Minnehaha County Ordinance MC17-91 requires both residential and commercial properties in unincorporated areas to source-separate recyclable materials before pickup and prohibits depositing those recyclables at the sanitary landfill. Recyclables are defined to include paper and paper products, corrugated cardboard, plastic containers, and metal (aluminum, tin, steel) containers. Every licensed commercial hauler must provide recycling collection service to its customers and must publish a fee structure 'designed to promote waste reduction and recycling.'
Section 2.03: 'Recyclable materials shall be separated from the waste stream prior to collection. Recyclable materials shall not be deposited at the sanitary landfill.' Section 2.04 imposes the same rule on commercial, business and apartment uses: 'Commercial and business establishments, including apartments, shall separate recyclable materials generated by or accruing to such establishment prior to collection. Commercial and business recyclable materials shall not be deposited at the sanitary landfill.' Section 1.06 defines 'Recyclable materials' as 'Materials or products that may be readily separated from the solid waste stream and may be used or reused as a substitute for raw materials or other items, including but not limited to aluminum, plastic, paper and paper products, tin, steel and corrugated cardboard.' 'Residential Recyclables' is defined separately to mean 'paper and paper products, corrugated cardboard, plastic containers, and metal containers.' Article 12 (§12.02(2)–(3)) requires every commercial hauler to submit written information about the recycling services it will provide and to charge volume- or weight-based fees that promote waste reduction. State authority flows from SDCL Chapter 34A-6.
Mixing recyclables into landfill-bound waste, or a hauler failing to offer recycling collection, is a Class 2 misdemeanor under MC17-91 §11.01 (penalty under SDCL 7-18A-2). Civil penalties under SDCL Chapters 34A-1, 34A-2, 34A-6, 34A-11 and 34A-12 may also be assessed. Each day of continued violation may be charged separately.
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