reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.9 - Perpetual responsibility for solid waste and liability for pollution.

34A-6-1.9. Perpetual responsibility for solid waste and liability for pollution.
Any nation, state, first or second class municipality, county, or political subdivision which has solid waste generated within its boundaries disposed of in this state shall be responsible in perpetuity for the solid waste and liable in perpetuity for any pollution or other deleterious effect caused by it.
Source:
SL 1989, ch 306, §11; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.10 - Responsibility and liability of owner or operator.

34A-6-1.10. Responsibility and liability of owner or operator.
The owner or operator of a solid waste disposal facility that is regulated under §§34A-6-1.1 to 34A-6-1.38, inclusive, is responsible in perpetuity for the solid waste and liable in perpetuity for any pollution or other detrimental effect caused by the solid waste. No person may dispose of solid waste other than mine wastes in this state until the owner or operator of the solid waste disposal facility executes an agreement with the board acknowledging such perpetual responsibility and liability for the solid waste.
Source:
SL 1989, ch 306, §11A.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.11 - Financial assurance instrument--Condition for permit.

34A-6-1.11. Financial assurance instrument--Condition for permit.
The board may require as a condition of any permit a financial assurance instrument in a form and an amount prescribed by rules promulgated pursuant to §34A-6-1.6 or by the specific permit terms and conditions, sufficient to assure performance of the obligations imposed by this chapter and the other environmental laws of this state. The amount and form of the financial assurance instrument shall be specified in the permit.
The financial assurance instrument shall meet all requirements adopted by rule by the board, shall be in the name of and constitute an asset of the state, may not constitute an asset of the owner prior to release by the board, and may not be cancelled, revoked, disbursed, released, allowed to terminate, or subject to process of any kind by creditors except to the extent that the board has released the owner from operational performance, closure, post-closure, or monitoring responsibilities.
Source:
SL 1989, ch 306, §12; SL 1993, ch 256, §28.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.12 - Maintenance of closure and post-closure accounts--Requirements.

34A-6-1.12. Maintenance of closure and post-closure accounts--Requirements.
In addition to financial assurance instruments for environmental protection, the board may require the owner to maintain closure and post-closure accounts. The board shall adopt by rule the amounts to be contributed to the accounts. The accounts established shall be specific to the facility.
(1)Money in the accounts may not be assigned or otherwise encumbered for the benefit of creditors with the exception of the state.
(2)Money in an account may not be used to pay any final judgment against a permittee arising out of the ownership or operation of the site during its active life or after closure.
(3)Conditions under which the department may gain access to the accounts and circumstances under which the accounts may be released to the operator after closure and post-closure responsibilities have been met shall be established by the board.
(4)Money in the accounts shall be exempt from execution by creditors except fines, penalties, or damages due the state.
(5)The annual financial statement submitted to the department shall include the current amounts established in each of the accounts and the projected amounts to be deposited in the accounts in the following year.
Source:
SL 1989, ch 306, §13.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.13 - Notice and opportunity for hearing--Issuance of permit--Contested cases--Grounds for denial.

34A-6-1.13. Notice and opportunity for hearing--Issuance of permit--Contested cases--Grounds for denial.
The board or the secretary, after public notice and opportunity for public hearing, may issue a permit with reasonable terms and conditions for installation, establishment, modification, operation, or abandonment of a solid waste facility. After publication of the secretary's recommendation on a permit application as provided for under §34A-6-1.14, if no petition for contested case is timely filed, the recommendation of the secretary becomes the final determination on the application. If an uncontested recommendation is for approval or conditional approval of the application, the permit shall be issued by the secretary consistent with the secretary's recommendation. The board may issue a permit in a contested case on the basis of information in the application itself or on the basis of evidence received at a hearing, if any, on the matter only if the board finds that the facility will meet the requirements of §§34A-6-1.1 to 34A-6-1.38, inclusive, and is in the public interest.
The board may deny any permit in a contested case if it finds that the applicant, or any officer, director, or manager of the applicant, or shareholder owning twenty percent or more of its capital stock, beneficial or otherwise, or other person conducting or managing the affairs of the applicant or of the proposed permitted premises in whole or part:
(1)Has misrepresented a material fact in applying to the board for a permit;
(2)Has been convicted of a felony or other crime involving moral turpitude;
(3)Has violated the environmental laws of any state or the United States;
(4)Has had any permit revoked under the environmental laws of any state or the United States; or
(5)Has otherwise demonstrated through previous actions the lack of character or competency to reliably carry out the obligations imposed by §§34A-6-1.1 to 34A-6-1.38, inclusive.
For the purpose of this section, the conduct and reputation of any owner or proposed manager or operator may be imputed to the applicant.
Source:
SL 1989, ch 306, §14; SL 1991, ch 288, §6; SL 2011, ch 165, §111.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.14 - Promulgation of rules specifying procedure for permit issuance, amendment, suspension, revocation, and reinstatement--Recommendation of secretary--Notice and hearing.

