SOUTH DAKOTA Department of
Environment & Natural Resources

Protecting South Dakota's Tomorrow...Today!
Joe Foss Building
523 E Capitol
Pierre, SD 57501
Field Offices
Contact Us
SubMenu

Surface Water

Commonly Asked Questions & Answers for Municipalities

What is the stormwater program?

What is a Municipal Separate Storm Sewer System (MS4) and do I need a permit?

Do I need to get a stormwater permit?

What types of activities are covered?

My municipality is required to get stormwater permit coverage for discharges from our MS4. How does the permitting for my industrial activities and construction projects fit in with the MS4 permit?

My municipal activities all drain into my storm sewer system. Do I still need this permit?

I already have permit coverage for all facilities that need it. Do I have to do anything else?

My municipality is/will be hiring a contractor for a construction project. Can the contractor apply for the permit instead of us?

What does the permit require?

How do I get an application?

When do I have to apply?

Can I cover all my facilities under one permit certification, or do I need to apply for each one separately?

What exactly do I need to do?

Is there a fee for the permit?

What if my municipality doesn’t comply?

Where can I get some assistance in preparing my SWMP and application?

Definitions

Appendix A


What is the Stormwater Program?

The stormwater program was authorized by the federal Clean Water Act. This is a program that is meant reduce the amount of pollutants entering lakes, streams, and rivers as a result of runoff from industrial facilities, construction sites, and urban areas. The regulations are administered by the use of permits, which authorize the discharge of stormwater to waters of the state. The South Dakota Department of Environment and Natural Resources (DENR) has been the permitting authority for the Stormwater Program within the State of South Dakota since December 1993, and has adopted the federal stormwater regulations, by reference, into the Administrative Rules of South Dakota (ARSD) Chapters 74:52:01 through 74:52:11. 

Return to top of page

What is a Municipal Separate Storm Sewer System (MS4) and do I need a permit?

Phase I of the federal stormwater program began on October 1, 1992. Many industrial and construction activities operated by municipalities (including cities, counties, special districts, etc.) with populations over 100,000 were required to obtain a storm water discharge permit. This permit requires the city to develop a program to minimize the pollutants entering waterways through its municipal separate storm sewer system (commonly called an “MS4”).

Phase II of the stormwater program went into effect in March 2003. At that point, municipalities with populations over 10,000 were required to obtain a stormwater discharge permit.

Return to top of page

Do I need to get a stormwater permit? 

Industrial and construction sites where activities come into contact with stormwater must be covered by one of the State’s stormwater discharge permits. Industrial activities required to be permitted include most manufacturers, mining (including sand/gravel mining operations), transportation facilities (e.g. vehicle maintenance shops), power plants, airports, landfills, wastewater treatment plants, and recyclers. Construction projects that disturb one acre or more of land, or are part of a larger plan, also must be covered by a permit.

Return to top of page

What types of activities are covered?

Typical municipally-owned “industrial activities” that will require State permit coverage include (but are not limited to):

 
  • Wastewater treatment plants (with a design flow of 1.0 MGD or more, or required to have an approved pretreatment program)

  • Sand and gravel pits

  • Borrow pits

  • Waste transfer stations (only if the station has vehicle fueling, maintenance or equipment washing)

  • Recycling centers

  • Landfills (All landfills that accept any industrial waste from facilities regulated by the stormwater program require coverage.  Industrial waste also includes construction debris.)

  • Asphalt and concrete batch plants

  • Inactive hard rock mines (if runoff contacts overburden, raw material, intermediate or finished product, or waste products)

  • Bus maintenance facilities (or other vehicle maintenance, if the maintenance facility supports an agency with the primary function of transportation, such as a municipal bus system.  However, a vehicle maintenance facility that supports an activity not covered by the stormwater regulations, such as pubic safety, schools or utilities, does not require an industrial stormwater permit.)

  • See Appendix A for a complete list of covered industries.

Return to top of page

My municipality is required to get stormwater permit coverage for discharges from our MS4.  How does the permitting for my industrial activities and construction projects fit in with the MS4 permit?

Industrial Sites:  The programs should mesh well together. Discharges from a municipal industrial activity covered under an industrial stormwater permit will not need to be addressed under the MS4 permit.

