TITLE 34A
ENVIRONMENTAL PROTECTION
Chapter
01 Air Pollution Control
02 Water Pollution Control
02A Chemigation
02B Livestock Discharge Control
03 Water Supply And Treatment System Operators
03A Safe Drinking Water
04 Sanitary Licensees [Repealed]
05 Sanitary Districts
06 Solid Waste Management
07 Litter Disposal And Control
08 Endangered And Threatened Species
08A Species Of Management Concern
09 Environmental Impact Of Governmental Actions
10 Remedies For Protection Of Environment
11 Hazardous Waste Management
12 Regulated Substance Discharges
13 Petroleum Inspection And Release Compensation
14 Petroleum Environmental Compliance Authority [Repealed]
15 Limitation On Liability Of Lenders For Environmental Damage
16 Regional Recycling And Waste Management Districts
17 Uniform Environmental Covenants Act
18 Oil Pipelines
34A-1-1
Policy of state--Purpose of chapter.
34A-1-2
Definition of terms.
34A-1-3
Repealed.
34A-1-4
Technical and operational services secured by secretary.
34A-1-5
Administration of chapter--Board functions--Enforcement as to radioactive
substances.
34A-1-6
Promulgation of rules--Purpose--Violation.
34A-1-6.1 to 34A-1-8. Repealed.
34A-1-9
Studies, investigations and educational activities of department.
34A-1-10
Cooperation by department with other agencies, persons, and groups.
34A-1-11
Classification of air contaminant sources--Reporting requirements.
34A-1-12
Records and reports required on air contaminant sources--Monitoring and sampling
methods--Other information--Violation.
34A-1-13
Access to records relating to air pollution emissions.
34A-1-14
Records and information available to public--Exception to protect trade secrets--Authorized use--Violation as misdemeanor.
34A-1-15
Establishment of ambient air quality standards--Violation.
34A-1-16
Specification of fuels permitted in state--Violation.
34A-1-17
Contamination within plant excluded from jurisdiction.
34A-1-18
Emission control and open burning requirements--Local control--Nonconformance
as violation.
34A-1-19
Emission control methods and devices required--Permission to use alternative
methods--Violation.
34A-1-20
Maintenance of motor vehicle emission control devices--Violation.
34A-1-21
Permits required for air pollutant equipment and control devices--Applications--Rules--Recommendations by secretary--Hearings--Violation--Actions taken without
a permit or in violation of permit conditions as misdemeanors.
34A-1-22
Prevention of stationary pollution sources not in compliance.
34A-1-23
Particular manufacturer not to be favored by requirements.
34A-1-24 to 34A-1-27. Repealed.
34A-1-28
Repealed.
34A-1-29 to 34A-1-35. Repealed.
34A-1-36
Municipal and county programs approved by board--Application to state facilities.
34A-1-37
Municipal and county cooperation with other agencies.
34A-1-38
Control of air contaminant sources beyond capability of local authority.
34A-1-39
Civil action for violation--Penalty.
34A-1-40
Investigations on board's own initiative--Petition by local board or electors.
34A-1-41
Entry for inspection to determine compliance--Refusal of access prohibited.
34A-1-42
Report of inspection furnished to owner or operator.
34A-1-43
Hearings by board--Procedural powers.
34A-1-44
Issuance and enforcement of orders.
34A-1-45
Emergency order for immediate reduction or discontinuance of emissions.
34A-1-46
Hearing requested on emergency order--Action by board.
34A-1-47
Notice of violation--Order for corrective action--Civil penalty.
34A-1-48
Hearing requested on order for corrective action--Time allowed.
34A-1-49
Contested case proceeding in lieu of order--Consent agreement.
34A-1-50
Board orders after hearing.
34A-1-51 Time allowed for corrective action in board order.
34A-1-52 Enforcement remedies not barred by actions for penalties.
34A-1-53 Voluntary compliance effort not precluded.
34A-1-54 Private remedies unimpaired.
34A-1-55 Repealed.
34A-1-56 General permits for categories of air pollution sources--Terms and conditions--Modification, suspension or revocation--Violation.
34A-1-57 State administration of air pollution control program--Imposition of fees.
34A-1-58 Annual fee--Calculation--Annual adjustment of fee--Use of proceeds--Existing sources of pollution--Written notice from department.
34A-1-58.1 Ethanol production plants--Application and annual fees.
34A-1-59 Establishment of air quality subfund--Source of subfund--Administration--Expenditures--Unexpended funds.
34A-1-60 Owner or operator to pay annual fee--Date due.
34A-1-61 Permit revocation, modification, or suspension--Fees.
34A-1-62 Additional penalty for knowingly violating provisions of this chapter.
34A-1-63 Definitions pertaining to clean air act settlement fund.
34A-1-64 Clean air act settlement fund created.
CHAPTER 34A-2
WATER POLLUTION CONTROL
34A-2-1 Legislative findings and policy.
34A-2-2 Definition of terms.
34A-2-3 34A-2-3 to 34A-2-5. Repealed by SL 2013, ch 166, §§ 16 to 18.
34A-2-6 Planning consistent with federal requirements--Maximum daily loads.
34A-2-7 34A-2-7, 34A-2-8. Repealed by SL 2013, ch 166, §§ 19, 20.
34A-2-10 Classification of waters.
34A-2-11 Water quality standards--Factors considered--Objectives--Violation.
34A-2-11.1 Presumption favoring existing quality standards.
