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-16-1. Creation of a regional recycling and waste management district.
Any municipality, county, or portion of a county within this state and any one or more other municipalities, counties, or portions of counties within this state may create a regional recycling and waste management district, which may provide facilities and services pursuant to this chapter for the management of solid waste as defined in § 34A-6-1.3. A district may exercise its powers upon filing with the secretary of state a notice of incorporation pursuant to chapter 6-10. A county may be divided into more than one regional recycling and waste management district; however, a municipality may only be included in a district if the entire area of the municipality lies within the district. No geographical area may be included in more than one regional recycling and waste management district, and the lands within a district need not be contiguous, provided that no more than one hundred twenty miles may intervene between noncontiguous areas. The creation of a regional recycling and waste management district shall be authorized by approval of the district's proposed articles of incorporation through a resolution of the governing body of each county and municipality listed in the proposed articles as being necessary for incorporation of the district. No county or municipality may be included in a district unless its governing body has adopted an authorizing resolution pursuant to this chapter.
Source: SL 1993, ch 259, § 1.
34A-16-2. Notice of public hearing.
No county or municipality may adopt a resolution authorized by § 34A-16-1 or 34A-16-9 without a public hearing on the resolution. Notice of the hearing shall be given at least ten days before the hearing in the official newspapers of the county or municipality. Any resolution authorized pursuant to § 34A-16-1 or § 34A-16-9 is subject to initiative and referendum as provided by chapters 7-18A and 9-20.
Source: SL 1993, ch 259, § 2.
34A-16-3. Governing body--Composition--Terms--Vacancy.
The governing body of the regional recycling and waste management district shall consist of commissioners elected or appointed as specified in the proposed articles of incorporation. The commissioners of the regional recycling and waste management district shall be composed solely of elected officials from the local governments that are included in the district. There shall be at least one commissioner from each county or fraction thereof. The names of the initial board of commissioners shall be designated in the articles of incorporation. The initial commissioners' terms shall be at least one year, and shall end on December thirty-first of the year during which a general election is held. The articles of incorporation may provide for the appointment of additional commissioners to represent areas that may be added to the district pursuant to § 34A-16-9. The addition of any new municipality or county may not be deemed an amendment to the articles of incorporation of the district. The total number of commissioners in a district shall be established in the articles of incorporation. The terms of commissioners who are first elected shall be: at least one-half but no more than sixty percent of the commissioners for terms of four years, and the remainder of the commissioners for terms of two years. Except for the commissioners first elected or appointed, all commissioners shall be elected or appointed for terms of four years each. However, if a vacancy occurs other than by expiration of a term, the district board shall fill the unexpired term by appointment. Each commissioner shall hold office until his successor has been elected or appointed and has qualified.
Source: SL 1993, ch 259, § 3.
34A-16-4. Articles of incorporation.
Upon the appointment and qualification of the initial commissioners of the board of a regional recycling and waste management district, the board shall submit to the secretary of state the district's proposed articles of incorporation. The district shall be incorporated as provided in chapter 6-10.
Source: SL 1993, ch 259, § 4.
34A-16-5. Actions involving the validity or enforcement of any contract.
In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of a regional recycling and waste management district, the district is conclusively deemed to have become established and authorized to transact its business and exercise its powers under this chapter upon compliance with § 34A-16-4.
Source: SL 1993, ch 259, § 5.
34A-16-6. Amendment of articles of incorporation.
The articles of incorporation of a regional recycling and waste management district may be amended by a resolution approved by at least two-thirds of the governing bodies of the municipalities and counties included in the district.
Source: SL 1993, ch 259, § 6.
34A-16-7. Powers of each district.
The powers of each regional recycling and waste management district are vested in the commissioners of the district. Each district shall adopt procedures for its own operation not inconsistent with its articles of incorporation and this chapter. The articles of incorporation may provide for an executive board with the power to conduct the business of the district. The issuance of bonds and the adoption or modification of ordinances shall be approved by the full governing body. Each regional recycling and waste management district shall organize and elect officers for terms of office to be fixed by the board of commissioners. There shall be elected a chairman and vice-chairman from among the commissioners. A district may employ an executive director, secretary, technical experts or such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties, and compensation. A district may employ or contract for its own legal counsel, legal staff, engineering, or other professional services.
