Waste Management Regulation in South Dakota: 2025 In-Depth Guide

A strong commitment to environmental stewardship, public health, and regulatory clarity shapes South Dakota’s approach to waste management. As the state evolves, so do its waste management regulations, encompassing solid, hazardous, and special wastes. This comprehensive guide explores the regulatory framework, key agencies, compliance requirements, and the latest legislative and industry trends. Direct links to official government resources are included for further exploration.

Overview: Who Regulates Waste in South Dakota?

The South Dakota Department of Agriculture and Natural Resources (DANR) is the primary regulatory authority for solid and hazardous waste management. DANR’s Solid Waste Section is responsible for overseeing the storage, treatment, and disposal of solid waste, including municipal landfills, construction and demolition sites, composting operations, and transfer stations. The department’s authority is grounded in South Dakota Codified Law (SDCL) Chapters 34A-6 (solid waste) and 34A-11 (hazardous waste), as well as the Administrative Rules of South Dakota (ARSD).

Solid Waste Regulation: Permits, Compliance, and Best Practices

What is a Solid Waste Facility?

A solid waste facility is broadly defined as any site or facility acquired, operated, or maintained for the storage or disposal of solid waste. This includes landfills, transfer stations, composting sites, and certain recycling operations.

Who Needs a Permit?

• Permit Required: Any person, business, or government entity operating a solid waste facility must obtain a permit from DANR. The permitting process ensures compliance with environmental standards and public health requirements.

• Exemptions: Farmers and ranchers may dispose of domestic waste generated on their property without a permit, provided that disposal does not pose a threat to human health or the environment and does not pollute air or water.

The Permitting Process

1. Application Submission: Applicants submit a detailed application to DANR.

2. Department Review: DANR reviews the application for compliance with statutes and rules.

3. Public Comment: The application is published for a 30-day public comment period in a local newspaper.

4. Final Decision: If uncontested, the permit is issued; otherwise, further review may occur.

Prohibited Materials

South Dakota law prohibits the following from being landfilled:

• Yard waste

• Lead-acid batteries

• Waste motor oil

• White goods (large appliances)

These bans, which have been in effect since 1995, are designed to encourage recycling and prevent environmental contamination.

Minimum Management Standards

Operators must not manage waste in ways that:

• Spread disease vectors

• Causes air, water, or soil pollution

• Lead to littering or degrade the aesthetic quality of the environment

These standards are codified in ARSD 74:27:17:01 and are strictly enforced to protect public health and South Dakota’s natural resources.

Hazardous Waste Regulation: Full Lifecycle Oversight

Hazardous waste is regulated under SDCL 34A-11 and corresponding administrative rules, with DANR implementing a program that mirrors federal Resource Conservation and

Recovery Act (RCRA) requirements.

Program Scope

• Covers: Generation, transportation, storage, treatment, and disposal of hazardous waste.

• Federal Alignment: The state program adopts federal rules (40 CFR 261) by reference, with some procedural differences such as permit duration (two years for new permits, up to five years for renewals).

• Enforcement: DANR and the EPA can issue administrative orders, fines, or pursue criminal charges for violations. As of January 2025, penalties can reach $93,058 per violation per day.

Reporting and Compliance

• Biennial Reporting:Facilities must submit timely biennial reports. Late or missing reports can result in significant penalties.

• Common Pitfalls:Misclassification of waste, failure to update waste determinations, and lack of dedicated compliance staff are frequent issues.

Industry Leadership and Public Education

The South Dakota Solid Waste Management Association (SDSWMA) is a key advocate for best practices, operator training, and public education. Their 2024-2025 resolutions emphasize:

• Ongoing training and certification for landfill operators

• Ensuring that solid waste and tire fees are used for their intended purposes (disposal, recycling, cleanup)

• Prioritizing information-sharing and education for local and state entities, as well as the public

• Supporting the Solid Waste Management Grant/Loan Program for environmentally sound waste management

• Promoting volume reduction, recycling, reuse, and composting as core strategies

Recycling and Source Reduction Initiatives

Recycling and source reduction are vital components of South Dakota’s waste management strategy. However, the state’s recycling rate has declined from 18.5% in 2011 to below 13% in recent years, despite population growth. This decline underscores the need for increased public engagement and more robust recycling programs.

