Chapter 6 - SOLID WASTE MANAGEMENT

Section 34A-6-1 - [Repealed]
Section 34A-6-1.1 - Legislative findings
Section 34A-6-1.2 - Solid waste management policy established
Section 34A-6-1.3 - Definition of terms
Section 34A-6-1.4 - Unauthorized construction or operation of site or facility prohibited-Unauthorized dumping, disposal in water, burning prohibited-Exception-Penalties for violation
Section 34A-6-1.5 - [Repealed]
Section 34A-6-1.6 - Promulgation of rules-Factors for consideration-Scope-Open burning
Section 34A-6-1.7 - Groundwater monitoring system required-Exception
Section 34A-6-1.8 - Areas addressed in application-Exception
Section 34A-6-1.9 - Perpetual responsibility for solid waste and liability for pollution
Section 34A-6-1.10 - Responsibility and liability of owner or operator
Section 34A-6-1.11 - Financial assurance instrument-Condition for permit
Section 34A-6-1.12 - Maintenance of closure and post-closure accounts-Requirements
Section 34A-6-1.13 - Notice and opportunity for hearing-Issuance of permit-Contested cases-Grounds for denial
Section 34A-6-1.14 - Promulgation of rules specifying procedure for permit issuance, amendment, suspension, revocation, and reinstatement-Recommendation of secretary-Notice and hearing
Section 34A-6-1.15 - Amendment of permit-Procedure-Grounds
Section 34A-6-1.16 - Initial validity period of permits-Renewal-Assessment of fees
Section 34A-6-1.17 - Additional fee imposed upon disposal of certain solid waste
Section 34A-6-1.18 - Sections not applicable
Section 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
Section 34A-6-1.20 - Periodic inspections-On-site investigations
Section 34A-6-1.21 - Suspension or revocation of permit-Grounds-Notice and hearing
Section 34A-6-1.22 - Notice of violation-Contents
Section 34A-6-1.23 - Secretary may require appearance for public hearing-Alternative procedures
Section 34A-6-1.24 - Decision by board-Scope and content of order
Section 34A-6-1.25 - Effect of appeal upon order
Section 34A-6-1.26 - Issuance of emergency order-Purpose-Noncompliance
Section 34A-6-1.27 - Hearing upon emergency order-Time and place-Procedure
Section 34A-6-1.28 - Suit by secretary on behalf of state
Section 34A-6-1.29 - Department may seek to enjoin threatened or actual violation-Bond unnecessary-Temporary relief available
Section 34A-6-1.30 - [Repealed]
Section 34A-6-1.31 - Operation of facility without or in violation of permit-Penalties-Civil penalty
Section 34A-6-1.32 - [Repealed]
Section 34A-6-1.33 - Exhaustion of administrative remedies not required
Section 34A-6-1.34 - Enforcement of rules by board through permit procedures-Department as designated agency for purposes of federal laws
Section 34A-6-1.35 - Functions of department-Delegation of duties and authority-Power to accept and administer grants and loans
Section 34A-6-1.36 - Omitted
Section 34A-6-1.37 - Omitted
Section 34A-6-1.38 - County or municipal imposition and levy of disposal fee-Payment and collection-Distribution of shares
Section 34A-6-1.39 - Omitted
Section 34A-6-1.40 - Removal of improperly disposed solid waste-Alternative means of disposal
Section 34A-6-2 to 34A-6-16 - [Repealed]
Section 34A-6-17 - Plans for county systems-Submission to state board
Section 34A-6-18 - County grant of franchises-Approval by voters-Maximum period
Section 34A-6-19 - Municipal procedure applied to counties-General election laws apply
Section 34A-6-20 - County agreements with other political subdivisions and persons
Section 34A-6-21 - County assumption of responsibility for wastes within municipalities
Section 34A-6-22 - Sanitary districts and counties to have municipal rights and responsibilities
Section 34A-6-23 - [Repealed]
Section 34A-6-24 - Municipal grant of franchises-Maximum period
Section 34A-6-25 - Vote required for municipal grant of franchise-General or special election-Adoption of ordinance before vote-Notice of election
Section 34A-6-26 - Municipal agreements with other political subdivisions and persons-Maximum duration
Section 34A-6-27 - City-county combinations to grant franchises-Approval by voters-Approval or rejection by subdivisions
Section 34A-6-28 - Municipal procedure applied to combined city-county grants of franchises-General election laws apply-One election
Section 34A-6-29 - Subdivision fees, charges, and license requirements-Collection of delinquent charges
Section 34A-6-30 to 34A-6-36 - [Repealed]
Section 34A-6-37 - Acceptance and disbursement of funds for solid waste or recycling facility or system
Section 34A-6-38 - Municipal acquisition of property-Maximum duration of contract-Shares of parties to regional or county solid waste authority
Section 34A-6-39 - Appropriations for long-term contracts
Section 34A-6-40 - Policies and requirements for operation of system
Section 34A-6-41 - Local standards for sites and facilities
Section 34A-6-42 to 34A-6-49 - [Repealed]
Section 34A-6-50 - [Repealed]
Section 34A-6-51 - Omitted
Section 34A-6-52 - [Repealed]
Section 34A-6-53 - Legislative approval required for large-scale solid waste facilities-Requirements-Exception
Section 34A-6-54 - Definition of large-scale solid waste facility
