Minnehaha County Ordinance MC17-91 §11.02 specifically penalizes illegal dumping: any person who deposits solid waste on any public or private lands in a manner not specifically permitted by the ordinance faces up to a $200 fine, 30 days in jail, or both, with each day a separate offense. State law layers on graduated penalties: SDCL 34A-6-87 makes dumping 10 to 2,000 pounds a Class 1 misdemeanor (up to 1 year jail / $2,000 fine) and knowingly dumping over 2,000 pounds a Class 6 felony (up to 2 years prison / $4,000 fine). Disposal under 10 pounds is prosecuted as littering under SDCL Chapter 34A-7.
MC17-91 §11.02 (Penalty for Illegal Dumping): 'No person may dispose of any solid waste except in a manner permitted by this ordinance. Any person that disposes of solid waste on any public or private lands in a manner not specifically permitted by this ordinance is subject to a maximum penalty of a $200.00 fine, 30 days in jail, or both. Each and every day that the violation continues may be considered a separate offense. In addition they may be subject to any civil penalties allowed under SDCL 34A-1, 34A-2, 34A-6, 34A-7, 34A-11 or 34A-12.' SDCL 34A-6-87 (Illegal dumping penalties) — enacted 1992 (SL 1992, ch 254) and amended 1993 — establishes: (1) under 10 lbs = littering under SDCL Chapter 34A-7; (2) 10 lbs to under 2,000 lbs (or unintentional over 2,000 lbs) = illegal dumping in the second degree, Class 1 misdemeanor; (3) knowingly and intentionally over 2,000 lbs = illegal dumping in the first degree, Class 6 felony. Section 11.03 also requires the violator to bear the full cost of investigating contamination, the full cost of any remediation, and all legal costs. Reports of illegal dumping in unincorporated Minnehaha County are taken by the County Code Enforcement Officer at the Planning & Zoning Department; reports inside Sioux Falls or other cities go to those cities' code enforcement.
Class 2 misdemeanor under MC17-91 §11.02 (up to $200 fine, 30 days jail, daily-recurring). Class 1 misdemeanor (up to $2,000 / 1 year) under SDCL 34A-6-87 for 10-2,000 lbs. Class 6 felony (up to $4,000 / 2 years) under SDCL 34A-6-87 for knowing dumping over 2,000 lbs. Littering under SDCL 34A-7 for amounts under 10 lbs. Full cost recovery for cleanup and remediation under MC17-91 §11.03.
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