CHAPTER 34A-6
SOLID WASTE MANAGEMENT
34A-6-1 34A-6-1. Repealed by SL 1989, ch 306, § 1.
34A-6-1.1 Legislative findings.
34A-6-1.2 Solid waste management policy established.
34A-6-1.3 Definition of terms.
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34A-6-1.5 Repealed by SL 2012, ch 215, § 31.
34A-6-1.6 Promulgation of rules--Factors for consideration--Scope--Open burning.
34A-6-1.7 Groundwater monitoring system required--Exception.
34A-6-1.8 Areas addressed in application--Exception.
34A-6-1.9 Perpetual responsibility for solid waste and liability for pollution.
34A-6-1.10 Responsibility and liability of owner or operator.
34A-6-1.11 Financial assurance instrument--Condition for permit.
34A-6-1.12 Maintenance of closure and post-closure accounts--Requirements.
34A-6-1.13 Notice and opportunity for hearing--Issuance of permit--Contested cases--Grounds for denial.
34A-6-1.14 Promulgation of rules specifying procedure for permit issuance, amendment, suspension, revocation, and reinstatement--Recommendation of secretary--Notice and hearing.
34A-6-1.15 Amendment of permit--Procedure--Grounds.
34A-6-1.16 Initial validity period of permits--Renewal--Assessment of fees.
34A-6-1.17 Additional fee imposed upon disposal of certain solid waste.
34A-6-1.18 Sections not applicable.
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-6-1.20 Periodic inspections--On-site investigations.
34A-6-1.21 Suspension or revocation of permit--Grounds--Notice and hearing.
34A-6-1.22 Notice of violation--Contents.
34A-6-1.23 Secretary may require appearance for public hearing--Alternative procedures.
34A-6-1.24 Decision by board--Scope and content of order.
34A-6-1.25 Effect of appeal upon order.
34A-6-1.26 Issuance of emergency order--Purpose--Noncompliance.
34A-6-1.27 Hearing upon emergency order--Time and place--Procedure.
34A-6-1.28 Suit by secretary on behalf of state.
34A-6-1.29 Department may seek to enjoin threatened or actual violation--Bond unnecessary--Temporary relief available.
34A-6-1.30 34A-6-1.30. Repealed by SL 1992, ch 158, § 40.
34A-6-1.31 Operation of facility without or in violation of permit--Penalties--Civil penalty.
34A-6-1.32 34A-6-1.32. Repealed by SL 1992, ch 158, § 42.
34A-6-1.33 Exhaustion of administrative remedies not required.
34A-6-1.34 Enforcement of rules by board through permit procedures--Department as designated agency for purposes of federal laws.
34A-6-1.35 Functions of department--Delegation of duties and authority--Power to accept and administer grants and loans.
34A-6-1.36 34A-6-1.36. Omitted.
34A-6-1.37 34A-6-1.37. Omitted.
34A-6-1.38 County or municipal imposition and levy of disposal fee--Payment and collection--Distribution of shares.
34A-6-1.39 34A-6-1.39. Omitted.
34A-6-1.40 Removal of improperly disposed solid waste--Alternative means of disposal.
34A-6-2 34A-6-2 to 34A-6-16. Repealed by SL 1989, ch 306, § 1.
34A-6-17 Plans for county systems--Submission to state board.
34A-6-18 County grant of franchises--Approval by voters--Maximum period.
34A-6-19 Municipal procedure applied to counties--General election laws apply.
34A-6-20 County agreements with other political subdivisions and persons.
34A-6-21 County assumption of responsibility for wastes within municipalities.
34A-6-22 Sanitary districts and counties to have municipal rights and responsibilities.
34A-6-23 34A-6-23. Repealed by SL 2015, ch 192, § 1.
34A-6-24 Municipal grant of franchises--Maximum period.
34A-6-25 Vote required for municipal grant of franchise--General or special election--Adoption of ordinance before vote--Notice of election.
34A-6-26 Municipal agreements with other political subdivisions and persons--Maximum duration.
34A-6-27 City-county combinations to grant franchises--Approval by voters--Approval or rejection by subdivisions.
34A-6-28 Municipal procedure applied to combined city-county grants of franchises--General election laws apply--One election.
34A-6-29 Subdivision fees, charges, and license requirements--Collection of delinquent charges.
34A-6-30 34A-6-30 to 34A-6-36. Repealed by SL 1986, ch 291, §§ 26 to 32.
34A-6-37 Acceptance and disbursement of funds for solid waste or recycling facility or system.
34A-6-38 Municipal acquisition of property--Maximum duration of contract--Shares of parties to regional or county solid waste authority.
34A-6-39 Appropriations for long-term contracts.
34A-6-40 Policies and requirements for operation of system.
34A-6-41 Local standards for sites and facilities.
34A-6-42 34A-6-42 to 34A-6-49. Repealed by SL 1989, ch 306, § 1.
34A-6-50 34A-6-50. Repealed by SL 2011, ch 165, § 121.
34A-6-52 34A-6-52. Repealed by SL 1993, ch 2, § 31.
34A-6-53 Legislative approval required for large-scale solid waste facilities--Requirements--Exception.
34A-6-54 Definition of large-scale solid waste facility.
34A-6-55 Existing facilities to cease until legislative approval is obtained.
34A-6-56 Approval requirements are retroactive.
34A-6-57 34A-6-57. Rejected by referred law no 1, November 3, 1992.
34A-6-58 General permit for category of solid waste treatment, storage or disposal--Terms and conditions--Suspension, revocation or modification.
34A-6-59 Legislative findings.
34A-6-60 Legislative intent to reduce amount of solid waste disposed in landfills.
34A-6-61 Definitions.
34A-6-62 Waste reduction and recycling program established.
34A-6-63 Elements of waste reduction and recycling program.
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-6-64 Disposal of tires.
34A-6-66 Waste tire stockpiling and processing facilities—Promulgation of rules.
34A-6-67 Landfill waste reduction targets--Implementation dates.
34A-6-68 Code required for rigid plastic bottle or rigid plastic container.
34A-6-69 Inspection of facilities.
34A-6-70 Solid waste evaluation.
34A-6-71 Regionalization of recycling and solid waste operations.
34A-6-73 Responsible units of governments--Evaluation of capacity.
34A-6-74 Filing of solid waste source reduction and recycling plan--Department review and aid in development--Hearings--Updating of plans.
34A-6-75 Plan required for issuance of new or renewed permit.
34A-6-76 Documentation of beginning implementation of plan required for new or renewed permit.
34A-6-77 Documentation of alternatives to landfills required for reissued or renewed permit.
34A-6-78 Certification of landfill as necessary part of alternative solid waste management required for new permit.
34A-6-79 Assistance to individuals, businesses, government with regard to solid waste management--Specifications.
34A-6-80 Educational and training programs on solid waste management--Training program audiences.
34A-6-81 Solid waste management disposal fee--Calculation.
34A-6-82 Payment of disposal fee by landfill owner--Accrual of obligation--Date due--Records.
34A-6-83 Tire solid waste management fee on motor vehicles--Collection.
34A-6-84 Payment of tire management fee by owner of motor vehicle--Date due--Exemption for United States and Indian tribe property.
34A-6-85 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-6-85.1 Financial assistance for statewide cleanup of waste tires.
34A-6-87 Illegal dumping penalties.
34A-6-87.1 Disposal of tire waste--Collection or processing sites--Penalties for violations.
34A-6-88 34A-6-88. Transferred to § 46A-1-83.1.
34A-6-89 Scale device required--Records--Report--Contents--Permit for longer capacity disposal.
34A-6-90 34A-6-90. Transferred to § 46A-1-83.2.
34A-6-91 Wholesaler or retailer exchange of lead acid batteries.
34A-6-92 Beverage containers, garbage bags, and plastic packaging materials--Preemption--Specially designated garbage bags.
34A-6-93 Infectious waste defined.
34A-6-93.1 Medical waste defined.
34A-6-94 Unlawful possession of infectious waste in the second degree--Violation as misdemeanor.
34A-6-95 First degree unlawful possession of infectious waste--Felony.
34A-6-96 Unlawful release of infectious waste in fourth degree.
34A-6-97 Unlawful release of infectious waste in third degree.
34A-6-98 Unlawful release of infectious waste in second degree.
34A-6-99 Unlawful release of infectious waste in first degree.
34A-6-100 Unlawful dealing in infectious waste.
34A-6-101 Court-imposed monetary penalties.
34A-6-102 Disposition of fines.
34A-6-102.1 Unlawful release of medical waste to recycling disposal destination--Misdemeanor.
34A-6-102.2 Actual knowledge of hauler or transporter required.
