Title 34A — ENVIRONMENTAL PROTECTION

A regional recycling and waste management district may obtain designation authority if: (1) Designation authority has been included in the district's articles of incorporation; (2) The district has prepared a comprehensive solid waste management plan and designation plan as provi…

The designation may not apply to or include materials that are separated from solid waste by the generator of the waste for reuse or recycling and recovered for reuse in their original form or for use in manufacturing processes. Source: SL 1993, ch 259 , § 36.

Before adopting a designation ordinance, the district shall adopt a comprehensive solid waste management plan. The district shall also prepare a designation plan which may be combined with the comprehensive solid waste management plan. A district's designation plan shall be consi…

If the plan proposes designation to disposal facilities, the designation plan shall also evaluate: (1) Whether the disposal facility is part of an integrated waste management system involving a processing facility and the designation is necessary for the financial support of the …

If the plan proposes designation to a disposal facility, any solid waste that is subject to a contract between a hauler and a different facility that is in effect on the date notice is given under § 34A-16-40 is not subject to the designation during the contract period. The owner…

The district shall submit the designation plan to the reviewing authority for review and approval or disapproval. If the designation plan has been approved by the reviewing authority or another state agency as part of the review and approval of a comprehensive solid waste managem…

The reviewing authority shall complete its review pursuant to § 34A-16-38 and make its decision within ninety days following submission of the plan for review. The reviewing authority shall approve the designation plan if the plan satisfies the requirements of §§ 34A-16-35 to 34A…

Upon the appointment and qualification of the initial commissioners of the board of a regional recycling and waste management district, the board shall submit to the secretary of state the district's proposed articles of incorporation. The district shall be incorporated as provid…

A district with an approved designation plan shall proceed as provided in this section when adopting or amending a designation ordinance. The district shall hold a public hearing. Notice of the hearing shall: (1) Be published in each official newspaper of the counties and municip…

The designation ordinance shall define the geographic area and the types and quantities of solid waste subject to designation; specify the point or points of delivery of the solid waste; require that the designated solid waste be delivered to the specified point or points of deli…

The designation ordinance shall provide an exception for materials that are exempt or excluded from the designation under § 34A-16-34 or 34A-16-37 ; and for the term of the contract, shall provide an exception for materials subject to a contract affecting the delivery of the wast…

The designation ordinance may not be materially inconsistent with the approved designation plan for the district. The effective date of the designation shall be specified in the designation ordinance and may be not less than sixty days after adoption of the designation ordinance.…

Any person proposing to own or operate a processing facility using waste materials subject to a designation ordinance may notify the regional recycling and waste management district. Source: SL 1993, ch 259 , § 46.

Any person who violates a designation ordinance adopted pursuant to this chapter is guilty of a Class 1 misdemeanor and is also subject to a civil action by the State of South Dakota in circuit court for the recovery of a civil penalty of not more than ten thousand dollars per da…

No solid waste disposal facility owned or operated by any municipality, county, or regional recycling and solid waste management district located within a regional recycling and waste management district may accept for processing or disposal any solid waste generated outside the …

The powers granted by this chapter, including the powers granted to a regional recycling and waste management district, a county or a municipality, are independent from and shall be supplementary to, powers granted by any other statute, and restrictions, conditions, procedural pr…

A district, in the course of investigating and analyzing the suitability of land sought to be acquired for district landfill purposes, may, after reasonable notice and during normal business hours, enter upon any public or private land for the purpose of obtaining information ess…

The Legislature hereby finds that: (1) The high and increasing cost of owning, operating, and closure of solid waste facilities, and the financing thereof, and the increasing federal and other regulatory requirements pertaining to such solid waste facilities, has created an urgen…

In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of a regional recycling and waste management district, the district is conclusively deemed to have become established and authorized to transact its business and exercise its…

The articles of incorporation of a regional recycling and waste management district may be amended by a resolution approved by at least two - thirds of the governing bodies of the municipalities and counties included in the district. Source: SL 1993, ch 259 , § 6.

