Title 34A — ENVIRONMENTAL PROTECTION

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…

There is hereby imposed a solid waste management fee of twenty - five cents per tire, not to exceed one dollar per vehicle on each motor vehicle registered and licensed in this state. Before any vehicle is registered as a commercial or noncommercial motor vehicle pursuant to chap…

The solid waste management fee imposed by § 34A-6-83 shall be paid by the owner to the county treasurer or secretary of revenue at the registration and licensing of the motor vehicle, and the fee shall be remitted to the state treasury by the county treasurer or secretary of reve…

Twenty-five percent of the fees received pursuant to §§ 34A-6-81 and 34A-6-82 shall be deposited in the environment and natural resources fee fund established in § 1-41-23 and shall be used to defray costs of administering the solid waste management program requirements of chapte…

In addition to the financial assistance provided for under § 34A-6-85 , the Board of Water and Natural Resources shall expend an amount not to exceed two hundred fifty thousand dollars in fiscal years 1997 and 1998 from the fees collected pursuant to § 34A-6-83 in order to help d…

34A-6-87 Illegal dumping penalties. 34A-6-87.1 Disposal of tire waste--Collection or processing sites--Penalties for violations. 34A-6-88

It is unlawful to willfully dispose of solid waste in a manner inconsistent with the provisions of this chapter. Illegal disposal of solid waste in a quantity less than ten pounds shall constitute littering as provided in chapter 34A-7 . Any person illegally disposing of solid wa…

Any person hauling or transporting any waste tire as defined in subdivision 34A-6-61(25), originating from a wholesaler or retailer shall ensure the proper disposal of the waste tire at a department approved waste tire collection or processing site, or that it is used in some oth…

Transferred to §

Any solid waste facility permitted to dispose of solid waste in excess of one hundred thousand tons per year shall be equipped with a scale device, approved by the Department of Public Safety, and shall weigh and maintain records of the total amount of solid waste disposed of at …

Transferred to §

Any wholesaler or retailer of lead acid batteries shall accept, on a one for one exchange basis, used lead acid batteries and shall ensure the proper handling and disposal of the batteries. Source: SL 1992, ch 254 , § 50U.

The provisions of chapter 34A-7 relating to beverage containers, garbage bags, and garbage can liners, auxiliary containers, and § 34A-6-68 relating to uniform recycling codes for plastic containers, preempt all laws by any other political subdivision of the state relating to aux…

For purposes of this chapter, the term, infectious waste, means medical waste that contains any disposable equipment, instruments, utensils, human tissue, laboratory waste, blood specimens, or substances that carry pathogenic organisms from rooms of patients who have been diagnos…

For purposes of this chapter, medical waste means disposable equipment, instruments, utensils, human tissue, laboratory waste, blood specimens, or other substances that could carry pathogenic organisms. Source: SL 2013, ch 167 , § 1; SL 2015, ch 193 , § 2.

Except as permitted in this chapter, no person may: (1) Knowingly and intentionally possess more than twenty gallons or two hundred pounds, whichever is less, of an aggregate weight or volume of infectious waste at a place other than the facility at which such waste was generated…

Except as permitted in this chapter, no person may: (1) Knowingly and intentionally possess more than three hundred gallons or three thousand pounds, whichever is less, of an aggregate weight or volume of infectious waste at a place other than the facility at which such waste was…

A person is guilty of unlawful release of infectious waste in the fourth degree if the person with criminal negligence, engages in conduct which causes the release to the environment of infectious waste. Unlawful release of infectious waste in the fourth degree is a Class 1 misde…

A person is guilty of unlawful release of infectious waste in the third degree if the person: (1) Recklessly engages in conduct which causes the release to the environment of infectious waste; or (2) Knowingly engages in conduct which causes the release to the environment of infe…

A person is guilty of unlawful release of infectious waste in the second degree if the person: (1) Knowingly or recklessly engages in conduct which causes the release to the environment of infectious waste which includes any quantity of infectious waste which is capable at the ti…

A person is guilty of unlawful release of infectious waste in the first degree if the person: (1) Knowingly engages in conduct which causes the release to the environment of infectious waste, which includes any quantity of infectious waste which is capable at the time of transpor…

Source: SL 1972, ch 198 , § 9; SDCL § 34-16B-24; SL 2007, ch 204 , § 3.