34A-6-103 County approval required for solid waste or medical waste transportation, storage, treatment or disposal.
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-6-104 Promulgation of certain rules in state solid waste programs.
34A-6-105 Big Stone power plant approved.
34A-6-106 Sioux Falls/Regional Sanitary Landfill approved.
34A-6-107 Purchase of certain beer kegs by recycler, scrap metal dealer, or scrap yard operator prohibited--Violation as misdemeanor.
34A-6-108 Definition of terms.
34A-6-109 Scrap metal business--Recordkeeping requirements.
34A-6-109.1 Purchases to be made by check or electronic funds transfer.
34A-6-109.2 Purchase of catalytic converters--Limitations.
34A-6-110 Scrap metal business records open to inspection by law enforcement officers.
34A-6-111 Copies of scrap metal business records--Report of lost or stolen nonferrous metal property.
34A-6-112 Hold on nonferrous metal item suspected to be lost or stolen.
34A-6-113 Disposal of certain oil and gas field liquid wastes prohibited.
34A-6-114 Disposal of certain radionuclides at solid waste facility prohibited.
34A-6-1.1. Legislative findings.
The Legislature finds that other states have imposed stringent standards for the proper collection and disposal of solid waste and that without such standards and enforcement of them, South Dakota could be burdened with the importation and disposal in the state of large amounts of solid waste from other states by persons and firms who may not have the capability to properly dispose of the waste or who wish to avoid the costs and requirements for proper, effective and safe disposal of such waste in the state of origin.
The Legislature finds that the disposal of large quantities of solid waste in this state will, in fact, impose additional burdens on the citizens of this state. Experience has shown that under the system of laws currently governing waste disposal in this country, this liability can be significant. For these and other reasons, the Legislature finds that it is reasonable and necessary to require that any person intending to dispose of waste in this state comply with the provisions of §§ 34A-6-1.2 to 34A-6-1.38, inclusive.
The Legislature further finds that to ensure a minimum safe level of solid waste regulation nationally, the United States Environmental Protection Agency is promulgating a comprehensive set of rules to govern the disposal of solid waste and that South Dakota must be prepared to comply with those rules.
Source: SL 1989, ch 306, § 2.
34A-6-1.2. Solid waste management policy established.
The protection of the health, safety, and welfare of the citizens of this state and the protection of the environment require the safe and sanitary disposal of solid waste. An effective and efficient solid waste disposal program protects the environment and the public, and provides the most practical and beneficial use of the material and energy values of solid waste. While recognizing the continuing necessity for the existence of landfills, alternative methods of managing solid waste and the reduction in the reliance upon land disposal of solid waste are encouraged. To promote these goals, the following solid waste management hierarchy, in descending order of preference, is established as the solid waste management policy of the state:
(1) Volume reduction at the source.
(2) Recycling and reuse.
(3) Use for energy production, if appropriate.
(4) Disposal in landfills or combustion for volume reduction.
In the implementation of this solid waste management policy, the state shall establish and maintain a cooperative state and local program of project planning, and technical and financial assistance to encourage comprehensive solid waste management.
Source: SL 1989, ch 306, § 3.
34A-6-1.3. Definition of terms.
The terms used in §§ 34A-6-1.1 to 34A-6-1.38, inclusive, mean:
(1) "Actual cost," the planning, development, operational, remedial and emergency action, closure, postclosure, and monitoring costs of a solid waste facility for the lifetime of the project;
(2) "Board," the Board of Minerals and Environment;
(3) "Closure," actions taken by the owner or operator of a solid waste facility or site to cease disposal operations and to ensure that all such facilities are closed in conformance with applicable regulations at the time of such closures and to prepare the site for the postclosure period;
(4) "Department," the Department of Agriculture and Natural Resources;
(5) "Facility," a solid waste facility as defined in subdivision (18) of this section;
(6) "Financial assurance instrument," cash or other instrument as allowed by rule or permit, submitted by an applicant to ensure the owner's financial capability to provide reasonable and necessary compliance with the laws, regulations and permit terms and conditions applicable to the facility during the lifetime of the project and for the thirty years following closure, and to provide for the closure of the facility and postclosure care required by rules adopted by the board pursuant to chapter 1-26 in the event that the operator fails to correctly perform closure and postclosure care requirements;
(7) "Landfill," a solid waste disposal facility or part of a facility where solid waste is permanently placed in or on land;
(8) "Leachate," fluid that has percolated through solid waste and which contains contaminants consisting of dissolved or suspended materials, chemicals, or microbial waste products from the solid waste;
(9) "Lifetime of the project," the projected period of years that a facility will receive waste, from the time of opening until closure. In the case of a landfill this shall be based on the volume of waste to be received projected at the time of submittal of the initial project plan and the calculated refuse capacity of the landfill based upon the design of the project;
(10) "Mine wastes," waste rock, rubble, or tailings produced as a result of mining or ore processing operations. The term does not include other wastes produced at a mining operation;
(10A) "Perpetuity," the life of the solid waste facility plus an additional fifty years;
(11) "Person," any individual, partnership, limited liability company, firm, association, municipality, public or private corporation, state, tribe, nation, subdivision or agency of a state, tribe or nation, trust, estate, or any other legal entity;
(12) "Postclosure" and "postclosure care," requirements placed upon a solid waste disposal facility after closure that will prevent, mitigate or minimize the threat to public health, safety, and welfare and the threat to the environment posed by the closed facility;
(13) "Regional entity," any combination or group of municipalities, counties, or sanitary districts in this state operating or seeking to operate in a joint venture, pursuant to chapter 1-24, a solid waste management system or part thereof in compliance with §§ 34A-6-1.1 to 34A-6-1.38, inclusive;
(14) "Resource recovery system," the recovery and separation for reuse of ferrous or nonferrous metals, glass, aluminum, paper, organic material, or any other material having a probable potential for reuse and the preparation and burning of solid waste as fuel for the production of electricity, steam or heat;
(15) "Rules," rules promulgated by the board pursuant to the provisions of §§ 34A-6-1.1 to 34A-6-1.38, inclusive;
(16) "Secretary," the secretary of agriculture and natural resources;
(17) "Solid waste," any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded materials, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, and agricultural operations, and from community activities, but does not include mining waste in connection with a mine permitted under Title 45, hazardous waste as defined under chapter 34A-11, solid or dissolved materials in domestic sewage or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended to January 1, 2011, or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended to January 1, 2011;
(18) "Solid waste facility" or "solid waste disposal facility," all facilities and appurtenances connected with such facilities, which are acquired, purchased, constructed, reconstructed, equipped, improved, extended, maintained, or operated to facilitate the disposal or storage of solid waste; and
(19) "Solid waste management system," the entire process of storage, collection, transportation, processing, and disposal of solid wastes by any person.
Source: SL 1989, ch 306, § 4; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1994, ch 351, § 68; SL 2011, ch 165, § 109; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
34A-6-1.4. Unauthorized construction or operation of site or facility prohibited--Unauthorized dumping, disposal in water, burning prohibited--Exception--Penalties for violation.
No person may construct, alter, or operate a solid waste disposal site or facility without a permit or in violation of §§ 34A-6-1.1 to 34A-6-1.38, inclusive, the rules or the terms and conditions of the facility permit. Nor may any person dump, abandon, or dispose of any solid waste that will not be regularly collected and deposited or directly disposed of at a permitted solid waste facility or other site approved by the board.
No person may dispose of, or place, solid waste in the waters of this state except to the extent that such disposal or placement is authorized by chapter 34A-2 and the water pollution control laws of the United States. No person may burn solid waste except as provided by § 34A-6-1.6 and except in a manner and under conditions approved by the department or board pursuant to chapter 34A-1.
No provision of §§ 34A-6-1.1 to 34A-6-1.38, inclusive, may be construed so as to prohibit a farmer or rancher from disposing of solid waste from normal farming operations or ordinary domestic activities upon his own land provided such disposal does not create a nuisance or a hazard to public health, does not violate a local ordinance, will not unlawfully pollute ground or surface waters or does not violate chapter 34A-1 or 34A-2 or the water or air pollution control laws of the United States.
A violation of this section is a Class 2 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, § 5; SL 1992, ch 158, § 39.
34A-6-1.5. Repealed by SL 2012, ch 215, § 31.
34A-6-1.6. Promulgation of rules--Factors for consideration--Scope--Open burning.