34A-6-1.14. Promulgation of rules specifying procedure for permit issuance, amendment, suspension, revocation, and reinstatement--Recommendation of secretary--Notice and hearing.
The board shall promulgate rules pursuant to chapter 1-26 to specify the procedure for permit issuance, amendment, suspension, revocation, and reinstatement. The rules shall address application form and contents; application completeness review; departmental investigation and evaluation of applications; the form, content, and method and timing of publication or other service of the notice of application and departmental recommendation; intervention by interested parties; scheduling and conduct of hearings; prehearing discovery; continuances; and other matters as necessary to effectuate the permitting process. The secretary may recommend approval, denial, or approval with such terms, conditions, or modifications as the secretary deems necessary to comply with §§34A-6-1.1 to 34A-6-1.38, inclusive, and to protect the public interest. A notice of application and the recommendation of the secretary shall be published in at least one official newspaper of the county in which the facility is located. A hearing may be held only if a petition requesting a hearing is filed by the secretary, any member of the board, the applicant, or an interested person within thirty days after the publication of the notice and recommendation. If a petition for hearing is not timely filed, the recommendation of the secretary becomes the final decision on the application. If an uncontested recommendation is for approval or conditional approval of the application, the permit shall be issued by the secretary consistent with the secretary's recommendation.
Source:
SL 1989, ch 306, §15; SL 1991, ch 288, §7; SL 2011, ch 165, §112.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.15 - Amendment of permit--Procedure--Grounds.

34A-6-1.15. Amendment of permit--Procedure--Grounds.
The procedure to amend a permit may be initiated by an application filed by the owner of the facility or by a petition filed by the department or a member of the board specifying the requested modification and the reasons for it. A request for amendment shall be granted if it is demonstrated that the change is necessary to meet the requirements established by §§34A-6-1.1 to 34A-6-1.38, inclusive, and is in the public interest or, in the case of a request by the permit holder, that the change will meet the requirements of §§34A-6-1.1 to 34A-6-1.38, inclusive, and is in the public interest.
Source:
SL 1989, ch 306, §16.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.16 - Initial validity period of permits--Renewal--Assessment of fees.

34A-6-1.16. Initial validity period of permits--Renewal--Assessment of fees.
Permits granted by the board under this chapter shall be initially valid for up to two years from the date of issuance and may be renewed for periods of up to five years.
The department shall assess for the processing of all permits, amendments and renewals an application fee. The fee shall be assessed as follows:
(1)Facilities receiving wastes of more than 150,000 tons per annum: ................................................................. $ 5,000
(2)Facilities receiving between 5,000 tons and 150,000 tons per annum: .................................................................... $ 500
(3)Facilities receiving between 500 tons and 4,999 tons per annum: .................................................................. $ 250
Source:
SL 1989, ch 306, §17; SL 1993, ch 257, §6.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.17 - Additional fee imposed upon disposal of certain solid waste.

34A-6-1.17. Additional fee imposed upon disposal of certain solid waste.
Because of the additional environmental risks attending large-scale solid waste disposal facilities, a solid waste disposal fee of three dollars per ton or part thereof is hereby levied and imposed upon the disposal of solid waste, other than mine wastes, at any solid waste disposal facility in this state, permitted for more than two hundred fifty thousand tons of solid waste per annum. The fee imposed by this section is in addition to all other fees and taxes levied by law and must be added to and constitute part of any other fee charged by the operator or owner of the solid waste disposal facility. Neither this fee nor any fees authorized by §34A-6-1.38 may be imposed upon the disposal of waste by the state. In the case of any solid waste disposal facility that receives solid waste only from entities that have implemented a solid waste source reduction and recycling program, the fees provided for in this section are required if the facility receives more than two hundred fifty thousand tons of solid waste per year. Solid waste disposal facilities owned or operated by political subdivisions are exempt from this section.
The owner of the solid waste disposal facility shall pay the disposal fee. The obligation of the owner to pay the fee accrues at the time solid waste is disposed of at a solid waste facility. The fee imposed by this section is due and payable on or before the fifteenth day of the month next succeeding the month in which the fee accrued, together with a return on such form or forms as may be prescribed by the secretary of revenue. Each owner of a facility who is required to pay the fee imposed by this section shall keep complete and accurate records in such form as the board or the secretary of revenue, by rule promulgated pursuant to chapter 1-26, may require.
Fees collected under this section must be deposited in the South Dakota environment and water resources trust fund established pursuant to §46A-1-82.
Source: SL 1989, ch 306, §18; SL 1992, ch 256; SL 2022, ch 138, §1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.18 - Sections not applicable.