Terms used in this chapter mean: (1) "Beverage," beer or other malt beverages and mineral waters, soda water, and similar carbonated soft drinks in liquid form and intended for human consumption; (2) "Beverage container," the individual, separate, sealed glass, metal, or plastic …

In addition to any fine imposed under this chapter, the court may order that the person convicted of such a violation remove and properly dispose of the litter, may employ special bailiffs to supervise such removal and disposal, and may tax the costs of such supervision as costs …

The attorney general may file for an injunction against continuing violators of this chapter. Source: SL 1974, ch 242 , § 12; SDCL Supp, § 34-16C-15; SL 1976, ch 214 , § 7; SL 1977, ch 190 , § 39; SL 1992, ch 158 , § 47.

Any person violating the provisions of this chapter may be enjoined from further violations in the circuit courts of this state. Such suits may be brought by any citizen of the state. An action for injunction shall be an alternative to, or in addition to, criminal proceedings. So…

This chapter applies throughout the state, both within and without home rule units. Nothing in this chapter prohibits the enactment of litter control ordinances by home rule units but the requirements of such ordinances must be at least as stringent as those imposed by this chapt…

Municipalities and counties may by ordinance regulate litter, provide penalties for violations of such ordinances, establish procedures for court appearances for violations, and provide penalties for failure to appear on a written promise. Source: SL 1976, ch 213 ; SDCL Supp, § 3…

Except as otherwise provided, if any person is arrested for a violation of any municipal ordinance adopted pursuant to this chapter, the arresting law enforcement officer or other municipal enforcement officer shall take the name and address of the person and issue a complaint or…

This chapter shall be enforced by all law enforcement officers including conservation officers in their respective jurisdictions, whether employed by the state or by any unit of local government. Prosecutions for violation of this chapter shall be conducted by the state's attorne…

In addition to the penalties provided, any violation of § 34A-7-6 or 34A-7-7 that involves littering with an aggregate weight of more than five pounds is punishable by a fine not to exceed one thousand dollars, of which twenty percent shall be paid to any person who provides info…

In order to assist the public in complying with this chapter, the owner or person in control of any property which is held out to the public as a place for assemblage, the transaction of business, recreation, or as a public way shall cause to be placed and maintained receptacles …

For purposes of § 34A-7-2 , the term, property held out to the public for the transaction of business, includes commercially operated parks, campgrounds, drive-in restaurants, automobile service stations, business parking lots, car washes, shopping centers, marinas, boat launchin…

No person may dump, deposit, drop, throw, discard, leave, cause or permit the dumping, depositing, dropping, throwing, discarding or leaving of litter upon any public or private property in this state, or upon or into any river, lake, pond, or other stream or body of water in thi…

No person may dump, deposit, drop, throw, discard, or otherwise dispose of litter from any motor vehicle upon any public highway, upon any public or private property or upon or into any river, lake, pond, stream, or body of water in this state except as permitted by law. No perso…

In addition to any penalty imposed under this chapter, a person convicted of violating § 34A-7-7 while operating a motor vehicle is considered to have been convicted of a moving traffic violation. A report of conviction of the provisions of this chapter shall be forwarded to the …

No person may allow litter to accumulate upon real property, of which the person charged is the owner or tenant in control, in such a manner as to constitute a public nuisance or in such a manner that the litter may be blown or otherwise carried by the natural elements onto the r…

Terms as used in this chapter, unless the context otherwise requires, mean: (1) "Endangered species," any species of wildlife or plants which is in danger of extinction throughout all or a significant part of its range other than a species of insects determined by the Game, Fish …

A species of wildlife appearing on any of the lists enumerated in § 34A-8-9 may enter South Dakota from another state or from a point outside the territorial limits of the United States and may be transported, possessed, sold, and purchased in accordance with the terms of a permi…

Upon good cause shown and where necessary to alleviate damage to property or to protect human health, endangered or threatened species found on the state list may be removed, captured, or destroyed pursuant to a permit issued by the secretary of game, fish and parks. A violation …

34A-8-13 Legislative approval required for reintroduction of species.

No species that is currently extinct in this state and that has been placed on the threatened or endangered species list pursuant to the federal "Endangered Species Act of 1973," as amended to January 1, 1995, may be reintroduced into this state through action by any federal, sta…

The game, fish and parks secretary shall conduct investigation on nongame, endangered, or threatened wildlife to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data to determine management measures ne…

On the basis of determinations pursuant to § 34A-8-2 the Game, Fish and Parks Commission shall promulgate a list of those species of wildlife which are determined to be endangered or threatened within the state. The Game, Fish and Parks Commission shall make these determinations …

(3) The United States list of endangered or threatened foreign wildlife effective on January 1, 1977. (4) The United States list of endangered or threatened plants effective on January 1, 1977. A violation of this section is a Class 2 misdemeanor. Source: SL 1977, ch 335 , § 5; S…