The board shall promulgate rules pursuant to chapter 1-26 setting forth the requirements for the issuance, renewal, reissuance, revocation, or suspension of solid waste management system, solid waste facility, and resource recovery permits. In promulgating these rules the board shall consider and may establish requirements based on the protection of the public health, the quantity of solid waste to be handled, the environmental effects of solid waste facilities, the nature, origin, or characteristics of the solid waste, the potential for contamination of groundwater and surface water, requirements and standards for corrective actions, requirements for public roadway standards, and design for access to the facilities with approval by the secretary of the Department of Transportation, public sentiment, the financial capability of the applicant, the effects of a facility on vicinity property values, population density, climate, soils, geology, wetlands, and other health, environmental, economic, or aesthetic considerations.
The rules shall establish standards for the collection, possession, storage, transportation, processing, resource recovery, recycling, or disposal of solid waste including medical waste and infectious waste. The rules shall include the location, construction, operation, compliance deadlines, maintenance, closure, postclosure, groundwater monitoring, leachate control and treatment, methane monitoring and control, and financial assurance standards and requirements for solid waste facilities as necessary to implement the purpose and intent of § 34A-6-1.2. Based upon these considerations, the board may declare by rule, or find in a specific case, that a specified geographical area of the state possesses special or unique characteristics subject to specific requirements, and the board may prohibit the installation or establishment of specific types or sizes of solid waste facilities in these specified geographical areas of the state based on these findings.
Open burning is allowable, unless prohibited by federal law, subject to chapter 34A-1, by municipalities of five thousand or less or by counties for persons living within the county but outside the boundaries of municipalities, if the municipality or county facility does not receive solid waste from more than fifty miles outside its boundaries.
Source: SL 1989, ch 306, § 7; SL 1992, ch 254, § 50S; SL 1992, ch 259, § 11.
34A-6-1.7. Groundwater monitoring system required--Exception.
The board shall require that, unless it is demonstrated in a specific case that groundwater degradation will not occur, the holder of the permit for each landfill permitted pursuant to § 34A-6-1.13, shall install and maintain a groundwater monitoring system to adequately determine the quality of the groundwater and the effects of the landfill upon it, if any. The rules and decisions of the board and the department shall operate in conjunction with the groundwater rules promulgated by the Board of Water Management pursuant to chapter 34A-2 and shall protect groundwater from degradation by solid waste to the greatest extent practicable.
Source: SL 1989, ch 306, § 8.
34A-6-1.8. Areas addressed in application--Exception.
Each of the following specific areas shall be addressed in detail in the application unless the secretary in accordance with rules promulgated pursuant to § 34A-6-1.6 determines that it is inappropriate for the specific type of facility:
(1) An operations plan which details the specific disposal or resource recovery method to be used including the daily and weekly disposal and cover routine, litter control, source controls and monitoring, occupational safety, dust control, weigh-in, and fee collection method where applicable, and quality control;
(2) A closure and post-closure plan detailing the schedule for and the methods by which the operator will meet the conditions for proper closure and post-closure adopted by rule by the board. The plan shall include the proposed frequency and types of actions to be implemented prior to and following the closure of an operation, the proposed post-closure actions to be taken to return the area to a condition suitable for other uses, and an estimate of the costs of closure and post-closure and the proposed method of meeting these costs. The post-closure plan shall cover the thirty-year time period following closure of the facility;
(3) A plan for the control and treatment of leachate and methane;
(4) A financial plan detailing the actual cost of all phases and components of the comprehensive plan and the solid waste facility and the funding sources for the project. In addition to the submittal of the financial plan filed pursuant to this division, the operator of an existing landfill shall submit an annual financial statement to the department; and
(5) An emergency response and remedial action plan including provisions to minimize the possibility of fire, explosion, or any release to air, land, or water of pollutants that could threaten human health and the environment, and the identification of possible occurrences that may endanger human health and environment.
Source: SL 1989, ch 306, § 10; SL 1993, ch 256, § 27.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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).
34A-6-58. General permit for category of solid waste treatment, storage or disposal--Terms and conditions--Suspension, revocation or modification.
Upon the recommendation of the secretary and after public notice in at least three newspapers of general circulation in this state and notice to all municipalities, counties, and tribal governments and opportunity for public hearing, the board may issue a general permit for a category of solid waste treatment, storage, or disposal. A general permit issued by the board may be subject to such terms and conditions for installation, establishment, modification, operation, or abandonment of a category of solid waste treatment, storage, or disposal as the board finds reasonably necessary to adequately protect the public health, safety, welfare, and the environment of this state. Waste treatment, storage, or disposal activities conducted in conformity with a general permit do not require a permit issued under § 34A-6-1.13.
A general permit shall remain in effect until suspended, revoked, or modified by the board. A general permit may be modified after public notice and opportunity for public hearing. A general permit may be suspended or revoked after publication of notice and order of suspension and revocation in at least three newspapers of general circulation in this state. If an affected facility 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 published in at least three newspapers of general circulation in this state. Any facility operating under a general permit pursuant to this section, upon the filing of a complaint to the board, and upon action by the board in accordance with the contested case provisions of chapter 1-26, may be removed from the jurisdiction of the general permit and required to obtain an individual permit.
Source: SL 1991, ch 288, § 4.
34A-6-59. Legislative findings.
The Legislature finds that the implementation of federal regulations under subtitle D of the Resource Conservation and Recovery Act, P.L. 94-580, as amended to January 1, 2011, will reduce the available landfill capacity in the state for the disposal of municipal solid waste. The Legislature further finds:
(1) That maximum solid waste source reduction, reuse, recycling, and composting are preferable to land disposal, are the most economically sound and environmentally safe methods of solid waste management and are in the best interest of the state in order to protect public health and the environment and to conserve resources, energy, and tax dollars; and
(2) That education, research, development, and innovation in the design, management, and operation of source reduction, reuse, recycling, and composting are essential in reducing operating costs and providing incentives for the use of these systems and operations and their products.
Source: SL 1992, ch 254, § 21; SL 2011, ch 165, § 123.
34A-6-60. Legislative intent to reduce amount of solid waste disposed in landfills.
The Legislature intends by §§ 34A-6-59 to 34A-6-92, inclusive, to establish programs and regulations that reduce the waste stream disposed of in landfills in this state and thus protect the public health, safety, and welfare of all South Dakotans, protect the environment, and return resources back to industry for reuse. The goal of the state is to reduce the amount of materials in the waste stream being landfilled. The amount of materials being landfilled shall be reduced using appropriate methods and technology through the practice of solid waste reduction, waste diversion, reuse, recycling, composting, and waste-to-energy. The goal of the state is to reduce the waste stream disposed in landfills by fifty percent by July 1, 2001. For the purposes of this section, the term, waste stream, means the disposal of solid waste as defined in § 34A-6-1.3.
The base year for establishing the amount of materials in the waste stream is the calendar year 1990. Total tonnage of solid waste landfilled in the calendar year 1990 is the basis for all waste reduction calculations. In the absence of scale data and cubic yardage data of waste materials landfilled, the base tonnage is calculated as eight-tenths of a ton per year per person, in residence, serviced by the landfill. Tonnage may be estimated by equating one cubic yard of solid waste received at the landfill gate to seven hundred pounds of solid waste. In determining the reduction level of the waste stream, it is assumed that each person in 1990 generated eight-tenths of a ton per year of municipal solid waste.
Any landfill that conducted waste reduction or recycling programs before the 1990 base calendar year and increased its ability to reduce waste stream volume may receive credit for prior recycled tonnage in the solid waste source reduction and recycling plan required by § 34A-6-74. Similarly, any landfill that has experienced or will experience a growth in its population served may submit justification for increased tonnage, even after waste reduction or recycling programs have been implemented.
Source: SL 1992, ch 254, § 22; SL 1998, ch 203, § 1.
34A-6-61. Definitions.
