Section 34A-17-3 – Nature of rights–Subordination of interests.
34A-17-3. Nature of rights–Subordination of interests. (a) Any person, including a person that owns an interest in the real property, the agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property. […]
Section 34A-17-4 – Content of environmental covenant.
34A-17-4. Content of environmental covenant. (a) An environmental covenant must: (1)State that the instrument is an environmental covenant executed pursuant to this chapter; (2)Contain a legally sufficient description of the real property subject to the covenant; (3)Describe the activity and use limitations on the real property; (4)Identify every holder; (5)Be signed by the agency, every […]
Section 34A-17-5 – Validity–Effect on other instruments.
34A-17-5. Validity–Effect on other instruments. (a) An environmental covenant that complies with this chapter runs with the land. (b) An environmental covenant that is otherwise effective is valid and enforceable even if: (1)It is not appurtenant to an interest in real property; (2)It can be or has been assigned to a person other than the […]
Section 34A-16-45 – Penalty for violation of designation ordinance.
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 […]
Section 34A-16-46 – Processing and disposal of waste generated outside of district prohibited.
34A-16-46. Processing and disposal of waste generated outside of district prohibited. No solid waste disposal facility owned or operated by any municipality, county, or regional recycling and solid waste management district located within a regional recycling and waste management district may accept for processing or disposal any solid waste generated outside the boundaries of the […]
Section 34A-16-47 – Powers granted by chapter independent from other statutes.
34A-16-47. Powers granted by chapter independent from other statutes. The powers granted by this chapter, including the powers granted to a regional recycling and waste management district, a county or a municipality, are independent from and shall be supplementary to, powers granted by any other statute, and restrictions, conditions, procedural provisions, or other requirements contained […]
Section 34A-16-48 – Entrance upon public and private lands to determine suitability of potential landfill site.
34A-16-48. Entrance upon public and private lands to determine suitability of potential landfill site. A district, in the course of investigating and analyzing the suitability of land sought to be acquired for district landfill purposes, may, after reasonable notice and during normal business hours, enter upon any public or private land for the purpose of […]
Section 34A-16-49 – Legislative findings.
34A-16-49. Legislative findings. The Legislature hereby finds that: (1)The high and increasing cost of owning, operating, and closure of solid waste facilities, and the financing thereof, and the increasing federal and other regulatory requirements pertaining to such solid waste facilities, has created an urgent demand for action by counties, municipalities, and others in this state; […]
Section 34A-16-34 – Application of designation.
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.
Section 34A-16-35 – Adoption of management plan–Designation plan–Requirements for designation plan.
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 […]