South Dakota § 34A-16-40 - Procedure for adopting or amending designation ordinance--Hearing--Notice.

§ 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 district once a week for two successive weeks, the first publication being at least ten days before the date of the hearing;

(2)    Be mailed to counties, municipalities, processing and disposal facility operators, and licensed solid waste collectors who may be expected to use the facility;

(3)    Describe the area in which the designation will apply and the plans for the use of the solid waste;

(4)    Specify the point of delivery of the solid waste;

(5)    Estimate the types and quantities of solid waste subject to the designation; and

(6)    Estimate the fee to be charged for the use of the facilities and for any products of the facilities.

A designation ordinance is not invalid by reason of the failure of the district to provide written notice to an entity listed in this section. Following the public hearing, the designation ordinance may be adopted with or without amendment. However, no property may be included in the area in which the designation applies which has not been described in the notice required in this section.

Source: SL 1993, ch 259, § 42.