It is unlawful to willfully dispose of solid waste in a manner inconsistent with the provisions of this chapter. Illegal disposal of solid waste in a quantity less than ten pounds shall constitute littering as provided in chapter 34A-7. Any person illegally disposing of solid waste in a quantity of ten pounds or more, but less than two thousand pounds or who unintentionally disposes of solid waste in excess of two thousand pounds in a manner inconsistent with this chapter is guilty of illegal dumping in the second degree. Any person who knowingly and intentionally disposes of solid waste in a manner inconsistent with the provisions of this chapter in a quantity in excess of two thousand pounds is guilty of illegal dumping in the first degree. Illegal dumping in the first degree is a Class 6 felony. Illegal dumping in the second degree is a Class 1 misdemeanor.

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 6 felonyup to 2 yearsup to $4,000
Class 1 misdemeanorup to 1 yearup to $2,00
For details, see § 22-6-1 and § 22-6-2

Terms Used In South Dakota Codified Laws 34A-6-87

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

Source: SL 1992, ch 254, § 50N; SL 1993, ch 172, § 2; SL 1993, ch 262.