Source: SL 1993, ch 259, § 7.
34A-16-8. Travel and subsistence expenses--Per diem.
Each commissioner shall receive travel and subsistence expense at the rates set pursuant to chapter 3-9. In addition, per diem at rates established by the Board of Finance shall be paid each member for each day of actual service for traveling to, attending, and returning from meetings, hearings, or investigations of the board of commissioners.
Source: SL 1993, ch 259, § 8; SL 2024, ch 20, § 15.
34A-16-9. Expansion of district.
A regional recycling and waste management district may expand to include additional areas not provided for in the articles of incorporation if the governing body of the county or municipality in which such additional areas are located, after the public hearing required in § 34A-16-2, adopts a resolution requesting inclusion in the district and the commissioners of the district adopt a resolution consenting to the expansion. If a municipality included within a district annexes territory, the annexed area shall be included in the same district as the municipality.
Source: SL 1993, ch 259, § 9.
34A-16-10. Reduction in size of district.
A regional recycling and waste management district may be reduced in size if the governing body of a county or municipality submits to the district a resolution requesting release of a specified area from the district and the board of commissioners of the district adopts a resolution consenting to the reduction and makes provisions for the retention or disposition of its assets and liabilities. However, if the district has any bonds outstanding, no reduction in size may release any county or municipality from its obligations, if any, with respect to such bonds.
Source: SL 1993, ch 259, § 10.
34A-16-11. Expansion or reduction in size--Certified copy of governing resolution.
If a regional recycling and waste management district is expanded or reduced in size pursuant to § 34A-16-9 or 34A-16-10, the district shall forward to the secretary of state a certified copy of each resolution adopted by the board of commissioners governing the expansion or reduction.
Source: SL 1993, ch 259, § 11.
34A-16-12. County or municipality cooperation in the planning, construction, or operation of solid waste facilities.
For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of solid waste facilities pursuant to this chapter, any county or municipality included in a district may, upon such terms, with or without consideration, as it may determine:
(1) Lend or donate money to the district;
(2) Cause water, sewer, or drainage facilities or any other facilities which it is empowered to provide, to be furnished adjacent to or in connection with solid waste facilities;
(3) Dedicate, sell, convey, or lease any of its interest in property or grant easements, licenses, or any other rights or privileges therein to the district without regard to public bidding or any other restrictions on disposition of public property;
(4) Furnish, dedicate, close, pave, install, grade, regrade, plan, plat, or replat streets, roads, roadways, and walks to such solid waste facilities;
(5) Do all things that counties and municipalities singly or in combination are allowed by law to do relating to the management of solid waste and that are necessary or convenient to aid and cooperate with the district in the planning, undertaking, construction, or operation of solid waste facilities, including providing labor or services to the district; and
(6) Enter into agreements with the district regarding action to be taken by the county or municipality pursuant to the provisions of this section.
Source: SL 1993, ch 259, § 12.
34A-16-13. County or municipality contracts with district for provision of waste facilities and services--Terms.
Any county or municipality may enter into a contract for any term of years not to exceed ten years as the governing body may determine with any regional recycling and waste management district for provision by the district of solid waste facilities or services. If any contract entered into pursuant to this section 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. Any such contract shall bind all future governing bodies of the county or municipality and thereafter each such governing body shall annually appropriate an amount sufficient to cover the amount payable or estimated to become payable under such contract during the ensuing fiscal year.
Source: SL 1993, ch 259, § 13.
34A-16-14. Powers of district.
A regional recycling and waste management district is hereby granted all powers necessary or convenient to perform its duties, including the ability to enter into any contract necessary or proper for the exercise of its powers or the accomplishment of its purposes.
Source: SL 1993, ch 259, § 14.
34A-16-15. District's capacity to sue or be sued.
A district may sue and be sued, and is a public corporation and political subdivision of the State of South Dakota.
Source: SL 1993, ch 259, § 15.
34A-16-16. District's interest in real or personal property.
A district may acquire by purchase, lease, condemnation, gift, or grant, any right, title, and interest in and to any real or personal property deemed necessary for the exercise of its powers or the accomplishment of its purposes, including easements. Any public agency as defined in § 1-24-1 may convey to or permit the use of any property or facilities by the district, subject to the rights of the holders of any bonds issued with respect thereto, with or without compensation and without an election or approval by any other government agency. The district may hold the property for its purposes, and may lease, rent, or enter into contracts with respect to the property upon the terms and in the manner it deems advisable. The right to acquire lands and property rights by condemnation shall be exercised in accordance with chapter 21-35.
