Title 34A, ENVIRONMENTAL PROTECTION

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 § 34A-12-3 . Source: SL 1992, ch 259 , § 10.

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…

Any application to the Board of Minerals and Environment or the secretary for a new permit or first authorization to operate under a general permit for a facility for the transportation, storage, treatment, or disposal of solid waste or medical waste pursuant to this chapter shal…

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…

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 § 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…