Title 34A, ENVIRONMENTAL PROTECTION

The board of county commissioners in each county of the state shall plan, initiate, and provide a solid waste management system to adequately handle solid wastes generated or existing within the boundaries of the county. The plan shall be submitted to the Board of Minerals and En…

Any county may grant and regulate franchises for the purpose of collection and disposal of solid waste, as solid waste is defined by subdivision 34A-6-1.3 (17), in those parts of the county not subject to the jurisdiction of a municipality. Such franchises may be granted for a pa…

The procedure prescribed for municipalities in § 34A-6-25 shall also apply to counties when granting franchises pursuant to § 34A-6-18 . The governing body of the county shall substantially follow the procedure that a municipality would use in the granting of a franchise, where a…

The board of county commissioners of a county may enter into agreements with other counties, one or more municipalities, townships, governmental agencies, with private persons, trusts, or with any combination thereof to provide a solid waste management system for all participatin…

By agreement or contractual arrangement the board of county commissioners may assume responsibility for solid wastes generated within municipalities whether within the county or other counties. Source: SL 1972, ch 198 , § 13; SDCL, § 34-16B-19.

All sanitary districts and counties shall have the same rights and responsibilities under this chapter as municipalities. Source: SL 1972, ch 198 , § 12; SDCL, § 34-16B-20.

Any municipality may grant and regulate franchises for the purpose of collection and disposal of solid waste, as defined in subdivision 34A-6-1.3 (17), if the solid waste originates in the municipality or in a zone adjacent to the municipality that is not a part of another munici…

No franchise may be granted by any municipality pursuant to § 34A-6-24 unless the governing body of the municipality submits the proposition of issuing the franchise to a vote of the electors at a general or special election called for that purpose. Before submitting the proposit…

The governing body of the municipality may enter into agreements with a county or counties, with one or more other municipalities, with a regional recycling and waste management district created pursuant to chapter 34A-16 , with Indian tribes, with private persons, corporations, …

Municipalities and counties may combine to grant and regulate franchises for the purposes outlined in §§ 34A-6-18 and 34A-6-24 . Franchises granted under this section must be approved by the electors in the same manner as provided by § 34A-6-18 . In case the electors of any polit…

The procedure prescribed in § 34A-6-25 shall apply to franchises granted by combinations of municipalities and counties pursuant to § 34A-6-27 , and the general election laws shall be substantially followed. A county and municipality adopting a franchise ordinance under this sect…

The governing body of a municipality, county, or subdivision may levy and collect fees and charges and require licenses as are necessary to discharge their responsibility. The fees, charges, and licenses shall be based on a fee schedule set forth in an ordinance or resolution. If…

Any county, municipality, or other political subdivision of the state that is authorized to own or operate a solid waste or recycling facility or system may accept and disburse funds derived from grants from the federal or state governments, from private sources, from moneys that…

Municipalities are authorized to acquire by gift, devise, lease, purchase, or eminent domain real or personal property necessary to the installation and operation of a solid waste management system either individually or as a party to a regional or county solid waste authority. A…

If the term of any contract entered into pursuant to § 34A-6-26 or 34A-6-38 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…

The governing body of any county, municipality, or other political subdivision of the state may, by ordinance or resolution, establish policies and requirements governing the operation of any solid waste management facility or system or any recycling facility owned or operated by…

Any local governing body in accordance with existing statutory authority, may by ordinance or resolution adopt standards for the location, design, construction, and maintenance of solid waste disposal sites and facilities more restrictive than those adopted by the State Departmen…

No large-scale solid waste facility may be sited, constructed, or operated in this state unless the Legislature enacts a bill approving the siting, construction, or operation of the facility pursuant to a solid waste permit or permit renewals, issued by the Board of Minerals and …

A large - scale solid waste facility is any single facility, or two or more facilities operated as a single unit, in which over two hundred thousand tons of solid waste is disposed or incinerated per year. Source: SL 1991, ch 453 (I.M. 1).

The Board of Minerals and Environment shall cause any existing large-scale solid waste facility to cease operation unless legislative approval as prescribed in § 34A-6-53 has been obtained. Source: SL 1991, ch 453 (I.M. 1); SL 2011, ch 165 , § 122.

The provisions of §§ 34A-6-53 to 34A-6-56 , inclusive, are retroactive to July 1, 1989. Source: SL 1991, ch 453 (I.M. 1). 34A-6-57. Rejected by referred law no 1, November 3, 1992.

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…

Upon the recommendation of the secretary and after public notice in at least three newspapers of general circulation in this state and notice to all municipalities, counties, and tribal governments and opportunity for public hearing, the board may issue a general permit for a cat…

The Legislature finds that the implementation of federal regulations under subtitle D of the Resource Conservation and Recovery Act, P.L. 94-580, as amended to January 1, 2011, will reduce the available landfill capacity in the state for the disposal of municipal solid waste. The…

The Legislature intends by §§ 34A-6-59 to 34A-6-92 , inclusive, to establish programs and regulations that reduce the waste stream disposed of in landfills in this state and thus protect the public health, safety, and welfare of all South Dakotans, protect the environment, and re…

Terms used in §§ 34A-6-59 to 34A-6-92 , inclusive, mean: (1) "Agency" or "state agency," each association, authority, board, commission, committee, council, department, division, office, officer, task force, or other agent of the state vested with the authority to exercise any po…

The department shall establish a statewide waste reduction and recycling program to promote the waste management policy contained in § 34A-6-59 and 34A-6-60 and the waste management hierarchy contained in § 34A-6-1.2 . The program shall encourage waste generators to reduce the vo…

The elements of the program required in § 34A-6-62 shall include promotion of: (1) Efforts to increase the purchase and use of recycled products by government, business, and the public; (2) Efforts to recover recyclable materials from the waste stream; (3) Local efforts to implem…

The governing body of any county, municipality, or political subdivision of the state may, by ordinance or resolution, establish policies, requirements, and procedures for the purchase, acquisition, sale, or transfer of any solid waste, as defined in § 34A-6-1.3 ; solid waste by-…

Disposal of tires at sanitary landfills in this state is prohibited beginning on July 1, 1995, unless the tire has been processed in the manner established in rule by the board. Source: SL 1992, ch 254 , § 26.

The department shall determine the number of stockpiling facilities that are necessary; and the board shall promulgate rules, pursuant to chapter 1-26 , for waste tire stockpiling and processing facilities. The rules shall include the following: (1) The prohibition of burning wit…

In order to achieve the waste reduction goals provided for under § 34A-6-60 , no landfill in the state may accept yard waste, lead acid batteries, waste motor oil, or white good appliances for disposal. Office and computer paper, old newspaper, magazines, telephone books, corruga…

Beginning July 1, 1995, no person may distribute, sell, or offer for sale in this state any plastic bottle or rigid plastic container unless the product is labeled with a code indicating the plastic resin used to produce the bottle or container. Rigid plastic bottles or rigid pla…

The department may inspect, as provided in § 34A-6-1.20 , any facility engaged in the transport, storage, or processing of materials for recycling, reuse, or other solid waste management purposes. Source: SL 1992, ch 254 , § 32.

Each county and first class municipality shall prepare or have prepared, on or before January 1, 1993, a solid waste evaluation coordinated with the state solid waste management plan. The evaluation shall cover a fifteen-year time period, shall serve as the basis for county and m…

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 …

Each county and first class municipality shall be the responsible unit of government for preparing the solid waste evaluation required under § 34A-6-70 . The responsible unit shall evaluate capacity to meet the solid waste management needs of the unit for a period of at least fif…

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…