Terms used in §§ 34A-6-59 to 34A-6-92, inclusive, mean:
(1) "Agency" or "state agency," each association, authority, board, commission, committee, council, department, division, office, officer, task force, or other agent of the state vested with the authority to exercise any portion of the state's sovereignty, including the legislative and judicial branches of the government of the state, but not including local units of government such as counties, townships, municipalities, chartered governmental units, school or other special districts, or Indian tribes;
(2) “Auxiliary container,” any bag, can, cup, bottle, package, pouch, container, or other packaging, whether designed to be reusable or single-use, that is made of cloth, paper, plastic, including foamed or expanded plastic, cardboard, corrugated material, aluminum, glass, postconsumer recycled material, or similar material or substrates, including coated, laminated, or multi-layer substrates, and that is designed for consuming, transporting, or protecting merchandise, food, or beverages from or at a food service facility or retail facility;
(3) "Department," the Department of Agriculture and Natural Resources;
(4) "Local unit of government," a county, municipality, school district, special district or other political subdivision of the State of South Dakota or a similar unit of government of another state or nation;
(5) "Major appliance," a major residential or commercial appliance, including any air conditioner, clothes dryer, clothes washer, dishwasher, freezer, kitchen range, microwave oven, refrigerator, television, or water heater;
(6) "Motor vehicle," a motor vehicle as defined in § 32-3-1;
(7) "Municipality," a municipality as defined in § 9-1-1;
(8) "Paper and paper products," paper items including paper napkins, towels, corrugated and other cardboard, toilet tissue, high-grade office paper, newsprint, offset paper, bond paper, xerographic bond paper, mimeo paper, and duplicator paper;
(9) "Plastic," any material made of polymeric organic compounds and additives that can be shaped by flow;
(10) "Plastic bottle," a plastic container having a neck that is smaller than the body of the container, accepts a screw-type, snap cap, or other closure, and has a capacity of sixteen fluid ounces or more, but less than five gallons;
(11) "Plastic product label," a molded imprint or raised symbol on or near the bottom of a plastic product;
(12) "Postconsumer material," products generated by a business or consumer that have served their intended end uses and that have been separated or diverted from solid waste for the purpose of collection, recycling, and disposition;
(13) "Recovered material," material which is recovered or derived from solid waste;
(14) "Recovered paper material," paper waste generated after the completion of the papermaking process, such as postconsumer material, envelope cuttings, bindery trimmings, printing waste, cutting and other converting waste, butt rolls and mill wrappers, obsolete inventories, and rejected unused stock. The term does not include fibrous waste generated during the manufacturing process such as fibers recovered from waste, water, or trimmings of paper machine rolls; or fibrous by-products of harvesting, extractive, or woodcutting processes; or forest residue such as bark;
(15) "Recyclable materials," materials that are separated from solid waste for the purpose of recycling, including paper, glass, plastics, metals, motor oil, tires, and batteries;
(16) "Recycled," the quality of being manufactured from or consisting of, in whole or part, materials derived from solid waste;
(17) "Recycled paper," a paper product with not less than forty percent of its total weight consisting of postconsumer material and recovered paper material and at least ten percent of the total weight of recycled paper is of postconsumer materials;
(18) "Recycling," any process by which waste, or materials that would otherwise become waste, are collected, separated, or processed and revised or returned to use in the form of raw materials or products. The term includes the composting of yard waste which has been previously separated from other waste, but does not include any form of energy recovery;
(19) "Rigid plastic containers," any formed or molded container, other than a bottle, intended for single use, composed predominantly of plastic resin, and having a relatively inflexible shape or form with a capacity of eight ounces or more, but less than five gallons;
(20) "Sanitary landfill," a solid waste disposal facility in which solid waste is buried between layers of earth;
(21) "Secretary," secretary of the Department of Agriculture and Natural Resources;
(22) "Solid waste," solid waste as defined in § 34A-6-1.3;
(23) "Solid waste disposal facility," a solid waste disposal facility as defined in § 34A-6-1.3;
(24) "Source reduction," practices that reduce, avoid, or eliminate both the generation of solid waste and the use of toxic materials so as to reduce risks to health and the environment and to avoid, reduce, or eliminate the generation of wastes or environmental pollution at the source and not merely achieved by shifting a waste output or waste stream from one environmental medium to another environmental medium;
(25) "Universal recycling symbol," an equilateral triangle formed by three arrows with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius. The arrowhead of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle, formed by the three arrows curved at their midpoints, shall depict a clockwise path;
(26) "Waste oil," any oil after use that is contaminated through storage or handling before the oil is recycled;
(27) "Waste tire," a tire that is no longer suitable for its original purpose because of wear, damage, or defect;
(28) "Waste tire collection site," a site used for the storage, collection, or deposit of waste tires;
(29) "Waste tire collector," a person who owns or operates a site used for the storage, collection, or deposit of more than fifty waste tires;
(30) "Waste tire processing," producing or manufacturing usable materials from waste tires. The term does not include incineration of tires for fuel or energy recovery purposes;
(31) "Waste tire processing site," a site used for the processing of waste tires and owned or operated by a tire processor who has a permit for the site; and
(32) "Yard waste," leaves, grass clippings, and other similar waste vegetative material.
Source: SL 1992, ch 254, § 23; SL 1993, ch 261; SL 2020, ch 153, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
34A-6-62. Waste reduction and recycling program established.
The department shall establish a statewide waste reduction and recycling program to promote the waste management policy contained in § 34A-6-59 and 34A-6-60 and the waste management hierarchy contained in § 34A-6-1.2. The program shall encourage waste generators to reduce the volume of waste generated and to recycle the waste that is generated. The program shall utilize financial and legal incentives, education, technical assistance, regulation, and other implementation methods. The program shall involve the development of public and private sector initiatives, the development of markets and other opportunities for waste reduction and recycling, and other related efforts.
Source: SL 1992, ch 254, § 24.
34A-6-63. Elements of waste reduction and recycling program.
The elements of the program required in § 34A-6-62 shall include promotion of:
(1) Efforts to increase the purchase and use of recycled products by government, business, and the public;
(2) Efforts to recover recyclable materials from the waste stream;
(3) Local efforts to implement recycling collection centers;
(4) Local efforts for curbside collection of separated recyclable waste materials and local efforts for drop-off sites or programs for rural areas;
(5) Public education programs that promote public awareness of waste volume reduction and the use of recyclable materials;
(6) Markets for recyclable materials;
(7) Research, manufacturing processes, and product development that provide for source reduction through use of alternative materials and through decreased material input and resource consumption; and
(8) Information-sharing and coordination of efforts among state governments in such areas as recycling education, technical assistance, market analysis, and related topics.
Source: SL 1992, ch 254, § 25.
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.
The governing body of any county, municipality, or political subdivision of the state may, by ordinance or resolution, establish policies, requirements, and procedures for the purchase, acquisition, sale, or transfer of any solid waste, as defined in § 34A-6-1.3; solid waste by-products; recyclable materials, as defined in § 34A-6-61; and scrap materials by any solid waste or recycling system or facility that is owned or operated by the county, municipality, or political subdivision or by any other facility or program that is owned or operated by the county, municipality, or political subdivision. Policies and requirements established pursuant to this section shall conform to state statutes and rules related to solid waste and recycling.
Such purchases, acquisitions, sales, and transfers are exempt from the requirements of chapters 5-18A and 6-13. If the governing body determines that it is in the best interests of the county, municipality, or political subdivision, the governing body may attempt to identify additional prospective buyers or sellers and may negotiate the conditions of such transactions with prospective buyers or sellers, including price, delivery, transport, quantity, and length of contract, to obtain the price or conditions most advantageous to the governing body. The governing body may authorize procedures for adjusting prices to meet changing market conditions not within the control of the purchaser or seller. No governing board member and no officer of the county, municipality, or political subdivision may purchase or acquire the materials described in this section unless such materials are available for sale to or acquisition by the general public.
Source: SL 2007, ch 204, § 1; SL 2011, ch 2, § 141.
34A-6-64. Disposal of tires.
Disposal of tires at sanitary landfills in this state is prohibited beginning on July 1, 1995, unless the tire has been processed in the manner established in rule by the board.
Source: SL 1992, ch 254, § 26.
34A-6-66. Waste tire stockpiling and processing facilities—Promulgation of rules.
The department shall determine the number of stockpiling facilities that are necessary; and the board shall promulgate rules, pursuant to chapter 1-26, for waste tire stockpiling and processing facilities. The rules shall include the following:
(1) The prohibition of burning within one hundred yards of a tire stockpile;
(2) The maximum height, width, and length of a tire stockpile;
(3) Plans to control mosquitos and rodents;
(4) A facility closure plan;
(5) Specifications for fire lanes between stockpiles;
(6) Limitation of the total number of tires allowed at a single stockpile site;
(7) Criteria for the issuance of permits to qualified waste tire stockpiling and processing facilities. No waste tire stockpiling or processing may be done without a permit; and
(8) Appropriate waste tire processing methods.
Source: SL 1992, ch 254, § 28; SL 2021, ch 163, § 2.
34A-6-67. Landfill waste reduction targets--Implementation dates.
In order to achieve the waste reduction goals provided for under § 34A-6-60, no landfill in the state may accept yard waste, lead acid batteries, waste motor oil, or white good appliances for disposal.
Office and computer paper, old newspaper, magazines, telephone books, corrugated cardboard, other marketable paper products, containers made from plastic, aluminum, and steel, and other municipal solid waste materials that are diverted from landfilling using appropriate methods and technology count toward the waste reduction goal. Appropriate methods and technology includes recycling facilities.
Source: SL 1992, ch 254, § 30; SL 1995, ch 205; SL 1998, ch 203, § 2.
