South Dakota § 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 plan. The designation plan shall evaluate:

(1)    The benefits of the designation, including the public purposes achieved by the conservation and recovery of resources, the furtherance of the district's comprehensive solid waste management plan, the assurance of proper solid waste disposal, and the reduction of potential liability of the district's members under state and federal law;

(2)    The estimated costs of the designation, including the direct capital, operating, and maintenance costs of the facility designated, the indirect costs and the long-term effects of the designation;

(3)    Whether the designation will result in the recovery of resources or energy from the materials that would otherwise be wasted;

(4)    Whether the designation will lessen the demand for and use of indiscriminate land disposal of solid waste;

(5)    Whether the designation is necessary for the financial support of the facility;

(6)    Whether less restrictive methods for ensuring an adequate solid waste supply are available; and

(7)    Other feasible and prudent waste management alternatives for accomplishing the purposes of the proposed designation, the direct and indirect costs of the alternatives, including capital and operating costs, and the effects of the alternatives on the cost to generators.

Source: SL 1993, ch 259, § 37.