CHAPTER 34A-6
SOLID WASTE MANAGEMENT
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 Repealed by SL 1989, ch 306, § 1.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34A-6-1.5 Repealed by SL 2012, ch 215, § 31.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 Repealed by SL 1992, ch 158, § 40.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 Repealed by SL 1992, ch 158, § 42.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-6-52 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-6-66 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-6-88 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.