34A-6-68. Code required for rigid plastic bottle or rigid plastic container.
Beginning July 1, 1995, no person may distribute, sell, or offer for sale in this state any plastic bottle or rigid plastic container unless the product is labeled with a code indicating the plastic resin used to produce the bottle or container. Rigid plastic bottles or rigid plastic containers with labels and basecups of a different material shall be coded by their basic material. The code shall consist of a number placed within the universal recycling symbol and letters placed below the symbol. The number used shall be as follows:
(1) 1.-PETE (polyethylene terephthalate);
(2) 2.-HDPE (high density polyethylene);
(3) 3.-V (vinyl);
(4) 4.-LDPE (low density polyethylene);
(5) 5.-PP (polypropylene);
(6) 6.-PS (polystyrene);
(7) 7.-OTHER (includes multi-layer).
The Department of Agriculture and Natural Resources shall maintain a list of the label codes provided in this section and shall provide a copy of that list to any person upon request.
Source: SL 1992, ch 254, § 31; SL 2003, ch 272 (Ex. Ord. 03-1), § 20; SL 2011, ch 1 (Ex. Ord. 11-1), § 154, eff. Apr. 12, 2011; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
34A-6-69. Inspection of facilities.
The department may inspect, as provided in § 34A-6-1.20, any facility engaged in the transport, storage, or processing of materials for recycling, reuse, or other solid waste management purposes.
Source: SL 1992, ch 254, § 32.
34A-6-70. Solid waste evaluation.
Each county and first class municipality shall prepare or have prepared, on or before January 1, 1993, a solid waste evaluation coordinated with the state solid waste management plan. The evaluation shall cover a fifteen-year time period, shall serve as the basis for county and municipal decisions on the need for facilities, and shall be provided to the board for its consideration in determining whether to issue facility permits under § 34A-6-1.13. The evaluation shall include an analysis of the current and projected volume of solid waste, disposal capacity including all existing and planned facilities, the potential for source reduction, reuse, recycling, resource recovery, and shared and regional recycling and waste management facilities. The evaluation shall include a full accounting of the true and total cost, including the long-term costs, of all options analyzed in the evaluation. Counties and municipalities subject to this section shall consider in their solid waste evaluation, 40 CFR parts 257 and 258 of the environmental protection agency solid waste disposal criteria commonly known as "RCRA subtitle D regulations," as finally adopted and published in the Federal Register on October 9, 1991, and as amended to January 1, 2011; the statewide comprehensive solid waste management plan; and all rules promulgated by the board.
Source: SL 1992, ch 254, § 33; SL 2011, ch 165, § 124; SL 2021, ch 163, § 3.
34A-6-71. Regionalization of recycling and solid waste operations.
Regionalization of recycling and solid waste planning, management, operations, and disposal are encouraged whenever possible. Any two or more responsible units of government may prepare a single solid waste evaluation as provided in § 34A-6-70 for the analysis of the solid waste needs within the combined area of the responsible units of government as provided in the joint powers provisions of chapter 1-24. The department shall prepare model joint solid waste planning, management, recycling, operations, and disposal agreements and shall provide them to responsible units for the purpose of promoting regional planning and developing the regional recycling and waste management districts provided for under the statewide comprehensive solid waste management plan. Every regional landfill shall make provisions for municipalities and other political subdivisions responsible for solid waste management to exercise the powers provided for under § 34A-6-67. However, each regional landfill may establish special rates commensurate with additional costs incurred by the landfill for waste containing materials not excluded from the waste stream as provided for under § 34A-6-67.
Source: SL 1992, ch 254, § 34.
34A-6-73. Responsible units of governments--Evaluation of capacity.
Each county and first class municipality shall be the responsible unit of government for preparing the solid waste evaluation required under § 34A-6-70. The responsible unit shall evaluate capacity to meet the solid waste management needs of the unit for a period of at least fifteen years. Capacity shall be sufficient to meet the requirements of state law and all applicable requirements of the United States Environmental Protection Agency. The evaluation shall be submitted to the department on or before January 1, 1993, and shall provide details of a local recycling program which shall contain a methodology for meeting the state source reduction and recycling goal pursuant to § 34A-6-60 and a methodology for implementing a program of separation of wastes including yard waste, glass, plastic, paper, and metal.
Source: SL 1992, ch 254, § 36.
34A-6-74. Filing of solid waste source reduction and recycling plan--Department review and aid in development--Hearings--Updating of plans.
Every municipality or other political subdivision responsible for solid waste management shall file with the department by January 1, 1994, a comprehensive solid waste source reduction and recycling plan detailing the method by which the municipality or other political subdivision responsible for solid waste management will comply with the requirements of § 34A-6-67 to establish and implement a comprehensive solid waste source reduction and recycling program for its residents. For the purposes of this section, any public or private entity managing the solid waste stream for a municipality or county shall file one comprehensive plan on behalf of its members with the filing requirements of this section. The department shall review each comprehensive plan submitted and may reject, suggest modifications to, or approve the proposed plan. The department shall aid in the development of comprehensive plans for compliance with this section and shall make available appropriate forms for the submission of comprehensive plans. The department may hold hearings for the purpose of implementing this section. The comprehensive plan required in this section shall be updated and submitted to the department for approval five years after its most recent approval. The department may, consistent with rules promulgated by the board pursuant to chapter 1-26, require the filing or updating of a plan at other times.
Source: SL 1992, ch 254, § 37.
34A-6-75. Plan required for issuance of new or renewed permit.
Beginning July 1, 1994, no new permit for a solid waste disposal facility may be issued and no existing permit reissued or renewed unless the permit applicant, in conjunction with all local units of government whose residents, businesses, or institutions generate solid waste to be stored or disposed of in the facility, has filed a plan as required in § 34A-6-74.
Source: SL 1992, ch 254, § 38.
34A-6-76. Documentation of beginning implementation of plan required for new or renewed permit.
Beginning July 1, 1997, no new permit for a solid waste disposal facility may be issued and no existing permit may be reissued or renewed unless the permit applicant, in conjunction with all local units of government whose residents, businesses, or institutions generate solid waste to be stored or disposed of in the facility, documents that steps are being taken to begin implementing the plan filed pursuant to § 34A-6-74.
Source: SL 1992, ch 254, § 39.
34A-6-77. Documentation of alternatives to landfills required for reissued or renewed permit.
Beginning July 1, 2000, no existing solid waste disposal permit may be reissued or renewed unless the permit applicant, in conjunction with all local units of government whose residents, businesses, or institutions generate solid waste to be stored or disposed of in the facility, documents that alternative methods of solid waste management other than use of a sanitary landfill have been implemented as set forth in the plan filed pursuant to § 34A-6-74.
Source: SL 1992, ch 254, § 40.
34A-6-78. Certification of landfill as necessary part of alternative solid waste management required for new permit.
Beginning July 1, 2000, no new solid waste disposal facility permit for a landfill may be issued unless the applicant, in conjunction with all local units of government whose residents, businesses, or institutions generate solid waste to be stored or disposed of in the facility, certifies that the landfill is needed as a part of an alternative solid waste management method.
Source: SL 1992, ch 254, § 41.
34A-6-79. Assistance to individuals, businesses, government with regard to solid waste management--Specifications.
The department shall provide assistance to individuals, groups, businesses, state agencies, and local units of government in all aspects of solid waste management consistent with §§ 34A-6-59 to 34A-6-92, inclusive. This assistance may be provided through programs established under § 34A-6-80 and shall include:
(1) Providing information on how to conduct a waste audit;
(2) Maintaining current estimates of the generation of components of solid waste by appropriate categories of businesses, industries, municipalities, and other governmental entities;
(3) Providing solid waste generators and handlers with information on how to manage solid waste consistent with §§ 34A-6-59 to 34A-6-92, inclusive;
(4) Identifying appropriate qualifications of recycling program coordinators and staff;
(5) Preparing sample recycling ordinances, procedural handbooks, and contracts;
(6) Identifying sources of information regarding the creation and operation of a municipal or county recycling program;
(7) Providing advice, upon the request of the municipality or county, on implementing the municipality's or county's solid waste management plan;
(8) Identifying prospective buyers and brokers of materials recovered from solid waste;
(9) Preparing suggestions for regional programs to market materials recovered from solid waste; and
(10) Identifying methods to successfully accommodate fluctuating markets for materials recovered from solid waste.
Source: SL 1992, ch 254, § 50E.
34A-6-80. Educational and training programs on solid waste management--Training program audiences.