Local successes, such as Sioux Falls’ Millennium Recycling facility and its BINfluencer outreach program, demonstrate the potential for improvement. Specialized programs, such as the statewide pesticide container recycling program, help divert specific waste streams from landfills by ensuring proper collection and processing.

South Dakota also supports recycling through grants and loans aimed at improving infrastructure and promoting innovative projects. Moving forward, enhanced public education, better participation, and consistent data tracking will be key to increasing recycling rates and reducing landfill dependency.

Local Government Roles

Local governments establish standards for collection frequency, vehicle specifications, and the management of small transfer stations (those handling less than 500 tons per year). They are also responsible for ensuring that all facilities within their jurisdiction comply with state rules.

Key Duties Include:

• Enforcement & Oversight: Local agencies monitor waste facilities, enforce compliance, and handle complaints or violations.

• Setting Local Standards: They establish collection schedules, vehicle requirements, and manage small transfer stations (handling less than 500 tons per year), adapting practices to fit community needs.

• Promoting Recycling & Reduction: Local governments often lead recycling programs, public education campaigns, and community clean-up events to encourage waste reduction and proper material handling.

• Accessing Grants & Funding: They can apply for state grants and loans to improve local waste infrastructure and support recycling or cleanup projects.

• Public Education: Local authorities provide residents and businesses with information on best practices, regulatory updates, and proper disposal of hazardous waste.

Through these efforts, local governments ensure that waste management in South Dakota is effective, compliant, and customized to local priorities, while supporting statewide environmental goals.

Conclusion

South Dakota’s waste management regulations are designed for robust environmental protection, public health, and practical compliance. With clear permitting, rigorous standards, strong enforcement, and ongoing education, the state ensures that waste is managed safely and sustainably. For businesses, municipalities, and residents, staying informed and compliant is essential, especially as regulations and best practices continue to evolve.

For specialized medical waste management or compliance support, visit SD Med Waste.

Official Resources for Further Reading:

• DANR Waste Management Program: https://danr.sd.gov/Environment/WasteManagement/

• DANR Solid Waste Section: https://danr.sd.gov/Environment/WasteManagement/SolidWaste/default.aspx

• SDSWMA Resources: https://sdswma.org/resources/

FAQs

1. What is a solid waste facility in South Dakota?

A solid waste facility is any site used for the storage or disposal of solid waste, including landfills, transfer stations, and composting sites.

2. Do I need a permit to dispose of waste on my property?

Permits are required for operating a solid waste facility. However, farmers and ranchers may dispose of their own domestic waste on their property without a permit, provided it does not pose a threat to health or the environment.

3. Which materials are banned from South Dakota landfills?

Yard waste, lead-acid batteries, waste motor oil, and white goods are prohibited from landfill disposal and must be managed through recycling or special collection programs.

4. How are hazardous wastes regulated?

Hazardous waste is regulated from generation to disposal. Businesses must notify DANR if they generate hazardous waste and comply with strict handling, storage, and reporting requirements.

5. What are the penalties for non-compliance with hazardous waste regulations?

Penalties can be severe, with fines up to $93,058 per violation per day as of 2025. Administrative orders and criminal enforcement are possible for serious violations.

6. How does the permitting process work for solid waste facilities?

Applicants submit documentation to DANR, which reviews for compliance and opens a 30-day public comment period. If uncontested, the permit is issued.

7. Who oversees operator training and public education?

SDSWMA leads efforts in operator training and public education, working closely with DANR and local governments.