SOLID WASTE MANAGEMENT
Solid waste management policy established.
Definition of terms.
Unauthorized construction or operation of site or facility prohibited--Unauthorized dumping, disposal in water, burning prohibited--Exception--Penalties for violation.
Promulgation of rules--Factors for consideration--Scope--Open burning.
Groundwater monitoring system required--Exception.
Areas addressed in application--Exception.
Perpetual responsibility for solid waste and liability for pollution.
Responsibility and liability of owner or operator.
Financial assurance instrument--Condition for permit.
Maintenance of closure and post-closure accounts--Requirements.
Notice and opportunity for hearing--Issuance of permit--Contested cases--Grounds for denial.
Promulgation of rules specifying procedure for permit issuance,
amendment, suspension, revocation, and reinstatement--Recommendation
of secretary--Notice and hearing.
Amendment of permit--Procedure--Grounds.
Initial validity period of permits--Renewal--Assessment of fees.
Additional fee imposed upon disposal of certain solid waste.
Sections not applicable.
Requirements relating to board's inability to inspect out-of-state solid waste
at point of origin--Maintenance and filing of certain records.
Periodic inspections--On-site investigations.
Suspension or revocation of permit--Grounds--Notice and hearing.
Notice of violation--Contents.
Secretary may require appearance for public hearing--Alternative
Decision by board--Scope and content of order.
Effect of appeal upon order.
Issuance of emergency order--Purpose--Noncompliance.
Hearing upon emergency order--Time and place--Procedure.
Suit by secretary on behalf of state.
Department may seek to enjoin threatened or actual violation--Bond
unnecessary--Temporary relief available.
Operation of facility without or in violation of permit--Penalties--Civil
Exhaustion of administrative remedies not required.
Enforcement of rules by board through permit procedures--Department as
designated agency for purposes of federal laws.
Functions of department--Delegation of duties and authority--Power to
accept and administer grants and loans.
County or municipal imposition and levy of disposal fee--Payment and
collection--Distribution of shares.
Removal of improperly disposed solid waste--Alternative means of
Plans for county systems--Submission to state board.
County grant of franchises--Approval by voters--Maximum period.
Municipal procedure applied to counties--General election laws apply.
County agreements with other political subdivisions and persons.
County assumption of responsibility for wastes within municipalities.
Sanitary districts and counties to have municipal rights and responsibilities.
Plans for municipal systems--Submission to board.
Municipal grant of franchises--Maximum period.
Vote required for municipal grant of franchise--General or special election--Adoption of ordinance before vote--Notice of election.
Municipal agreements with other political subdivisions and persons--Maximum duration.
City-county combinations to grant franchises--Approval by voters--Approval or rejection by subdivisions.
Municipal procedure applied to combined city-county grants of franchises--General election laws apply--One election.
Subdivision fees, charges, and license requirements--Collection of
Acceptance and disbursement of funds for solid waste or recycling facility
Municipal acquisition of property--Maximum duration of contract--Shares
of parties to regional or county solid waste authority.
Appropriations for long-term contracts.
Policies and requirements for operation of system.
Local standards for sites and facilities.
Legislative approval required for large-scale solid waste facilities--Requirements--Exception.
Definition of large-scale solid waste facility.
Existing facilities to cease until legislative approval is obtained.
Approval requirements are retroactive.
General permit for category of solid waste treatment, storage or disposal--Terms and conditions--Suspension, revocation or modification.
Legislative intent to reduce amount of solid waste disposed in landfills.
Waste reduction and recycling program established.
Elements of waste reduction and recycling program.
Policies and requirements for purchase, sale, or transfer of solid waste or
by-products, recyclable materials, or scrap by local government facility or
Disposal of tires.
Promulgation of rules for waste tire stockpiling and processing facilities.
Landfill waste reduction targets--Implementation dates.
Code required for rigid plastic bottle or rigid plastic container.
Inspection of facilities.
Solid waste evaluation.
Regionalization of recycling and solid waste operations.
Responsible units of governments--Evaluation of capacity.
Filing of solid waste source reduction and recycling plan--Department
review and aid in development--Hearings--Updating of plans.
Plan required for issuance of new or renewed permit.
Documentation of beginning implementation of plan required for new or
Documentation of alternatives to landfills required for reissued or renewed
Certification of landfill as necessary part of alternative solid waste
management required for new permit.
Assistance to individuals, businesses, government with regard to solid
Educational and training programs on solid waste management--Training
Solid waste management disposal fee--Calculation.
Payment of disposal fee by landfill owner--Accrual of obligation--Date due--Records.
Tire solid waste management fee on motor vehicles--Collection.
Payment of tire management fee by owner of motor vehicle--Date due--Exemption for United States and Indian tribe property.
Deposit of fees in environment and natural resources fee fund and water
and environment fund--Expenditures, grants, and loans from water and
Financial assistance for statewide cleanup of waste tires.
Illegal dumping penalties.
Disposal of tire waste--Collection or processing sites--Penalties for
Scale device required--Records--Report--Contents--Permit for longer
Wholesaler or retailer exchange of lead acid batteries.
Preemption of political subdivision laws on beverage containers, garbage
bags and plastic packaging materials--Specially designated garbage bags.
Infectious waste defined.
Medical waste defined.
Unlawful possession of infectious waste in the second degree--Violation as
First degree unlawful possession of infectious waste--Felony.
Unlawful release of infectious waste in fourth degree.
Unlawful release of infectious waste in third degree.
Unlawful release of infectious waste in second degree.
Unlawful release of infectious waste in first degree.
Unlawful dealing in infectious waste.
Court-imposed monetary penalties.
Disposition of fines.
Unlawful release of medical waste to recycling disposal destination.
Actual knowledge of hauler or transporter required.
County approval required for solid waste or medical waste transportation,
storage, treatment or disposal.
Board of commissioners' meetings required before approval of solid waste
facility--Applicant to provide information--Preliminary approval--Notice--Costs of notice.
Promulgation of certain rules in state solid waste programs.
Big Stone power plant approved.
Sioux Falls/Regional Sanitary Landfill approved.
Purchase of certain beer kegs by recycler, scrap metal dealer, or scrap yard
operator prohibited--Violation as misdemeanor.
Definition of terms.
Scrap metal business to keep records of purchase of nonferrous metal
Scrap metal business records open to inspection by law enforcement
Copies of scrap metal business records--Report of lost or stolen nonferrous
Hold on nonferrous metal item suspected to be lost or stolen.
Disposal of certain oil and gas field liquid wastes prohibited.
Disposal of certain radionuclides at solid waste facility prohibited.