings.

34A-5-48. Resolutions after approval of consolidated district by voters--Filing of proceedings.
If the voters of each corporation approve the formation of the consolidated sanitary district by a majority of their votes cast on the consolidation question, the governing body of each corporation shall so declare by resolution. Each governing body shall cause a certified copy of all proceedings taken for the consolidation to be filed with its auditor or clerk, with the secretary of state, and in the office of the register of deeds of the county, who shall record the copy. When the certified copies are filed, the consolidation is effective and complete, and the consolidated sanitary district has all of the powers conferred upon a sanitary district by this chapter, for the purpose of the construction or acquisition and operation of sewer facilities or both water and sewer facilities, as authorized by the voters.
Source:
SL 1964, ch 144, §8; SL 1966, ch 146, §2; SL 1967, ch 226; SDCL §34-17-41; SL 2011, ch 165, §106.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-49 - Property not acquired nor debts assumed by incorporation of consolidated district.

34A-5-49. Property not acquired nor debts assumed by incorporation of consolidated district.
The consolidated sanitary district may not, however, by virtue of its incorporation, acquire any of the property or assume any of the debts, obligations, or liabilities of any municipality or sanitary district included within its boundaries.
Source:
SL 1964, ch 144, §8; SL 1966, ch 146, §2; SL 1967, ch 226; SDCL §34-17-42; SL 1992, ch 60, §2; SL 2011, ch 165, §107.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-50 - Board of trustees for consolidated district.

34A-5-50. Board of trustees for consolidated district.
Forthwith upon the creation of a consolidated sanitary district, a board of trustees shall be elected and govern the consolidated sanitary district in the same manner as provided with reference to other sanitary districts by §§34A-5-16 to 34A-5-40, inclusive.
Source:
SL 1964, ch 144, §8; SL 1966, ch 146, §2; SL 1967, ch 226; SDCL, §34-17-43.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-51 - Contracts of consolidated district for purchase or use of sanitary facilities.

34A-5-51. Contracts of consolidated district for purchase or use of sanitary facilities.
A consolidated sanitary district may contract with any municipality or sanitary district, within or outside its corporate limits, for the purchase of facilities of the type which it is authorized to construct or acquire and operate, or may contract for the use of such facilities, and for the use of consolidated sanitary district facilities by another municipality or sanitary district, upon such terms as may be agreed.
Source:
SL 1964, ch 144, §8; SL 1966, ch 146, §2; SL 1967, ch 226; SDCL, §34-17-44; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-52 - Validation of prior proceedings of sanitary districts--Deadline for enforcing rights.

34A-5-52. Validation of prior proceedings of sanitary districts--Deadline for enforcing rights.
All sanitary sewer districts, established pursuant to chapter 34A-5, and having a de facto existence of one year or more by December 31, 1979, are declared to be valid and legally created subdivisions of the state. The validity and regularity of the creation of these sanitary districts may not be open to question in any court in this state, and all acts and proceedings of any such sanitary district or the board of trustees, or both, including those proceedings leading up to the authorization and execution of contracts between any such sanitary district and the United States of America as of December 31, 1979, are hereby legalized, ratified, confirmed, and declared valid to all intents and purposes. All completed or existing contracts, including outstanding bonds as of December 31, 1979, are hereby legalized and declared to be valid obligations of and against the sanitary district executing or causing the execution and issuance of them.
If any person has any vested right or rights affected by this section, and action or proceeding to enforce such right or rights is not commenced prior to January 1, 1981, such right or rights shall be forever barred, and no action or proceeding so brought may have any force or effect, or may be maintained in any court of this state.
Source:
SL 1964, ch 144, §10; SDCL, §34-17-45; SL 1980, ch 249.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-53 - Dissolution of district on voters' petition.

34A-5-53. Dissolution of district on voters' petition.
A majority of the qualified voters of an incorporated sanitary district may petition a court of competent jurisdiction for the dissolution of the sanitary district. Dissolution proceedings shall, when not in conflict with this chapter, conform to the provisions for dissolution of municipalities pursuant to chapter 9-6.
Source:
SL 1973, ch 223, §1; SDCL Supp, §34-17-47.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-54 - Dissolution of district by directors' resolution on annexation to municipality--Notice and hearing--Appeal.

34A-5-54. Dissolution of district by directors' resolution on annexation to municipality--Notice and hearing--Appeal.
Notwithstanding the provisions of §34A-5-53, the board of trustees of an incorporated sanitary district, the entire boundaries of which have been annexed to a municipality, may by unanimously adopting a proper resolution, provide for the dissolution of the sanitary district and the disposition of all unencumbered assets and assets which may thereinafter accrue. Prior to adopting such resolution, the board shall give notice and conduct hearings as it deems necessary. Any party feeling aggrieved by the decision of the board may appeal pursuant to the provisions of §34A-5-44.
Source:
SL 1973, ch 223, §2; SDCL Supp, §34-17-48.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-54.1 - Assumption of bonded indebtedness of district by municipality--Election.