The MS4 permit requires stormwater controls for streets, roads, highways, municipal parking lots, maintenance and storage yards, fleet or maintenance shops with outdoor storage areas, salt/sand storage locations and snow disposal areas operated by the permittee, and waste transfer stations, and from activities such as park and open space maintenance, fleet and building maintenance, street maintenance, new construction of municipal facilities, and stormwater system maintenance.  However, if you already have coverage for such sites under an industrial permit, then you do not need to address that site under your MS4 permit.  (If an industrial facility seems to fit under both, then the default would be coverage under the industrial permit.)  See Question #4 for a list of facilities needing industrial permit coverage

Construction:  If a construction project for a municipality disturbs at least one acre of ground, then a construction permit from DENR is needed.  In addition, the construction project must meet the same requirements as a private construction project. The project will have to go through review and inspection process, as developed under the municipality’s MS4 permit.

Return to top of page

My municipal activities all drain into my storm sewer system. Do I still need this permit?

Yes.  The vast majority of storm sewers drain into waters of the State (see Definitions, Item #17).

Return to top of page

I already have permit coverage for all facilities that need it. Do I have to do anything else?

No.  However, please review the list of covered facilities in Appendix A to ensure that you do have complete coverage.

Return to top of page

My municipality is/will be hiring a contractor for a construction project. Can the contractor apply for the permit instead of us?

Yes.  The permit may be issued to any party willing to take responsibility for the quality of the stormwater runoff from the site and has operational control over development and implementation of the stormwater pollution prevention plan, including the owner, contractor, or developer.

Return to top of page

What does the permit require?

Specific information on the permit requirements is available in the permit itself.  Information is also available within guidance documents developed for the stormwater program and its parts. In general, the requirements include:

  • Stormwater Pollution Prevention Plan (SWPPP) – development and implementation of a pollution prevention plan to address potential pollutant sources at the facility/site, and Best Management Practices to reduce or eliminate the risk of pollution from those sources.

  • Facility Inspections - for industrial facilities, conduct a comprehensive site evaluation at least once per year, in addition to periodic inspections of stormwater controls.  For construction sites, conduct an inspection of stormwater controls at least once every 7 days and after significant precipitation events.

  • Modifications – the SWPPP and control measures must be updated/modified as site conditions change and following inspections that reveal current measures are inadequate in minimizing or eliminating the discharge of pollutants.

  • Maintenance – all control measures must be selected and installed in accordance with the manufacturer’s specifications and good engineering practices and maintained in effective operating condition.

Return to top of page

How do I get an application?

Copies of the general stormwater permits, applications, and guidance on preparing a SWMP are available on the DENR’s webpage, or by contacting DENR at 1-800-SDSTORM (737-8676).

Return to top of page

When do I have to apply?

The application must be submitted at least 15 days prior to beginning operations.

Return to top of page

Can I cover all my facilities under one permit certification, or do I need to apply for each one separately?

In general, you must apply separately for each facility.

Return to top of page

What exactly do I need to do?

 
  • Assess the municipality’s facilities and construction projects; determine which ones need permit coverage

  • Prepare Stormwater Pollution Prevention Plan for each facility/project

  • Apply for permit(s)

  • Receive authorization letter from DENR

  • Carry out permit and pollution prevention plan requirements (essentially, do what is necessary to keep runoff from your facility/construction project clean)

  • Conduct inspections of the facility/site at the frequency specified in the permit.

  • For construction activities, submit a Notice of Termination once the site has reached final stabilization.

Return to top of page

Is there a fee for the permit?

No. At this time, DENR does not charge a fee for coverage under the general stormwater permit(s).

Return to top of page

What if my municipality doesn’t comply? 

Stormwater discharges that are not covered under the appropriate general permit as required constitutes a violation of the South Dakota Water Pollution Control Act and the federal Clean Water Act. Discharges that are not in compliance with permit conditions are also in violation of the South Dakota Water Pollution Control Act and the federal Clean Water Act. These violations are grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal. Enforcement can include penalties of up to $10,000 per day per violation.

Return to top of page

Where can I get some assistance in preparing my SWMP and application?

DENR anticipates that the potential sources of stormwater pollution at most municipal facilities will be relatively straightforward.  The stormwater permit requirements are designed with a common-sense approach, so it is quite likely that you will not need any outside assistance in preparing the SWMP and completing the application.  Also, there are a number of reference materials available that might be useful. 

If you are in need of further assistance, you may wish to consult with a neighboring municipality, or hire a consultant.  Guidance documents on preparing the pollution prevention are available from DENR.  You contact DENR at 1-800-SDSTORM (737-8676), although due to limited resources and an expected heavy volume of calls, we can only offer limited assistance.

Return to top of page

Definitions

BMPs:  Best Management Practices – physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of stormwater.

Construction (requiring permit coverage):  construction activity, including clearing, grading and excavation, that results in the disturbance of one or more acres of total land area. Construction activity also includes the disturbance of less than one acre of total land area that is a part of a larger common plan of development or sale, if the larger common plan will ultimately disturb one acre or more.  Construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility.

