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...

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...

Section 34A-6-1.7 - Groundwater monitoring system required--Exception. - 34A-6-1.7. Groundwater monitoring system required--Exception. The board shall require that,...

Section 34A-6-1.8 - Areas addressed in application--Exception. - 34A-6-1.8. Areas addressed in application--Exception. Each of the following specific...

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....

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...

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...

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...

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...

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,...

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...

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...

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....

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...

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...

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...

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...

Section 34A-6-1.22 - Notice of violation--Contents. - 34A-6-1.22. Notice of violation--Contents. If the secretary has reason to...

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...

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...

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

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...

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...

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...

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...

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...

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

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...

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...

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...

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....

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...

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...

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...

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

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

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...

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

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...

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....

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...

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...

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....

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...

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...

Section 34A-6-39 - Appropriations for long-term contracts. - 34A-6-39. Appropriations for long-term contracts. If the term of any...

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

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

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...

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...

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....

Section 34A-6-56 - Approval requirements are retroactive. - 34A-6-56. Approval requirements are retroactive. The provisions of §§34A-6-53 to...

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

Section 34A-6-59 - Legislative findings. - 34A-6-59.Legislative findings. The Legislature finds that the implementation of federal...

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

Section 34A-6-61 - Definitions. - 34A-6-61. Definitions. Terms used in §§34A-6-59 to 34A-6-92, inclusive, mean:...

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

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

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. - 34A-6-63.1. Policies and requirements for purchase, sale, or transfer of...

Section 34A-6-64 - Disposal of tires. - 34A-6-64. Disposal of tires. Disposal of tires at sanitary landfills...

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

Section 34A-6-67 - Landfill waste reduction targets--Implementation dates. - 34A-6-67. Landfill waste reduction targets--Implementation dates. In order to achieve...

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

Section 34A-6-69 - Inspection of facilities. - 34A-6-69. Inspection of facilities. The department may inspect, as provided...

Section 34A-6-70 - Solid waste evaluation. - 34A-6-70. Solid waste evaluation. Each county and first class municipality...

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

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

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

Section 34A-6-75 - Plan required for issuance of new or renewed permit. - 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. - 34A-6-76. Documentation of beginning implementation of plan required for new...

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

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

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

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

Section 34A-6-81 - Solid waste management disposal fee--Calculation. - 34A-6-81. Solid waste management disposal fee--Calculation. There is hereby imposed...

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

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

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

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. - 34A-6-85. Deposit of fees in environment and natural resources fee...

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

Section 34A-6-87 - Illegal dumping penalties. - 34A-6-87. Illegal dumping penalties. It is unlawful to willfully dispose...

Section 34A-6-87.1 - Disposal of tire waste--Collection or processing sites--Penalties for violations. - 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. - 34A-6-89. Scale device required--Records--Report--Contents--Permit for longer capacity disposal. Any solid...

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

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

Section 34A-6-93 - Infectious waste defined. - 34A-6-93. Infectious waste defined. For purposes of this chapter, the...

Section 34A-6-93.1 - Medical waste defined. - 34A-6-93.1. Medical waste defined. For purposes of this chapter, medical...

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

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

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

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

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

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

Section 34A-6-100 - Unlawful dealing in infectious waste. - 34A-6-100. Unlawful dealing in infectious waste. No person may, with...

Section 34A-6-101 - Court-imposed monetary penalties. - 34A-6-101. Court-imposed monetary penalties. If a person is convicted of...

Section 34A-6-102 - Disposition of fines. - 34A-6-102. Disposition of fines. All fines and penalties collected pursuant...

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

Section 34A-6-102.2 - Actual knowledge of hauler or transporter required. - 34A-6-102.2. Actual knowledge of hauler or transporter required. No hauler...

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

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

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

Section 34A-6-105 - Big Stone power plant approved. - 34A-6-105. Big Stone power plant approved. Pursuant to the provisions...

Section 34A-6-106 - Sioux Falls/Regional Sanitary Landfill approved. - 34A-6-106. Sioux Falls/Regional Sanitary Landfill approved. Pursuant to the provisions...

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

Section 34A-6-108 - Definition of terms. - 34A-6-108. Definition of terms. Terms used in this section and...

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

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

Section 34A-6-109.2 - Purchase of catalytic converters--Limitations. - 34A-6-109.2. Purchase of catalytic converters--Limitations. Only a scrap metal business...

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

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

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

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

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

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South Dakota Codified Laws Title 34A - Environmental Protection Chapter 06 - Solid Waste Management

South Dakota Codified Laws
Title 34A - Environmental Protection
Chapter 06 - Solid Waste Management