34A-11-25. Disposal fee levied by state--Records.
Because of the additional environmental risks attending hazardous waste disposal facilities, a hazardous waste disposal fee of fifty dollars per ton or part thereof of any hazardous waste is hereby levied and imposed upon the disposal of hazardous waste at any hazardous waste disposal facility permitted under this chapter, excluding the disposal of hazardous waste disposed of in a process of energy recovery. The fee imposed by this section shall be in addition to all other fees and taxes levied by law and shall be added to and constitute part of any other fee charged by the operator or owner of a hazardous waste disposal facility. The incineration or thermal destruction of hazardous waste shall be considered disposal for the purpose of this fee.
The hazardous waste disposal fee imposed by this section shall be paid by the owner of the hazardous waste disposal facility and remitted to the state treasury. The obligation of the owner to pay the fee accrues at the time hazardous waste is disposed of at a hazardous waste disposal facility. The fee imposed by this section shall be 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 rules promulgated pursuant to chapter 1-26, may require.
Fees collected under this section shall be deposited in the South Dakota environment and water resources trust fund established pursuant to §46A-1-82.
Source: SL 1990, ch 289, §5.
Structure South Dakota Codified Laws
Title 34A - Environmental Protection
Chapter 11 - Hazardous Waste Management
Section 34A-11-1 - Public policy.
Section 34A-11-2 - Definitions.
Section 34A-11-3 - Department designated as state agency under federal law.
Section 34A-11-4 - Functions of department and board.
Section 34A-11-5 - Cooperation with other agencies and groups.
Section 34A-11-6 - Acceptance of loans and grants.
Section 34A-11-7 - Employment of personnel.
Section 34A-11-8 - Rules identifying characteristics and listing hazardous wastes.
Section 34A-11-9 - Promulgation of rules governing hazardous wastes--Civil penalty for violation.
Section 34A-11-10 - Notification of hazardous waste activity required--Civil penalty for violation.
Section 34A-11-11 - Complaint alleging violation--Investigation--Report--Enforcement action.
Section 34A-11-13 - Application for permits--Rules--Hearings.
Section 34A-11-14 - Terms and conditions of permits--Civil penalty for violation.
Section 34A-11-15 - Revocation, modification, or suspension of permit--Grounds.
Section 34A-11-16 - Inspection of facilities and records--Monitoring equipment--Reports.
Section 34A-11-16.1 - Annual fee for inspection and monitoring.
Section 34A-11-17 - Notice and order for correction of violation.
Section 34A-11-18 - Hearing on violation--Time for request--Notice--Action by board.
Section 34A-11-19 - Circuit court action against violator--Injunction.
Section 34A-11-21 - Violations classified as felonies.
Section 34A-11-23 - Other rights to abate nuisances and pollution unaffected.
Section 34A-11-24 - Hazardous waste revolving fund--Administration--Use of funds.
Section 34A-11-25 - Disposal fee levied by state--Records.
Section 34A-11-26 - County or municipal disposal fee--Distribution of fee shares.