The department shall collect, prepare, and disseminate information and conduct educational and training programs that assist in the implementation of §§ 34A-6-59 to 34A-6-92, inclusive, and other related solid waste management programs. The information and programs shall be designed to enhance municipal and county solid waste management programs and to inform the public of the relationship between an individual's consumption of goods and services, the generation of different types and quantities of solid waste and the implementation of the solid waste management priorities in this chapter and chapter 34A-6. The information and programs shall be prepared on a statewide basis for the following audiences:
(1) Municipal, county, and state officials and employees;
(2) Students and teachers;
(3) Private solid waste scrap brokers, dealers, and processors;
(4) Businesses that use or could use recycled materials or which produce or could produce products from recycled materials, and persons who support or serve these businesses; and
(5) The general public.
Source: SL 1992, ch 254, § 50F.
34A-6-81. Solid waste management disposal fee--Calculation.
There is hereby imposed a solid waste management fee of a one dollar per ton for all municipal solid waste disposed of at a landfill facility. The fee shall be imposed upon the generator as a surcharge by the operator of the landfill facility at the time of disposal. The fee shall be calculated based upon actual disposal weight or if actual weight is not available each person served by the facility shall be considered to generate eight-tenths of a ton per year. Facilities subject to the fee imposed by § 34A-6-1.17 are not subject to the fee imposed by this section.
Source: SL 1992, ch 254, § 50H; SL 1993, ch 257, § 4.
34A-6-82. Payment of disposal fee by landfill owner--Accrual of obligation--Date due--Records.
The solid waste management fee imposed by § 34A-6-81 shall be paid by the owner of the landfill facility and remitted to the state treasury. The obligation of the owner to pay the fee accrues at the time the solid waste is disposed of at the landfill facility. This fee shall be 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. Facilities without scales that determine their fees on the basis of population served as provided for under § 34A-6-81 may submit one annual report and fee for the period July first to June thirtieth, inclusive, the report and fee due and payable on or before July thirty-first of the current year. Each operator of a landfill facility who is required to pay this fee shall keep complete and accurate records in such form as the secretary of revenue, by rules promulgated pursuant to chapter 1-26, may require.
Source: SL 1992, ch 254, § 50I; SL 1993, ch 257, § 5.
34A-6-83. Tire solid waste management fee on motor vehicles--Collection.
There is hereby imposed a solid waste management fee of twenty-five cents per tire, not to exceed one dollar per vehicle on each motor vehicle registered and licensed in this state. Before any vehicle is registered as a commercial or noncommercial motor vehicle pursuant to chapter 32-5 or 32-9, the county treasurer shall collect the solid waste management fee; and before any vehicle is registered as a commercial motor vehicle pursuant to chapter 32-10, the secretary of revenue shall collect the solid waste management fee.
Source: SL 1992, ch 254, § 50J; SL 1993, ch 34, § 6.
34A-6-84. Payment of tire management fee by owner of motor vehicle--Date due--Exemption for United States and Indian tribe property.
The solid waste management fee imposed by § 34A-6-83 shall be paid by the owner to the county treasurer or secretary of revenue at the registration and licensing of the motor vehicle, and the fee shall be remitted to the state treasury by the county treasurer or secretary of revenue on the same day as other registration and licensing fees are due and payable. Motor vehicles which are the property of the United States or the Indian tribes are not subject to the fee imposed by § 34A-6-83.
Source: SL 1992, ch 254, § 50K.
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.
Twenty-five percent of the fees received pursuant to §§ 34A-6-81 and 34A-6-82 shall be deposited in the environment and natural resources fee fund established in § 1-41-23 and shall be used to defray costs of administering the solid waste management program requirements of chapter 34A-6. All fees received pursuant to §§ 34A-6-83 and 34A-6-84 and seventy-five percent of the fees received pursuant to §§ 34A-6-81 and 34A-6-82 shall be deposited in the water and environment fund established in § 46A-1-60, and their expenditures shall be limited to the solid waste source reduction, recycling, and waste management program established in § 46A-1-83. Grants or loans from the water and environment fund shall be administered by the Board of Water and Natural Resources in accordance with the rules established for solid waste management grants or loans in § 46A-1-84. The board shall offer a grant or loan preference to recycling projects.
Source: SL 1992, ch 254, § 50L; SL 1996, ch 219, § 1; SL 2009, ch 13, § 2; SL 2016, ch 218, § 5, eff. Feb. 18, 2016; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 53, eff. Apr. 19, 2021.
34A-6-85.1. Financial assistance for statewide cleanup of waste tires.
In addition to the financial assistance provided for under § 34A-6-85, the Board of Water and Natural Resources shall expend an amount not to exceed two hundred fifty thousand dollars in fiscal years 1997 and 1998 from the fees collected pursuant to § 34A-6-83 in order to help defray the costs of a statewide cleanup of waste tires. These funds shall be used to clean up waste tires and waste tire piles that existed prior to July 1, 1998, until such time that the cleanup of those waste tires is completed. The board shall stipulate that any contractor awarded funds under this section shall use, to the maximum extent possible, prison laborers provided by the Department of Corrections. The Board of Water and Natural Resources shall promulgate rules pursuant to chapter 1-26 to specify eligibility criteria, application procedures, eligible uses of funds, and administration requirements for any financial assistance to be awarded pursuant to this section.
Source: SL 1996, ch 219, § 3.
34A-6-87. Illegal dumping penalties.
It is unlawful to willfully dispose of solid waste in a manner inconsistent with the provisions of this chapter. Illegal disposal of solid waste in a quantity less than ten pounds shall constitute littering as provided in chapter 34A-7. Any person illegally disposing of solid waste in a quantity of ten pounds or more, but less than two thousand pounds or who unintentionally disposes of solid waste in excess of two thousand pounds in a manner inconsistent with this chapter is guilty of illegal dumping in the second degree. Any person who knowingly and intentionally disposes of solid waste in a manner inconsistent with the provisions of this chapter in a quantity in excess of two thousand pounds is guilty of illegal dumping in the first degree. Illegal dumping in the first degree is a Class 6 felony. Illegal dumping in the second degree is a Class 1 misdemeanor.
Source: SL 1992, ch 254, § 50N; SL 1993, ch 172, § 2; SL 1993, ch 262.
34A-6-87.1. Disposal of tire waste--Collection or processing sites--Penalties for violations.
Any person hauling or transporting any waste tire as defined in subdivision 34A-6-61(25), originating from a wholesaler or retailer shall ensure the proper disposal of the waste tire at a department approved waste tire collection or processing site, or that it is used in some other manner approved by the department. The board may promulgate rules, pursuant to chapter 1-26, setting forth the requirements and procedures for department approval of waste tire collection, processing sites, or other approved uses for waste tires. Any waste tire hauler or transporter who intentionally disposes of any waste tire in a manner inconsistent with the provisions of this section is 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, or for costs to clean up sites not approved, or both. The violator is also subject to the criminal penalties provided for in § 34A-6-87.
Source: SL 1998, ch 202, § 1.
34A-6-89. Scale device required--Records--Report--Contents--Permit for longer capacity disposal.
Any solid waste facility permitted to dispose of solid waste in excess of one hundred thousand tons per year shall be equipped with a scale device, approved by the Department of Public Safety, and shall weigh and maintain records of the total amount of solid waste disposed of at the facility. On or before the fifteenth of each month, the facility shall submit to the department a report upon such forms as may be prescribed by the department in rules promulgated pursuant to chapter 1-26. The report shall state the total amount of solid waste disposed of at the facility in the preceding month. The forms shall contain a sworn certification by the owner or operator that the information contained in the monthly report is true and correct based upon his own best information, knowledge, and belief. No facility may dispose of solid waste in excess of one hundred fifty thousand tons per year without a permit authorizing the capacity of the facility to dispose of solid waste in such quantities as provided in § 34A-6-1.16.
Source: SL 1992, ch 254, § 50Q; SL 2004, ch 17, § 231.
34A-6-91. Wholesaler or retailer exchange of lead acid batteries.
Any wholesaler or retailer of lead acid batteries shall accept, on a one for one exchange basis, used lead acid batteries and shall ensure the proper handling and disposal of the batteries.
Source: SL 1992, ch 254, § 50U.
34A-6-92. Beverage containers, garbage bags, and plastic packaging materials--Preemption--Specially designated garbage bags.
The provisions of chapter 34A-7 relating to beverage containers, garbage bags, and garbage can liners, auxiliary containers, and § 34A-6-68 relating to uniform recycling codes for plastic containers, preempt all laws by any other political subdivision of the state relating to auxiliary containers, beverage containers, garbage bags, straws used for beverage consumption, or plastic packaging materials. No other political subdivision of the state may enact any law restricting the use in commerce of auxiliary containers, beverage containers, garbage bags, straws used for beverage consumption, or plastic packaging materials. Nothing in §§ 34A-6-59 to 34A-6-92, inclusive, may be construed to limit a political subdivision from allowing or requiring specially designated garbage bags for the purpose of identifying volume or type of waste or restricting the use of glass bottles and containers within park or recreation sites and facilities due to public safety concerns.