Section 34A-6-55 - Existing facilities to cease until legislative approval is obtained
Section 34A-6-56 - Approval requirements are retroactive
Section 34A-6-57 - Rejected
Section 34A-6-58 - General permit for category of solid waste treatment, storage or disposal-Terms and conditions-Suspension, revocation or modification
Section 34A-6-59 - Legislative findings
Section 34A-6-60 - Legislative intent to reduce amount of solid waste disposed in landfills
Section 34A-6-61 - Definitions
Section 34A-6-62 - Waste reduction and recycling program established
Section 34A-6-63 - Elements of waste reduction and recycling program
Section 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
Section 34A-6-64 - Disposal of tires
Section 34A-6-65 - Omitted
Section 34A-6-66 - Waste tire stockpiling and processing facilities-Promulgation of rules
Section 34A-6-67 - Landfill waste reduction targets-Implementation dates
Section 34A-6-68 - Code required for rigid plastic bottle or rigid plastic container
Section 34A-6-69 - Inspection of facilities
Section 34A-6-70 - Solid waste evaluation
Section 34A-6-71 - Regionalization of recycling and solid waste operations
Section 34A-6-72 - Omitted
Section 34A-6-73 - Responsible units of governments-Evaluation of capacity
Section 34A-6-74 - Filing of solid waste source reduction and recycling plan-Department review and aid in development-Hearings-Updating of plans
Section 34A-6-75 - Plan required for issuance of new or renewed permit
Section 34A-6-76 - Documentation of beginning implementation of plan required for new or renewed permit
Section 34A-6-77 - Documentation of alternatives to landfills required for reissued or renewed permit
Section 34A-6-78 - Certification of landfill as necessary part of alternative solid waste management required for new permit
Section 34A-6-79 - Assistance to individuals, businesses, government with regard to solid waste management-Specifications
Section 34A-6-80 - Educational and training programs on solid waste management-Training program audiences
Section 34A-6-81 - Solid waste management disposal fee-Calculation
Section 34A-6-82 - Payment of disposal fee by landfill owner-Accrual of obligation-Date due-Records
Section 34A-6-83 - Tire solid waste management fee on motor vehicles-Collection
Section 34A-6-84 - Payment of tire management fee by owner of motor vehicle-Date due-Exemption for United States and Indian tribe property
Section 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
Section 34A-6-85.1 - Financial assistance for statewide cleanup of waste tires
Section 34A-6-86 - Omitted
Section 34A-6-87 - Illegal dumping penalties
Section 34A-6-87.1 - Disposal of tire waste-Collection or processing sites-Penalties for violations
Section 34A-6-88 - Transferred
Section 34A-6-89 - Scale device required-Records-Report-Contents-Permit for longer capacity disposal
Section 34A-6-90 - Transferred
Section 34A-6-91 - Wholesaler or retailer exchange of lead acid batteries
Section 34A-6-92 - Beverage containers, garbage bags, and plastic packaging materials-Preemption-Specially designated garbage bags
Section 34A-6-93 - Infectious waste defined
Section 34A-6-93.1 - Medical waste defined
Section 34A-6-94 - Unlawful possession of infectious waste in the second degree-Violation as misdemeanor
Section 34A-6-95 - First degree unlawful possession of infectious waste-Felony
Section 34A-6-96 - Unlawful release of infectious waste in fourth degree
Section 34A-6-97 - Unlawful release of infectious waste in third degree
Section 34A-6-98 - Unlawful release of infectious waste in second degree
Section 34A-6-99 - Unlawful release of infectious waste in first degree
Section 34A-6-100 - Unlawful dealing in infectious waste
Section 34A-6-101 - Court-imposed monetary penalties
Section 34A-6-102 - Disposition of fines
Section 34A-6-102.1 - Unlawful release of medical waste to recycling disposal destination-Misdemeanor
Section 34A-6-102.2 - Actual knowledge of hauler or transporter required
Section 34A-6-103 - County approval required for solid waste or medical waste transportation, storage, treatment or disposal
Section 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
Section 34A-6-104 - Promulgation of certain rules in state solid waste programs
Section 34A-6-105 - Big Stone power plant approved
Section 34A-6-106 - Sioux Falls/Regional Sanitary Landfill approved
Section 34A-6-107 - Purchase of certain beer kegs by recycler, scrap metal dealer, or scrap yard operator prohibited-Violation as misdemeanor
Section 34A-6-108 - Definition of terms
Section 34A-6-109 - Scrap metal business-Recordkeeping requirements
Section 34A-6-109.1 - Purchases to be made by check or electronic funds transfer
Section 34A-6-109.2 - Purchase of catalytic converters-Limitations
Section 34A-6-110 - Scrap metal business records open to inspection by law enforcement officers
Section 34A-6-111 - Copies of scrap metal business records-Report of lost or stolen nonferrous metal property
Section 34A-6-112 - Hold on nonferrous metal item suspected to be lost or stolen
Section 34A-6-113 - Disposal of certain oil and gas field liquid wastes prohibited
Section 34A-6-114 - Disposal of certain radionuclides at solid waste facility prohibited