Title 34A — ENVIRONMENTAL PROTECTION

Pursuant to the provisions of § 34A-6-53 , the Legislature hereby approves the operation of the Sioux Falls/Regional Sanitary Landfill located near Sioux Falls, South Dakota, with respect to the disposal of solid waste and finds that the facility is environmentally safe and in th…

No recycler, scrap metal dealer, or scrap yard operator may purchase any metal beer keg, whether damaged or undamaged, except from the brewer or its authorized representative, if: (1) The keg is clearly marked as the property of a brewery manufacturer; or (2) The keg's identifica…

Terms used in this section and §§ 34A-6-109 to 34A-6-112 , inclusive, mean: (1) "Industrial or commercial account," any person or business, including a scrap metal business, operating from a fixed location, that sells nonferrous metal to a scrap metal recycler pursuant to a contr…

Each scrap metal business shall keep records of each transaction involving the purchase of nonferrous metal property that exceeds one hundred dollars, provided that records of any transaction involving a detached catalytic converter must be kept regardless of purchase price. The …

Any payment for the purchase of nonferrous metal property that exceeds one hundred dollars shall be made by either check or electronic funds transfer. Source: SL 2019, ch 161 , § 2.

Only a scrap metal business with a valid state sales tax license may purchase a detached catalytic converter. A person may not purchase, trade for, or pledge to buy a detached catalytic converter, or offer or advertise to purchase, trade for, or pledge to buy a detached catalytic…

The record required by §§ 34A-6-108 to 34A-6-112 , inclusive, shall be open to the inspection of any law enforcement officer at all times during the ordinary hours of business or at reasonable times if ordinary hours of business are not kept. The record shall be maintained at the…

If a copy of the record of the transaction is requested by a law enforcement officer, a scrap metal business shall furnish a full, true, and correct transcript of the record from the purchase or receipt of the nonferrous metal property. This record shall be provided or transmitte…

If the scrap metal business is notified by a law enforcement officer that an item of nonferrous metal property has been reported as stolen, a scrap metal business shall hold that property intact and safe from alteration, damage, or commingling, and shall place an identifying tag …

No saltwater, crude oil, waste oil, or other oil or gas field liquid wastes may be stored in an earthen pit or open receptacle unless the facility is directly associated with the development of a specific well or producing property and receives liquid wastes only from that specif…

Radionuclides found in nature, such as radium, thorium, and uranium, that have become concentrated through human activities, and which have been generated during oil and gas production activities with a total laboratory-measured radioactivity level of Radium-226 plus Radium-228 g…

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 §

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. 34A-6-23. Repealed by SL 2015, ch 192 , § 1.

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--Maximu…

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

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…

34A-6-51

34A-6-52

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 retroa…

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.

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 §

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. 34A-6-65. Omitted.

34A-6-66 Waste tire stockpiling and processing facilities—Promulgation of rules. 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 ev…

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.

Capacity shall be sufficient to meet the requirements of state law and all applicable requirements of the United States Environmental Protection Agency. The evaluation shall be submitted to the department on or before January 1, 1993, and shall provide details of a local recyclin…