Title 34A — ENVIRONMENTAL PROTECTION

Regionalization of recycling and solid waste planning, management, operations, and disposal are encouraged whenever possible. Any two or more responsible units of government may prepare a single solid waste evaluation as provided in § 34A-6-70 for the analysis of the solid waste …

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 Doc…

Each county and first class municipality shall be the responsible unit of government for preparing the solid waste evaluation required under §

Every municipality or other political subdivision responsible for solid waste management shall file with the department by January 1, 1994, a comprehensive solid waste source reduction and recycling plan detailing the method by which the municipality or other political subdivisio…

Beginning July 1, 1994, no new permit for a solid waste disposal facility may be issued and no existing permit reissued or renewed unless the permit applicant, in conjunction with all local units of government whose residents, businesses, or institutions generate solid waste to b…

Beginning July 1, 1997, no new permit for a solid waste disposal facility may be issued and no existing permit may be reissued or renewed unless the permit applicant, in conjunction with all local units of government whose residents, businesses, or institutions generate solid was…

Beginning July 1, 2000, no existing solid waste disposal permit may be reissued or renewed unless the permit applicant, in conjunction with all local units of government whose residents, businesses, or institutions generate solid waste to be stored or disposed of in the facility,…

Beginning July 1, 2000, no new solid waste disposal facility permit for a landfill may be issued unless the applicant, in conjunction with all local units of government whose residents, businesses, or institutions generate solid waste to be stored or disposed of in the facility, …

The department shall provide assistance to individuals, groups, businesses, state agencies, and local units of government in all aspects of solid waste management consistent with §§ 34A-6-59 to 34A-6-92 , inclusive. This assistance may be provided through programs established und…

The department shall collect, prepare, and disseminate information and conduct educational and training programs that assist in the implementation of §§ 34A-6-59 to 34A-6-92 , inclusive, and other related solid waste management programs. The information and programs shall be desi…

There is hereby imposed a solid waste management fee of a one dollar per ton for all municipal solid waste disposed of at a landfill facility. The fee shall be imposed upon the generator as a surcharge by the operator of the landfill facility at the time of disposal. The fee shal…

The solid waste management fee imposed by § 34A-6-81 shall be paid by the owner of the landfill facility and remitted to the state treasury. The obligation of the owner to pay the fee accrues at the time the solid waste is disposed of at the landfill facility. This fee shall be d…

There is hereby imposed a solid waste management fee of twenty - five cents per tire, not to exceed one dollar per vehicle on each motor vehicle registered and licensed in this state. Before any vehicle is registered as a commercial or noncommercial motor vehicle pursuant to chap…

The solid waste management fee imposed by § 34A-6-83 shall be paid by the owner to the county treasurer or secretary of revenue at the registration and licensing of the motor vehicle, and the fee shall be remitted to the state treasury by the county treasurer or secretary of reve…

Twenty-five percent of the fees received pursuant to §§ 34A-6-81 and 34A-6-82 shall be deposited in the environment and natural resources fee fund established in § 1-41-23 and shall be used to defray costs of administering the solid waste management program requirements of chapte…

In addition to the financial assistance provided for under § 34A-6-85 , the Board of Water and Natural Resources shall expend an amount not to exceed two hundred fifty thousand dollars in fiscal years 1997 and 1998 from the fees collected pursuant to § 34A-6-83 in order to help d…

34A-6-87 Illegal dumping penalties. 34A-6-87.1 Disposal of tire waste--Collection or processing sites--Penalties for violations. 34A-6-88

It is unlawful to willfully dispose of solid waste in a manner inconsistent with the provisions of this chapter. Illegal disposal of solid waste in a quantity less than ten pounds shall constitute littering as provided in chapter 34A-7 . Any person illegally disposing of solid wa…

Any person hauling or transporting any waste tire as defined in subdivision 34A-6-61(25), originating from a wholesaler or retailer shall ensure the proper disposal of the waste tire at a department approved waste tire collection or processing site, or that it is used in some oth…

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Any solid waste facility permitted to dispose of solid waste in excess of one hundred thousand tons per year shall be equipped with a scale device, approved by the Department of Public Safety, and shall weigh and maintain records of the total amount of solid waste disposed of at …

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Any wholesaler or retailer of lead acid batteries shall accept, on a one for one exchange basis, used lead acid batteries and shall ensure the proper handling and disposal of the batteries. Source: SL 1992, ch 254 , § 50U.

The provisions of chapter 34A-7 relating to beverage containers, garbage bags, and garbage can liners, auxiliary containers, and § 34A-6-68 relating to uniform recycling codes for plastic containers, preempt all laws by any other political subdivision of the state relating to aux…

For purposes of this chapter, the term, infectious waste, means medical waste that contains any disposable equipment, instruments, utensils, human tissue, laboratory waste, blood specimens, or substances that carry pathogenic organisms from rooms of patients who have been diagnos…

For purposes of this chapter, medical waste means disposable equipment, instruments, utensils, human tissue, laboratory waste, blood specimens, or other substances that could carry pathogenic organisms. Source: SL 2013, ch 167 , § 1; SL 2015, ch 193 , § 2.

Except as permitted in this chapter, no person may: (1) Knowingly and intentionally possess more than twenty gallons or two hundred pounds, whichever is less, of an aggregate weight or volume of infectious waste at a place other than the facility at which such waste was generated…

Except as permitted in this chapter, no person may: (1) Knowingly and intentionally possess more than three hundred gallons or three thousand pounds, whichever is less, of an aggregate weight or volume of infectious waste at a place other than the facility at which such waste was…

A person is guilty of unlawful release of infectious waste in the fourth degree if the person with criminal negligence, engages in conduct which causes the release to the environment of infectious waste. Unlawful release of infectious waste in the fourth degree is a Class 1 misde…

A person is guilty of unlawful release of infectious waste in the third degree if the person: (1) Recklessly engages in conduct which causes the release to the environment of infectious waste; or (2) Knowingly engages in conduct which causes the release to the environment of infe…

A person is guilty of unlawful release of infectious waste in the second degree if the person: (1) Knowingly or recklessly engages in conduct which causes the release to the environment of infectious waste which includes any quantity of infectious waste which is capable at the ti…

A person is guilty of unlawful release of infectious waste in the first degree if the person: (1) Knowingly engages in conduct which causes the release to the environment of infectious waste, which includes any quantity of infectious waste which is capable at the time of transpor…

Source: SL 1972, ch 198 , § 9; SDCL § 34-16B-24; SL 2007, ch 204 , § 3.