Discharge Permits FAQ

1. Why are National Pollution Discharge Elimination System (NPDES) regulations important?
2. Who needs a NPDES/Surface Water Discharge permit?
3. How does the permitting process work?
4. Where do I get a Surface Water Discharge permit application?

More FAQs:

1. Why are National Pollution Discharge Elimination System (NPDES) regulations important?

By 1972, municipal and industrial wastewater pollution of the rivers, streams, and lakes in America had become a national concern. To clean up the nation's waters, Congress passed the Federal Clean Water Act of 1972. This Act formed the National Pollutant Discharge Elimination System (NPDES) Permit Program. The main goals of the NPDES Program are to control the amount of pollution that can enter waters of the United States and protect the beneficial uses of all streams and lakes. EPA delegated authority for this program to South Dakota on December 30, 1993.

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2. Who needs a NPDES/Surface Water Discharge permit?

There are three types of permits issued out of this program.

  1. Surface Water Discharge Permit: If pollutants (even heat can be considered a pollutant) are being discharged from a "point source" to waters of the state, a Surface Water Discharge permit is needed. An example of a "point source" would be a pipe or ditch. For information please contact the Water Quality Program in Pierre at (605) 773-3351.
  2. Pretreatment Industrial Users Permit: A Pretreatment Industrial Users Permit is issued to an industry discharging process wastewater to the sanitary sewer. Aberdeen, Brookings, Huron, Mitchell, Rapid City, Sioux Falls, and Watertown have received delegation of this program. SDDANR issues this permit to industries in other municipalities. For information please contact Kyle Doerr at (605) 773-3351.
  3. Stormwater Permit: A Stormwater permit is issued to an industry or construction site. This permit requires the source to develop a plan to prevent or reduce runoff of pollutants. For more information on stormwater permits, contact the Stormwater Team by email or by calling 1-800-737-8676 or (605) 773-3351.

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3. How does the permitting process work?

View the Permitting Guide

An application should be sent to the department at least 180 days prior to any discharge. The department makes a recommendation on the permit and publishes it in a local newspaper for a 30-day public comment period. If the permit is not contested, it is issued.

If you need a stormwater permit, fill out a short application form called a Notice of Intent. Both construction and industrial stormwater forms can be found on the Stormwater Program page.

The regulations can be found in the Administrative Rules of South Dakota 74:52.

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4. Where do I get a Surface Water Discharge permit application?

A surface water discharge application form may be obtained from the Applications and Forms page.

For information please contact Tom Anderson at (605) 773-3351.

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