Minnehaha County Ordinance MC17-91, Sections 2.03 and 2.04, require every residential and commercial property in the unincorporated county to use a licensed commercial garbage hauler with collection performed at minimum once per week. Burning of solid waste or recyclables is prohibited, and all disposal must be at a properly permitted solid waste facility (the Sioux Falls Regional Sanitary Landfill is the operative facility). Within the cities of Sioux Falls, Brandon, Hartford, Dell Rapids and the other incorporated municipalities, each city's own ordinance and contracted hauler (or city sanitation department) governs.
Section 2.03 (Residential Recycling Collection and Waste Disposal): 'All residential uses in the unincorporated portions of Minnehaha County shall have solid waste collection performed by a licensed commercial garbage hauler. Solid waste collection shall be performed a minimum of once per week. No residential solid waste or residential recyclables shall be burned in the county and the disposal of all solid waste shall be done at a solid waste facility properly permitted by Minnehaha County and the State of South Dakota.' Section 2.04 imposes identical weekly-pickup, no-burn and licensed-hauler requirements on commercial, business and apartment properties. Article 12 (Sections 12.01-12.02) requires every hauler operating in unincorporated Minnehaha County to hold a county Commercial Garbage Hauler's License, to charge volume- or weight-based fees designed to promote waste reduction, and to provide written recycling service information to customers. The license application fee is $100 new / $50 renewal. State authority for the ordinance flows from the South Dakota Centennial Environmental Protection Act of 1989 codified at SDCL Chapter 34A-6 (Solid Waste Management); penalties for violation are addressed in Article 11 (Class 2 misdemeanor under SDCL 7-18A-2).
Failing to subscribe to a licensed weekly hauler, or skipping pickups by burning or stockpiling waste, is a Class 2 misdemeanor under MC17-91 Section 11.01 (punishable per SDCL 7-18A-2 — up to $500 fine and/or 30 days in jail). Each day of continued violation may be charged as a separate offense. Civil penalties under SDCL Chapters 34A-1, 34A-2, 34A-6, 34A-11 and 34A-12 may also apply. Unlicensed haulers operating without a Section 12.01 license can be denied future licensure and prosecuted.
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