South Dakota § 34A-6-1.3 - Definition of terms.

§ 34A-6-1.3. Definition of terms.

The terms used in §§ 34A-6-1.1 to 34A-6-1.38, inclusive, mean:

(1)    "Actual cost," the planning, development, operational, remedial and emergency action, closure, postclosure, and monitoring costs of a solid waste facility for the lifetime of the project;

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

(3)    "Closure," actions taken by the owner or operator of a solid waste facility or site to cease disposal operations and to ensure that all such facilities are closed in conformance with applicable regulations at the time of such closures and to prepare the site for the postclosure period;

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

(5)    "Facility," a solid waste facility as defined in subdivision (18) of this section;

(6)    "Financial assurance instrument," cash or other instrument as allowed by rule or permit, submitted by an applicant to ensure the owner's financial capability to provide reasonable and necessary compliance with the laws, regulations and permit terms and conditions applicable to the facility during the lifetime of the project and for the thirty years following closure, and to provide for the closure of the facility and postclosure care required by rules adopted by the board pursuant to chapter 1-26 in the event that the operator fails to correctly perform closure and postclosure care requirements;

(7)    "Landfill," a solid waste disposal facility or part of a facility where solid waste is permanently placed in or on land;

(8)    "Leachate," fluid that has percolated through solid waste and which contains contaminants consisting of dissolved or suspended materials, chemicals, or microbial waste products from the solid waste;

(9)    "Lifetime of the project," the projected period of years that a facility will receive waste, from the time of opening until closure. In the case of a landfill this shall be based on the volume of waste to be received projected at the time of submittal of the initial project plan and the calculated refuse capacity of the landfill based upon the design of the project;

(10)    "Mine wastes," waste rock, rubble, or tailings produced as a result of mining or ore processing operations. The term does not include other wastes produced at a mining operation;

(10A)    "Perpetuity," the life of the solid waste facility plus an additional fifty years;

(11)    "Person," any individual, partnership, limited liability company, firm, association, municipality, public or private corporation, state, tribe, nation, subdivision or agency of a state, tribe or nation, trust, estate, or any other legal entity;

(12)    "Postclosure" and "postclosure care," requirements placed upon a solid waste disposal facility after closure that will prevent, mitigate or minimize the threat to public health, safety, and welfare and the threat to the environment posed by the closed facility;

(13)    "Regional entity," any combination or group of municipalities, counties, or sanitary districts in this state operating or seeking to operate in a joint venture, pursuant to chapter 1-24, a solid waste management system or part thereof in compliance with §§ 34A-6-1.1 to 34A-6-1.38, inclusive;

(14)    "Resource recovery system," the recovery and separation for reuse of ferrous or nonferrous metals, glass, aluminum, paper, organic material, or any other material having a probable potential for reuse and the preparation and burning of solid waste as fuel for the production of electricity, steam or heat;

(15)    "Rules," rules promulgated by the board pursuant to the provisions of §§ 34A-6-1.1 to 34A-6-1.38, inclusive;

(16)    "Secretary," the secretary of agriculture and natural resources;

(17)    "Solid waste," any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded materials, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, and agricultural operations, and from community activities, but does not include mining waste in connection with a mine permitted under Title 45, hazardous waste as defined under chapter 34A-11, solid or dissolved materials in domestic sewage or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended to January 1, 2011, or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended to January 1, 2011;

(18)    "Solid waste facility" or "solid waste disposal facility," all facilities and appurtenances connected with such facilities, which are acquired, purchased, constructed, reconstructed, equipped, improved, extended, maintained, or operated to facilitate the disposal or storage of solid waste; and

(19)    "Solid waste management system," the entire process of storage, collection, transportation, processing, and disposal of solid wastes by any person.

Source: SL 1989, ch 306, § 4; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1994, ch 351, § 68; SL 2011, ch 165, § 109; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.