Solid waste reduction goals and landfill bans amended.
be amended to read as follows:
The Legislature intends by
34A-6-59 to 34A-6-92, inclusive, to establish
programs and regulations that reduce the
amount of solid waste
inlandfills in this state and thus protect the public health
of all South
, and return resources back to industry for reuse. The goal of the
state is to reduce the amount of materials in the waste stream being landfilled. The amount of
materials being landfilled shall be reduced using appropriate methods and technology through the
practice of solid waste reduction, waste diversion, reuse, recycling, composting, and waste-to-
. The goal of the state is to reduce the
amount of materials in the waste stream, existing as
of July 1, 1992, twenty-five percent by July 1, 1996, and fifty percent by July 1, 2001, through the
practice of solid waste source reduction, recycling, reuse and composting
waste stream disposed
in landfills by fifty percent by July 1, 2001
. For the purposes of this section, the term, waste
stream, means the disposal of solid waste as defined in
In determining the reduction
level of the waste stream, it shall be assumed that each person currently generates three and
one-half pounds of waste per day and that this amount shall be reduced by the percentages
indicated in order to preserve the health and safety of all South Dakotans.
The base year for establishing the amount of materials in the waste stream is the calendar year
1990. Total tonnage of solid waste landfilled in the calendar year 1990 is the basis for all waste
reduction calculations. In the absence of scale data and cubic yardage data of waste materials
landfilled, the base tonnage is calculated as eight-tenths of a ton per year per person, in residence,
serviced by the landfill. Tonnage may be estimated by equating one cubic yard of solid waste
received at the landfill gate to seven hundred pounds of solid waste. In determining the reduction
level of the waste stream, it is assumed that each person in 1990 generated eight-tenths of a ton per
year of municipal solid waste.
Any landfill that conducted waste reduction or recycling programs before the 1990 base
calendar year and increased its ability to reduce waste stream volume may receive credit for prior
recycled tonnage in the solid waste source reduction and recycling plan required by
Similarly, any landfill that has experienced or will experience a growth in its population served
may submit justification for increased tonnage, even after waste reduction or recycling programs
have been implemented.
be amended to read as follows:
In achieving the waste reduction goals provided for under
municipality or other political subdivision responsible for solid waste management shall
implement the following landfill waste reduction targets in accordance with the following
Beginning on January 1, 1995, all yard wastes shall be eliminated from landfilled
(2) Beginning July 1, 1995, all lead acid batteries and waste motor oil shall be eliminated from landfilled wastes;
(3) Beginning on January 1, 1996, all white good appliances shall be eliminated from landfilled wastes;
(4) Beginning on July 1, 1996, all office and computer paper shall be eliminated from landfill wastes;
(5) Beginning on January 1, 1997, all printed paper products and corrugated cardboard shall be eliminated from landfill wastes; and
(6) Beginning on July 1, 1997, all containers made from glass, plastic, aluminum or steel shall be eliminated from landfill wastes.
Every municipality or other political subdivision responsible for solid waste management shall comply with each of these landfill waste reduction targets. However, if the governing body, after open meeting and allowing public input, makes a resolution finding that recycling of the solid waste in a manner consistent with the reduction targets provided by this section is unavailable, the governing body may by ordinance exempt the political subdivision from any of the waste reduction targets provided by this section. The term, unavailable, means that recycling is determined by the governing body to cost more than the true and total cost of unsubsidized landfilling, including long-term costs of all options analyzed in the waste evaluation.
The governing body shall review any determination made under this section at least once every
two years if it determines that recycling is unavailable. The determination required by this section
regarding recycling shall be made separately for each subdivision of this section.
Any resolution exempting a political subdivision from a landfill waste reduction target shall
be subject to a referendum of the voters of the municipality or political subdivision. Referendum
procedures shall conform to the provisions of chapter 9-20.
In order to achieve the waste reduction goals provided for under
34A-6-60, no landfill in the
state may accept yard waste, lead acid batteries, waste motor oil, or white good appliances for
Office and computer paper, old newspaper, magazines, telephone books, corrugated cardboard,
other marketable paper products, containers made from plastic, aluminum and steel, and other
municipal solid waste materials that are diverted from landfilling using appropriate methods and
technology count toward the waste reduction goal. Appropriate methods and technology includes
Signed February 25, 1998.