34A-6-1.18. Sections not applicable.
Sections 34A-6-1.7, 34A-6-1.9, and 34A-6-1.17 do not apply to existing facilities or to any new facility which handles less than twenty-five thousand tons per annum, unless required by federal law or regulation or unless the department can affirmatively demonstrate in a specific case that groundwater contamination is actually occurring.
Source:
SL 1989, ch 306, §18A; SL 1994, ch 282.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.19 - Requirements relating to board's inability to inspect out-of-state solid waste at point of origin--Maintenance and filing of certain records.

34A-6-1.19. Requirements relating to board's inability to inspect out-of-state solid waste at point of origin--Maintenance and filing of certain records.
Because of the inability of the department to inspect out-of-state solid waste at the point of origin, the board may require: (1) that any person disposing of solid waste originating from outside this state file with the operator of the solid waste facility records concerning the type, amount, and origin of solid waste disposed of by him; and (2) that any owner of solid waste facilities receiving waste from outside this state maintain records and file them with the department concerning the type, amount, and origin of solid waste accepted by him.
Source:
SL 1989, ch 306, §19.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.20 - Periodic inspections--On-site investigations.

34A-6-1.20. Periodic inspections--On-site investigations.
The secretary shall make periodic inspections at every permitted solid waste facility to effectively implement and enforce the requirements of §§34A-6-1.1 to 34A-6-1.38, inclusive, and may, in coordination with the secretary of the Department of Transportation, conduct at weigh stations or any other adequate site or facility inspections of solid waste in transit.
In addition, the secretary may at reasonable times, enter onto any solid waste facility, open dump or property where solid waste is present for the purpose of investigating any potential violation of §§34A-6-1.1 to 34A-6-1.38, inclusive.
In conducting these investigations the department may take samples of the waste, soils, air, or water or may, upon issuance of an order, require any person to take and analyze samples of such waste, soil, air, or water. The secretary may also perform or require a person, by order, to perform any and all acts necessary to carry out the provisions of §§34A-6-1.1 to 34A-6-1.38, inclusive.
Source:
SL 1989, ch 306, §20.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.21 - Suspension or revocation of permit--Grounds--Notice and hearing.

34A-6-1.21. Suspension or revocation of permit--Grounds--Notice and hearing.
A permit may be suspended or revoked if its terms or conditions or the provisions of §§34A-6-1.1 to 34A-6-1.38, inclusive, are violated. The secretary may initiate the process to suspend or revoke by serving a notice and order of suspension or revocation on the permit holder. The notice shall be published in one official newspaper of the county in which the facility is located. If the permit holder or interested party wishes to contest the order, a request for hearing shall be filed with the department within twenty days. A hearing on the matter shall be held as soon thereafter as practicable. Notice of hearing shall be served on the permit holder and any interested person who has filed a petition for intervention in the matter within the twenty-day period.
Source:
SL 1989, ch 306, §21.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.22 - Notice of violation--Contents.

34A-6-1.22. Notice of violation--Contents.
If the secretary has reason to believe that a violation of §§34A-6-1.1 to 34A-6-1.38, inclusive, has occurred, the secretary shall cause written notice to be served personally or by mail upon the alleged violator or the alleged violator's agent. The notice shall state the provision alleged to be violated, the facts alleged to constitute a violation, the nature of any corrective action proposed to be required, and the time within which such action is to be taken. For the purpose of §§34A-6-1.1 to 34A-6-1.38, inclusive, service by mail is deemed complete on the date of mailing.
Source:
SL 1989, ch 306, §22; SL 2011, ch 165, §113.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.23 - Secretary may require appearance for public hearing--Alternative procedures.