MS4:  a municipal separate storm sewer system.

Municipality:  a city, town, county, district, sanitary district, or other public body created by or under state law with jurisdiction over the disposal of sewage, industrial wastes, or other wastes.

NPDES:  National Pollutant Discharge Elimination System – Section 402 of the federal Clean Water Act.

SWPPP:  Stormwater Pollution Prevention Plan – required under the general industrial and construction stormwater permits.  The purpose of a SWPPP is to identify possible pollutant sources to stormwater and to set out BMPs that, when implemented, will reduce or eliminate any possible water quality impacts.  A SWPPP shall be developed for each facility covered by the stormwater program.  The plan shall identify potential sources of pollution that may reasonably be expected to affect the quality of stormwater discharges associated with industrial or construction activity from the site.  In addition, the plan shall describe and ensure the implementation of practices which are to be used to reduce the pollutants in stormwater discharges at the site and to assure compliance with the terms and conditions of the permit.

Waters of the State:  all waters within the jurisdiction of this state, including all streams, lakes, ponds, impounding reservoirs, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, situated wholly or partly within or bordering upon the state, but not waste treatment systems, including treatment ponds or lagoons.

Return to top of page

APPENDIX A

INDUSTRIAL FACILITIES THAT ARE REQUIRED TO OBTAIN STORMWATER DISCHARGE PERMITS

The Standard Industrial Classification (SIC) Code or codes for the facility usually determines permit coverage.  SIC Codes are assigned according to the primary activities performed by a company.  They are often assigned for insurance purposes or when a business registers as a corporation.  Industries can also determine their SIC Code by checking with their trade association, Chamber of Commerce, legal counsel, or library for the SIC Manual. 

The industries are listed here by their SIC Code.  The manufacturing industries are generally represented by SIC Codes 20-39.  (A two digit code, such as 42, means that all industries under that heading, from 4200 to 4299, are covered. Some common SIC codes are listed in italics.)

SIC Code  Industry Type  
10 Metal mining and milling
1041 Gold Ores
12 Coal mining
13 Oil and gas extraction
14 Mining and quarrying of nonmetallic minerals except fuels
1422 Crushed & Broken Limestone
1442 Construction Sand & Gravel
20 Food and kindred products
2041 Flour and Other Grain Mill Products
2048 Prepared feed and feed ingredients for animals & fouls, except cats & dogs
21 Tobacco products
22  Textile mills
23 Apparel and other finished products made from fabric and similar material
24 Lumber and wood products except furniture
2421 Sawmills & Planing Mills
2491 Wood Preserving
25 Furniture and fixtures
26 Paper and allied products
27 Printing, publishing, and allied products
28 Chemicals and allied products
29 Petroleum refining and related industries
2951  Asphalt Paving Mixtures and Blocks
30  Rubber and miscellaneous plastics products
31 Leather Products (except)
311 Leather tanning and finishing
32 Stone, clay, glass and concrete products (except)
3273   Ready-mix concrete facilities
33 Primary metals industries
34  Fabrication of metal products, except machinery and transportation equipment
35 Industrial and commercial machinery and computer equipment
36 Electronic & other electrical equipment & components, except computer equipment
37   Transportation equipment
3715 Truck Trailers
38 Measuring, analyzing, & controlling instruments:  photographic, medical, & optical goods, watches & clocks
39 Miscellaneous manufacturing industries
40 Railroad transportation     (a)
41 Local and suburban transit and interurban highway passenger transportation    (a)
42 Motor freight transportation and warehousing (except)       (a)
4221 Farm Product warehousing and storage
4222 Refrigerated warehousing and storage
4225 General warehousing and storage
43 US Postal Facilities      (a)
44 Water Transportation       (a)
45 Transportation by Air       (a)
4911 Steam electric power generation (all fuel types)
4952 Wastewater treatment facilities with a design flow of 1.0 MGD or more
4953 Hazardous waste treatment, storage or disposal facilities; incinerators (including boilers and industrial furnaces) that burn hazardous waste; and active or inactive landfills, land application sites, or open dumps with industrial waste and without a stabilized final cover
5015 Motor vehicle parts, used
5093 Scrap and waste materials
5171 Petroleum bulk stations and terminals

Notes: (a) In this SIC Code, only facilities that are involved in vehicle maintenance (such as vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication), equipment cleaning operations, or airport deicing need a stormwater permit.

Return to top of page

4oiGIFNEIEJJVCBEZXRlY3Rpb24=