34A-2-12 Regulation of public water supplies--Violation.
34A-2-12.1 34A-2-12.1. Repealed by SL 1997, ch 208, § 1.
34A-2-13 Effluent standards--Minimum requirements--Violation.
34A-2-14 Pretreatment standards for industrial users of inadequate public treatment works--Violation.
34A-2-15 Violation of pretreatment standards for industrial user--Implementation of Federal Water Pollution Control Act.
34A-2-16 Enforcement of pretreatment standards for industrial users.
34A-2-17 Periodic review of classification and standards.
34A-2-18 Procedure for establishment of classification, standards or rules.
34A-2-19 34A-2-19. Repealed by SL 1992, ch 158, § 19.
34A-2-20 Establishment of waste treatment requirements.
34A-2-21 Causing pollution of waters prohibited--Placement of wastes--Violation.
34A-2-22 Reduction of existing water quality by discharge of waste prohibited--Violation as nuisance.
34A-2-23 34A-2-23. Repealed by SL 1992, ch 158, § 22.
34A-2-24 Discharge of wastes allowed when economic or social necessity found--Exception.
34A-2-25 Technology considered in determining economic justification for waste.
34A-2-26 Biennial review of decisions to allow discharge waste.
34A-2-27 Construction permits required for activities discharging wastes into water--Violation.
34A-2-28 Rules for permits to discharge wastes--Plans and specifications for disposal systems--Violation.
34A-2-29 Plans, specifications, and information required by secretary.
34A-2-30 Rules regarding permit procedure.
34A-2-31 Issuance, revocation, or denial of permits to discharge waste.
34A-2-32 Examination and approval or disapproval of plans for discharge of waste--Changes in plans.
34A-2-33 Certification of compliance with federal pollution control requirements.
34A-2-34 Rules for grant or denial of certification--Procedural requirements of rules.
34A-2-35 Public hearing on permit to discharge waste--Notice--Uncontested recommendation.
34A-2-36 Permit to discharge waste into surface waters required--Issuance--Maximum duration--Standards to be met--Violation.
34A-2-36.1 Permit to discharge waste into underground waters--Issuance--Maximum duration--Standards to be met--Violation.
34A-2-36.2 Concentrated animal feeding operation--Permit.
34A-2-36.3 Permit required for large operations.
34A-2-37 Effluent limitations enforced in issuance of permits.
34A-2-38 Limitations on volume and strength of waste discharged under permit--Specification of limitations and conditions.
34A-2-39 Schedules of compliance in permits for discharge.
34A-2-39.1 Extension of time to meet quality and effluent standards.
34A-2-40 Recording, reporting and inspection conditions in permit to discharge.
34A-2-41 Conditions in permits issued for publicly owned treatment works.
34A-2-42 Changes to be reported under permit for publicly owned treatment works.
34A-2-43 Discharges which may not be authorized by permit.
34A-2-44 Records, monitoring and reporting required on pollution sources.
34A-2-45 Inspection powers with respect to pollution sources.
34A-2-46 Right of entry on premises where pollution produced.
34A-2-47 34A-2-47. Repealed by SL 2013, ch 166, § 21.
34A-2-48 Orders to clean up material spilled--Violation.
34A-2-49 Grounds for revocation, suspension, or modification of permit.
34A-2-50 Notice of denial, revocation, suspension, or modification of permit--Hearing--Decision by secretary.
34A-2-51 Effective date of revocation, suspension, or modification of permit.
34A-2-52 Procedural requirements in dealing with violations.
34A-2-53 Notice to correct violations--Contents--Civil penalty.
34A-2-54 Hearing on violation--Notice.
34A-2-55 Time of hearing on violation--Respondent's request for change of time.
34A-2-56 Respondent's request for hearing on violation--Time of filing--Time of hearing.
34A-2-57 Procedure in hearing on violation--Venue.
34A-2-58 Parties permitted to appear and present evidence at hearing on violation.
34A-2-59 Record of hearing on violation.
34A-2-60 Board's decision and order to abate pollution--Times prescribed in order--Civil penalty for violation.
34A-2-61 34A-2-61 to 34A-2-63. Repealed by SL 1988, ch 285, §§ 25 to 27.
34A-2-64 Order not stayed by appeal--Findings required to grant stay.
34A-2-65 Judicial enforcement of order pending appeal.
34A-2-66 Legal representation of board in appeal.
34A-2-67 Appeal bond not required of state or board.
34A-2-68 Emergency order by secretary to stop pollution--Effective immediately--Preventive action by secretary--Violation.
34A-2-69 Notice of emergency order.
34A-2-70 Hearing on emergency order--Time and procedure for hearing.
34A-2-71 34A-2-71. Repealed by SL 1988, ch 285, § 31.
34A-2-71.1 Investigation of discharge polluting state waters--Responsible person.
34A-2-72 Action in circuit court for immediate restraint of pollution.
34A-2-73 Action by department to enjoin violations--Temporary injunction and restraining order.
34A-2-74 Initiation of action to recover penalties.
34A-2-75 Violations classified as misdemeanor--Criminal and civil penalties.
34A-2-76 34A-2-76. Repealed by SL 1992, ch 158, § 29.
34A-2-77 False representation or tampering with monitoring device prohibited--Violation.
34A-2-78 Alternative remedies not barred by invoking penalties.
34A-2-79 Remedies under chapter alternative to remedies under other law.