34A-6-1.23. Secretary may require appearance for public hearing--Alternative procedures.
In a notice given under §34A-6-1.22, the secretary may also require the alleged violator to appear for a public hearing to be conducted before the board, and to answer the charges made against the alleged violator. If the secretary does not require an alleged violator to appear for a public hearing pursuant to this section, the alleged violator, a member of the board, or an interested person may request the board to conduct such a hearing. Such request shall be in writing and shall be filed with the board no later than ten days after service of a notice under §34A-6-1.22. If such a request is filed, a hearing shall be held as soon as practicable. In such event, notice of hearing shall be provided which meets the requirements of §1-26-17, and notice shall also be given in a manner which will reasonably inform the public.
Source:
SL 1989, ch 306, §23; SL 2011, ch 165, §114.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.24 - Decision by board--Scope and content of order.

34A-6-1.24. Decision by board--Scope and content of order.
After a hearing, or on the failure of an alleged violator to make a timely request for a hearing, the board may issue an appropriate decision in compliance with §1-26-25 and an order to prevent, abate, restrain, or control acts in violation of §§34A-6-1.1 to 34A-6-1.38, inclusive, or to protect the public interest. The order shall state the date or dates by which any violation shall cease and may prescribe timetables for obtaining compliance and for necessary action in preventing, abating, or controlling the pollution.
Source:
SL 1989, ch 306, §24.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.25 - Effect of appeal upon order.

34A-6-1.25. Effect of appeal upon order.
Notwithstanding the provisions of §1-26-32, an appeal may not stay the effectiveness of any order of the board, unless the court finds that there is probable cause to believe that refusal to grant a stay will cause more serious harm to the affected party than granting it will cause to the environment, the public health, or the public interest.
Source:
SL 1989, ch 306, §25.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.26 - Issuance of emergency order--Purpose--Noncompliance.

34A-6-1.26. Issuance of emergency order--Purpose--Noncompliance.
The secretary may issue an emergency order compelling any person who is committing an act or failing to take action, or threatening either, which violates §§34A-6-1.1 to 34A-6-1.38, inclusive, and which will cause substantial pollution, the harmful effects of which cannot be remedied immediately after the commission or cessation of the act to stop, avoid, moderate, or perform the act so that it is in compliance with §§34A-6-1.1 to 34A-6-1.38, inclusive, or so that the substantial injury will not occur. The order is effective immediately upon receipt by the person to whom it is directed, unless the secretary provides otherwise. If the order is not complied with in a timely manner, the secretary may take such action as is necessary to contain and recover pollutants to limit or prevent pollution or injury to public health or welfare.
Source:
SL 1989, ch 306, §26.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.27 - Hearing upon emergency order--Time and place--Procedure.

34A-6-1.27. Hearing upon emergency order--Time and place--Procedure.
Upon issuing an order pursuant to §34A-6-1.26, the secretary shall fix a place and time for a hearing before the board, not later than five days after the order is issued, unless the person to whom the order is directed requests a later time. The secretary may deny a request for a later time if the secretary finds that the person to whom the order is directed is not complying with the order. The hearing shall be conducted by the board in compliance with chapter 1-26 and rules promulgated by the board pursuant to chapter 1-26.
Source:
SL 1989, ch 306, §27; SL 1993, ch 256, §29; SL 2011, ch 165, §115.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.28 - Suit by secretary on behalf of state.

34A-6-1.28. Suit by secretary on behalf of state.
In the alternative or at any point where the secretary determines that the emergency administrative order is not achieving the necessary action and the legal process should be invoked, and upon receipt of evidence that a solid waste or combination of sources is presenting an imminent and substantial endangerment to the health of persons or to the welfare of persons where such endangerment to welfare is to the livelihood of such persons, or that a person is violating or threatening to violate any of the provisions of §§34A-6-1.1 to 34A-6-1.38, inclusive, the secretary may bring suit on behalf of the state in the circuit court in which the violation is taking place to immediately restrain, or order action by, any person violating or threatening to violate §§34A-6-1.1 to 34A-6-1.38, inclusive, or causing or contributing to alleged pollution as a result of solid waste facility operations, or to take such other action as may be necessary.
Source:
SL 1989, ch 306, §28.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.29 - Department may seek to enjoin threatened or actual violation--Bond unnecessary--Temporary relief available.

