CHAPTER 34A-6
SOLID WASTE MANAGEMENT
34A-6-1
Repealed.
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Repealed.
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
Repealed.
34A-6-1.31
Operation of facility without or in violation of permit--Penalties--Civil
penalty.
34A-6-1.32
Repealed.
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
Omitted.
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
Omitted.
34A-6-1.40
Removal of improperly disposed solid waste--Alternative means of
disposal.
34A-6-2 to 34A-6-16.
Repealed.
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
Plans for municipal systems--Submission to board.
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 to 34A-6-36.
Repealed.
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 to 34A-6-49.
Repealed.
34A-6-50
Repealed.
34A-6-51
Omitted.
34A-6-52
Repealed.
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
Rejected.
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-6-65
Omitted.
34A-6-66
Promulgation of rules for waste tire stockpiling and processing facilities.
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-6-72
Omitted.
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-6-86
Omitted.
34A-6-87
Illegal dumping penalties.
34A-6-87.1
Disposal of tire waste--Collection or processing sites--Penalties for
violations.
34A-6-88
Transferred.
34A-6-89
Scale device required--Records--Report--Contents--Permit for longer
capacity disposal.
34A-6-90
Transferred.
34A-6-91
Wholesaler or retailer exchange of lead acid batteries.
34A-6-92
Preemption of political subdivision laws on beverage containers, garbage
bags and plastic packaging materials--Specially designated garbage bags.
34A-6-93
"Infectious 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-6-103
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 to keep records of purchase of nonferrous metal
property.
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.