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Solid Waste Management
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South Dakota Codified Laws
Environmental Protection
Solid Waste Management
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Section
34A-6-1
34A-6-1.Repealed by SL 1989, ch 306, §1.
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-6-1.5
Repealed by SL 2012, ch 215, § 31.
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-6-1.30
34A-6-1.30.Repealed by SL 1992, ch 158, §40.
Section
34A-6-1.31
Operation of facility without or in violation of permit--Penalties--Civil penalty.
Section
34A-6-1.32
34A-6-1.32.Repealed by SL 1992, ch 158, §42.
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-6-1.36
34A-6-1.36.Omitted.
Section
34A-6-1.37
34A-6-1.37.Omitted.
Section
34A-6-1.38
County or municipal imposition and levy of disposal fee--Payment and collection--Distribution of shares.
Section
34A-6-1.39
34A-6-1.39.Omitted.
Section
34A-6-1.40
Removal of improperly disposed solid waste--Alternative means of disposal.
Section
34A-6-2
34A-6-2 to 34A-6-16.Repealed by SL 1989, ch 306, §1.
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-6-23
34A-6-23.Repealed by SL 2015, ch 192, §1.
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-6-30
34A-6-30 to 34A-6-36.Repealed by SL 1986, ch 291, §§26 to 32.
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-6-42
34A-6-42 to 34A-6-49.Repealed by SL 1989, ch 306, §1.
Section
34A-6-50
34A-6-50.Repealed by SL 2011, ch 165, §121.
Section
34A-6-51
34A-6-51.Omitted.
Section
34A-6-52
34A-6-52.Repealed by SL 1993, ch 2, §31.
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-6-57
34A-6-57.Rejected by referred law no 1, November 3, 1992.
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-6-65
34A-6-65.Omitted.
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-6-72
34A-6-72.Omitted.
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-6-86
34A-6-86.Omitted.
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-6-88
34A-6-88.Transferred to §46A-1-83.1.
Section
34A-6-89
Scale device required--Records--Report--Contents--Permit for longer capacity disposal.
Section
34A-6-90
34A-6-90.Transferred to §46A-1-83.2.
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 to keep records of purchase of nonferrous metal property.
Section
34A-6-109.1
Purchases to be made by check or electronic funds transfer.
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.