34A-2-80 34A-2-80 to 34A-2-81. Repealed by SL 2013, ch 166, §§ 22 to 24.
34A-2-82 Acceptance of grants for water pollution control.
34A-2-83 34A-2-83 to 34A-2-85. Repealed by SL 1986, ch 291, §§ 7 to 9.
34A-2-86 34A-2-86, 34A-2-87. Repealed by SL 2013, ch 166, §§ 25, 26.
34A-2-87.1 34A-2-87.1 to 34A-2-92.4. Repealed by SL 1986, ch 291, §§ 10 to 25.
34A-2-93 Promulgation of rules by board.
34A-2-94 Public availability of records and information obtained under chapter--Trade secrets exception.
34A-2-95 34A-2-95. Repealed by SL 2011, ch 165, § 59.
34A-2-96 Petroleum substances discharged into state waters--Liability for containment and recovery costs--Violation.
34A-2-97 Petroleum substances discharged into state waters--Notice to secretary required--Restriction on use of information in criminal proceeding--Violation.
34A-2-98 Underground storage tanks--Definitions.
34A-2-99 Underground storage tanks--Promulgation of rules--Violation.
34A-2-100 Above ground stationary storage tank defined.
34A-2-101 Promulgation of rules--Public health and water protection--Violation.
34A-2-102 Installation of above ground stationary storage tank for storage of regulated substances prohibited--Exceptions--Violation.
34A-2-103 Statement of groundwater protection strategy--Coordination of activities.
34A-2-104 Legislative findings--Declaration of public policy.
34A-2-104.1 34A-2-104.1. Repealed by SL 1996, ch 265, § 14.
34A-2-105 Conditions requiring submission of preventative action plan--Contents--Violation.
34A-2-106 Development and administration of certain ongoing programs--Review and revision by secretary.
34A-2-107 Standards used in prioritizing groundwater prevention efforts--Other factors for consideration.
34A-2-108 Repealed
34A-2-109 Formation of state management plans for use of fertilizers and pesticides to protect waters and prevent pollution.
34A-2-110 34A-2-110. Repealed by SL 2005, ch 237, § 13.
34A-2-111 Complaint required to be signed.
34A-2-112 General permit for category of water pollution control--Secretary issued--Terms and conditions--Suspension, revocation or modification--Violation.
34A-2-113 Procedure for issuance, suspension, revocation and renewal of permits--Hearing--Uncontested recommendation.
34A-2-114 Administration of national pollutant discharge elimination system permit program for pretreatment surface water discharge systems--Fee.
34A-2-115 Sewage sludge, toxic pollutants, and significant industrial user defined.
34A-2-116 Development of pretreatment programs for publicly owned treatment works--Assumption of local responsibilities by secretary on request.
34A-2-117 Annual fee on facilities permitted under the national pollutant discharge elimination system.
34A-2-118 Publicly-owned treatment works fee schedule.
34A-2-119 Industrial and governmental treatment works fee schedule.
34A-2-119.1 Annual stormwater fees on construction and industrial sites.
34A-2-120 Fee schedule for other entities.
34A-2-121 Establishment of surface water discharge and pretreatment administrative subfund--Source of funds--Administration--Expenditures--Unexpended funds.
34A-2-122 Owner or operator of surface water discharge or pretreatment system to pay annual fees--Application fee--Dates due.
34A-2-123 Promulgation of rules on disposal of sewage sludge.
34A-2-124 General permit for category of water pollution control--Effective period--Modification, suspension, or revocation--Violation.
34A-2-125 Fee on certain concentrated animal feeding operations--Subfund created.
34A-2-126 Administrative rules on underground injection control Class III wells and in situ leach mining tolled.
34A-2A-1
Definition of terms.
34A-2A-2
Use of irrigation system for chemigation--Compliance with standards and
requirements--Penalties for violation.
34A-2A-3
Promulgation of rules regarding standards and requirements.
34A-2A-4
Entry by chief engineer to determine compliance.
34A-2A-5
Repealed.
34A-2B-1
Definitions.
34A-2B-2
Environmental livestock cleanup fund--Sources of funding.
34A-2B-3
Expenditure of funds by secretary.
34A-2B-4
Disbursement of funds.
34A-2B-5
Reimbursement for corrective actions.
34A-2B-6
Compliance with conditions of permits--Discharge.
34A-2B-7
Violation--Corrective action.
34A-2B-8
Judicial remedies.
34A-2B-9
Violator's liability for expenses.
34A-2B-10
Lien on property--Notice--Priority of lien--Exceptions.
34A-2B-11
Other remedies.
CHAPTER 34A-3
WATER SUPPLY AND TREATMENT SYSTEM OPERATORS
34A-3-1 Definition of terms.
34A-3-2 Classification of plants and systems according to skill required.
34A-3-3 Certification of qualifications to supervise plants and systems.
34A-3-4 Plants and systems for which certified operators required.
34A-3-4.1 Operator certification to comply with federal Safe Drinking Water Act.
34A-3-5 Board of Certification created--Functions--Composition of board.
34A-3-6 34A-3-6. Repealed by SL 2013, ch 166, § 27.
34A-3-7 Terms of office of appointive members of board.
34A-3-8 Vacancy in appointive membership--Termination of membership.
34A-3-9 Chairman and officers of board--Secretary.
34A-3-10 34A-3-10. Repealed by SL 2013, ch 166, § 28.
34A-3-11 Duties of secretary.
