South Dakota

34A-6-1. 34A-6-1. Repealed by SL 1989, ch 306, § 1.

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 for violation.

34A-6-1.5. Repealed by SL 2012, ch 215, § 31.

34A-6-1.6. Promulgation of rules--Factors for consideration--Scope--Open burning.

34A-6-1.7. Groundwater monitoring system required--Exception.

34A-6-1.8. Areas addressed in application--Exception.

34A-6-1.9. Perpetual responsibility for solid waste and liability for pollution.

34A-6-1.10. Responsibility and liability of owner or operator.

34A-6-1.11. Financial assurance instrument--Condition for permit.

34A-6-1.12. Maintenance of closure and post-closure accounts--Requirements.

34A-6-1.13. Notice and opportunity for hearing--Issuance of permit--Contested cases--Grounds for denial.

34A-6-1.14. Promulgation of rules specifying procedure for permit issuance, amendment, suspension, revocation, and reinstatement--Recommendation of secretary--Notice and hearing.

34A-6-1.15. Amendment of permit--Procedure--Grounds.

34A-6-1.16. Initial validity period of permits--Renewal--Assessment of fees.

34A-6-1.17. Additional fee imposed upon disposal of certain solid waste.

34A-6-1.18. Sections not applicable.

34A-6-1.19. Requirements relating to board's inability to inspect out-of-state solid waste at point of origin--Maintenance and filing of certain records.

34A-6-1.20. Periodic inspections--On-site investigations.

34A-6-1.21. Suspension or revocation of permit--Grounds--Notice and hearing.

34A-6-1.22. Notice of violation--Contents.

34A-6-1.23. Secretary may require appearance for public hearing--Alternative procedures.

34A-6-1.24. Decision by board--Scope and content of order.

34A-6-1.25. Effect of appeal upon order.

34A-6-1.26. Issuance of emergency order--Purpose--Noncompliance.

34A-6-1.27. Hearing upon emergency order--Time and place--Procedure.

34A-6-1.28. Suit by secretary on behalf of state.

34A-6-1.29. Department may seek to enjoin threatened or actual violation--Bond unnecessary--Temporary relief available.

34A-6-1.30. 34A-6-1.30. Repealed by SL 1992, ch 158, § 40.

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

34A-6-1.32. 34A-6-1.32. Repealed by SL 1992, ch 158, § 42.

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 and administer grants and loans.

34A-6-1.36. 34A-6-1.36. Omitted.

34A-6-1.37. 34A-6-1.37. Omitted.

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

34A-6-1.39. 34A-6-1.39. Omitted.

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 period.

34A-6-19. Municipal procedure applied to counties--General election laws apply.

34A-6-20. County agreements with other political subdivisions and persons.

34A-6-21. County assumption of responsibility for wastes within municipalities.

34A-6-22. Sanitary districts and counties to have municipal rights and responsibilities.

34A-6-23. 34A-6-23. Repealed by SL 2015, ch 192, § 1.

34A-6-24. Municipal grant of franchises--Maximum period.

34A-6-25. Vote required for municipal grant of franchise--General or special election--Adoption of ordinance before vote--Notice of election.

34A-6-26. Municipal agreements with other political subdivisions and persons--Maximum duration.

34A-6-27. City-county combinations to grant franchises--Approval by voters--Approval or rejection by subdivisions.

34A-6-28. Municipal procedure applied to combined city-county grants of franchises--General election laws apply--One election.

34A-6-29. Subdivision fees, charges, and license requirements--Collection of delinquent charges.

34A-6-30. 34A-6-30 to 34A-6-36. Repealed by SL 1986, ch 291, §§ 26 to 32.

34A-6-37. Acceptance and disbursement of funds for solid waste or recycling facility or system.

34A-6-38. Municipal acquisition of property--Maximum duration of contract--Shares of parties to regional or county solid waste authority.

34A-6-39. Appropriations for long-term contracts.

34A-6-40. Policies and requirements for operation of system.

34A-6-41. Local standards for sites and facilities.

34A-6-42. 34A-6-42 to 34A-6-49. Repealed by SL 1989, ch 306, § 1.

34A-6-50. 34A-6-50. Repealed by SL 2011, ch 165, § 121.

34A-6-51. 34A-6-51. Omitted.

34A-6-52. 34A-6-52. Repealed by SL 1993, ch 2, § 31.

34A-6-53. Legislative approval required for large-scale solid waste facilities--Requirements--Exception.

34A-6-54. Definition of large-scale solid waste facility.

34A-6-55. Existing facilities to cease until legislative approval is obtained.

34A-6-56. Approval requirements are retroactive.

34A-6-57. 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.

34A-6-62. Waste reduction and recycling program established.

