Title 34A — ENVIRONMENTAL PROTECTION

The board of trustees shall adopt policies and regulations for the conduct of its business and shall fix a stated time at which the regular meetings of the board shall be held. A majority of the board of trustees constitutes a quorum but a smaller number may adjourn from day to d…

The board of trustees shall establish an office within the sanitary district and shall maintain a full, complete, accurate, and itemized account of all of its proceedings, ordinances, orders, resolutions, and regulations. Source: SL 1947, ch 226 , § 16; SDC Supp 1960, § 45.3816; …

The board of trustees shall have the following powers: (1) To appoint a treasurer and a clerk, an engineer and attorney for such sanitary district and fix their compensation. Such officers shall hold their respective offices during the pleasure of said board, and shall give bond …

34A-5-27 Employment of personnel for district--Professional assistance. 34A-5-28 Trustees and employees not to be interested in district transactions. 34A-5-28.1 Trustee permitted to contract with district under certain conditions. 34A-5-29 Ordinances, resolutions, orders and reg…

The board of trustees may employ and prescribe the duties and fix the compensation of all necessary officers and employees of the sanitary district, and may employ such additional engineering, legal, financial, and other professional assistance as the board deems necessary. Sourc…

No trustee or employee of a sanitary district may be directly or indirectly interested in any contract, work, or business of the district, or the sale of any article, the expense, price, or cost of which is paid by the district, nor in the purchase of any real, personal, or other…

Notwithstanding any other provisions of law, a member of the board of trustees of a sanitary district may contract with the district for which the member serves, if the consideration consists of three thousand dollars or less per year and if the consideration for such supplies or…

The board of trustees may pass and implement all necessary ordinances, resolutions, orders, and regulations for the proper management and conduct of the business of the sanitary district. Source: SL 1947, ch 226 , § 15; SL 1953, ch 268 ; SDC Supp 1960, § 45.3815 (6); SL 1964, ch …

If the board of trustees of a sanitary district has entered into any contract with any municipality for the purpose of using its facilities for the treatment and disposal of sewage, the sanitary district may, by ordinance, adopt by reference, in whole or in part, the ordinances o…

The board of trustees may elect to waive the requirement that a new ordinance or resolution be published by providing written notice of the passage of such ordinance or resolution to each resident within the boundaries of the sanitary district. The written notice may be accomplis…

Any person making application for the organization of a sanitary district shall first cause an accurate map to be made of the territory intended to be included in the sanitary district, showing the boundaries and area of the district. The accuracy of the map shall be verified by …

The board of trustees may construct and operate storm and sanitary sewers and sewage disposal plants, borrow money, levy taxes and special assessments, and issue bonds. Notwithstanding the provisions of § 34A-5-26 , the board of trustees may borrow money for purposes described in…

All proceedings for the construction and operation of sewer and sewage disposal plants and solid waste disposal plants and systems and the borrowing of money, making of special assessments, and issuing of bonds shall be governed, to the extent applicable, by § 9-12-1 and chapters…

If a sanitary district commences a condemnation action and files a declaration of taking and obtains an order of possession as provided in chapter 31-19 , and later abandons the action when the property is no longer necessary for public purposes or the use of which the property w…

The board of trustees of a sanitary district may sell and convey real property held by a sanitary district, the title to which has been obtained from any source, and which is not required for public purposes and has been or is about to be abandoned for public purposes. The sale a…

The board of trustees may enter into contracts with any municipality for the purpose of using the facilities of the municipality for the treatment and disposal of sewage of the district or making the facilities of the district available to the municipality. Source: SL 1947, ch 22…

The board of trustees may require by ordinance or resolution that all dwellings or structures within the district, or within a defined area, shall be connected with the sewers of the district. They may also require minimum sanitary facilities, immediately or within a specified pe…

The board of trustees may: (1) Fix reasonable rates and charges for services furnished and made available by the district to users of its facilities; (2) Provide for the collection of the charges; (3) Pledge the net revenues derived from the charges to the payment of bonds made p…

If revenue bonds are issued in accordance with the provisions of chapter 9-40 , the sanitary district shall, until all such bonds and interest on the bonds are fully paid, fix such rates and charges and revise them from time to time in such manner that the collections of the char…

If bonds are issued in lieu of special assessment certificates in accordance with the provisions of chapter 9-43 , the sanitary district board of trustees may provide that rates and charges shall be fixed and from time to time revised to produce net revenues at all times sufficie…

If a sanitary district has been established in accordance with the procedures provided in this chapter, no further proceedings are required under the provisions of §§ 9-48-26 to 9-48-31 , inclusive, and funds derived from the district's sewer rates and charges are not subject to …

