The board or secretary shall require as a condition of all MSWLF permits, and may require as a condition of any other facility permit, a financial assurance instrument in the form and amount prescribed by this chapter or by the specific permit terms and conditions. The instrument must be sufficient to ensure performance of the obligations imposed by SDCL chapter 34A-6 and any other environmental laws of this state. The secretary may recommend a form and amount of financial assurance as a condition of permit on a solid waste facility application.
An applicant for a non-MSWLF facility is not required to provide the information required by this chapter and the secretary shall make no recommendation for financial assurance for facilities not subject to the requirements of SDCL 34A-6-1.11 pursuant to the provisions of SDCL 34A-6-1.18.
S.D. Admin. R. 74:27:16:01
General Authority: SDCL 34A-6-1.6.
Law Implemented: SDCL 34A-6-1.6, 34A-6-1.11, 34A-6-1.12, 34A-6-1.18.