34A-3-12 Functions performed by Department of Agriculture and Natural Resources and Board of Water Management.
34A-3-13 Certified operators required for plants and systems--Time allowed to qualify--Misdemeanor.
34A-3-14 Application for certification--Proof of fitness.
34A-3-15 Examination and certification of applicants.
34A-3-16 34A-3-16, 34A-3-17. Repealed by SL 2013, ch 166, §§ 29, 30.
34A-3-18 Certifications--Expiration--Renewal.
34A-3-19 Certifications--Fees--Deposit and use of funds.
34A-3-20 Agreements for reciprocal certification.
34A-3-21 Suspension or revocation of certificate for violations.
34A-3-22 Procedure for suspension or revocation.
34A-3-23 New certificate after suspension or revocation--Judicial review.
34A-3-24 Rules promulgated by secretary--Contents.
34A-3-25 34A-3-25. Repealed by SL 2011, ch 165, § 77.
34A-3-26 Civil fine for supervision of water treatment plant by uncertified operator.
34A-3A-1
Public policy.
34A-3A-2
Definitions.
34A-3A-3
Promulgation of rules establishing standards and compliance procedures--Violation.
34A-3A-4
Enforcement powers of secretary.
34A-3A-5
Variances of standards--Grounds for authorizing.
34A-3A-6
Exemption of public water supply systems--Requirements.
34A-3A-7
Action for variance or exemption--Notice--Hearing.
34A-3A-8 to 34A-3A-11.
Repealed.
34A-3A-12
Notice of variance, exemption, or violation of compliance schedule.
34A-3A-13
Notice by secretary on failure of supplier.
34A-3A-14
Application to public water systems.
34A-3A-15
Injunctive and declaratory relief.
34A-3A-16
Approval and certification of laboratory facilities and personnel.
34A-3A-17
Prevention of pollution of water supply systems--Development of
voluntary wellhead protection program--Specifications.
34A-3A-18
Water quality sample collected upon completion of well--Submission to
department--Time period--Minimum analyzation requirements.
34A-3A-19
State administration of the public water system supervision program--Fee.
34A-3A-20
Annual fee schedule for public water systems.
34A-3A-21
Repealed.
34A-3A-22
Establishment of the drinking water administrative subfund--Source of
subfund--Administration--Expenditures--Unexpended funds.
34A-3A-23
Owner or operator to pay fee imposed on public drinking water
system--Date due.
34A-3A-24
Certain animal feeding operations prohibited from locating over shallow
aquifer.
34A-3A-25
Promulgation of rules to carry out requirements of Federal Safe Drinking
Water Act--Violation.
34A-3A-26
Penalties for violation of chapter--Factors considered in determining
penalty--Disposition of funds collected.
34A-3A-27
Administrative order assessing penalty--Contents of order--Uncontested
order becomes judgment--Hearing on order.
34A-3A-28
Administrative penalty for violation of chapter.
CHAPTER 34A-5
SANITARY DISTRICTS
34A-5-1 Areas subject to incorporation as districts.
34A-5-2 Minimum population of district.
34A-5-3 Map of proposed district.
34A-5-4 34A-5-4. Repealed by SL 1998, ch 36, § 39.
34A-5-5 Survey, map, and census made available for public examination.
34A-5-6 Application for incorporation of district--Number of signatures required--Filing.
34A-5-7 Commissioners' order to incorporate district upon assent of electors--Name of district.
34A-5-8 34A-5-8 to 34A-5-10. Repealed by SL 1998, ch 36, §§ 43 to 45.
34A-5-11 Ballot form on question of incorporation--Majority required for approval.
34A-5-12 Canvass and return of election results--Order of county commissioners declaring incorporation.
34A-5-13 Expenditure of county funds for preliminary and election expenses--State funds.
34A-5-14 District as governmental subdivision and public body.
34A-5-14.1 Districts to be governed by board of trustees--Number of members.
34A-5-15 34A-5-15. Repealed by SL 1998, ch 36, § 48.
34A-5-16 Number and terms of office of district trustees--Inspectors' certificate as to persons elected.
34A-5-17 Election on increase in number of trustees.
34A-5-18 Notice of election--Separate ballots.
34A-5-19 Election of additional trustees if increase approved--Terms of office--Certification.
34A-5-20 Annual election of district officers.
34A-5-21 Nomination petitions for district trustee.
34A-5-21.1 Vacancies on board of trustees.
34A-5-21.2 Residency of district trustees.
34A-5-21.3 Published notice of vacancies--Content--Timeliness.
34A-5-22 Organization of board of trustees--President--Meetings.
34A-5-23 Expense reimbursement and compensation of trustees.
34A-5-24 Policies and regulations for business of board--Time of meetings--Quorum.
34A-5-25 Office of sanitary district--Record of proceedings.
34A-5-26 General powers of trustees.
34A-5-26.1 34A-5-26.1. Executed.
34A-5-27 Employment of personnel for district--Professional assistance.
34A-5-28 Trustees and employees not to be interested in district transactions.
34A-5-28.1 Trustee permitted to contract with district under certain conditions.
34A-5-29 Ordinances, resolutions, orders and regulations for district.
34A-5-29.1 Adoption by reference of ordinances of contracting municipality.
34A-5-29.2 Notice requirement for passage of new ordinance or resolution.
34A-5-30 Operation of sewers and disposal plants--Tax levies, assessments and bonds--Eminent domain.
