South Dakota Codified Laws
Chapter 06 - Solid Waste Management
Section 34A-6-97 - Unlawful release of infectious waste in third degree.

South Dakota Codified Laws

Title 34A - Environmental Protection

Chapter 06 - Solid Waste Management

Section 34A-6-1.1 - Legislative findings.

Section 34A-6-1.2 - Solid waste management policy established.

Section 34A-6-1.3 - Definition of terms.

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.

Section 34A-6-1.6 - Promulgation of rules--Factors for consideration--Scope--Open burning.

Section 34A-6-1.7 - Groundwater monitoring system required--Exception.

Section 34A-6-1.8 - Areas addressed in application--Exception.

Section 34A-6-1.9 - Perpetual responsibility for solid waste and liability for pollution.

Section 34A-6-1.10 - Responsibility and liability of owner or operator.

Section 34A-6-1.11 - Financial assurance instrument--Condition for permit.

Section 34A-6-1.12 - Maintenance of closure and post-closure accounts--Requirements.

Section 34A-6-1.13 - Notice and opportunity for hearing--Issuance of permit--Contested cases--Grounds for denial.

Section 34A-6-1.14 - Promulgation of rules specifying procedure for permit issuance, amendment, suspension, revocation, and reinstatement--Recommendation of secretary--Notice and hearing.

Section 34A-6-1.15 - Amendment of permit--Procedure--Grounds.

Section 34A-6-1.16 - Initial validity period of permits--Renewal--Assessment of fees.

Section 34A-6-1.17 - Additional fee imposed upon disposal of certain solid waste.

Section 34A-6-1.18 - Sections not applicable.

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.

Section 34A-6-1.20 - Periodic inspections--On-site investigations.

Section 34A-6-1.21 - Suspension or revocation of permit--Grounds--Notice and hearing.

Section 34A-6-1.22 - Notice of violation--Contents.

Section 34A-6-1.23 - Secretary may require appearance for public hearing--Alternative procedures.

Section 34A-6-1.24 - Decision by board--Scope and content of order.

Section 34A-6-1.25 - Effect of appeal upon order.

Section 34A-6-1.26 - Issuance of emergency order--Purpose--Noncompliance.

Section 34A-6-1.27 - Hearing upon emergency order--Time and place--Procedure.

Section 34A-6-1.28 - Suit by secretary on behalf of state.

Section 34A-6-1.29 - Department may seek to enjoin threatened or actual violation--Bond unnecessary--Temporary relief available.

Section 34A-6-1.31 - Operation of facility without or in violation of permit--Penalties--Civil penalty.

Section 34A-6-1.33 - Exhaustion of administrative remedies not required.

Section 34A-6-1.34 - Enforcement of rules by board through permit procedures--Department as designated agency for purposes of federal laws.

Section 34A-6-1.35 - Functions of department--Delegation of duties and authority--Power to accept and administer grants and loans.

Section 34A-6-1.38 - County or municipal imposition and levy of disposal fee--Payment and collection--Distribution of shares.

Section 34A-6-1.40 - Removal of improperly disposed solid waste--Alternative means of disposal.

Section 34A-6-17 - Plans for county systems--Submission to state board.

Section 34A-6-18 - County grant of franchises--Approval by voters--Maximum period.

Section 34A-6-19 - Municipal procedure applied to counties--General election laws apply.

Section 34A-6-20 - County agreements with other political subdivisions and persons.

Section 34A-6-21 - County assumption of responsibility for wastes within municipalities.

Section 34A-6-22 - Sanitary districts and counties to have municipal rights and responsibilities.

Section 34A-6-24 - Municipal grant of franchises--Maximum period.

Section 34A-6-25 - Vote required for municipal grant of franchise--General or special election--Adoption of ordinance before vote--Notice of election.

Section 34A-6-26 - Municipal agreements with other political subdivisions and persons--Maximum duration.

Section 34A-6-27 - City-county combinations to grant franchises--Approval by voters--Approval or rejection by subdivisions.

Section 34A-6-28 - Municipal procedure applied to combined city-county grants of franchises--General election laws apply--One election.

Section 34A-6-29 - Subdivision fees, charges, and license requirements--Collection of delinquent charges.

Section 34A-6-37 - Acceptance and disbursement of funds for solid waste or recycling facility or system.

Section 34A-6-38 - Municipal acquisition of property--Maximum duration of contract--Shares of parties to regional or county solid waste authority.

Section 34A-6-39 - Appropriations for long-term contracts.

Section 34A-6-40 - Policies and requirements for operation of system.

Section 34A-6-41 - Local standards for sites and facilities.

Section 34A-6-53 - Legislative approval required for large-scale solid waste facilities--Requirements--Exception.

Section 34A-6-54 - Definition of large-scale solid waste facility.

Section 34A-6-55 - Existing facilities to cease until legislative approval is obtained.

Section 34A-6-56 - Approval requirements are retroactive.

Section 34A-6-58 - General permit for category of solid waste treatment, storage or disposal--Terms and conditions--Suspension, revocation or modification.

Section 34A-6-59 - Legislative findings.