Source: SL 1993, ch 259, § 16.
34A-16-17. Application and acceptance of gifts, grants, or loans.
The district may apply for and accept gifts, loans, or other property from the United States, the state, any public agency as defined in § 1-24-1, or any person for any of its purposes, may enter into any agreement required in connection therewith, and may hold, use, and dispose of the money or property in accordance with the terms of the gift, grant, loan, or agreement.
Source: SL 1993, ch 259, § 19.
34A-16-18. Use of real or personal property--Tax exemption--Special assessments.
Any real or personal property owned, leased, used, or occupied by the district for any authorized purpose is acquired, owned, used, and occupied for public and governmental purposes, and is exempted from taxation by the state or any political subdivision of the state. However, those properties are subject to special assessments levied by a political subdivision for a local improvement in amounts proportionate to and not exceeding the special benefit received by the properties from the improvement. No possible use of the properties in any manner different from their use for solid waste management at the time may be considered in determining the special benefit received by the properties.
Source: SL 1993, ch 259, § 20.
34A-16-19. Power to contract for operation and improvement of facilities.
The district may construct, equip, develop, enlarge, improve, and operate solid waste facilities and services as it deems necessary and may negotiate contracts for the use of public or private facilities and services. The district may contract with any person, municipality, county, or other district for the construction, maintenance, and operation of, or for the provision of, facilities and services either within or without its boundaries if the commissioners of the district determine the facilities and services are adequate and available for use.
Source: SL 1993, ch 259, § 21.
34A-16-20. Establishment and collection of general rates and charges--Public hearing required--Publication of notice.
The district may establish and collect general rates and charges for the generation of solid waste and for the facilities and services provided by the district and may negotiate and collect payments for facilities and services contracted by the district. Before establishing or raising any general rates and charges, the board of commissioners shall hold a public hearing regarding the proposed rates and charges. Before publishing notice of hearing regarding proposed general changes in rates and charges, the district shall provide to the governing body of each county and municipality included within the district the financial information upon which the proposed changes are based. Notice of the hearing shall be published at least once in each of the official newspapers of the municipalities and counties included in the district. Publication may be no more than forty-five days and no less than fifteen days before the date of the hearing. Rates and charges may take into account the character, kind and quality of the service and of the solid waste, the method of disposition, the number of people served at each place of collection and all other factors which the board of commissioners, in its reasonable judgment, determines to be necessary or appropriate in establishing fair and equitable rates and charges, including establishment of reasonable reserves and depreciation and payment of principal and interest on money borrowed by the district for the acquisition or betterment of facilities.
Source: SL 1993, ch 259, § 22.
34A-16-21. Manner of billing and collecting--Discontinuance of service.
The rates and charges may be billed and collected in a manner the board shall determine. The board may impose a fee as a deposit for the service provided by the district. The district may, with notice, discontinue service to any person who fails to pay for the service provided by the district. Any district which discontinues service pursuant to this section shall notify the municipality, or county if the person whose service is discontinued resides outside a municipality, in writing that such person's service has been discontinued. Any municipality or county which is notified pursuant to this section shall enforce the applicable public nuisance provisions in force in the municipality or county.
Source: SL 1993, ch 259, § 23.
34A-16-22. Incentives to reduce waste and separate recyclable materials.
A regional recycling and waste management district may:
(1) Charge or require any person who collects solid waste in the district to charge solid waste generators rates for collection or disposal that vary depending on the volume or nature of waste generated and the potential for encouraging recycling or waste volume reduction;
(2) Require collectors to provide financial incentives to solid waste generators who separate recyclable materials from their waste; or
(3) Require use of any other mechanism to provide encouragement or rewards to solid waste generators who reduce their waste generation or who separate recyclable materials from their waste.
Source: SL 1993, ch 259, § 24.
34A-16-23. Disposal of products and energy produced.
The district may use, sell, or otherwise dispose of all of the products and energy produced by its facilities under such terms as the board of commissioners may determine.
Source: SL 1993, ch 259, § 25.
