There is a newer version of the South Dakota Codified Laws
2014 South Dakota Codified Laws
Title 34A - ENVIRONMENTAL PROTECTION
Chapter 06 - Solid Waste Management
- § 34A-6-1 Repealed.
- § 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- § 34A-6-1.5 Repealed.
- § 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--Recommendationof 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 wasteat 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--Alternativeprocedures.
- § 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--Bondunnecessary--Temporary relief available.
- § 34A-6-1.30 Repealed.
- § 34A-6-1.31 Operation of facility without or in violation of permit--Penalties--Civilpenalty.
- § 34A-6-1.32 Repealed.
- § 34A-6-1.33 Exhaustion of administrative remedies not required.
- § 34A-6-1.34 Enforcement of rules by board through permit procedures--Department asdesignated agency for purposes of federal laws.
- § 34A-6-1.35 Functions of department--Delegation of duties and authority--Power toaccept and administer grants and loans.
- § 34A-6-1.36 Omitted.
- § 34A-6-1.37 Omitted.
- § 34A-6-1.38 County or municipal imposition and levy of disposal fee--Payment andcollection--Distribution of shares.
- § 34A-6-1.39 Omitted.
- § 34A-6-1.40 Removal of improperly disposed solid waste--Alternative means ofdisposal.
- § 34A-6-2 to 34A-6-16. Repealed.
- § 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 Plans for municipal systems--Submission to board.
- § 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 ofdelinquent charges.
- § 34A-6-30 to 34A-6-36. Repealed.
- § 34A-6-37 Acceptance and disbursement of funds for solid waste or recycling facilityor system.
- § 34A-6-38 Municipal acquisition of property--Maximum duration of contract--Sharesof 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 to 34A-6-49. Repealed.
- § 34A-6-50 Repealed.
- § 34A-6-51 Omitted.
- § 34A-6-52 Repealed.
- § 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 Rejected.
- § 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 orby-products, recyclable materials, or scrap by local government facility orprogram.
- § 34A-6-64 Disposal of tires.
- § 34A-6-65 Omitted.
- § 34A-6-66 Promulgation of rules for waste tire stockpiling and processing facilities.
- § 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-6-72 Omitted.
- § 34A-6-73 Responsible units of governments--Evaluation of capacity.
- § 34A-6-74 Filing of solid waste source reduction and recycling plan--Departmentreview 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 orrenewed permit.
- § 34A-6-77 Documentation of alternatives to landfills required for reissued or renewedpermit.
- § 34A-6-78 Certification of landfill as necessary part of alternative solid wastemanagement required for new permit.
- § 34A-6-79 Assistance to individuals, businesses, government with regard to solidwaste management--Specifications.
- § 34A-6-80 Educational and training programs on solid waste management--Trainingprogram 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 waterand environment fund--Expenditures, grants, and loans from water andenvironment fund--Preferences.
- § 34A-6-85.1 Financial assistance for statewide cleanup of waste tires.
- § 34A-6-86 Omitted.
- § 34A-6-87 Illegal dumping penalties.
- § 34A-6-87.1 Disposal of tire waste--Collection or processing sites--Penalties forviolations.
- § 34A-6-88 Transferred.
- § 34A-6-89 Scale device required--Records--Report--Contents--Permit for longercapacity disposal.
- § 34A-6-90 Transferred.
- § 34A-6-91 Wholesaler or retailer exchange of lead acid batteries.
- § 34A-6-92 Preemption of political subdivision laws on beverage containers, garbagebags and plastic packaging materials--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 asmisdemeanor.
- § 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.
- § 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 wastefacility--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 yardoperator prohibited--Violation as misdemeanor.
- § 34A-6-108 Definition of terms.
- § 34A-6-109 Scrap metal business to keep records of purchase of nonferrous metalproperty.
- § 34A-6-110 Scrap metal business records open to inspection by law enforcementofficers.
- § 34A-6-111 Copies of scrap metal business records--Report of lost or stolen nonferrousmetal 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.
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