February 15, 1980

Mr. Robert Arneson 
Attorney 
Lake Poinsett Area Sanitary District 
Hayti, South Dakota 57241

Official Opinion No. 80-10

May Sanitary Districts Contract for Collection of Solid Wastes?

Dear Mr. Arneson:

You have requested an official opinion from this office in regard to the following factual situation:

FACTS: 

In 1976, the Lake Poinsett Sanitary District was duly organized and incorporated.  For the past several years, the Lake Poinsett Development Association has contracted with a local garbage hauler to remove garbage on a regular basis from lake residents during the summer season.  The garbage hauler receives a specified annual sum for his services, and the lake association informally bills the lake residents for their proportionate share of the annual charge. 

The lake association has requested that the sanitary district take over the garbage service and contract directly with the present garbage hauler, with payment to be made from appropriated tax dollars.

Based upon the above facts you have asked the following question:

QUESTION: 

Does the Lake Poinsett Area Sanitary District, by and through its board of trustees, have authority under South Dakota law to enter into a contract with a private hauler for garbage pick-up around Lake Poinsett during the summer season?

SDCL 34A-5-26(4) provides: 

The board of trustees shall have the following powers: 

     . . . 

(4)  To construct and operate storm and sanitary sewers and sewage and solid waste disposal plants and systems.

SDCL 34A-6-1(8) provides: 

(8)  'Franchise,' an agreement in which a municipality, county or sanitary district has bestowed upon a person an exclusive privilege to collect solid waste generated within part or all of its jurisdiction or to operate a disposal site for such solid waste and in which the political subdivision has relinquished substantial control over the collection or disposal process, including but not limited to, the right to supervise its execution and the right to collect fees for the service.

SDCL 34A-6-22 provides: 

All sanitary districts and counties shall have the same rights and responsibilities under this chapter as municipalities.

SDCL 34A-6-24 provides: 

Every municipality shall have power to grant and regulate franchises for the purpose of collection and disposal of solid waste, as the same is defined by subdivision (1) of §  34A-6-2, originating in such municipality or in a zone adjacent thereto, not a part of another municipality, and not to exceed two miles around the boundaries of such municipality.  Such franchise shall  not be granted for a longer period than ten years.

It is my opinion the above statutes authorize the sanitary districts to enter into contracts for collection of solid wastes. Be cognizant the enabling legislation, SDCL 34A-6-1 et seq., sets out procedures to be followed in granting franchises for garbage collection and the sanitary district must comply.

Respectfully submitted,

Mark V. Meierhenry
Attorney General