34A-5-54.1. Assumption of bonded indebtedness of district by municipality--Election.
The outstanding bonded indebtedness of any sanitary district that dissolves itself may be assumed by a municipality that assumes the assets of such sanitary district. Before a municipality may assume such bonded indebtedness, the governing body of the municipality shall by resolution or ordinance declare the necessity thereof and shall hold an election pursuant to §§6-8B-4 and 6-8B-5. The notice of the election and the form of the ballot shall inform the voters of such municipality that the purpose of the election is to assume the bonded indebtedness of such sanitary district. The approval of the assumption of such debt shall require a favorable vote of a majority of the voters of the public body voting on the question. Before any election may be held on such assumption, the holder of such bonds shall, in writing, approve the question.
Source:
SL 1986, ch 293, §1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 05 - Sanitary Districts › Section 34A-5-56 - Certified copy of budget to county auditors and secretary of revenue.

34A-5-56. Certified copy of budget to county auditors and secretary of revenue.
Immediately after completion of a budget and adoption of special assessments by a sanitary district board of trustees, but not later than the first of September, the secretary of the district shall send one certified copy of such budget to the county auditors of the affected counties and to the state secretary of revenue.
Source:
SL 1992, ch 73, §5.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.1 - Legislative findings.

34A-6-1.1. Legislative findings.
The Legislature finds that other states have imposed stringent standards for the proper collection and disposal of solid waste and that without such standards and enforcement of them, South Dakota could be burdened with the importation and disposal in the state of large amounts of solid waste from other states by persons and firms who may not have the capability to properly dispose of the waste or who wish to avoid the costs and requirements for proper, effective and safe disposal of such waste in the state of origin.
The Legislature finds that the disposal of large quantities of solid waste in this state will, in fact, impose additional burdens on the citizens of this state. Experience has shown that under the system of laws currently governing waste disposal in this country, this liability can be significant. For these and other reasons, the Legislature finds that it is reasonable and necessary to require that any person intending to dispose of waste in this state comply with the provisions of §§34A-6-1.2 to 34A-6-1.38, inclusive.
The Legislature further finds that to ensure a minimum safe level of solid waste regulation nationally, the United States Environmental Protection Agency is promulgating a comprehensive set of rules to govern the disposal of solid waste and that South Dakota must be prepared to comply with those rules.
Source:
SL 1989, ch 306, §2.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.2 - Solid waste management policy established.

34A-6-1.2. Solid waste management policy established.
The protection of the health, safety, and welfare of the citizens of this state and the protection of the environment require the safe and sanitary disposal of solid waste. An effective and efficient solid waste disposal program protects the environment and the public, and provides the most practical and beneficial use of the material and energy values of solid waste. While recognizing the continuing necessity for the existence of landfills, alternative methods of managing solid waste and the reduction in the reliance upon land disposal of solid waste are encouraged. To promote these goals, the following solid waste management hierarchy, in descending order of preference, is established as the solid waste management policy of the state:
(1)Volume reduction at the source.
(2)Recycling and reuse.
(3)Use for energy production, if appropriate.
(4)Disposal in landfills or combustion for volume reduction.
In the implementation of this solid waste management policy, the state shall establish and maintain a cooperative state and local program of project planning, and technical and financial assistance to encourage comprehensive solid waste management.
Source:
SL 1989, ch 306, §3.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.4 - Unauthorized construction or operation of site or facility prohibited--Unauthorized dumping, disposal in water, burning prohibited--Exception--Penalties for violation.

34A-6-1.4. Unauthorized construction or operation of site or facility prohibited--Unauthorized dumping, disposal in water, burning prohibited--Exception--Penalties for violation.
No person may construct, alter, or operate a solid waste disposal site or facility without a permit or in violation of §§34A-6-1.1 to 34A-6-1.38, inclusive, the rules or the terms and conditions of the facility permit. Nor may any person dump, abandon, or dispose of any solid waste that will not be regularly collected and deposited or directly disposed of at a permitted solid waste facility or other site approved by the board.
No person may dispose of, or place, solid waste in the waters of this state except to the extent that such disposal or placement is authorized by chapter 34A-2 and the water pollution control laws of the United States. No person may burn solid waste except as provided by §34A-6-1.6 and except in a manner and under conditions approved by the department or board pursuant to chapter 34A-1.
No provision of §§34A-6-1.1 to 34A-6-1.38, inclusive, may be construed so as to prohibit a farmer or rancher from disposing of solid waste from normal farming operations or ordinary domestic activities upon his own land provided such disposal does not create a nuisance or a hazard to public health, does not violate a local ordinance, will not unlawfully pollute ground or surface waters or does not violate chapter 34A-1 or 34A-2 or the water or air pollution control laws of the United States.
A violation of this section is a Class 2 misdemeanor. The violator is also subject to a civil action by the State of South Dakota in circuit court for the recovery of a civil penalty of not more than ten thousand dollars per day per violation, for damages to compensate the state for impairment of the environment of this state, or both. An action for the recovery of a civil penalty or compensatory damages shall, upon demand, be tried by a jury.
Source:
SL 1989, ch 306, §5; SL 1992, ch 158, §39.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.6 - Promulgation of rules--Factors for consideration--Scope--Open burning.