Source: SL 1992, ch 254, § 50V; SL 2020, ch 153, § 1.
34A-6-93. Infectious waste defined.
For purposes of this chapter, the term, infectious waste, means medical waste that contains any disposable equipment, instruments, utensils, human tissue, laboratory waste, blood specimens, or substances that carry pathogenic organisms from rooms of patients who have been diagnosed or are suspected of having a communicable disease; disposable substances that carry pathogenic organisms; and surgical operating room pathogenic specimens or substances that carry pathogenic organisms.
The following do not constitute infectious waste:
(1) Hazardous waste;
(2) Household waste or household-type waste generated in a facility;
(3) Ash from incineration of regulated medical waste;
(4) Residues from treatment and destruction processes once the waste has been both treated and stored;
(5) Human corpses, remains, and anatomical parts that are intended for interment or cremation;
(6) Etiologic agents being transported interstate pursuant to applicable shipping requirements;
(7) Samples of regulated medical waste transported off-site for enforcement purposes by the United States Environmental Protection Agency or the state; and
(8) Animal carcasses or body parts that result from the diagnosis and treatment of animal diseases.
Source: SL 1992, ch 259, § 1.
34A-6-93.1. Medical waste defined.
For purposes of this chapter, medical waste means disposable equipment, instruments, utensils, human tissue, laboratory waste, blood specimens, or other substances that could carry pathogenic organisms.
Source: SL 2013, ch 167, § 1; SL 2015, ch 193, § 2.
34A-6-94. Unlawful possession of infectious waste in the second degree--Violation as misdemeanor.
Except as permitted in this chapter, no person may:
(1) Knowingly and intentionally possess more than twenty gallons or two hundred pounds, whichever is less, of an aggregate weight or volume of infectious waste at a place other than the facility at which such waste was generated; or
(2) Recklessly possess more than forty gallons or four hundred pounds, whichever is less, of an aggregate weight or volume of waste at a place other than the facility at which such waste was generated.
A violation of this section constitutes unlawful possession of infectious waste in the second degree and is a Class 1 misdemeanor.
Source: SL 1992, ch 259, § 2.
34A-6-95. First degree unlawful possession of infectious waste--Felony.
Except as permitted in this chapter, no person may:
(1) Knowingly and intentionally possess more than three hundred gallons or three thousand pounds, whichever is less, of an aggregate weight or volume of infectious waste at a place other than the facility at which such waste was generated; or
(2) Recklessly possess more than five hundred gallons or five thousand pounds, whichever is less, of an aggregate weight or volume of infectious waste at a place other than the facility at which such waste was generated.
A violation of this section constitutes unlawful possession of infectious waste in the first degree and is a Class 6 felony.
Source: SL 1992, ch 259, § 3.
34A-6-96. Unlawful release of infectious waste in fourth degree.
A person is guilty of unlawful release of infectious waste in the fourth degree if the person with criminal negligence, engages in conduct which causes the release to the environment of infectious waste. Unlawful release of infectious waste in the fourth degree is a Class 1 misdemeanor.
Source: SL 1992, ch 259, § 4.
34A-6-97. Unlawful release of infectious waste in third degree.
A person is guilty of unlawful release of infectious waste in the third degree if the person:
(1) Recklessly engages in conduct which causes the release to the environment of infectious waste; or
(2) Knowingly engages in conduct which causes the release to the environment of infectious waste.
Unlawful release of infectious waste in the third degree is a Class 6 felony.
Source: SL 1992, ch 259, § 5.
34A-6-98. Unlawful release of infectious waste in second degree.
A person is guilty of unlawful release of infectious waste in the second degree if the person:
(1) Knowingly or recklessly engages in conduct which causes the release to the environment of infectious waste which includes any quantity of infectious waste which is capable at the time of transport, or at any time thereafter, of causing disease, or physical injury; or
(2) Knowingly or recklessly engages in conduct constituting a single criminal transaction which causes the release to the environment of more than five hundred gallons or five thousand pounds, whichever is less, of infectious waste.
Unlawful release of infectious waste in the second degree is a Class 5 felony.
Source: SL 1992, ch 259, § 6.
34A-6-99. Unlawful release of infectious waste in first degree.
A person is guilty of unlawful release of infectious waste in the first degree if the person:
(1) Knowingly engages in conduct which causes the release to the environment of infectious waste, which includes any quantity of infectious waste which is capable at the time of transport, or at any time thereafter, of causing serious physical injury or death to any person who is not a participant in the crime; or
(2) Knowingly engages in conduct constituting a single criminal transaction which causes the release to the environment of more than one thousand gallons or ten thousand pounds, whichever is less, of an aggregate weight or volume of infectious waste.
Unlawful release of infectious waste in the first degree is a Class 4 felony.
Source: SL 1992, ch 259, § 7.
34A-6-100. Unlawful dealing in infectious waste.
No person may, with intent to cause an unlawful release of infectious waste:
(1) Transfer, transport, repackage, or convey the waste to another person, thereby causing the other person to possess, store, transport, or dispose of the infectious waste in violation of this chapter; or
(2) Receive or agree to receive a benefit in exchange for possessing, storing, transporting, or disposing of infectious waste in violation of this chapter; or
(3) Confer or offer or agree to confer a benefit upon another person to induce the person to possess, store, transport, or dispose of infectious waste in violation of this chapter.
Unlawful dealing in infectious waste is a Class 5 felony.
Source: SL 1992, ch 259, § 8.
34A-6-101. Court-imposed monetary penalties.
If a person is convicted of a crime under the provisions of §§ 34A-6-93 to 34A-6-102, inclusive, the sentence of the court, in addition to the penalties provided in §§ 22-6-1 and 22-6-2, may include the following:
(1) Payment of the cost of restoring to its original state the area where infectious waste was released unlawfully in violation of the provisions of this chapter;
(2) A sentence to pay a fine in an amount fixed by the court, not exceeding the higher of:
(a) One hundred fifty thousand dollars for a Class 4 felony;
(b) One hundred thousand dollars for a Class 5 felony;
(c) Fifty thousand dollars for a Class 6 felony;
(d) Fifteen thousand dollars for a Class 1 misdemeanor; or
(e) Double the amount of the defendant's gain from the commission of the crime.
Source: SL 1992, ch 259, § 9.
34A-6-102. Disposition of fines.
All fines and penalties collected pursuant to §§ 34A-6-93 to 34A-6-102, inclusive, shall be deposited in the regulated substance response fund established in § 34A-12-3.
Source: SL 1992, ch 259, § 10.
34A-6-102.1. Unlawful release of medical waste to recycling disposal destination--Misdemeanor.
A person, as defined in subdivision 22-1-2(31), but excluding any natural person is guilty of unlawful release of medical waste if the person with negligence engages in conduct which causes the release of medical waste to a recycling disposal destination. Any natural person is guilty of unlawful release of medical waste if the person with negligence engages in conduct which causes the release of medical waste from a residence to a recycling disposal destination with knowledge of the prohibition contained in this section. Unlawful release of medical waste is a Class 2 misdemeanor.
Source: SL 2013, ch 167, § 2; SL 2015, ch 193, § 1.
34A-6-102.2. Actual knowledge of hauler or transporter required.
No hauler or transporter of waste may be prosecuted for unlawful release of medical waste under § 34A-6-102.1 unless the hauler or transporter of waste had actual knowledge that medical waste had been placed in the hauler or transporter's dumpster by another person before the waste was released to the recycling center.
Source: SL 2013, ch 167, § 3.
34A-6-103. County approval required for solid waste or medical waste transportation, storage, treatment or disposal.
Any application to the Board of Minerals and Environment or the secretary for a new permit or first authorization to operate under a general permit for a facility for the transportation, storage, treatment, or disposal of solid waste or medical waste pursuant to this chapter shall include a resolution by the governing body of the county in which the facility is to be located approving the proposed facility. Approval by the county within no more than twenty-four months before the issuance of the new permit or first authorization by the Board of Minerals and Environment or the secretary is a condition for the issuance of the permit or authorization. Approval granted under this section may only be rescinded by the county before the new permit or first authorization is issued and only if a significant change in the size, purpose, or location of the proposed facility has occurred.
Source: SL 1992, ch 258; SL 1996, ch 220, § 1.
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.