34A-5-31 Proceedings governed by municipal laws--Eminent domain proceedings.
34A-5-32 Abandonment of pending condemnation action--Reconveyance to original owner on court order--Return of deposit--Retrospective operation.
34A-5-33 Sale of surplus real property held by sanitary district--Conduct of sale--Employment of agents--Offer to prior owner.
34A-5-34 Contracts with municipalities for sewage treatment and disposal.
34A-5-35 Requiring connections with sewers--Assessments and charges--Construction and inspection standards for private systems.
34A-5-36 Rates and charges for sanitary services--Measures for protection of bondholders.
34A-5-37 Rates and charges to be sufficient for operation of facilities and retirement of revenue bonds.
34A-5-38 Rates and charges for retirement of bonds in lieu of special assessment certificates--Financing of improvements.
34A-5-39 Sanitary districts not subject to certain municipal sewer system requirements.
34A-5-40 Certification of unpaid charges and tax levies--Collection with real estate taxes--Tax sales.
34A-5-41 Election on acquisition and operation of water system--Board powers on approval.
34A-5-42 Petition for annexation or exclusion of territory--Resolution of intention--Notice of hearing.
34A-5-43 Hearing and resolution to annex or exclude territory--County commissioners' approval required.
34A-5-44 Appeal to circuit court from denial of annexation or exclusion of territory--Notice, hearing and order of court.
34A-5-45 Recording of map and resolution after annexation or exclusion of territory.
34A-5-46 Formation of consolidated district authorized--Resolutions of governing bodies proposing formation.
34A-5-47 Election on formation of consolidated district--Form of ballot.
34A-5-48 Resolutions after approval of consolidated district by voters--Filing of proceedings.
34A-5-49 Property not acquired nor debts assumed by incorporation of consolidated district.
34A-5-50 Board of trustees for consolidated district.
34A-5-51 Contracts of consolidated district for purchase or use of sanitary facilities.
34A-5-52 Validation of prior proceedings of sanitary districts--Deadline for enforcing rights.
34A-5-53 Dissolution of district on voters' petition.
34A-5-54 Dissolution of district by directors' resolution on annexation to municipality--Notice and hearing--Appeal.
34A-5-54.1 Assumption of bonded indebtedness of district by municipality--Election.
34A-5-55 34A-5-55. Repealed by SL 2011, ch 165, § 108.
34A-5-56 Certified copy of budget to county auditors and secretary of revenue.
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-7-1
Definition of terms.
34A-7-2
Receptacles in public places.
34A-7-3
Property where receptacles required.
34A-7-4
Repealed.
34A-7-5, 34A-7-5.1. Repealed.
34A-7-5.2
Repealed.
34A-7-6
Littering prohibited--Exceptions--Violation as misdemeanor.
34A-7-7
Littering from motor vehicle prohibited--Transporting litter to highway or rest area
receptacles prohibited--Violation as misdemeanor.
34A-7-8
Motor vehicle littering as traffic violation--Forwarding of conviction report--Penalties not exclusive.
34A-7-9
Accumulation of litter on property prohibited--Violation as misdemeanor.
34A-7-10
Enforced removal of litter upon conviction of accumulation violation--Costs taxed
against violator.
34A-7-11
Injunction against continuing violators.
34A-7-12
Injunction of violations--Citizens' suits--Alternative or in addition to criminal
proceedings.
34A-7-13
Application of chapter throughout state--Home rule ordinances permitted.
34A-7-14
Ordinances to regulate litter authorized.
34A-7-15
Arrest for violation of municipal litter ordinance--Notice to appear--Time--Refusal
to give written promise to appear.
34A-7-16
Enforcement and prosecution.
34A-7-17
Punishment for litter with aggregate weight of over five pounds.
CHAPTER 34A-8
ENDANGERED AND THREATENED SPECIES
34A-8-1 Definition of terms.
34A-8-2 Investigation of wildlife by secretary--Information developed.
34A-8-3 Lists of endangered and threatened species promulgated--Basis for determination.
34A-8-4 Biennial review of lists of endangered and threatened species--Amendments.
34A-8-5 Lists of endangered or threatened species--Add or remove species.
34A-8-6 Departments to manage, protect, and restore endangered and threatened species.
34A-8-7 Programs and agreements for management of endangered species--Prairie dog control on private lands.
34A-8-8 Permitting capture of endangered and threatened species--Authorized purposes.
34A-8-9 Possession, transportation and sale of endangered and threatened species prohibited--Violation as misdemeanor.
34A-8-10 Importation, possession, sale, or purchase of endangered or threatened species under permit, license, or other documentation--Violation as misdemeanor.
34A-8-11 Permits for capture or destruction of, wildlife to protect life or property--Violation of permit--Emergency protection of human life.
34A-8-12 34A-8-12. Repealed by SL 1992, ch 158, § 50.
34A-8-13 Legislative approval required for reintroduction of species.
34A-8A-1
Definitions of terms in §§ 34A-8A-2 to 34A-8A-7.
34A-8A-2
Promulgation of list of species of management concern--Factors considered.
34A-8A-3
Joint promulgation of rules.
34A-8A-4
Departments authorized to render assistance regarding species of management
concern.
34A-8A-5
Acts or omissions constituting nuisances.
34A-8A-6
Remedies for nuisances.
34A-8A-7
Abrogation of certain previous designations.
34A-8A-8
Prairie dog management plan.
