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SOUTH DAKOTA Department of
Agriculture & Natural Resources

Protecting South Dakota's Tomorrow...Today!
Joe Foss Building
523 E Capitol Ave
Pierre, SD 57501-3182
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Oil & Gas

Underground Injection Control - Class II: Oil and Gas Permits

New - UIC CLASS II Permit Application Form
Adobe Acrobat (.pdf) Format, 39KB

Permit to Inject Class II Fluids


A permit to inject is required for any underground injection for the purpose of enhanced oil recovery or the disposal of exploration and production wastes. This activity is regulated under SDCL 45-9 and the Administrative Rule of South Dakota article 74:12.


Aquifer Exemptions


An aquifer exemption is a designated portion of an underground freshwater resource that has been exempted from the requirements of the federal Safe Drinking Water Act. By rule (ARSD 74:12:07:24), for a portion of an underground freshwater resource to be exempted it must not currently serve as a source of drinking water, it must have a total dissolved solids content between 3,000 and 10,000 mg/L, and it cannot now and will not in the future serve as a source of drinking water for any of the following reasons

  • It produces hydrocarbons;
  • It is situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical; or
  • It is so contaminated it would be economically or technologically impractical to render the water fit for human consumption

Although DENR has primary enforcement authority over Class II injection wells in South Dakota, all aquifer exemptions must receive approval from EPA because the exemption applies to the requirements of the federal Safe Drinking Water Act.

For Underground Injection Control Class II specific information, please contact Mike Lees at 605-773-4201 or by email at Michael.Lees AT