Section 34A-6-60 - Legislative intent to reduce amount of solid waste disposed in landfills.

Section 34A-6-61 - Definitions.

Section 34A-6-62 - Waste reduction and recycling program established.

Section 34A-6-63 - Elements of waste reduction and recycling program.

Section 34A-6-63.1 - Policies and requirements for purchase, sale, or transfer of solid waste or by-products, recyclable materials, or scrap by local government facility or program.

Section 34A-6-64 - Disposal of tires.

Section 34A-6-66 - Waste tire stockpiling and processing facilities—Promulgation of rules.

Section 34A-6-67 - Landfill waste reduction targets--Implementation dates.

Section 34A-6-68 - Code required for rigid plastic bottle or rigid plastic container.

Section 34A-6-69 - Inspection of facilities.

Section 34A-6-70 - Solid waste evaluation.

Section 34A-6-71 - Regionalization of recycling and solid waste operations.

Section 34A-6-73 - Responsible units of governments--Evaluation of capacity.

Section 34A-6-74 - Filing of solid waste source reduction and recycling plan--Department review and aid in development--Hearings--Updating of plans.

Section 34A-6-75 - Plan required for issuance of new or renewed permit.

Section 34A-6-76 - Documentation of beginning implementation of plan required for new or renewed permit.

Section 34A-6-77 - Documentation of alternatives to landfills required for reissued or renewed permit.

Section 34A-6-78 - Certification of landfill as necessary part of alternative solid waste management required for new permit.

Section 34A-6-79 - Assistance to individuals, businesses, government with regard to solid waste management--Specifications.

Section 34A-6-80 - Educational and training programs on solid waste management--Training program audiences.

Section 34A-6-81 - Solid waste management disposal fee--Calculation.

Section 34A-6-82 - Payment of disposal fee by landfill owner--Accrual of obligation--Date due--Records.

Section 34A-6-83 - Tire solid waste management fee on motor vehicles--Collection.

Section 34A-6-84 - Payment of tire management fee by owner of motor vehicle--Date due--Exemption for United States and Indian tribe property.

Section 34A-6-85 - Deposit of fees in environment and natural resources fee fund and water and environment fund--Expenditures, grants, and loans from water and environment fund--Preferences.

Section 34A-6-85.1 - Financial assistance for statewide cleanup of waste tires.

Section 34A-6-87 - Illegal dumping penalties.

Section 34A-6-87.1 - Disposal of tire waste--Collection or processing sites--Penalties for violations.

Section 34A-6-89 - Scale device required--Records--Report--Contents--Permit for longer capacity disposal.

Section 34A-6-91 - Wholesaler or retailer exchange of lead acid batteries.

Section 34A-6-92 - Beverage containers, garbage bags, and plastic packaging materials--Preemption--Specially designated garbage bags.

Section 34A-6-93 - Infectious waste defined.

Section 34A-6-93.1 - Medical waste defined.

Section 34A-6-94 - Unlawful possession of infectious waste in the second degree--Violation as misdemeanor.

Section 34A-6-95 - First degree unlawful possession of infectious waste--Felony.

Section 34A-6-96 - Unlawful release of infectious waste in fourth degree.

Section 34A-6-97 - Unlawful release of infectious waste in third degree.

Section 34A-6-98 - Unlawful release of infectious waste in second degree.

Section 34A-6-99 - Unlawful release of infectious waste in first degree.

Section 34A-6-100 - Unlawful dealing in infectious waste.

Section 34A-6-101 - Court-imposed monetary penalties.

Section 34A-6-102 - Disposition of fines.

Section 34A-6-102.1 - Unlawful release of medical waste to recycling disposal destination--Misdemeanor.

Section 34A-6-102.2 - Actual knowledge of hauler or transporter required.

Section 34A-6-103 - County approval required for solid waste or medical waste transportation, storage, treatment or disposal.

Section 34A-6-103.1 - Board of commissioners' meetings required before approval of solid waste facility--Applicant to provide information--Preliminary approval--Notice--Costs of notice.

Section 34A-6-104 - Promulgation of certain rules in state solid waste programs.

Section 34A-6-105 - Big Stone power plant approved.

Section 34A-6-106 - Sioux Falls/Regional Sanitary Landfill approved.

Section 34A-6-107 - Purchase of certain beer kegs by recycler, scrap metal dealer, or scrap yard operator prohibited--Violation as misdemeanor.

Section 34A-6-108 - Definition of terms.

Section 34A-6-109 - Scrap metal business--Recordkeeping requirements.

Section 34A-6-109.1 - Purchases to be made by check or electronic funds transfer.

Section 34A-6-109.2 - Purchase of catalytic converters--Limitations.

Section 34A-6-110 - Scrap metal business records open to inspection by law enforcement officers.

Section 34A-6-111 - Copies of scrap metal business records--Report of lost or stolen nonferrous metal property.

Section 34A-6-112 - Hold on nonferrous metal item suspected to be lost or stolen.

Section 34A-6-113 - Disposal of certain oil and gas field liquid wastes prohibited.

Section 34A-6-114 - Disposal of certain radionuclides at solid waste facility prohibited.