S.D. Codified Laws § 34A-6-103.1

Current with legislation signed by the governor on or before 3/6/2024

Section 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

The county may not grant approval for a municipal solid waste landfill, materials recovery facility, or incinerator under § 34A-6-103 unless at least two meetings of the county board of commissioners have been held to consider the question of county approval. The first meeting shall include an explanation of the state solid waste permitting process and the requirement for county approval pursuant to § 34A-6-103. The county may, at the first meeting, issue a preliminary approval of the facility. If the county board of commissioners grants preliminary approval at the first meeting, a second meeting shall be held at least one hundred twenty days after the preliminary approval was granted. The county shall publish notice of the second meeting in the official newspapers of the county at least twice in each of the two consecutive thirty-day periods immediately preceding the second meeting. The county board of commissioners may grant official approval for purposes of § 34A-6-103 at the second meeting. At the first meeting, the applicant shall present the following information with respect to the proposed facility:

(1) Size and capacity;

(2) Location and legal description;

(3) Area to be served by the facility;

(4) Type of waste to be accepted;

(5) Types of state permits to be applied for;

(6) If applicable, the type of liner and leachate collection system;

(7) If the facility is to include an incinerator, the type and model of the incinerator;

(8) If the facility is for the disposal of ash, the method of disposal of the ash;

(9) Expected lifespan of the facility; and

(10) If the facility is a materials recovery facility, information about the type of materials recovery facility and whether the materials will be presorted or commingled.

The applicant shall reimburse the county for the cost to publish the notice required by this section.

SDCL 34A-6-103.1

SL 1996, ch 220, §§ 2, 3.