South Dakota § 34A-11-2 - Definitions.

§ 34A-11-2. Definitions.

Terms as used in this chapter mean:

(1)    "Board," the Board of Minerals and Environment;

(2)    "Department," the Department of Agriculture and Natural Resources;

(3)    "Disposal," the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land, air, or water so that such hazardous waste or any constituent thereof may enter the environment, or be emitted into air, or discharged into any waters, including groundwaters;

(4)    "Hazardous waste," a solid waste and combination of solid wastes, as defined in subdivision 34A-6-1.3(17), which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed but does not include radioactive materials regulated pursuant to chapter 34-21;

(5)    "Hazardous waste management," the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous waste;

(6)    "Hazardous waste management facility," any facility for the collection, source separation, storage, transportation, transfer, processing, treatment, recovery, or disposal of hazardous wastes, whether such facility is associated with facilities generating such wastes or otherwise;

(7)    "Manifest," the form used for identifying the quantity, composition, and the origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage;

(8)    "Person," any individual, partnership, limited liability company, firm, association, municipality, public or private corporation, subdivision, or agency of the state or the United States government, trust, estate, interstate body, or any other legal entity;

(9)    "Secretary," secretary of the Department of Agriculture and Natural Resources;

(10)    "Storage," the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste;

(11)    "Treatment," any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to render such waste less hazardous or nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it less hazardous or nonhazardous.

Source: SL 1983, ch 262, § 2; SL 1984, ch 243, § 9; SL 1987, ch 29, § 21; SL 1989, ch. 306, §§ 1, 4; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1994, ch 351, § 71; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.