34A-16-24. Joint-powers agreements.
The district may enter into joint-powers agreements under the provisions of chapter 1-24, or any other law providing for joint or cooperative action between public agencies or Indian tribes. Nothing in this chapter limits the powers of any county or municipality to create separate entities under joint-powers agreements pursuant to chapter 1-24.
Source: SL 1993, ch 259, § 26.
34A-16-25. Authorized activities.
The district may conduct research studies and programs, collect and analyze data, prepare reports, maps, charts, and tables and conduct all necessary hearings and investigations in connection with its work and may advise and assist other government units on planning matters within the scope of its powers, duties, and objectives.
Source: SL 1993, ch 259, § 27.
34A-16-26. Insurance.
The district may require any employee to obtain and file with it an individual bond or fidelity insurance policy. It may procure insurance in amounts it deems necessary to insure against liability of the district, the board of commissioners or employees, for personal injury or death and property damage or destruction, and against risks of damage to or destruction of any of its facilities, equipment or other property as it deems necessary, or the district board may determine to self-insure for some or all of such risks. The district may procure or arrange for the procurement of any form of insurance for the protection or benefit of its employees.
Source: SL 1993, ch 259, § 28.
34A-16-27. Purchases.
The provisions of chapter 5-18A apply to purchases by the district.
Source: SL 1993, ch 259, § 29; SL 2011, ch 2, § 142.
34A-16-28. Issuance of revenue bonds--Payment--Revenues--Powers of commission.
A regional recycling and waste management district may issue revenue bonds for the acquisition or betterment of facilities for the district's solid waste management program, for closure, postclosure, and contingency costs for solid waste facilities, for responses to releases from solid waste facilities, and for refunding outstanding revenue bonds. The district's revenue bonds may be payable from net revenues in excess of current reasonable and necessary costs of operation and maintenance or from gross revenues. Gross and net revenues may be derived from general rates and charges established as provided in § 34A-16-20 and from payments from contracts pursuant to §§ 34A-16-12, 34A-16-13, 34A-16-19, and 34A-16-20. The district may irrevocably pledge and appropriate for the payment of the revenue bonds and interest thereof the gross or net revenues from the operation of all or any defined portion of the solid waste management program and the proceeds of any state or federal grant or loan, and by resolution of the board or by an indenture executed under its authority may make any and all covenants with the bondholders, or with a trustee for the bondholders, which are determined by the district to be necessary or proper to assure the marketability of the bonds, the completion of the facilities financed thereby, the segregation of the revenues pledged in a special account in the solid waste management fund and the establishment, maintenance, and collection of rates and charges sufficient to produce net revenues adequate to pay the bonds and interest thereon when due and to create and maintain a reserve for that purpose, and may mortgage the site and facilities to the trustee. Any holder of bonds issued pursuant to this chapter may by proper proceeding enforce and compel performance of all duties required by this chapter, including the making and collecting of sufficient rates, the segregation of the income and revenue and the proper application thereof. Notwithstanding the provisions and limitations of § 34A-16-9, a district may covenant and agree with bondholders that the rates to be charged for the service from the district shall be sufficient to provide for the payment of interest upon all bonds and to create a debt service fund to pay the principal thereof as and when the same becomes due, and to provide for the operation and maintenance and repairs thereof and depreciation, and shall be revised from time to time so as to produce these amounts. The bonds shall be authorized, issued, and sold as provided in chapter 6-8B, but no election is required for the issuance of the bonds. The board of commissioners of the district may agree with the holders of district obligations which are secured by revenues of the district as to the maximum amounts which the district may charge and collect for service provided by the district. The district may also authorize the issuance of bond anticipation notes in accordance with the provisions of §§ 6-8B-26 to 6-8B-29, inclusive.
Source: SL 1993, ch 259, § 30.
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.
Any county or municipality, by resolution, may authorize the issuance of bonds to provide funds for the closure, postclosure, and contingency costs for solid waste facilities, for responses to releases from solid waste facilities or for refunding any outstanding bonds issued for any such purpose, and may pledge to the payment of the bonds and the interest thereon, its full faith, credit and taxing powers, or the proceeds of any designated tax levies, or any combination thereof. The bonds shall be issued and sold in accordance with the provisions of chapter 6-8B, but no election is required to authorize the issuance of bonds under this section.