34A-8A-9
Changes or amendments to the state prairie dog management plan--Approval by
Legislature.
34A-9-1
Definition of terms.
34A-9-2
Actions subject to chapter.
34A-9-3
Actions not subject to chapter.
34A-9-4
Environmental impact statement authorized--Fee--Purpose.
34A-9-4.1
Selection of contractor to prepare statement.
34A-9-4.2
Continuous appropriation of environmental impact statement file.
34A-9-5
Draft impact statement--Contents.
34A-9-6
Purpose of draft impact statement--Scoping meetings--Form and contents.
34A-9-7
Contents of environmental impact statement.
34A-9-8
Circulation of draft statement for comment.
34A-9-9
Filing of impact statement and comments before taking action--Responses to
comments.
34A-9-10
Findings required as to compliance and actions to minimize environmental problems.
34A-9-11
Impact statement not required if federal statement required.
34A-9-12
Prospective application of chapter.
34A-9-12.1
Establishment of environmental impact statement preparation fund--Source of fund--Administration--Appropriation and expenditures.
34A-9-13
Citation of chapter.
CHAPTER 34A-10
REMEDIES FOR PROTECTION OF ENVIRONMENT
34A-10-1 Parties entitled to maintain actions against pollution.
34A-10-2 Parties entitled to intervene in proceedings involving pollution.
34A-10-2.1 Activity which could result in pollution, contamination, or degradation--Financial assurance concerning corrective action--Form and amount.
34A-10-2.2 Right and title in bond or security--Form and amount.
34A-10-2.3 Cleanup and remediation of environmental problems--Use of security.
34A-10-2.4 Authority to promulgate rules regarding terms and release of security and its disposition upon expiration of permit or license.
34A-10-2.5 Failure to comply with order--Injunctive relief.
34A-10-2.6 Cleanup and remediation of environmental problems--Use of oil and gas well security.
34A-10-3 Security required of plaintiff.
34A-10-4 Appointment of master or referee--Qualifications.
34A-10-5 Court remitting to administrative proceedings--Temporary relief--Retention of jurisdiction.
34A-10-6 Judicial review by court originally taking jurisdiction.
34A-10-7 Adjudication by court after administrative proceedings--Additional evidence.
34A-10-8 Detrimental conduct prohibited when reasonable alternative available.
34A-10-9 Defendant rebutting evidence of pollution.
34A-10-10 Affirmative defense of no reasonable alternative--Burden of proof and weight of evidence.
34A-10-11 Equitable relief against detrimental conduct--Conditions imposed on defendant.
34A-10-12 Apportionment of costs.
34A-10-13 Collateral estoppel--Res judicata.
34A-10-14 Chapter supplementary to other procedures.
34A-10-15 Citation of chapter.
34A-10-16 Enforcement action by department.
34A-10-17 Obtaining voluntary compliance--Administrative settlement agreements.
34A-11-1
Public policy.
34A-11-1.1
Repealed.
34A-11-2
Definitions.
34A-11-3
Department designated as state agency under federal law.
34A-11-4
Functions of department and board.
34A-11-4.1
Executed.
34A-11-5
Cooperation with other agencies and groups.
34A-11-6
Acceptance of loans and grants.
34A-11-7
Employment of personnel.
34A-11-8
Rules identifying characteristics and listing hazardous wastes.
34A-11-9
Promulgation of rules governing hazardous wastes--Civil penalty for
violation.
34A-11-9.1 to 34A-11-9.3.
Transferred.
34A-11-10
Notification of hazardous waste activity required--Civil penalty for
violation.
34A-11-11
Complaint alleging violation--Investigation--Report--Enforcement
action.
34A-11-12
Facility permits required--Issuance, modification, revocation,
suspension, or denial--Term--Civil penalty for violation.
34A-11-12.1
Fees for applications, amendments, and renewals--Costs assessed--Schedule of costs and fees.
34A-11-13
Application for permits--Rules--Hearings.
34A-11-14
Terms and conditions of permits--Civil penalty for violation.
34A-11-15
Revocation, modification, or suspension of permit--Grounds.
34A-11-16
Inspection of facilities and records--Monitoring equipment--Reports.
34A-11-16.1
Annual fee for inspection and monitoring.
34A-11-17
Notice and order for correction of violation.
34A-11-18
Hearing on violation--Time for request--Notice--Action by board.
34A-11-19
Circuit court action against violator--Injunction.
34A-11-20
Repealed.
34A-11-21
Violations classified as felonies.
34A-11-22
Public access to information--Confidential information excepted--Disclosure of protected information as misdemeanor.
34A-11-23
Other rights to abate nuisances and pollution unaffected.
34A-11-24
Hazardous waste revolving fund--Administration--Use of funds.
34A-11-25
Disposal fee levied by state--Records.
34A-11-26
County or municipal disposal fee--Distribution of fee shares.
CHAPTER 34A-12
REGULATED SUBSTANCE DISCHARGES
34A-12-1 Definition of terms.
34A-12-2 Repealed
34A-12-3 Regulated substance response fund established--Purpose--Source of funds--Continuous appropriation--Informational budget--Annual legislative review.
34A-12-3.1 Subfund created--Disbursement and use of funds.
34A-12-3.2 34A-12-3.2. Repealed by SL 1999, ch 182, § 1.
34A-12-4 Expenditure of funds by secretary--Grounds for expenditures.
34A-12-5 Department to perform administrative functions and corrective actions--Disbursements.
