Title 34A — ENVIRONMENTAL PROTECTION

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 th…

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 resolu…

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 red…

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) L…

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 en…

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 199…

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.

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…

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…

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, th…

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, count…

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 aut…

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 ra…

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…

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…

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.

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 sepa…

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 withi…

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 de…

The provisions of chapter 5-18A apply to purchases by the district. Source: SL 1993, ch 259 , § 29; SL 2011, ch 2 , § 142.

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…

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 …

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 solel…

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 199…

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 charg…

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 di…

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 provi…

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.

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 consi…

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 …

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…

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 managem…

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…

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 provid…

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 municip…

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 deli…

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 wast…

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.…

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.

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 da…

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 …

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 pr…

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 ess…

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 urgen…

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…

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.

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 …

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 me…

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 …

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 …