Source: SL 1993, ch 259, § 31.
34A-16-30. Use of proceeds under § 34A-16-29 limited.
The proceeds of county or municipal bonds issued under § 34A-16-29 for closure, postclosure, and contingency costs and noncapital responses to releases may be used only for publicly-owned solid waste facilities in existence on, or closed prior to, March 14, 1993.
Source: SL 1993, ch 259, § 32.
34A-16-31. Solid waste management fund--Separate accounts--Audit requirements.
Any district owning or operating solid waste management property or facilities shall continuously maintain a special account on its official books and records designated as the solid waste management fund, to which it shall credit all receipts from the contracts, rates, and charges authorized in this chapter and from the sale of real or personal property pertaining to solid waste management purposes, and the proceeds of all gifts, grants, loans, and issues of bonds for such purposes, and to which it shall charge all costs of the acquisition, construction, enlargement, improvement, repair, supervision, control, maintenance, and operation of property, facilities, and services. Separate accounts may be established within this fund for the segregation of revenues pledged for the payment of bonds or loans or money granted or borrowed for use for a specific purpose. The district shall provide an annual statement of assets, debts, revenue, and expenses to the governing body of each county and municipality included with the district. The district is subject to the same audit requirements as those set for counties in § 4-11-4.
Source: SL 1993, ch 259, § 33.
34A-16-32. Designation and reviewing authority defined.
For purposes of this chapter, the term "designation" means a requirement by a regional recycling and waste management district that all or any portion of the solid waste that is generated within its boundaries or any service area of the district be delivered to a processing or disposal facility identified by the district.
For purposes of this chapter, the term "reviewing authority" means the Board of Minerals and Environment.
Source: SL 1993, ch 259, § 34.
34A-16-33. Obtaining designation authority.
A regional recycling and waste management district may obtain designation authority if:
(1) Designation authority has been included in the district's articles of incorporation;
(2) The district has prepared a comprehensive solid waste management plan and designation plan as provided in § 34A-16-35;
(3) The district's designation plan has been approved by the reviewing authority pursuant to § 34A-16-38; and
(4) The district has adopted a designation ordinance as provided in §§ 34A-16-40 to 34A-16-44, inclusive.
Source: SL 1993, ch 259, § 35.
34A-16-34. Application of designation.
The designation may not apply to or include materials that are separated from solid waste by the generator of the waste for reuse or recycling and recovered for reuse in their original form or for use in manufacturing processes.
Source: SL 1993, ch 259, § 36.
34A-16-35. Adoption of management plan--Designation plan--Requirements for designation plan.
Before adopting a designation ordinance, the district shall adopt a comprehensive solid waste management plan. The district shall also prepare a designation plan which may be combined with the comprehensive solid waste management plan. A district's designation plan shall be consistent with its solid waste management plan. The designation plan shall evaluate:
(1) The benefits of the designation, including the public purposes achieved by the conservation and recovery of resources, the furtherance of the district's comprehensive solid waste management plan, the assurance of proper solid waste disposal, and the reduction of potential liability of the district's members under state and federal law;
(2) The estimated costs of the designation, including the direct capital, operating, and maintenance costs of the facility designated, the indirect costs and the long-term effects of the designation;
(3) Whether the designation will result in the recovery of resources or energy from the materials that would otherwise be wasted;
(4) Whether the designation will lessen the demand for and use of indiscriminate land disposal of solid waste;
(5) Whether the designation is necessary for the financial support of the facility;
(6) Whether less restrictive methods for ensuring an adequate solid waste supply are available; and
(7) Other feasible and prudent waste management alternatives for accomplishing the purposes of the proposed designation, the direct and indirect costs of the alternatives, including capital and operating costs, and the effects of the alternatives on the cost to generators.
Source: SL 1993, ch 259, § 37.
34A-16-36. Required evaluations for plan proposing designation to facilities.
If the plan proposes designation to disposal facilities, the designation plan shall also evaluate:
(1) Whether the disposal facility is part of an integrated waste management system involving a processing facility and the designation is necessary for the financial support of the processing facility;
(2) Whether the designation will better serve to protect public health and safety;
(3) The impacts on other disposal facilities inside and outside the area;
(4) Whether the designation is necessary to promote regional waste management programs and cooperation; and
(5) The extent to which the design and operation of the disposal facility protects the environment including whether it is permitted under current law.
