Medical Waste Regulations in South Dakota (2026)
Generator registration, storage limits, approved treatment, transport rules, and penalties under South Dakota Department of Agriculture and Natural Resources (DANR), Waste Management Program, with the primary statute behind every line.
South Dakota medical waste rules at a glance
| Governing agency | South Dakota Department of Agriculture and Natural Resources (DANR), Waste Management Program |
|---|---|
| Primary statute / rule |
|
| Generator registration | South Dakota has no separate state medical or infectious waste generator registration or licensing program. Medical and infectious waste is handled within the general solid waste rules (ARSD 74:27) under SDCL chapter 34A-6, and there is no dedicated state generator permit for simply producing the waste. [source] |
| On-site storage time limit | No fixed on-site storage time limit is set in South Dakota state code. ARSD 74:27:13:17 and the related rules do not specify a maximum number of days a generator may store medical or infectious waste before treatment or disposal. [source] |
| Approved treatment methods |
|
| Transport / manifest rules | South Dakota state code sets no separate medical or infectious waste transport manifest or hauler-licensing requirement. Off-site movement is governed by the requirement that off-site treatment occur at a facility holding a SDCL chapter 34A-6 permit, with transporters otherwise following applicable federal U.S. DOT hazardous materials rules. [source] |
| On-site treatment allowed? | Yes. On-site treatment by incineration (per article 74:36), steam sterilization, chemical disinfectant, or an equally effective method is allowed to render the waste noninfectious; a SDCL chapter 34A-6 permit is required only for off-site treatment of medical or infectious waste. [source] |
| Penalty range | Under SDCL 34A-6-1.31, operating a solid waste facility without a permit is a Class 5 felony, knowingly violating a permit term or filing a false statement is a Class 1 misdemeanor, and violators face a civil penalty of not more than $10,000 per day per violation plus environmental-impairment damages. Under SDCL 34A-6-87, illegal dumping of solid waste runs from a Class 1 misdemeanor to a Class 6 felony for knowing and intentional disposal over 2,000 pounds. [source] |
What is unique about South Dakota
South Dakota does not have a dedicated medical-waste statute or generator-licensing program; instead it folds medical and infectious waste into its general solid waste rules. The operative requirement is narrow: under ARSD 74:27:13:17(5) the waste must be rendered noninfectious by incineration, steam sterilization, chemical disinfectant, or an equally effective method before it can go into a municipal solid waste landfill, and a SDCL chapter 34A-6 permit is required only for off-site treatment. South Dakota also adopts the federal definition of medical and infectious waste from 40 CFR 60.51c by reference rather than writing its own, and per DANR medical waste generated in homes is exempt.
Frequently asked questions
Which agency regulates medical and infectious waste in South Dakota?
The South Dakota Department of Agriculture and Natural Resources (DANR), through its Waste Management Program, Solid Waste Section, under ARSD article 74:27 and SDCL chapter 34A-6. There is no standalone medical-waste agency or program.
Does South Dakota require generators to register or get a permit just to produce medical waste?
No. South Dakota has no separate medical or infectious waste generator registration or licensing scheme. A SDCL chapter 34A-6 permit is required only for off-site treatment of the waste, not for generating it.
How must medical or infectious waste be treated before disposal in South Dakota?
Under ARSD 74:27:13:17(5) it must be rendered noninfectious by incineration (per article 74:36), steam sterilization, chemical disinfectant, or an equally effective treatment method before it can be disposed of in a municipal solid waste landfill.
Is home-generated medical waste regulated the same way in South Dakota?
No. Per DANR, medical waste generated in homes is exempt from these treatment requirements, though residents are encouraged to choose a disposal option that minimizes risk to sanitation workers, haulers, and landfill operators.
Can a South Dakota generator send untreated medical waste to a landfill?
No. Under ARSD 74:27:13:17(5), medical and infectious waste must be rendered noninfectious by incineration, steam sterilization, chemical disinfectant, or an equally effective method before it can enter a municipal solid waste landfill. A generator may treat its own waste on site, but off-site treatment must occur at a facility holding a SDCL chapter 34A-6 permit, and South Dakota adopts the federal medical and infectious waste definition at 40 CFR 60.51c by reference.
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