34A-6-1.29. Department may seek to enjoin threatened or actual violation--Bond unnecessary--Temporary relief available.
The department may bring an action without furnishing of bond, for an injunction against the continuation of any threatened or actual violation, or against any person who fails to comply with an emergency order issued by the secretary by virtue of §34A-6-1.26, or any final order of the secretary or board. The court to which the department applies for an injunction may issue a temporary injunction, if it finds that there is reasonable cause to believe that the allegations of the department are true, and it may issue a temporary restraining order pending action on the temporary injunction.
Source:
SL 1989, ch 306, §29.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.31 - Operation of facility without or in violation of permit--Penalties--Civil penalty.

34A-6-1.31. Operation of facility without or in violation of permit--Penalties--Civil penalty.
Any person who knowingly and intentionally operates a solid waste facility without a permit is guilty of a Class 5 felony. Any person who knowingly and intentionally violates a permit term or condition or who intentionally makes any false statement or representation in any application, record, report, permit, or other document filed, maintained, or used for ensuring compliance with §§34A-6-1.1 to 34A-6-1.38, inclusive, is guilty of a Class 1 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, §31; SL 1992, ch 158, §41; SL 1992, ch 254, §50P.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.33 - Exhaustion of administrative remedies not required.

34A-6-1.33. Exhaustion of administrative remedies not required.
The department need not exhaust its administrative remedies, if any exist, before commencing any action to enforce the provisions of §§34A-6-1.1 to 34A-6-1.38, inclusive.
Source:
SL 1989, ch 306, §33.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.34 - Enforcement of rules by board through permit procedures--Department as designated agency for purposes of federal laws.

34A-6-1.34. Enforcement of rules by board through permit procedures--Department as designated agency for purposes of federal laws.
The board may enforce through its permit procedures those rules promulgated by the secretary pursuant to chapter 34-21 that pertain to the land disposal of radioactive substances. The department is designated the agency for all state purposes of the Federal Solid Waste Disposal Act (Public Law 89-272) as amended to January 1, 2011, and the Hazardous and Solid Waste Amendments of 1984 (Public Law 98-616) as amended to January 1, 2011.
Source:
SL 1989, ch 306, §34; SL 2011, ch 165, §116.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.35 - Functions of department--Delegation of duties and authority--Power to accept and administer grants and loans.

34A-6-1.35. Functions of department--Delegation of duties and authority--Power to accept and administer grants and loans.
The department shall perform all the functions with respect to the control of solid waste disposal as provided for by §§34A-6-1.1 to 34A-6-1.38, inclusive, except that the Board of Minerals and Environment shall perform any quasi-legislative, quasi-judicial, advisory, and special budgetary functions as defined in §1-32-1. The secretary may delegate to officers and employees of the department such functions, duties, and authority as are reasonable and proper in carrying out the provisions of §§34A-6-1.1 to 34A-6-1.38, inclusive.
The department may advise, consult, and cooperate with other agencies and instrumentalities of the state, other states, and the federal government and with affected groups and industries in the formulation of plans and the implementation of solid waste disposal programs.
In addition to any other powers conferred on it by law, the department may accept and administer such loans and grants from the federal government and from other sources as may be available to the department for the planning, construction, and operation of solid waste disposal sites and facilities.
Source:
SL 1989, ch 306, §35.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.38 - County or municipal imposition and levy of disposal fee--Payment and collection--Distribution of shares.

34A-6-1.38. County or municipal imposition and levy of disposal fee--Payment and collection--Distribution of shares.
In addition to the solid waste disposal fee assessed by the state under §34A-6-1.17 and by a political subdivision under §34A-6-29, a county or municipality may impose and levy a solid waste disposal fee upon the disposal of solid waste at a solid waste facility within, or operated under, its jurisdiction. Fees imposed under this section are in addition to all other fees and taxes levied by law.
The fee imposed in this section shall be paid by the owner of the solid waste disposal facility and remitted to the county or municipal treasurer. The obligation to pay the fee accrues at the time the solid waste is disposed of at the solid waste facility. The owner of the facility may collect these fees from persons disposing of solid waste at the facility. The fee imposed by this section is due and payable by the owner on or before the fifteenth day of the month next succeeding the month in which the fee accrued together with a return on a form prescribed by the county or municipal treasurer. Each person required to pay the fee imposed by this section shall keep complete and accurate records in a form required by the county or municipal treasurer.
The county or municipality may distribute shares of this fee to municipalities and school districts within its boundary as it deems appropriate considering the location of the facility and the impacts on the representation jurisdiction.
Source:
SL 1989, ch 306, §38; SL 1992, ch 60, §2; SL 2011, ch 165, §117.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-1.40 - Removal of improperly disposed solid waste--Alternative means of disposal.