Source: SL 1993, ch 259, § 38.
34A-16-37. Certain waste under contract between hauler and different facility exempt during contract period--Exemption for certain electric generation facilities.
If the plan proposes designation to a disposal facility, any solid waste that is subject to a contract between a hauler and a different facility that is in effect on the date notice is given under § 34A-16-40 is not subject to the designation during the contract period. The owner of any electric generation facility located within the State of South Dakota which has been authorized by the Department of Agriculture and Natural Resources to operate a solid waste facility on its owned or leased realty for the purpose of disposing of solid waste resulting from the generation of electricity shall be excluded from the effect of this chapter and its owned or leased realty used for the siting of its electric generation facility and its solid waste storage may not be a geographical part of any such district.
Source: SL 1993, ch 259, § 39; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
34A-16-38. Review and approval of designation plan.
The district shall submit the designation plan to the reviewing authority for review and approval or disapproval. If the designation plan has been approved by the reviewing authority or another state agency as part of the review and approval of a comprehensive solid waste management plan for the district, then no further submission or approval is required under this chapter.
Source: SL 1993, ch 259, § 40.
34A-16-39. Time limit to review plan--Requirements for approval.
The reviewing authority shall complete its review pursuant to § 34A-16-38 and make its decision within ninety days following submission of the plan for review. The reviewing authority shall approve the designation plan if the plan satisfies the requirements of §§ 34A-16-35 to 34A-16-37, inclusive, or, in the case of designation to disposal facilities, if the reviewing authority finds that the plan has demonstrated that the designation is necessary and is consistent with the comprehensive waste management plan. The reviewing authority may attach conditions to its approval that relate to matters required in a designation ordinance under §§ 34A-16-41 and 34A-16-42. Any substantive amendment to the plan shall be submitted for review in accordance with this section.
Source: SL 1993, ch 259, § 41.
34A-16-40. Procedure for adopting or amending designation ordinance--Hearing--Notice.
A district with an approved designation plan shall proceed as provided in this section when adopting or amending a designation ordinance. The district shall hold a public hearing. Notice of the hearing shall:
(1) Be published in each official newspaper of the counties and municipalities included in the district once a week for two successive weeks, the first publication being at least ten days before the date of the hearing;
(2) Be mailed to counties, municipalities, processing and disposal facility operators, and licensed solid waste collectors who may be expected to use the facility;
(3) Describe the area in which the designation will apply and the plans for the use of the solid waste;
(4) Specify the point of delivery of the solid waste;
(5) Estimate the types and quantities of solid waste subject to the designation; and
(6) Estimate the fee to be charged for the use of the facilities and for any products of the facilities.
A designation ordinance is not invalid by reason of the failure of the district to provide written notice to an entity listed in this section. Following the public hearing, the designation ordinance may be adopted with or without amendment. However, no property may be included in the area in which the designation applies which has not been described in the notice required in this section.
Source: SL 1993, ch 259, § 42.
34A-16-41. Contents of designation ordinance.
The designation ordinance shall define the geographic area and the types and quantities of solid waste subject to designation; specify the point or points of delivery of the solid waste; require that the designated solid waste be delivered to the specified point or points of delivery; require the designated facility to accept all designated solid waste delivered to the specified point or points of delivery, unless the facility has notified waste collectors in the designated area that the facility is inoperative; set out the procedures and principles to be followed by the district in establishing and amending any rates and charges at the designated facility; and state any additional regulations governing waste collectors or other matters necessary to implement the designation.
Source: SL 1993, ch 259, § 43.
34A-16-42. Designation ordinance exceptions for certain exempt materials.
The designation ordinance shall provide an exception for materials that are exempt or excluded from the designation under § 34A-16-34 or 34A-16-37; and for the term of the contract, shall provide an exception for materials subject to a contract affecting the delivery of the waste to the facility.
Source: SL 1993, ch 259, § 44.
34A-16-43. Consistency of ordinance with plan--Effective date of designation--Challenging designation.
The designation ordinance may not be materially inconsistent with the approved designation plan for the district. The effective date of the designation shall be specified in the designation ordinance and may be not less than sixty days after adoption of the designation ordinance. The designation is binding on all political subdivisions, landfill operators, solid waste generators, and solid waste collectors in the designation area. Any action challenging a designation shall be brought within sixty days of the adoption of the designation ordinance.
