Title 34A — ENVIRONMENTAL PROTECTION

The department may advise, consult, and cooperate with other agencies and instrumentalities of the state, other states, and the federal government and with affected groups and industries in the formulation of plans and the implementation of solid waste disposal programs. In addit…

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 f…

The Legislature finds that other states have imposed stringent standards for the proper collection and disposal of solid waste and that without such standards and enforcement of them, South Dakota could be burdened with the importation and disposal in the state of large amounts o…

The owner or operator of a solid waste disposal facility that is regulated under §§ 34A-6-1.1 to 34A-6-1.38 , inclusive, is responsible in perpetuity for the solid waste and liable in perpetuity for any pollution or other detrimental effect caused by the solid waste. No person ma…

The board may require as a condition of any permit a financial assurance instrument in a form and an amount prescribed by rules promulgated pursuant to § 34A-6-1.6 or by the specific permit terms and conditions, sufficient to assure performance of the obligations imposed by this …

In addition to financial assurance instruments for environmental protection, the board may require the owner to maintain closure and post - closure accounts. The board shall adopt by rule the amounts to be contributed to the accounts. The accounts established shall be specific to…

The board or the secretary, after public notice and opportunity for public hearing, may issue a permit with reasonable terms and conditions for installation, establishment, modification, operation, or abandonment of a solid waste facility. After publication of the secretary's rec…

The board shall promulgate rules pursuant to chapter 1-26 to specify the procedure for permit issuance, amendment, suspension, revocation, and reinstatement. The rules shall address application form and contents; application completeness review; departmental investigation and eva…

The procedure to amend a permit may be initiated by an application filed by the owner of the facility or by a petition filed by the department or a member of the board specifying the requested modification and the reasons for it. A request for amendment shall be granted if it is …

Permits granted by the board under this chapter shall be initially valid for up to two years from the date of issuance and may be renewed for periods of up to five years. The department shall assess for the processing of all permits, amendments and renewals an application fee. Th…

Because of the additional environmental risks attending large - scale solid waste disposal facilities, a solid waste disposal fee of three dollars per ton or part thereof is hereby levied and imposed upon the disposal of solid waste, other than mine wastes, at any solid waste dis…

Sections 34A-6-1.7 , 34A-6-1.9 , and 34A-6-1.17 do not apply to existing facilities or to any new facility which handles less than twenty - five thousand tons per annum, unless required by federal law or regulation or unless the department can affirmatively demonstrate in a speci…

Because of the inability of the department to inspect out - of - state solid waste at the point of origin, the board may require: (1) that any person disposing of solid waste originating from outside this state file with the operator of the solid waste facility records concerning…

The protection of the health, safety, and welfare of the citizens of this state and the protection of the environment require the safe and sanitary disposal of solid waste. An effective and efficient solid waste disposal program protects the environment and the public, and provid…

The secretary shall make periodic inspections at every permitted solid waste facility to effectively implement and enforce the requirements of §§ 34A-6-1.1 to 34A-6-1.38 , inclusive, and may, in coordination with the secretary of the Department of Transportation, conduct at weigh…

A permit may be suspended or revoked if its terms or conditions or the provisions of §§ 34A-6-1.1 to 34A-6-1.38 , inclusive, are violated. The secretary may initiate the process to suspend or revoke by serving a notice and order of suspension or revocation on the permit holder. T…

If the secretary has reason to believe that a violation of §§ 34A-6-1.1 to 34A-6-1.38 , inclusive, has occurred, the secretary shall cause written notice to be served personally or by mail upon the alleged violator or the alleged violator's agent. The notice shall state the provi…

In a notice given under § 34A-6-1.22 , the secretary may also require the alleged violator to appear for a public hearing to be conducted before the board, and to answer the charges made against the alleged violator. If the secretary does not require an alleged violator to appear…

After a hearing, or on the failure of an alleged violator to make a timely request for a hearing, the board may issue an appropriate decision in compliance with § 1-26-25 and an order to prevent, abate, restrain, or control acts in violation of §§ 34A-6-1.1 to 34A-6-1.38 , inclus…

Notwithstanding the provisions of § 1-26-32 , an appeal may not stay the effectiveness of any order of the board, unless the court finds that there is probable cause to believe that refusal to grant a stay will cause more serious harm to the affected party than granting it will c…

The secretary may issue an emergency order compelling any person who is committing an act or failing to take action, or threatening either, which violates §§ 34A-6-1.1 to 34A-6-1.38 , inclusive, and which will cause substantial pollution, the harmful effects of which cannot be re…

Upon issuing an order pursuant to § 34A-6-1.26 , the secretary shall fix a place and time for a hearing before the board, not later than five days after the order is issued, unless the person to whom the order is directed requests a later time. The secretary may deny a request fo…

In the alternative or at any point where the secretary determines that the emergency administrative order is not achieving the necessary action and the legal process should be invoked, and upon receipt of evidence that a solid waste or combination of sources is presenting an immi…

The department may bring an action without furnishing of bond, for an injunction against the continuation of any threatened or actual violation, or against any person who fails to comply with an emergency order issued by the secretary by virtue of § 34A-6-1.26 , or any final orde…

34A-6-1.31 Operation of facility without or in violation of permit--Penalties--Civil penalty. 34A-6-1.32

Any person who knowingly and intentionally operates a solid waste facility without a permit is guilty of a Class 5 felony. Any person who knowingly and intentionally violates a permit term or condition or who intentionally makes any false statement or representation in any applic…

34A-6-1.33 Exhaustion of administrative remedies not required. 34A-6-1.34 Enforcement of rules by board through permit procedures--Department as designated agency for purposes of federal laws. 34A-6-1.35 Functions of department--Delegation of duties and authority--Power to accept…

The department need not exhaust its administrative remedies, if any exist, before commencing any action to enforce the provisions of §§ 34A-6-1.1 to 34A-6-1.38 , inclusive. Source: SL 1989, ch 306 , § 33.