34A-6-1.40. Removal of improperly disposed solid waste--Alternative means of disposal.
Any person convicted of a violation of §34A-6-1.4 shall, in addition to any other penalty, remove the solid waste from where it was improperly disposed and shall dispose of such solid waste in a manner consistent with this chapter. However, the court may provide for an alternative means of disposal if such disposal is consistent with the provisions of this chapter.
Source:
SL 1992, ch 257.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-17 - Plans for county systems--Submission to state board.

34A-6-17. Plans for county systems--Submission to state board.
The board of county commissioners in each county of the state shall plan, initiate, and provide a solid waste management system to adequately handle solid wastes generated or existing within the boundaries of the county. The plan shall be submitted to the Board of Minerals and Environment for approval on a specified date.
Source:
SL 1972, ch 198, §13; SDCL, §34-16B-17; SL 1986, ch 295, §24.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-18 - County grant of franchises--Approval by voters--Maximum period.

34A-6-18. County grant of franchises--Approval by voters--Maximum period.
Any county may grant and regulate franchises for the purpose of collection and disposal of solid waste, as solid waste is defined by subdivision 34A-6-1.3(17), in those parts of the county not subject to the jurisdiction of a municipality. Such franchises may be granted for a part of the county. No franchise is valid unless approved in an election by a majority of the electors voting on the question. Such election shall be held in that part of the county affected by the franchise. Such franchise may not be granted for a longer period than ten years.
Source:
SL 1974, ch 244, §2; SDCL Supp, §34-16B-17.1; SL 1977, ch 280, §23; SL 1987, ch 29, §19; SL 1989, ch 306; SL 1991, ch 24, §9.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-19 - Municipal procedure applied to counties--General election laws apply.

34A-6-19. Municipal procedure applied to counties--General election laws apply.
The procedure prescribed for municipalities in §34A-6-25 shall also apply to counties when granting franchises pursuant to §34A-6-18. The governing body of the county shall substantially follow the procedure that a municipality would use in the granting of a franchise, where applicable, and the general election laws shall apply to county franchise elections where applicable.
Source:
SL 1975, ch 226, §2; SDCL Supp, §34-16B-17.2; SL 1977, ch 280, §24.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-20 - County agreements with other political subdivisions and persons.

34A-6-20. County agreements with other political subdivisions and persons.
The board of county commissioners of a county may enter into agreements with other counties, one or more municipalities, townships, governmental agencies, with private persons, trusts, or with any combination thereof to provide a solid waste management system for all participating counties, an individual county, or any portion thereof.
Source:
SL 1972, ch 198, §13; SDCL, §34-16B-18.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-21 - County assumption of responsibility for wastes within municipalities.

34A-6-21. County assumption of responsibility for wastes within municipalities.
By agreement or contractual arrangement the board of county commissioners may assume responsibility for solid wastes generated within municipalities whether within the county or other counties.
Source:
SL 1972, ch 198, §13; SDCL, §34-16B-19.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-22 - Sanitary districts and counties to have municipal rights and responsibilities.

34A-6-22. Sanitary districts and counties to have municipal rights and responsibilities.
All sanitary districts and counties shall have the same rights and responsibilities under this chapter as municipalities.
Source:
SL 1972, ch 198, §12; SDCL, §34-16B-20.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-24 - Municipal grant of franchises--Maximum period.

34A-6-24. Municipal grant of franchises--Maximum period.
Any municipality may grant and regulate franchises for the purpose of collection and disposal of solid waste, as defined in subdivision 34A-6-1.3(17), if the solid waste originates in the municipality or in a zone adjacent to the municipality that is not a part of another municipality, and does not exceed two miles around the boundaries of the municipality. The franchise may not be granted for a longer period than ten years.
Source:
SL 1974, ch 244, §1; SDCL Supp, §34-16B-21.1; SL 1977, ch 280, §25; SL 1987, ch 29, §20; SL 1991, ch 24, §10; SL 2011, ch 165, §118.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-25 - Vote required for municipal grant of franchise--General or special election--Adoption of ordinance before vote--Notice of election.