34A-6-63. Elements of waste reduction and recycling program.

34A-6-63.1. Policies and requirements for purchase, sale, or transfer of solid waste or by-products, recyclable materials, or scrap by local government facility or program.

34A-6-64. Disposal of tires.

34A-6-65. 34A-6-65. Omitted.

34A-6-66. Waste tire stockpiling and processing facilities—Promulgation of rules.

34A-6-67. Landfill waste reduction targets--Implementation dates.

34A-6-68. Code required for rigid plastic bottle or rigid plastic container.

34A-6-69. Inspection of facilities.

34A-6-70. Solid waste evaluation.

34A-6-71. Regionalization of recycling and solid waste operations.

34A-6-72. 34A-6-72. Omitted.

34A-6-73. Responsible units of governments--Evaluation of capacity.

34A-6-74. Filing of solid waste source reduction and recycling plan--Department review and aid in development--Hearings--Updating of plans.

34A-6-75. Plan required for issuance of new or renewed permit.

34A-6-76. Documentation of beginning implementation of plan required for new or renewed permit.

34A-6-77. Documentation of alternatives to landfills required for reissued or renewed permit.

34A-6-78. Certification of landfill as necessary part of alternative solid waste management required for new permit.

34A-6-79. Assistance to individuals, businesses, government with regard to solid waste management--Specifications.

34A-6-80. Educational and training programs on solid waste management--Training program audiences.

34A-6-81. Solid waste management disposal fee--Calculation.

34A-6-82. Payment of disposal fee by landfill owner--Accrual of obligation--Date due--Records.

34A-6-83. Tire solid waste management fee on motor vehicles--Collection.

34A-6-84. Payment of tire management fee by owner of motor vehicle--Date due--Exemption for United States and Indian tribe property.

34A-6-85. Deposit of fees in environment and natural resources fee fund and water and environment fund--Expenditures, grants, and loans from water and environment fund--Preferences.

34A-6-85.1. Financial assistance for statewide cleanup of waste tires.

34A-6-86. 34A-6-86. Omitted.

34A-6-87. Illegal dumping penalties.

34A-6-87.1. Disposal of tire waste--Collection or processing sites--Penalties for violations.

34A-6-88. 34A-6-88. Transferred to § 46A-1-83.1.

34A-6-89. Scale device required--Records--Report--Contents--Permit for longer capacity disposal.

34A-6-90. 34A-6-90. Transferred to § 46A-1-83.2.

34A-6-91. Wholesaler or retailer exchange of lead acid batteries.

34A-6-92. Beverage containers, garbage bags, and plastic packaging materials--Preemption--Specially designated garbage bags.

34A-6-93. Infectious waste defined.

34A-6-93.1. Medical waste defined.

34A-6-94. Unlawful possession of infectious waste in the second degree--Violation as misdemeanor.

34A-6-95. First degree unlawful possession of infectious waste--Felony.

34A-6-96. Unlawful release of infectious waste in fourth degree.

34A-6-97. Unlawful release of infectious waste in third degree.

34A-6-98. Unlawful release of infectious waste in second degree.

34A-6-99. Unlawful release of infectious waste in first degree.

34A-6-100. Unlawful dealing in infectious waste.

34A-6-101. Court-imposed monetary penalties.

34A-6-102. Disposition of fines.

34A-6-102.1. Unlawful release of medical waste to recycling disposal destination--Misdemeanor.

34A-6-102.2. Actual knowledge of hauler or transporter required.

34A-6-103. County approval required for solid waste or medical waste transportation, storage, treatment or disposal.

34A-6-103.1. Board of commissioners' meetings required before approval of solid waste facility--Applicant to provide information--Preliminary approval--Notice--Costs of notice.

34A-6-104. Promulgation of certain rules in state solid waste programs.

34A-6-105. Big Stone power plant approved.

34A-6-106. Sioux Falls/Regional Sanitary Landfill approved.

34A-6-107. Purchase of certain beer kegs by recycler, scrap metal dealer, or scrap yard operator prohibited--Violation as misdemeanor.

34A-6-108. Definition of terms.

34A-6-109. Scrap metal business--Recordkeeping requirements.

34A-6-109.1. Purchases to be made by check or electronic funds transfer.

34A-6-109.2. Purchase of catalytic converters--Limitations.

34A-6-110. Scrap metal business records open to inspection by law enforcement officers.

34A-6-111. Copies of scrap metal business records--Report of lost or stolen nonferrous metal property.

34A-6-112. Hold on nonferrous metal item suspected to be lost or stolen.

34A-6-113. Disposal of certain oil and gas field liquid wastes prohibited.

34A-6-114. Disposal of certain radionuclides at solid waste facility prohibited.