The county may not grant approval for a municipal solid waste landfill, materials recovery facility, or incinerator under § 34A-6-103 unless at least two meetings of the county board of commissioners have been held to consider the question of county approval. The first meeting shall include an explanation of the state solid waste permitting process and the requirement for county approval pursuant to § 34A-6-103. The county may, at the first meeting, issue a preliminary approval of the facility. If the county board of commissioners grants preliminary approval at the first meeting, a second meeting shall be held at least one hundred twenty days after the preliminary approval was granted. The county shall publish notice of the second meeting in the official newspapers of the county at least twice in each of the two consecutive thirty-day periods immediately preceding the second meeting. The county board of commissioners may grant official approval for purposes of § 34A-6-103 at the second meeting. At the first meeting, the applicant shall present the following information with respect to the proposed facility:
(1) Size and capacity;
(2) Location and legal description;
(3) Area to be served by the facility;
(4) Type of waste to be accepted;
(5) Types of state permits to be applied for;
(6) If applicable, the type of liner and leachate collection system;
(7) If the facility is to include an incinerator, the type and model of the incinerator;
(8) If the facility is for the disposal of ash, the method of disposal of the ash;
(9) Expected lifespan of the facility; and
(10) If the facility is a materials recovery facility, information about the type of materials recovery facility and whether the materials will be presorted or commingled.
The applicant shall reimburse the county for the cost to publish the notice required by this section.
Source: SL 1996, ch 220, §§ 2, 3.
34A-6-104. Promulgation of certain rules in state solid waste programs.
The board may promulgate rules pursuant to chapter 1-26, in order to implement the provisions of 40 CFR parts 257 and 258 as amended to January 1, 1993, in a state solid waste program approved by the United States Environmental Protection Agency.
Source: SL 1993, ch 257, § 9.
34A-6-105. Big Stone power plant approved.
Pursuant to the provisions of § 34A-6-53, the Legislature hereby approves the operation of the Big Stone Power Plant near Big Stone City, South Dakota, with respect to the disposal of solid waste and finds that the facility is environmentally safe according to regulations in effect in 1993 and as permitted by the Board of Minerals and Environment and is in the public interest. The operation shall be in accordance with the terms of a solid waste permit or permit renewal issued by the Board of Minerals and Environment.
Source: SL 1993, ch 260.
34A-6-106. Sioux Falls/Regional Sanitary Landfill approved.
Pursuant to the provisions of § 34A-6-53, the Legislature hereby approves the operation of the Sioux Falls/Regional Sanitary Landfill located near Sioux Falls, South Dakota, with respect to the disposal of solid waste and finds that the facility is environmentally safe and in the public interest. The operation shall be in accordance with the terms of a solid waste permit or permit renewal issued by the Board of Minerals and Environment.
Source: SL 1997, ch 211, § 1.
34A-6-107. Purchase of certain beer kegs by recycler, scrap metal dealer, or scrap yard operator prohibited--Violation as misdemeanor.
No recycler, scrap metal dealer, or scrap yard operator may purchase any metal beer keg, whether damaged or undamaged, except from the brewer or its authorized representative, if:
(1) The keg is clearly marked as the property of a brewery manufacturer; or
(2) The keg's identification markings have been made illegible.
A violation of this section is a Class 2 misdemeanor.
Source: SL 2008, ch 178, § 1.
34A-6-108. Definition of terms.
Terms used in this section and §§ 34A-6-109 to 34A-6-112, inclusive, mean:
(1) "Industrial or commercial account," any person or business, including a scrap metal business, operating from a fixed location, that sells nonferrous metal to a scrap metal recycler pursuant to a contractual arrangement or agreement;
(2) "Law enforcement officer," any law enforcement officer as defined in § 23-3-7;
(3) "Nonferrous metal property," any metal property for which the value of the metal property is derived from the property's content of copper, brass, aluminum, bronze, lead, zinc, platinum, rhodium, palladium, or nickel, or any of their alloys, including detached catalytic converters. Aluminum does not include any food or beverage containers, except for a beer keg;
(4) "Record," a paper, electronic, or other method of storing information;
(5) "Scrap metal business," any scrap metal supplier, scrap metal recycling center, or scrap metal processor;
(6) "Transaction," a pledge to buy, the purchase of, or the trade for any nonferrous metal property by a scrap metal business from any person. A transaction does not include a sale or trade involving any industrial or commercial account.
Source: SL 2008, ch 179, § 1; SL 2022, ch 139, § 1.
34A-6-109. Scrap metal business--Recordkeeping requirements.
Each scrap metal business shall keep records of each transaction involving the purchase of nonferrous metal property that exceeds one hundred dollars, provided that records of any transaction involving a detached catalytic converter must be kept regardless of purchase price. The scrap metal business shall be able to produce an accurate and legible record of each transaction involving nonferrous metal property at the location where the scrap metal is purchased. The records shall contain the following:
(1) Date, location, and value of the transaction;
(2) Signature of the person selling the nonferrous metal property;
(3) Name, street address, city, and state of the seller;
(4) Photocopy of the seller's current driver license or other government issued picture identification card;
(5) A description of the predominant types of nonferrous metal property involved in the transaction, including the weight, quantity, or volume of the scrap nonferrous metal; and
(6) Name of the employee representing the scrap metal business in the transaction.
Source: SL 2008, ch 179, § 2; SL 2019, ch 161, § 1; SL 2022, ch 139, § 2.
34A-6-109.1. Purchases to be made by check or electronic funds transfer.
Any payment for the purchase of nonferrous metal property that exceeds one hundred dollars shall be made by either check or electronic funds transfer.
Source: SL 2019, ch 161, § 2.
34A-6-109.2. Purchase of catalytic converters--Limitations.
Only a scrap metal business with a valid state sales tax license may purchase a detached catalytic converter.
A person may not purchase, trade for, or pledge to buy a detached catalytic converter, or offer or advertise to purchase, trade for, or pledge to buy a detached catalytic converter, unless the person follows the requirements under §§ 34A-6-108 to 34A-6-112, inclusive.
Source: SL 2022, ch 139, § 3.
34A-6-110. Scrap metal business records open to inspection by law enforcement officers.
The record required by §§ 34A-6-108 to 34A-6-112, inclusive, shall be open to the inspection of any law enforcement officer at all times during the ordinary hours of business or at reasonable times if ordinary hours of business are not kept. The record shall be maintained at the location that the business is conducted for one year following the date of the transaction.
Source: SL 2008, ch 179, § 3.
34A-6-111. Copies of scrap metal business records--Report of lost or stolen nonferrous metal property.
If a copy of the record of the transaction is requested by a law enforcement officer, a scrap metal business shall furnish a full, true, and correct transcript of the record from the purchase or receipt of the nonferrous metal property. This record shall be provided or transmitted to the applicable law enforcement agency within two business days.
If the scrap metal business has good cause to believe that any nonferrous metal property in the business's possession is lost or stolen, the scrap metal business shall promptly report that fact to a law enforcement officer, together with the name of the owner, if known, and the date of transaction and the name of the person from whom it was received.
Source: SL 2008, ch 179, § 4.
34A-6-112. Hold on nonferrous metal item suspected to be lost or stolen.
If the scrap metal business is notified by a law enforcement officer that an item of nonferrous metal property has been reported as stolen, a scrap metal business shall hold that property intact and safe from alteration, damage, or commingling, and shall place an identifying tag or other suitable identification on the property. The scrap metal business shall hold the property for a period of time as directed by the law enforcement agency up to a maximum of ten business days.
A law enforcement officer may not place on hold any item of nonferrous metal property unless that law enforcement agency reasonably suspects that the property is a lost or stolen item. Any hold that is placed on the nonferrous metal property shall be removed within ten business days. If the property on hold is determined not to be lost or stolen, the nonferrous metal property shall be returned to the owner or released.
Source: SL 2008, ch 179, § 5.
34A-6-113. Disposal of certain oil and gas field liquid wastes prohibited.
No saltwater, crude oil, waste oil, or other oil or gas field liquid wastes may be stored in an earthen pit or open receptacle unless the facility is directly associated with the development of a specific well or producing property and receives liquid wastes only from that specific well or producing property.
Source: SL 2013, ch 168, § 1.
34A-6-114. Disposal of certain radionuclides at solid waste facility prohibited.
Radionuclides found in nature, such as radium, thorium, and uranium, that have become concentrated through human activities, and which have been generated during oil and gas production activities with a total laboratory-measured radioactivity level of Radium-226 plus Radium-228 greater than 5 picocuries/gram above the background radioactivity level, are prohibited from being disposed of at any solid waste facility permitted under this chapter. The background radioactivity level is as measured at each individual permitted solid waste facility. All radioactivity levels shall be measured using methods and procedures approved by the Department of Agriculture and Natural Resources.
Source: SL 2013, ch 168, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