34A-6-1.6. Promulgation of rules--Factors for consideration--Scope--Open burning.
The board shall promulgate rules pursuant to chapter 1-26 setting forth the requirements for the issuance, renewal, reissuance, revocation, or suspension of solid waste management system, solid waste facility, and resource recovery permits. In promulgating these rules the board shall consider and may establish requirements based on the protection of the public health, the quantity of solid waste to be handled, the environmental effects of solid waste facilities, the nature, origin, or characteristics of the solid waste, the potential for contamination of groundwater and surface water, requirements and standards for corrective actions, requirements for public roadway standards, and design for access to the facilities with approval by the secretary of the Department of Transportation, public sentiment, the financial capability of the applicant, the effects of a facility on vicinity property values, population density, climate, soils, geology, wetlands, and other health, environmental, economic, or aesthetic considerations.
The rules shall establish standards for the collection, possession, storage, transportation, processing, resource recovery, recycling, or disposal of solid waste including medical waste and infectious waste. The rules shall include the location, construction, operation, compliance deadlines, maintenance, closure, postclosure, groundwater monitoring, leachate control and treatment, methane monitoring and control, and financial assurance standards and requirements for solid waste facilities as necessary to implement the purpose and intent of §34A-6-1.2. Based upon these considerations, the board may declare by rule, or find in a specific case, that a specified geographical area of the state possesses special or unique characteristics subject to specific requirements, and the board may prohibit the installation or establishment of specific types or sizes of solid waste facilities in these specified geographical areas of the state based on these findings.
Open burning is allowable, unless prohibited by federal law, subject to chapter 34A-1, by municipalities of five thousand or less or by counties for persons living within the county but outside the boundaries of municipalities, if the municipality or county facility does not receive solid waste from more than fifty miles outside its boundaries.
Source:
SL 1989, ch 306, §7; SL 1992, ch 254, §50S; SL 1992, ch 259, §11.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.7 - Groundwater monitoring system required--Exception.

34A-6-1.7. Groundwater monitoring system required--Exception.
The board shall require that, unless it is demonstrated in a specific case that groundwater degradation will not occur, the holder of the permit for each landfill permitted pursuant to §34A-6-1.13, shall install and maintain a groundwater monitoring system to adequately determine the quality of the groundwater and the effects of the landfill upon it, if any. The rules and decisions of the board and the department shall operate in conjunction with the groundwater rules promulgated by the Board of Water Management pursuant to chapter 34A-2 and shall protect groundwater from degradation by solid waste to the greatest extent practicable.
Source:
SL 1989, ch 306, §8.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.8 - Areas addressed in application--Exception.

34A-6-1.8. Areas addressed in application--Exception.
Each of the following specific areas shall be addressed in detail in the application unless the secretary in accordance with rules promulgated pursuant to §34A-6-1.6 determines that it is inappropriate for the specific type of facility:
(1)An operations plan which details the specific disposal or resource recovery method to be used including the daily and weekly disposal and cover routine, litter control, source controls and monitoring, occupational safety, dust control, weigh-in, and fee collection method where applicable, and quality control;
(2)A closure and post-closure plan detailing the schedule for and the methods by which the operator will meet the conditions for proper closure and post-closure adopted by rule by the board. The plan shall include the proposed frequency and types of actions to be implemented prior to and following the closure of an operation, the proposed post-closure actions to be taken to return the area to a condition suitable for other uses, and an estimate of the costs of closure and post-closure and the proposed method of meeting these costs. The post-closure plan shall cover the thirty-year time period following closure of the facility;
(3)A plan for the control and treatment of leachate and methane;
(4)A financial plan detailing the actual cost of all phases and components of the comprehensive plan and the solid waste facility and the funding sources for the project. In addition to the submittal of the financial plan filed pursuant to this division, the operator of an existing landfill shall submit an annual financial statement to the department; and
(5)An emergency response and remedial action plan including provisions to minimize the possibility of fire, explosion, or any release to air, land, or water of pollutants that could threaten human health and the environment, and the identification of possible occurrences that may endanger human health and environment.
Source:
SL 1989, ch 306, §10; SL 1993, ch 256, §27.