34A-6-25. Vote required for municipal grant of franchise--General or special election--Adoption of ordinance before vote--Notice of election.
No franchise may be granted by any municipality pursuant to §34A-6-24 unless the governing body of the municipality submits the proposition of issuing the franchise to a vote of the electors at a general or special election called for that purpose. Before submitting the proposition, the governing body shall first approve the proposed franchise by ordinance, incorporating the proposed franchise in full and providing for submission of the proposition at an election to be held not sooner than thirty days after the publication of the election and proposition. The notice of election and the proposition shall refer to the ordinance by number and shall include the full title of the ordinance. No such franchise or franchise ordinance is effective unless the proposal to grant the franchise is approved at the election by a majority vote of the electors.
Source:
SL 1975, ch 226, §1; SDCL Supp, §34-16B-21.2; SL 2011, ch 165, §119.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-26 - Municipal agreements with other political subdivisions and persons--Maximum duration.

34A-6-26. Municipal agreements with other political subdivisions and persons--Maximum duration.
The governing body of the municipality may enter into agreements with a county or counties, with one or more other municipalities, with a regional recycling and waste management district created pursuant to chapter 34A-16, with Indian tribes, with private persons, corporations, trusts, or with any combination thereof, to provide or operate a solid waste collection or disposal system or disposal site for a solid waste management system for the municipality. Any such contract may not exceed thirty-five years in duration.
Source:
SL 1972, ch 198, §7; SDCL, §34-16B-22; SL 1977, ch 280, §26; SL 1993, ch 259, §48; SL 1994, ch 283.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-27 - City-county combinations to grant franchises--Approval by voters--Approval or rejection by subdivisions.

34A-6-27. City-county combinations to grant franchises--Approval by voters--Approval or rejection by subdivisions.
Municipalities and counties may combine to grant and regulate franchises for the purposes outlined in §§34A-6-18 and 34A-6-24. Franchises granted under this section must be approved by the electors in the same manner as provided by §34A-6-18. In case the electors of any political subdivision cooperating under this section reject the franchise, the franchise shall be granted for those subdivisions approving it.
Source:
SL 1974, ch 244, §3; SDCL Supp, §34-16B-22.1; SL 1977, ch 280, §27.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-28 - Municipal procedure applied to combined city-county grants of franchises--General election laws apply--One election.

34A-6-28. Municipal procedure applied to combined city-county grants of franchises--General election laws apply--One election.
The procedure prescribed in §34A-6-25 shall apply to franchises granted by combinations of municipalities and counties pursuant to §34A-6-27, and the general election laws shall be substantially followed. A county and municipality adopting a franchise ordinance under this section may each adopt a separate ordinance or the same ordinance but in each instance, only one election shall be held, and it shall be held throughout the area affected by the proposed ordinance.
Source:
SL 1975, ch 226, §3; SDCL Supp, §34-16B-22.2; SL 1977, ch 280, §28.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-29 - Subdivision fees, charges, and license requirements--Collection of delinquent charges.

34A-6-29. Subdivision fees, charges, and license requirements--Collection of delinquent charges.
The governing body of a municipality, county, or subdivision may levy and collect fees and charges and require licenses as are necessary to discharge their responsibility. The fees, charges, and licenses shall be based on a fee schedule set forth in an ordinance or resolution. If any fee, charge, or license so levied, other than a municipal garbage collection fee, becomes delinquent, the delinquency may be certified to the county treasurer and shall be collected by the county treasurer in the following year as a condition precedent to payment of the real property tax on the lot or parcel of land with respect to which the fee, charge, or license was levied. The chief fiscal officer of a municipality shall collect a delinquent municipal garbage collection fee as a condition precedent to the payment of any water, sewer, utility, or other charge collected by the municipality.
Source:
SL 1972, ch 198, §8; SDCL §34-16B-23; SL 1975, ch 218, §1; SL 1977, ch 282; SL 2011, ch 165, §120.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-37 - Acceptance and disbursement of funds for solid waste or recycling facility or system.

34A-6-37. Acceptance and disbursement of funds for solid waste or recycling facility or system.
Any county, municipality, or other political subdivision of the state that is authorized to own or operate a solid waste or recycling facility or system may accept and disburse funds derived from grants from the federal or state governments, from private sources, from moneys that may be appropriated from the general fund, or a combination thereof for the installation and operation of a solid waste management system or facility, recycling facility, or any portion of such a system or facility. In addition, the county, municipality, or political subdivision may accept and disburse funds that are derived from or used for transactions authorized under §34A-6-63.1. Such transactions are exempt from the provisions of §§7-8-15, 7-11-6, 7-18-3, 7-22-1, 7-22-2, 7-22-3, 9-18-1, 9-23-1, 9-23-2, and 9-23-3.
Source:
SL 1972, ch 198, §9; SDCL §34-16B-24; SL 2007, ch 204, §3.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-38 - Municipal acquisition of property--Maximum duration of contract--Shares of parties to regional or county solid waste authority.