The board may enforce through its permit procedures those rules promulgated by the secretary pursuant to chapter 34-21 that pertain to the land disposal of radioactive substances. The department is designated the agency for all state purposes of the Federal Solid Waste Disposal A…

The department shall perform all the functions with respect to the control of solid waste disposal as provided for by §§ 34A-6-1.1 to 34A-6-1.38 , inclusive, except that the Board of Minerals and Environment shall perform any quasi - legislative, quasi - judicial, advisory, and s…

34A-6-1.37

34A-6-1.38 County or municipal imposition and levy of disposal fee--Payment and collection--Distribution of shares. 34A-6-1.39

In addition to the solid waste disposal fee assessed by the state under § 34A-6-1.17 and by a political subdivision under § 34A-6-29 , a county or municipality may impose and levy a solid waste disposal fee upon the disposal of solid waste at a solid waste facility within, or ope…

34A-6-1.40 Removal of improperly disposed solid waste--Alternative means of disposal. 34A-6-2 34A-6-2 to 34A-6-16. Repealed by SL 1989, ch 306 , § 1. 34A-6-17 Plans for county systems--Submission to state board. 34A-6-18 County grant of franchises--Approval by voters--Maximum per…

No person may construct, alter, or operate a solid waste disposal site or facility without a permit or in violation of §§ 34A-6-1.1 to 34A-6-1.38 , inclusive, the rules or the terms and conditions of the facility permit. Nor may any person dump, abandon, or dispose of any solid w…

Any person convicted of a violation of § 34A-6-1.4 shall, in addition to any other penalty, remove the solid waste from where it was improperly disposed and shall dispose of such solid waste in a manner consistent with this chapter. However, the court may provide for an alternati…

Repealed by SL 2012, ch 215 , § 31.

The board shall promulgate rules pursuant to chapter 1-26 setting forth the requirements for the issuance, renewal, reissuance, revocation, or suspension of solid waste management system, solid waste facility, and resource recovery permits. In promulgating these rules the board s…

The board shall require that, unless it is demonstrated in a specific case that groundwater degradation will not occur, the holder of the permit for each landfill permitted pursuant to § 34A-6-1.13 , shall install and maintain a groundwater monitoring system to adequately determi…

Each of the following specific areas shall be addressed in detail in the application unless the secretary in accordance with rules promulgated pursuant to § 34A-6-1.6 determines that it is inappropriate for the specific type of facility: (1) An operations plan which details the s…

Any nation, state, first or second class municipality, county, or political subdivision which has solid waste generated within its boundaries disposed of in this state shall be responsible in perpetuity for the solid waste and liable in perpetuity for any pollution or other delet…

No person may, with intent to cause an unlawful release of infectious waste: (1) Transfer, transport, repackage, or convey the waste to another person, thereby causing the other person to possess, store, transport, or dispose of the infectious waste in violation of this chapter; …

If a person is convicted of a crime under the provisions of §§ 34A-6-93 to 34A-6-102 , inclusive, the sentence of the court, in addition to the penalties provided in §§ 22-6-1 and 22-6-2 , may include the following: (1) Payment of the cost of restoring to its original state the a…

All fines and penalties collected pursuant to §§ 34A-6-93 to 34A-6-102 , inclusive, shall be deposited in the regulated substance response fund established in §

A person, as defined in subdivision 22-1-2(31), but excluding any natural person is guilty of unlawful release of medical waste if the person with negligence engages in conduct which causes the release of medical waste to a recycling disposal destination. Any natural person is gu…

No hauler or transporter of waste may be prosecuted for unlawful release of medical waste under § 34A-6-102.1 unless the hauler or transporter of waste had actual knowledge that medical waste had been placed in the hauler or transporter's dumpster by another person before the was…

If the county board of commissioners grants preliminary approval at the first meeting, a second meeting shall be held at least one hundred twenty days after the preliminary approval was granted. The county shall publish notice of the second meeting in the official newspapers of t…

The county may not grant approval for a municipal solid waste landfill, materials recovery facility, or incinerator under § 34A-6-103 unless at least two meetings of the county board of commissioners have been held to consider the question of county approval. The first meeting sh…

The board may promulgate rules pursuant to chapter 1-26 , in order to implement the provisions of 40 CFR parts 257 and 258 as amended to January 1, 1993, in a state solid waste program approved by the United States Environmental Protection Agency. Source: SL 1993, ch 257 , § 9.

Pursuant to the provisions of § 34A-6-53 , the Legislature hereby approves the operation of the Big Stone Power Plant near Big Stone City, South Dakota, with respect to the disposal of solid waste and finds that the facility is environmentally safe according to regulations in eff…