34A-5-5 Survey, map, and census made available for public examination. 34A-5-6 Application for incorporation of district--Number of signatures required--Filing. 34A-5-7 Commissioners' order to incorporate district upon assent of electors--Name of district. 34A-5-8 34A-5-8 to 34A-…

The board of trustees may cause the amount of any charges, and interest and penalties on the charges, for sewer service rendered or made available to any land within the district, which are due and unpaid on the first day of October in each year to be certified by the clerk of th…

The board of trustees of any sanitary district incorporated under this chapter may submit to the voters of the district at an annual election or a special election called and held in accordance with chapter 9-13 the question whether the district shall be authorized to acquire and…

On petition in writing signed by not less than twenty percent of the legal voters residing within the district, as shown by the vote for the member of the board of trustees receiving the highest vote at large at the last preceding annual election in the district or upon its own m…

At the time of the hearing, or of any adjournment of the hearing, the trustees shall consider any objections to the proposed resolution and may adopt the resolution, with or without amendment, as it may deem proper. However, no amendment may be made affecting any property not des…

Upon failure of the board of trustees to grant the request contained in the petition of the voters, the petitioners or any party feeling aggrieved thereby may within thirty days after the decision of the board of trustees or county commissioners, or within ninety days after the f…

If the limits of any district are changed by resolution or by decree of court, the president of the board of trustees shall cause an accurate map of the territory, together with a copy of the resolution or decree, duly certified, to be recorded in the office of the register of de…

A municipality and a sanitary district, or any group of two or more such public corporations may form a consolidated sanitary district, comprising their combined area in a manner set forth in this section and §§ 34A-5-47 to 34A-5-51 , inclusive. The governing body of each of the …

The governing body of each of the corporations described in § 34A-5-46 shall by resolution submit the question of consolidation to the voters of such corporation at a special election called for the purpose or at the next regular election. The proposition shall be submitted to th…

If the voters of each corporation approve the formation of the consolidated sanitary district by a majority of their votes cast on the consolidation question, the governing body of each corporation shall so declare by resolution. Each governing body shall cause a certified copy o…

The consolidated sanitary district may not, however, by virtue of its incorporation, acquire any of the property or assume any of the debts, obligations, or liabilities of any municipality or sanitary district included within its boundaries. Source: SL 1964, ch 144 , § 8; SL 1966…

The survey and map when completed shall be left at some convenient public place, to be designated by the county auditor of the county in which the application for incorporation is to be filed, within the territory for a period of not less than twenty days for examination by any p…

Forthwith upon the creation of a consolidated sanitary district, a board of trustees shall be elected and govern the consolidated sanitary district in the same manner as provided with reference to other sanitary districts by §§ 34A-5-16 to 34A-5-40 , inclusive. Source: SL 1964, c…

A consolidated sanitary district may contract with any municipality or sanitary district, within or outside its corporate limits, for the purchase of facilities of the type which it is authorized to construct or acquire and operate, or may contract for the use of such facilities,…

All sanitary sewer districts, established pursuant to chapter 34A-5 , and having a de facto existence of one year or more by December 31, 1979, are declared to be valid and legally created subdivisions of the state. The validity and regularity of the creation of these sanitary di…

A majority of the qualified voters of an incorporated sanitary district may petition a court of competent jurisdiction for the dissolution of the sanitary district. Dissolution proceedings shall, when not in conflict with this chapter, conform to the provisions for dissolution of…

Notwithstanding the provisions of § 34A-5-53 , the board of trustees of an incorporated sanitary district, the entire boundaries of which have been annexed to a municipality, may by unanimously adopting a proper resolution, provide for the dissolution of the sanitary district and…

The outstanding bonded indebtedness of any sanitary district that dissolves itself may be assumed by a municipality that assumes the assets of such sanitary district. Before a municipality may assume such bonded indebtedness, the governing body of the municipality shall by resolu…

34A-5-56 Certified copy of budget to county auditors and secretary of revenue.

Immediately after completion of a budget and adoption of special assessments by a sanitary district board of trustees, but not later than the first of September, the secretary of the district shall send one certified copy of such budget to the county auditors of the affected coun…

The application for organization shall be as provided in § 6-16-2 and shall be filed with the county auditor and presented to the board of county commissioners for consideration at the board's next meeting. Source: SL 1947, ch 226 , § 5; SDC Supp 1960, § 45.3805; SL 1964, ch 144 …

If the board of county commissioners is satisfied that the requirements of this chapter have been fully complied with, the board shall issue an order declaring that the territory shall, with the assent of the electors as specified in § 6-16-2 , in an election as provided in §§ 6-…

The approval of the assumption of such debt shall require a favorable vote of a majority of the voters of the public body voting on the question. Before any election may be held on such assumption, the holder of such bonds shall, in writing, approve the question. Source: SL 1986,…

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…