34A-6-38. Municipal acquisition of property--Maximum duration of contract--Shares of parties to regional or county solid waste authority.
Municipalities are authorized to acquire by gift, devise, lease, purchase, or eminent domain real or personal property necessary to the installation and operation of a solid waste management system either individually or as a party to a regional or county solid waste authority. A contract for the purchase or lease of such property by a municipality may be for a term not to exceed twenty years. If contracted as a party to a regional or county solid waste authority, each member's share shall be fixed at the time of purchase with provisions for a division of proceeds upon termination of the region or the withdrawal from regional participation.
Source:
SL 1972, ch 198, §10; SDCL, §34-16B-25; SL 1977, ch 280, §30.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-39 - Appropriations for long-term contracts.

34A-6-39. Appropriations for long-term contracts.
If the term of any contract entered into pursuant to §34A-6-26 or 34A-6-38 extends for more than one year, an appropriation need not have been previously made concerning such expense except sufficient to cover the amount payable or estimated to become payable under such contract for the first year thereof. The governing body shall annually thereafter appropriate sufficient money to cover the amount payable or estimated to become payable under such contract during the ensuing fiscal year.
Source:
SL 1977, ch 280, §31.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-40 - Policies and requirements for operation of system.

34A-6-40. Policies and requirements for operation of system.
The governing body of any county, municipality, or other political subdivision of the state may, by ordinance or resolution, establish policies and requirements governing the operation of any solid waste management facility or system or any recycling facility owned or operated by the county, municipality, or political subdivision. The policies and requirements may include operating procedures, procedures to protect the safety of operating personnel, hours of operation, and character and kind of wastes accepted by such facilities. Policies and requirements established pursuant to this section shall conform to state statutes and rules related to solid waste and recycling.
Source:
SL 1972, ch 198, §11; SDCL §34-16B-26; SL 1993, ch 256, §30; SL 2007, ch 204, §4.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-41 - Local standards for sites and facilities.

34A-6-41. Local standards for sites and facilities.
Any local governing body in accordance with existing statutory authority, may by ordinance or resolution adopt standards for the location, design, construction, and maintenance of solid waste disposal sites and facilities more restrictive than those adopted by the State Department of Agriculture and Natural Resources under the provisions of this chapter.
Source: SL 1972, ch 198, §5; SDCL, §34-16B-27; SL 1977, ch 280, §32; SL 1986, ch 295, §27; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-53 - Legislative approval required for large-scale solid waste facilities--Requirements--Exception.

34A-6-53. Legislative approval required for large-scale solid waste facilities--Requirements--Exception.
No large-scale solid waste facility may be sited, constructed, or operated in this state unless the Legislature enacts a bill approving the siting, construction, or operation of the facility pursuant to a solid waste permit or permit renewals, issued by the Board of Minerals and Environment. The Legislature must find that the facility is environmentally safe and in the public interest. The requirements of this section do not apply to the land application for irrigation purposes of solid waste generated from a livestock processing facility if the application is done in accordance with a solid waste permit or permit renewal issued by the board.
Source:
SL 1991, ch 453 (I.M. 1); SL 2008, ch 177, §1.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-54 - Definition of large-scale solid waste facility.

34A-6-54. Definition of large-scale solid waste facility.
A large-scale solid waste facility is any single facility, or two or more facilities operated as a single unit, in which over two hundred thousand tons of solid waste is disposed or incinerated per year.
Source:
SL 1991, ch 453 (I.M. 1).
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-55 - Existing facilities to cease until legislative approval is obtained.

34A-6-55. Existing facilities to cease until legislative approval is obtained.
The Board of Minerals and Environment shall cause any existing large-scale solid waste facility to cease operation unless legislative approval as prescribed in §34A-6-53 has been obtained.
Source:
SL 1991, ch 453 (I.M. 1); SL 2011, ch 165, §122.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 06 - Solid Waste Management › Section 34A-6-56 - Approval requirements are retroactive.

34A-6-56. Approval requirements are retroactive.
The provisions of §§34A-6-53 to 34A-6-56, inclusive, are retroactive to July 1, 1989.
Source:
SL 1991, ch 453 (I.M. 1).