Section  1.  That § 34A-6-60 be amended to read as follows:

     34A-6-60.   The Legislature intends by § §  34A-6-59 to 34A-6-92, inclusive, to establish programs and regulations that reduce the amount of solid waste waste stream disposed of inlandfills in this state and thus protect the public health , safety, and welfare and of all South Dakotans, protect the environment , 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- energy . 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 §  34A-6-1.3. 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 §  34A-6-74. 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.

     Section  2.  That § 34A-6-67 be amended to read as follows:

     34A-6-67.   In achieving the waste reduction goals provided for under §  34A-6-60, every municipality or other political subdivision responsible for solid waste management shall implement the following landfill waste reduction targets in accordance with the following implementation dates:

             (1)      Beginning on January 1, 1995, all yard wastes shall be eliminated from landfilled wastes;

             (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 disposal.

     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 recycling facilities.

     Signed February 25, 1998.