Stromwater Program

What is stormwater runoff?
Stormwater runoff occurs when precipitation from rain or snowmelt flows over the ground. Roads, driveways, sidewalks, rooftops, parking lots, and other impervious surfaces prevent stormwater runoff from naturally soaking into the ground.
Why do we permit stormwater runoff?
Stormwater runoff can pick up debris, chemicals, dirt, and other pollutants and flow into a storm sewer system or directly to a lake, stream, river, or wetland. Stormwater is discharged untreated into the waterbodies we use for swimming, fishing, and drinking water. The Clean Water Act requires a permitting program for addressing the pollution caused by stormwater discharges. South Dakota has developed general permits to provide a simple process for getting a stormwater permit.
Does my oil and gas activity need a stormwater permit?

Federal rules exempt certain types of oil and gas facilities and activities that fall under “exploration, production, processing or treatment operations, or transmission facilities” from stormwater permitting. A list of exemptions and further explanation can be found on EPA's website. The exemption applies to both construction and industrial stormwater permitting.

When do I have to apply for a construction stormwater permit?
You must submit a Notice of Intent (NOI) at least 15 calendar days prior to starting construction. You are required to have a construction stormwater permit if your construction activities will disturb one or more acres of land (this includes support activity areas).
When do I have to apply for an industrial stormwater permit?

You must submit a Notice of Intent (NOI) at least 15 calendar days prior to operational start-up. You are required to have an industrial stormwater permit if your industrial activities fall under one of the following Industrial Sectors found here: Industrial Sector Code Description

When do I have to apply for a temporary discharge permit?

You must submit a Notice of Intent (NOI) at least 15 calendar days prior to any anticipated discharge. You are required to have a temporary discharge permit if you will be discharging relatively uncontaminated water off your property for a short time frame. Long-term discharges may require an individual permit.

Are there any exemptions to stormwater permitting?

Certain Oil and Gas activities are exempt from both construction and industrial stormwater permitting (See "Does my oil and gas activity need a stormwater permit?"). Industrial sites required to have coverage under the industrial stormwater permit but whose industrial activities and/or materials are not exposed to precipitation or runoff can submit a No Exposure certification waiver to be exempt from stormwater permitting requirements. More information on the No Exposure certification waiver can be found on the Industrial Stormwater Homepage.

Who can submit a construction stormwater NOI?
Section 1 of the NOI requires the "site owner" information; this must be the contact information for the individual or company who is responsible for the construction project. This is also the person (or responsible official of the company) who must sign and certify the NOI, which includes notarization of NOI submittals.
How can I tell if a construction stormwater permit has been terminated?

You can use our online construction stormwater database to search for the site in question to see if it is still active in our records.

What is a SWPPP and why does my site need one?
A SWPPP, or Stormwater Pollution Prevention Plan, is required for all permitted construction and industrial stormwater sites. The SWPPP is a written document that outlines how you will ensure stormwater runoff leaving your site will not become contaminated with pollutants, such as dirt, trash, chemicals.
Do I need to submit my SWPPP for approval?
No, DANR does not require SWPPPs to be submitted with the NOI for approval of either the SWPPP or to issue permit coverage. However, DANR may request your SWPPP be submitted for review as part of our inspection process or records review.
Are there fees for stormwater permits?

Yes, DANR charges annual, tiered fees for construction stormwater and industrial stormwater general permit coverages. See the tables below for a summary of the annual fees and check out the construction stormwater and industrial stormwater homepages for more information.


Construction Stormwater Fees

<5 acres

$100

5 to < 40 acres

$250

40 to < 80 acres

$500

80+ acres

$750

Industrial Sectors Fees (excluding Sector J)

Tier

Industrial Sectors

Fee Amount

I

B-P-Q-R-T-U-V-W-X

$100

II

AA-AB-AC-AD-C-F-O-S-Y-Z

$200

III

A-D-E-M-N

$400

IV

K-L

$600

V

G-H-I

$800

Nonmetallic Mineral Mining and Processing Facilities Fees (Sector J)

Tier

Unreclaimed Acreage

Fee Amount

I

< 1 acres

$100

II

1 to < 20 acres

$200

III

20 to < 40 acres

$400

IV

40 to < 80 acres

$600

V

80+ acres

$800