Section 34A-6-63.1 - Policies and requirements for purchase, sale, or transfer of solid waste orby-products, recyclable materials, or scrap by local government facility orprogram. - South Dakota Statutes

34A-6-63.1. Policies and requirements for purchase, sale, or transfer of solid waste or by-products, recyclable materials, or scrap by local government facility or program. The governing body of any county, municipality, or political subdivision of the state may, by ordinance or resolution, establish policies, requirements, and procedures for the purchase, acquisition, sale, or transfer of any solid waste, as defined in § 34A-6-1.3; solid waste by-products; recyclable materials, as defined in § 34A-6-61; and scrap materials by any solid waste or recycling system or facility that is owned or operated by the county, municipality, or political subdivision or by any other facility or program that is owned or operated by the county, municipality, or political subdivision. Policies and requirements established pursuant to this section shall conform to state statutes and rules related to solid waste and recycling.
Such purchases, acquisitions, sales, and transfers are exempt from the requirements of chapters 5-18 and 6-13. If the governing body determines that it would be in the best interests of the county, municipality, or political subdivision, the governing body may attempt to identify additional prospective buyers or sellers and may negotiate the conditions of such transactions with prospective buyers or sellers, including price, delivery, transport, quantity, and length of contract, to obtain the price or conditions most advantageous to the governing body. The governing body may authorize procedures for adjusting prices to meet changing market conditions not within the control of the purchaser or seller. No governing board member and no officer of the county, municipality, or political subdivision may purchase or acquire the materials described in this section unless such materials are available for sale to or acquisition by the general public.

Source: SL 2007, ch 204, § 1.