§ 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-6-1.6 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-6-1.31 Operation of facility without or in violation of permit–Penalties–Civil penalty
§ 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-6-1.38 County or municipal imposition and levy of disposal fee–Payment and collection–Distribution of shares
§ 34A-6-1.40 Removal of improperly disposed solid waste–Alternative means of disposal
§ 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-6-24 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-6-37 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-6-53 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-6-58 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-6-66 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-6-73 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-6-87 Illegal dumping penalties
§ 34A-6-87.1 Disposal of tire waste–Collection or processing sites–Penalties for violations
§ 34A-6-89 Scale device required–Records–Report–Contents–Permit for longer capacity disposal
§ 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

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In South Dakota Codified Laws > Title 34A > Chapter 6 - Solid Waste Management

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Devise: To gift property by will.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2