34A-6-1.1. Legislative findings. The Legislature finds that other states have imposed stringent standards for the proper collection and disposal of solid waste and that without such standards and enforcement of them, South Dakota could be burdened with the importation and disposal in the state of large amounts of solid waste from other states by persons […]
34A-6-1.10. Responsibility and liability of owner or operator. The owner or operator of a solid waste disposal facility that is regulated under §§34A-6-1.1 to 34A-6-1.38, inclusive, is responsible in perpetuity for the solid waste and liable in perpetuity for any pollution or other detrimental effect caused by the solid waste. No person may dispose of […]
34A-6-1.11. Financial assurance instrument–Condition for permit. The board may require as a condition of any permit a financial assurance instrument in a form and an amount prescribed by rules promulgated pursuant to §34A-6-1.6 or by the specific permit terms and conditions, sufficient to assure performance of the obligations imposed by this chapter and the other […]
34A-6-1.12. Maintenance of closure and post-closure accounts–Requirements. In addition to financial assurance instruments for environmental protection, the board may require the owner to maintain closure and post-closure accounts. The board shall adopt by rule the amounts to be contributed to the accounts. The accounts established shall be specific to the facility. (1)Money in the accounts […]
34A-6-1.13. Notice and opportunity for hearing–Issuance of permit–Contested cases–Grounds for denial. The board or the secretary, after public notice and opportunity for public hearing, may issue a permit with reasonable terms and conditions for installation, establishment, modification, operation, or abandonment of a solid waste facility. After publication of the secretary’s recommendation on a permit application […]
34A-6-1.14. Promulgation of rules specifying procedure for permit issuance, amendment, suspension, revocation, and reinstatement–Recommendation of secretary–Notice and hearing. The board shall promulgate rules pursuant to chapter 1-26 to specify the procedure for permit issuance, amendment, suspension, revocation, and reinstatement. The rules shall address application form and contents; application completeness review; departmental investigation and evaluation of […]
34A-6-1.15. Amendment of permit–Procedure–Grounds. The procedure to amend a permit may be initiated by an application filed by the owner of the facility or by a petition filed by the department or a member of the board specifying the requested modification and the reasons for it. A request for amendment shall be granted if it […]
34A-6-1.16. Initial validity period of permits–Renewal–Assessment of fees. Permits granted by the board under this chapter shall be initially valid for up to two years from the date of issuance and may be renewed for periods of up to five years. The department shall assess for the processing of all permits, amendments and renewals an […]
34A-6-1.17. Additional fee imposed upon disposal of certain solid waste. Because of the additional environmental risks attending large-scale solid waste disposal facilities, a solid waste disposal fee of three dollars per ton or part thereof is hereby levied and imposed upon the disposal of solid waste, other than mine wastes, at any solid waste disposal […]
34A-6-1.18. Sections not applicable. Sections 34A-6-1.7, 34A-6-1.9, and 34A-6-1.17 do not apply to existing facilities or to any new facility which handles less than twenty-five thousand tons per annum, unless required by federal law or regulation or unless the department can affirmatively demonstrate in a specific case that groundwater contamination is actually occurring. Source: SL […]
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. Because of the inability of the department to inspect out-of-state solid waste at the point of origin, the board may require: (1) that any person disposing of solid waste originating from outside this state file […]
34A-6-1.2. Solid waste management policy established. The protection of the health, safety, and welfare of the citizens of this state and the protection of the environment require the safe and sanitary disposal of solid waste. An effective and efficient solid waste disposal program protects the environment and the public, and provides the most practical and […]
34A-6-1.20. Periodic inspections–On-site investigations. The secretary shall make periodic inspections at every permitted solid waste facility to effectively implement and enforce the requirements of §§34A-6-1.1 to 34A-6-1.38, inclusive, and may, in coordination with the secretary of the Department of Transportation, conduct at weigh stations or any other adequate site or facility inspections of solid waste […]
34A-6-1.21. Suspension or revocation of permit–Grounds–Notice and hearing. A permit may be suspended or revoked if its terms or conditions or the provisions of §§34A-6-1.1 to 34A-6-1.38, inclusive, are violated. The secretary may initiate the process to suspend or revoke by serving a notice and order of suspension or revocation on the permit holder. The […]
34A-6-1.22. Notice of violation–Contents. If the secretary has reason to believe that a violation of §§34A-6-1.1 to 34A-6-1.38, inclusive, has occurred, the secretary shall cause written notice to be served personally or by mail upon the alleged violator or the alleged violator’s agent. The notice shall state the provision alleged to be violated, the facts […]
34A-6-1.23. Secretary may require appearance for public hearing–Alternative procedures. In a notice given under §34A-6-1.22, the secretary may also require the alleged violator to appear for a public hearing to be conducted before the board, and to answer the charges made against the alleged violator. If the secretary does not require an alleged violator to […]
34A-6-1.24. Decision by board–Scope and content of order. After a hearing, or on the failure of an alleged violator to make a timely request for a hearing, the board may issue an appropriate decision in compliance with §1-26-25 and an order to prevent, abate, restrain, or control acts in violation of §§34A-6-1.1 to 34A-6-1.38, inclusive, […]
34A-6-1.25. Effect of appeal upon order. Notwithstanding the provisions of §1-26-32, an appeal may not stay the effectiveness of any order of the board, unless the court finds that there is probable cause to believe that refusal to grant a stay will cause more serious harm to the affected party than granting it will cause […]
34A-6-1.26. Issuance of emergency order–Purpose–Noncompliance. The secretary may issue an emergency order compelling any person who is committing an act or failing to take action, or threatening either, which violates §§34A-6-1.1 to 34A-6-1.38, inclusive, and which will cause substantial pollution, the harmful effects of which cannot be remedied immediately after the commission or cessation of […]
34A-6-1.27. Hearing upon emergency order–Time and place–Procedure. Upon issuing an order pursuant to §34A-6-1.26, the secretary shall fix a place and time for a hearing before the board, not later than five days after the order is issued, unless the person to whom the order is directed requests a later time. The secretary may deny […]
