State Specific Policy Resources: South Dakota

Materials Theft

• Metal Scrap Law - S.D. Codified Laws Title 34A, Ch. 6; § 34A-6-107 to §34A-6-112 (as amended by 2022 South Dakota HB 1174, effective 07/01/22)
• ReMA Summary of South Dakota Metal Scrap Statute (June 1, 2022)

Scrap Yard / Junk Yard Zoning

• S.D. Codified Laws Title 9, Ch. 34, § 9-34-9. Secondhand and junk stores.
• S.D. Codified Laws Title 31, Ch. 30. Junk Yards Along Highways; § 31-30-1 to § 31-30-12

State / Municipal Programs

• S.D. Codified Laws Title 1. State Affairs and Government
• Ch. 40, § 1-40-40. Establishment of program to separate and recover recyclable materials--Inclusion of local government.
• Ch. 44, § 1-44-36. Use of recovered material by Department of Transportation.
• S.D. Codified Laws Title 34A, Ch. 6. Solid Waste Management
• § 34A-6-60. Legislative intent to reduce amount of solid waste disposed in landfills.
• § 34A-6-61. Definitions. (ReMA note: includes "recyclable materials")
• § 34A-6-62. Waste reduction and recycling program established.
• § 34A-6-63. Elements of waste reduction and recycling program.
• § 34A-6-63.1. Policies and requirements for purchase, sale, or transfer of solid waste or by-products, recyclable materials, or scrap by local government facility or program.
• S.D. Codified Laws Title 46A, Ch. 1, § 46A-1-99. Additional financial assistance for solid waste management and recycling facilities.

State Superfund (no SREA equivalent)

• S.D. Codified Laws Title 34A, Ch. 12. Regulated Substance Discharges; § 34A-12-1 to § 34A-12-16

Stormwater Permitting

• South Dakota DANR - Stormwater Industrial Activities Permits
• Permit Number SDR00 for Storm Water Discharges Associated with Industrial Activities
  Issued: 09/26/12; Effective: 10/01/12; Expires: Administratively continued and in full force and effect until a renewal is issued.
• Electronic Reporting (NeT)

Tire / Rubber

• S.D. Codified Laws Title 1, Ch. 44, § 1-44-36. Use of recovered material by Department of Transportation. (ReMA note: includes rubber recovered from waste tires)
• S.D. Codified Laws Title 10, Ch. 45, § 10-45-5. Tax on receipts from specific enumerated businesses and services. (ReMA note: 4.5% gross receipts tax, includes tire recapping)
• S.D. Codified Laws Title 32. Motor Vehicles
• Ch. 3, § 32-3-1. Definition of terms. (ReMA note: "component part" excludes tires)
• Ch. 5A. County Wheel Tax; § 32-5A-1 to § 32-5A-7
• Ch. 14, § 32-14-1. Definitions.
• Ch. 19. Wheels, Tires, and Special Vehicles
• Ch. 22, § 32-22-22. Tire width defined.
• S.D. Codified Laws Title 34A, Ch. 6. Solid Waste Management
• § 34A-6-61. Definitions (ReMA note: "recyclable materials" includes tires - see State / Municipal Programs; also includes waste tire definitions)
• § 34A-6-64. Disposal of tires.
• § 34A-6-66. Promulgation of rules for waste tire stockpiling and processing facilities.
• § 34A-6-83. Tire solid waste management fee on motor vehicles--Collection.
• § 34A-6-84. Payment of tire management fee by owner of motor vehicle--Date due--Exemption for United States and Indian tribe property.
• § 34A-6-85. Deposit of fees in environment and natural resources fee fund and water and environment fund--Expenditures, grants, and loans from water and environment fund--Preferences.
• § 34A-6-85.1. Financial assistance for statewide cleanup of waste tires.
• § 34A-6-87.1. Disposal of tire waste--Collection or processing sites--Penalties for violations.
• S.D. Codified Laws Title 46A, Ch. 1, § 46A-1-91. Financial assistance for recycling and processing facilities for waste tires.

Vehicle Detitling / Dismantling

• S.D. Codified Laws Title 32. Motor Vehicles
• Chapter 3 Title Registration, Liens And Transfers (as amended by 2018 South Dakota SB 42 and 2018 South Dakota HB 1236)
• § 32-3-1. Definition of terms.
• § 32-3-51. Dismantled or destroyed vehicle--Return of plates and title to department--Cancellation of registration--Consent of lien holder--Notation on certificate--Destruction of certificates--Retention of record--Removal of identification numbers as felony.
• § 32-3-51.5. Vehicle with out-of-state marked title--Damage disclosure information--Salvage title or junking certificate.
• § 32-3-51.12. Junking certificate required for vehicle being dismantled--Removal of identification number prohibited--Violation as felony.
• § 32-3-51.13. Rebuilt or salvage vehicle--Application for junking certificate--Inspection.
• § 32-3-51.17. Junking certificate for nonrebuildable vehicle.
• § 32-3-51.19. Salvage vehicle defined--Application.
• § 32-3-51.20. Insurer or self insurer acquiring ownership of salvage vehicle without salvage vehicle title to surrender certificate of title--Salvage title issued--Rebuilt title.
• § 32-3-51.21. Owner to obtain salvage title if insurer or self insurer declares vehicle total loss but does not acquire ownership--Notice--Sale without title as misdemeanor--Application.
• § 32-3-52. Surrender of indicia of ownership by dealers, salvage yards, and others.
• Ch. 5, § 32-5-23. Destruction of licensed vehicle or failure of vehicle to pass inspection--Removal of plates--Credit--Replacement of plates.
• Chapter 36. Abandoned, Derelict and Junk Motor Vehicles; § 32-36-1 to § 32-36-11

Abandoned Vehicles

• S.D. Codified Laws Title 32, Chapter 30 Stopping and Parking Restrictions
• § 32-30-12. Abandoned vehicles--Vehicles unattended for more than twenty-four hours.
• § 32-30-12.1. Modification by municipal ordinance of abandoned vehicle provisions.
• § 32-30-12.2. Abandonment of motor vehicle on public highway or right-of-way a misdemeanor--Reasonable towing and storage fees--Suspension of fine.
• § 32-30-13. Removal of abandoned vehicles.
• § 32-30-14. Vehicles blocking traffic--Wrecked vehicles.
• § 32-30-15. Notification to owner of removal of abandoned or wrecked vehicle--Recovery by owner--Disposal.
• § 32-30-18. Lien for costs of removal and storage of vehicle--Limit--Exception.
• § 32-30-18.1 Owners of certain abandoned vehicles civilly liable for towing and storage expenses.
• § 32-30-19. Police to move vehicle to place of safety--When required.
• S.D. Codified Laws Title 32, Chapter 36. Abandoned, Derelict and Junk Motor Vehicles; § 32-36-1 to § 32-36-11