Any person hauling or transporting any waste tire as defined in subdivision 34A-6-61(25), originating from a wholesaler or retailer shall ensure the proper disposal of the waste tire at a department approved waste tire collection or processing site, or that it is used in some other manner approved by the department. The board may promulgate rules, pursuant to chapter 1-26, setting forth the requirements and procedures for department approval of waste tire collection, processing sites, or other approved uses for waste tires. Any waste tire hauler or transporter who intentionally disposes of any waste tire in a manner inconsistent with the provisions of this section is subject to a civil action by the State of South Dakota in circuit court for the recovery of a civil penalty of not more than ten thousand dollars per day per violation, or for costs to clean up sites not approved, or both. The violator is also subject to the criminal penalties provided for in § 34A-6-87.

Source: SL 1998, ch 202, § 1.