34A-16-37Certain 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.