34A-16-28. Issuance of revenue bonds–Payment–Revenues–Powers of commission. A regional recycling and waste management district may issue revenue bonds for the acquisition or betterment of facilities for the district’s solid waste management program, for closure, postclosure, and contingency costs for solid waste facilities, for responses to releases from solid waste facilities, and for refunding outstanding revenue […]
34A-16-29. Issuance of bonds to pay for closure, postclosure, and contingency costs for responses to releases from facilities or to refund outstanding bonds. Any county or municipality, by resolution, may authorize the issuance of bonds to provide funds for the closure, postclosure, and contingency costs for solid waste facilities, for responses to releases from solid […]
34A-16-3. Governing body–Composition–Terms–Vacancy. The governing body of the regional recycling and waste management district shall consist of commissioners elected or appointed as specified in the proposed articles of incorporation. The commissioners of the regional recycling and waste management district shall be composed solely of elected officials from the local governments that are included in the […]
34A-16-30. Use of proceeds under §34A-16-29 limited. The proceeds of county or municipal bonds issued under §34A-16-29 for closure, postclosure, and contingency costs and noncapital responses to releases may be used only for publicly-owned solid waste facilities in existence on, or closed prior to, March 14, 1993. Source: SL 1993, ch 259, §32.
34A-16-31. Solid waste management fund–Separate accounts–Audit requirements. Any district owning or operating solid waste management property or facilities shall continuously maintain a special account on its official books and records designated as the solid waste management fund, to which it shall credit all receipts from the contracts, rates, and charges authorized in this chapter and […]
34A-16-32. Designation and reviewing authority defined. For purposes of this chapter, the term “designation” means a requirement by a regional recycling and waste management district that all or any portion of the solid waste that is generated within its boundaries or any service area of the district be delivered to a processing or disposal facility […]
34A-16-33. Obtaining designation authority. A regional recycling and waste management district may obtain designation authority if: (1)Designation authority has been included in the district’s articles of incorporation; (2)The district has prepared a comprehensive solid waste management plan and designation plan as provided in §34A-16-35; (3)The district’s designation plan has been approved by the reviewing authority […]
34A-16-34. Application of designation. The designation may not apply to or include materials that are separated from solid waste by the generator of the waste for reuse or recycling and recovered for reuse in their original form or for use in manufacturing processes. Source: SL 1993, ch 259, §36.
34A-16-35. Adoption of management plan–Designation plan–Requirements for designation plan. Before adopting a designation ordinance, the district shall adopt a comprehensive solid waste management plan. The district shall also prepare a designation plan which may be combined with the comprehensive solid waste management plan. A district’s designation plan shall be consistent with its solid waste management […]
34A-16-36. Required evaluations for plan proposing designation to facilities. If the plan proposes designation to disposal facilities, the designation plan shall also evaluate: (1)Whether the disposal facility is part of an integrated waste management system involving a processing facility and the designation is necessary for the financial support of the processing facility; (2)Whether the designation […]
34A-16-37. Certain waste under contract between hauler and different facility exempt during contract period–Exemption for certain electric generation facilities. If the plan proposes designation to a disposal facility, any solid waste that is subject to a contract between a hauler and a different facility that is in effect on the date notice is given under […]
34A-16-38. Review and approval of designation plan. The district shall submit the designation plan to the reviewing authority for review and approval or disapproval. If the designation plan has been approved by the reviewing authority or another state agency as part of the review and approval of a comprehensive solid waste management plan for the […]
34A-16-39. Time limit to review plan–Requirements for approval. The reviewing authority shall complete its review pursuant to §34A-16-38 and make its decision within ninety days following submission of the plan for review. The reviewing authority shall approve the designation plan if the plan satisfies the requirements of §§34A-16-35 to 34A-16-37, inclusive, or, in the case […]
34A-16-4. Articles of incorporation. Upon the appointment and qualification of the initial commissioners of the board of a regional recycling and waste management district, the board shall submit to the secretary of state the district’s proposed articles of incorporation. The district shall be incorporated as provided in chapter 6-10. Source: SL 1993, ch 259, §4.
34A-16-40. Procedure for adopting or amending designation ordinance–Hearing–Notice. A district with an approved designation plan shall proceed as provided in this section when adopting or amending a designation ordinance. The district shall hold a public hearing. Notice of the hearing shall: (1)Be published in each official newspaper of the counties and municipalities included in the […]
34A-16-41. Contents of designation ordinance. The designation ordinance shall define the geographic area and the types and quantities of solid waste subject to designation; specify the point or points of delivery of the solid waste; require that the designated solid waste be delivered to the specified point or points of delivery; require the designated facility […]
34A-16-42. Designation ordinance exceptions for certain exempt materials. The designation ordinance shall provide an exception for materials that are exempt or excluded from the designation under §34A-16-34 or 34A-16-37; and for the term of the contract, shall provide an exception for materials subject to a contract affecting the delivery of the waste to the facility. […]
34A-16-43. Consistency of ordinance with plan–Effective date of designation–Challenging designation. The designation ordinance may not be materially inconsistent with the approved designation plan for the district. The effective date of the designation shall be specified in the designation ordinance and may be not less than sixty days after adoption of the designation ordinance. The designation […]
34A-16-44. Notification of intent to own or operate facility. Any person proposing to own or operate a processing facility using waste materials subject to a designation ordinance may notify the regional recycling and waste management district. Source: SL 1993, ch 259, §46.
34A-16-45. Penalty for violation of designation ordinance. Any person who violates a designation ordinance adopted pursuant to this chapter is guilty of a Class 1 misdemeanor and is also subject to a civil action by the State of South Dakota in circuit court for the recovery of a civil penalty of not more than ten […]