34A-12-6 Civil action by department for corrective action costs--Recovery of other costs.
34A-12-7 Promulgation of rules--List of regulated substances.
34A-12-8 Discharge of regulated substance prohibited--Exception.
34A-12-9 Report of discharge--Rules for reporting.
34A-12-10 Order to take corrective action--Injunctive action--Cease and desist order.
34A-12-11 Injunctive action for emergency remedial efforts.
34A-12-12 Strict liability for costs of corrective action.
34A-12-13 Corrective action costs as lien--Filing of notice of lien--Contents--Attachment--Priority.
34A-12-13.1 Authority to establish and enforce remediation requirements.
34A-12-14 Additional remedies.
34A-12-15 Deposit of certain moneys in response fund.
34A-12-16 Determination of person responsible for discharge.
34A-12-17 34A-12-17. Transferred to § 34A-2-71.1.
34A-12-18 34A-12-18 to 34A-12-24. Transferred to §§ 1-50-5 to 1-50-11.
CHAPTER 34A-13
PETROLEUM INSPECTION AND RELEASE COMPENSATION
34A-13-1 Definition of terms.
34A-13-2 34A-13-2, 34A-13-3. Repealed by SL 2013, ch 166, §§ 33, 34.
34A-13-4 Immediate corrective action by department.
34A-13-5 Response procedure--Promulgation of rules.
34A-13-6 34A-13-6. Repealed by SL 2013, ch 166, § 35.
34A-13-7 Furnishing of information to director--Denial of benefits based on failure to furnish information.
34A-13-8 Examination of records--Entering upon public or private property--Denial of benefits based upon failure to allow access to property and documents.
34A-13-8.1 Reimbursement by fund for corrective action costs--Limitation--Costs for releases.
34A-13-8.2 Percentage of deductible waived for certain releases.
34A-13-8.3 Limitation on reimbursement for release sites.
34A-13-8.4 Defense costs of certain third-party claims.
34A-13-8.5 Reimbursement to covered party.
34A-13-9 Cost of corrective action--Amount of reimbursement--Exceptions.
34A-13-9.1 Conditions for reimbursement.
34A-13-9.2 Subrogation of fund--Right to recover.
34A-13-10 Avoidance of liability by conveyance or agreement prohibited--Exceptions.
34A-13-11 Recovery of expenses in civil action--Prima facie evidence of reasonable expenses--Disposition of recovered funds.
34A-13-12 Administrative, civil, injunctive, and criminal remedies allowed where pursued by department--Exhaustion of administrative remedies not required.
34A-13-12.1 Remedies allowed--Administrative exhaustion not required.
34A-13-13 34A-13-13. Repealed by SL 2013, ch 166, § 37.
34A-13-14 Repealed.
34A-13-15 Employment of staff--Costs and appropriations--Delegation of authority.
34A-13-16 Practices and procedures--Promulgation of rules.
34A-13-16.1 Training and testing of persons who perform services to be reimbursed.
34A-13-17 Attachment of fund to Department of Agriculture and Natural Resources--Reimbursement of costs.
34A-13-18 Deposit and crediting of revenue.
34A-13-19 34A-13-19. Repealed by SL 1993, ch 48, § 19.
34A-13-20 Petroleum release compensation and tank inspection fee--Amount of fee--Allocation of revenue.
34A-13-20.1 Transfer of funds to and from state highway fund.
34A-13-21 34A-13-21. Repealed by SL 2013, ch 166, § 38.
34A-13-22 Monthly fee--Promulgation of rules.
34A-13-23 Audits of persons subject to fee.
34A-13-24 Failure to pay fee as misdemeanor--Subsequent violation as felony.
34A-13-25 Notice of suspension of benefits--Notice to department--Appeal for reinstatement of benefits--Ratification of certain suspensions and reinstatements.
34A-13-26 Administration of provisions--Hearing waiver.
34A-13-27 Fund expenditures.
34A-13-28 34A-13-28 to 34A-13-30. Repealed by SL 1992, ch 260, §§ 21 to 23.
34A-13-31 Determination of cost--Petroleum remediation requirements--Reduction for ineligible claims--Promulgation of rules.
34A-13-32 Continuous appropriation--Administrative budget submitted to Legislature.
34A-13-33 Liability of covered party not limited by reimbursement.
34A-13-34 Third party cleanup reimbursement--Department and fund--No legal process or attachment.
34A-13-35 34A-13-35. Repealed by SL 1992, ch 260, § 27.
34A-13-36 34A-13-36. Repealed by SL 1990, ch 292, § 22.
34A-13-37 34A-13-37. Repealed by SL 2013, ch 166, § 40.
34A-13-38 34A-13-38. Repealed by SL 1991, ch 294, § 20.
34A-13-39 Short title.
34A-13-40 Limits of reimbursement--Promulgation of rules.
34A-13-41 Reimbursement to licensed petroleum marketers and other tank owners--Promulgation of rules.
34A-13-42 Rules for amount, terms, and period of third-party reimbursement.
34A-13-43 34A-13-43. Repealed by SL 1992, ch 260, § 30.
34A-13-44 34A-13-44. Repealed by SL 2013, ch 166, § 41.
34A-13-44.1 Third-party damages--Benefits intended in or on behalf of covered party.
34A-13-45 Damage prior to April 1, 1990.
34A-13-46 Tanks at abandoned sites.
34A-13-47 Time limit for third-party claim.
