South Dakota state law: illegal dumping and littering penalties

SDCL 34A-6-87 (Illegal dumping penalties) provides: '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.' Second-degree illegal dumping is a Class 1 misdemeanor (up to 1 year jail and $2,000 fine under SDCL 22-6-2). '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' — a Class 6 felony (up to 2 years prison and $4,000 fine under SDCL 22-6-1). SDCL 34A-7-1 defines litter broadly to include garbage, trash, refuse, debris, grass clippings, lawn or garden waste, containers, packaging, abandoned vehicles, vehicle parts, furniture, oil, animal carcasses, and any nauseous or offensive matter. SDCL 34A-7-6 makes general littering a Class 2 misdemeanor (up to 30 days jail and $500 fine). SDCL 34A-7-7 separately prohibits dumping from a motor vehicle (Class 2 misdemeanor). SDCL 34A-7-9 makes allowing litter to accumulate on property a Class 2 misdemeanor. SDCL 34A-7-17 provides enhanced penalties: littering exceeding 5 pounds aggregate weight carries fines up to $1,000; 20% of fines fund informant rewards; and convicted persons must perform community litter cleanup.

Class 6 felony (first-degree illegal dumping, >2,000 lbs knowing) — up to 2 years prison, $4,000 fine. Class 1 misdemeanor (second-degree illegal dumping, 10–2,000 lbs) — up to 1 year jail, $2,000 fine. Class 2 misdemeanor (littering under 10 lbs, motor-vehicle dumping, accumulation) — up to 30 days jail, $500 fine. Enhanced fine up to $1,000 for litter exceeding 5 lbs aggregate under SDCL 34A-7-17, plus mandatory community cleanup.