The powers of each regional recycling and waste management district are vested in the commissioners of the district. Each district shall adopt procedures for its own operation not inconsistent with its articles of incorporation and this chapter. The articles of incorporation may …

Each commissioner shall receive travel and subsistence expense at the rates set pursuant to chapter 3-9 . In addition, per diem at rates established by the Board of Finance shall be paid each member for each day of actual service for traveling to, attending, and returning from me…

The total number of commissioners in a district shall be established in the articles of incorporation. The terms of commissioners who are first elected shall be: at least one - half but no more than sixty percent of the commissioners for terms of four years, and the remainder of …

A county may be divided into more than one regional recycling and waste management district; however, a municipality may only be included in a district if the entire area of the municipality lies within the district. No geographical area may be included in more than one regional …

Source: SL 1993, ch 259 , § 33.

This chapter may be cited as the Uniform Environmental Covenants Act. Source: SL 2005, ch 196 , § 1.

(a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: (1) The agency; (2) The current owner of the fee simple of the real property subject to the covenant; (3) Each person that originally signed the covenant, unle…

(a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: (1) A party to the covenant; (2) The agency; (3) Any person to whom the covenant expressly grants power to enforce; (4) A person whose interest in the real…

(a) The secretary of state shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and the real property subject t…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: SL 2005, ch 196 , § 13.

This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.) but does not modify, limit, or supersede Section 101 of that Act (15 U. S.C. 7001(a)) or authorize electronic delivery of any of the notices…

In this chapter: (1) "Activity and use limitations," means restrictions or obligations created under this chapter with respect to real property; (2) "Agency," means the Department of Agriculture and Natural Resources or any other state or federal agency that determines or approve…

(a) Any person, including a person that owns an interest in the real property, the agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property. …

(a) An environmental covenant must: (1) State that the instrument is an environmental covenant executed pursuant to this chapter; (2) Contain a legally sufficient description of the real property subject to the covenant; (3) Describe the activity and use limitations on the real p…

(a) An environmental covenant that complies with this chapter runs with the land. (b) An environmental covenant that is otherwise effective is valid and enforceable even if: (1) It is not appurtenant to an interest in real property; (2) It can be or has been assigned to a person …

This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or …

(a) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to: (1) Each person that signed the covenant; (2) Each person holding a recorded interest in the real property subject to the covenant; (3) Each person in possession …

(a) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee. (b) Except as otherwise …

(a) An environmental covenant is perpetual unless it is: (1) By its terms limited to a specific duration or terminated by the occurrence of a specific event; (2) Terminated by consent pursuant to § 34A-17-10 ; (3) Terminated pursuant to subsection (b); (4) Terminated by foreclosu…

Terms used in this chapter mean: (1) "Crude oil," any unrefined liquid petroleum; (2) "Crude oil pipeline operator," any person that is transporting crude oil via a pipeline; (3) "Department," the South Dakota Department of Agriculture and Natural Resources. Source: SL 2008, ch 1…

Source: SL 2008, ch 180 , § 10; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021; SL 2021, ch 163 , § 8.

Each crude oil pipeline operator which is issued a permit from the South Dakota Public Utilities Commission under the Energy Conversion and Transmission Facilities Act shall prepare an oil spill response plan. An oil spill response plan must plan for resources for responding, to …

Each crude oil pipeline operator shall update its response plan to address new or different operating conditions or information. Each operator shall review its response plan in full at least every five years from the date of the last submission. Source: SL 2008, ch 180 , § 3.

Each crude oil pipeline operator shall consult the department during the preparation of its oil spill response plan. Source: SL 2008, ch 180 , § 4.

Each crude oil pipeline operator shall submit its initial oil spill response plan to the department prior to putting a pipeline in operation. Source: SL 2008, ch 180 , § 5.

Each crude oil pipeline operator shall review its oil spill response plan at least every five years from the date of the last submission to the department. Source: SL 2008, ch 180 , § 6.

Each crude oil pipeline operator shall submit any modifications to its response plan to the department within thirty days of making such a change. Source: SL 2008, ch 180 , § 7.

Each crude oil pipeline operator shall implement its oil response plan in the event of an oil spill regardless of the cause of the spill or the party responsible for the spill. Source: SL 2008, ch 180 , § 8.

Each crude oil pipeline operator that experiences a spill shall file a written report with the department, within thirty days of discovery of the spill, if the spill: (1) Is of five gallons or more; or (2) Causes an explosion or fire; or (3) Causes the injury or death of any pers…