34A-13-48 Repealed.
34A-13-49 Abandoned tank removal program created--Eligibility for participation.
34A-13-50 Scope of program.
34A-13-51 34A-13-51. Repealed by SL 2001, ch 192, § 1.
34A-13-52 Department responsible for tank removal and corrective actions under program--Director to make payments from fund.
34A-13-53 Promulgation of rules.
34A-13-54 Director to suspend payments except at high-risk sites when fund balance is two million dollars or less.
34A-14-1 to 34A-14-27. Repealed.
34A-15-1
Legislative findings.
34A-15-2
Definition of terms.
34A-15-3
Determination of owner or operator.
34A-15-4
Limitation on third-party liability for damage to property--Vesting of title.
34A-15-5
Conditions of limitations--Efforts to resell property.
34A-15-6
Exclusion for liability expressly created under federal or state laws.
34A-15-6.1
State brownfields revitalization and economic development program--Liability for
costs of a response action or remediation--Limitation.
34A-15-7
Effective date.
CHAPTER 34A-16
REGIONAL RECYCLING AND WASTE MANAGEMENT DISTRICTS
34A-16-1 Creation of a regional recycling and waste management district.
34A-16-2 Notice of public hearing.
34A-16-3 Governing body--Composition--Terms--Vacancy.
34A-16-4 Articles of incorporation.
34A-16-5 Actions involving the validity or enforcement of any contract.
34A-16-6 Amendment of articles of incorporation.
34A-16-7 Powers of each district.
34A-16-8 Travel and subsistence expenses--Per diem.
34A-16-9 Expansion of district.
34A-16-10 Reduction in size of district.
34A-16-11 Expansion or reduction in size--Certified copy of governing resolution.
34A-16-12 County or municipality cooperation in the planning, construction, or operation of solid waste facilities.
34A-16-13 County or municipality contracts with district for provision of waste facilities and services--Terms.
34A-16-14 Powers of district.
34A-16-15 District's capacity to sue or be sued.
34A-16-16 District's interest in real or personal property.
34A-16-17 Application and acceptance of gifts, grants, or loans.
34A-16-18 Use of real or personal property--Tax exemption--Special assessments.
34A-16-19 Power to contract for operation and improvement of facilities.
34A-16-20 Establishment and collection of general rates and charges--Public hearing required--Publication of notice.
34A-16-21 Manner of billing and collecting--Discontinuance of service.
34A-16-22 Incentives to reduce waste and separate recyclable materials.
34A-16-23 Disposal of products and energy produced.
34A-16-24 Joint-powers agreements.
34A-16-25 Authorized activities.
34A-16-26 Insurance.
34A-16-27 Purchases.
34A-16-28 Issuance of revenue bonds--Payment--Revenues--Powers of commission.
34A-16-29 Issuance of bonds to pay for closure, postclosure, and contingency costs for responses to releases from facilities or to refund outstanding bonds.
34A-16-30 Use of proceeds under § 34A-16-29 limited.
34A-16-31 Solid waste management fund--Separate accounts--Audit requirements.
34A-16-32 Designation and reviewing authority defined.
34A-16-33 Obtaining designation authority.
34A-16-34 Application of designation.
34A-16-35 Adoption of management plan--Designation plan--Requirements for designation plan.
34A-16-36 Required evaluations for plan proposing designation to facilities.
34A-16-37 Certain waste under contract between hauler and different facility exempt during contract period--Exemption for certain electric generation facilities.
34A-16-38 Review and approval of designation plan.
34A-16-39 Time limit to review plan--Requirements for approval.
34A-16-40 Procedure for adopting or amending designation ordinance--Hearing--Notice.
34A-16-41 Contents of designation ordinance.
34A-16-42 Designation ordinance exceptions for certain exempt materials.
34A-16-43 Consistency of ordinance with plan--Effective date of designation--Challenging designation.
34A-16-44 Notification of intent to own or operate facility.
34A-16-45 Penalty for violation of designation ordinance.
34A-16-46 Processing and disposal of waste generated outside of district prohibited.
34A-16-47 Powers granted by chapter independent from other statutes.
34A-16-48 Entrance upon public and private lands to determine suitability of potential landfill site.
34A-16-49 Legislative findings.
34A-17-1
Short title.
34A-17-2
Definitions.
34A-17-3
Nature of rights--Subordination of interests.
34A-17-4
Content of environmental covenant.
34A-17-5
Validity--Effect on other instruments.
34A-17-6
Relationship to other land-use law.
34A-17-7
Notice--Copy of covenant.
34A-17-8
Recording.
34A-17-9
Duration--Amendment by court action.
34A-17-10
Amendment or termination by consent.
34A-17-11
Enforcement of covenant--Injunction or other equitable relief.
34A-17-12
Registry--Substitute notice.
34A-17-13
Uniformity of application and construction.
34A-17-14
Relation to Electronic Signatures in Global and National Commerce Act.
CHAPTER 34A-18
OIL PIPELINES
34A-18-1 Definition of terms.
34A-18-2 Oil spill response plan required.
34A-18-3 Updating of oil spill response plan.
34A-18-4 Consultation with department.
34A-18-5 Time for submission of oil spill response plan.
34A-18-6 Review of oil spill response plan.
34A-18-7 Modifications to oil spill response plan to be submitted.
34A-18-8 Implementation of plan in the event of oil spill.
34A-18-9 Reports regarding spill.
34A-18-10 Repealed