Source: SL 1993, ch 259, § 45.
34A-16-44. Notification of intent to own or operate facility.
Any person proposing to own or operate a processing facility using waste materials subject to a designation ordinance may notify the regional recycling and waste management district.
Source: SL 1993, ch 259, § 46.
34A-16-45. Penalty for violation of designation ordinance.
Any person who violates a designation ordinance adopted pursuant to this chapter is guilty of a Class 1 misdemeanor and 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. An action for the recovery of a civil penalty or compensation damages shall, upon demand, be tried by a jury.
Source: SL 1993, ch 259, § 47.
34A-16-46. Processing and disposal of waste generated outside of district prohibited.
No solid waste disposal facility owned or operated by any municipality, county, or regional recycling and solid waste management district located within a regional recycling and waste management district may accept for processing or disposal any solid waste generated outside the boundaries of the district. However, such a municipality, county, or regional recycling and waste management district may, by contract with another municipality, county, or regional recycling and waste management district for a period not exceeding one year, accept for processing or disposal solid waste generated within such municipality, county, or regional recycling and waste management district.
Source: SL 1993, ch 259, § 48A.
34A-16-47. Powers granted by chapter independent from other statutes.
The powers granted by this chapter, including the powers granted to a regional recycling and waste management district, a county or a municipality, are independent from and shall be supplementary to, powers granted by any other statute, and restrictions, conditions, procedural provisions, or other requirements contained in other statutes shall not be deemed to apply to the exercise of powers granted under this chapter unless the same are expressly incorporated by reference.
Source: SL 1993, ch 259, § 49.
34A-16-48. Entrance upon public and private lands to determine suitability of potential landfill site.
A district, in the course of investigating and analyzing the suitability of land sought to be acquired for district landfill purposes, may, after reasonable notice and during normal business hours, enter upon any public or private land for the purpose of obtaining information essential to the investigation and analysis, including conducting soil and subsurface geological sampling and survey. This section may not be construed to permit entry into any enclosed structure. The district shall compensate the owner, or any person entitled to compensation, for any damage to the property caused by the entrance and investigation activity. No entry upon private property may be made pursuant to this section against the expressed refusal of consent by the owner or person in rightful possession of the property without the aid of an order of the circuit court authorizing such entry. Upon application by the district, the circuit court may enter its order authorizing entry upon the private property, if such order is entered after notice of hearing on the application is provided to the property owner or person in rightful possession as may be required by the court, and if upon such hearing the circuit court finds that reasonable and justifiable cause exists for the entry upon the private property for the investigative purposes authorized by this section.
Source: SL 1993, ch 259, § 49A.
34A-16-49. Legislative findings.
The Legislature hereby finds that:
(1) The high and increasing cost of owning, operating, and closure of solid waste facilities, and the financing thereof, and the increasing federal and other regulatory requirements pertaining to such solid waste facilities, has created an urgent demand for action by counties, municipalities, and others in this state;
(2) Such urgent demands, together with high and increasing costs and regulatory requirements, may result in the inability of various counties and municipalities to respond in a timely manner and thereby endanger the health and safety of the citizens of this state;
(3) Such high and increasing costs require new methods for the financing of solid waste management facilities;
(4) It is, accordingly, in furtherance of the interest and welfare of all citizens of South Dakota that regional recycling and waste management districts be permitted to be formed by counties and municipalities of this state in a timely manner for the purpose of financing solid waste management facilities and closing existing facilities and, to this end, it is intended that this chapter be liberally construed to accomplish these purposes;
(5) There is an immediate need to protect the public peace, health, and safety of the state by authorizing the formation of regional recycling and waste management districts to respond to such urgent demands, high and increasing costs and regulatory requirements imposed by the federal government in connection with such matters, and in order to protect municipalities and counties, and their residents, from the financial burdens of such regulations and the potential health consequences which may result if adequate and modern solid waste management facilities are not constructed, operated, and maintained; and
(6) That the foregoing urgent demand, high and increasing costs and regulatory requirements pose an immediate threat to the existing public institutions of this state and to the public health and safety of this state and its people.
Source: SL 1993, ch 259, § 50.
