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Proposed Industrial Stormwater Fees

During the 2018 Session, the South Dakota Legislature approved Senate Bill 25, which authorized the DENR to collect fees for stormwater permits. In accordance with that bill, which has been codified in South Dakota Codified Law 34A-2-119.1, DENR was given the authority to develop rules for an annual tiered fee for each industrial site permitted under the general permit. This statute requires DENR to equitably assess an annual fee to cover the reasonable costs of developing and administering the stormwater permitting requirements for industrial activities that include:

1. Preparing regulations and general stormwater permits for applicable industrial activities;
2. Reviewing and acting on applications for an industrial stormwater permit or permit revision;
3. Implementing the industrial stormwater permits and inspecting permitted facilities, to include enforcing the terms and conditions of the permits if needed; and
4. Providing training, technical support, and customer services to permitted entities to include developing on-line functions.

DENR has developed its proposal for these annual fees for the General Permit for Stormwater Discharges Associated with Industrial Activities.

DENR hosted an online informational meeting regarding the proposed annual fees on September 30. During this meeting we discussed the proposed fees, answered any questions, and accepted informal comments.

Video of the Zoom Meeting

Meeting Slides

DENR is considering the following annual fees for industrial stormwater permits:

Industrial Sectors Fees

The US Environmental Protection Agency (EPA) has developed different sectors of industrial activities, based on a facility’s primary Standard Industrial Classification (SIC) Code. DENR has developed five different tiers based on the type of activities conducted at the industrial facilities and based on the potential for environmental impact. Descriptions of the Industrial Sector codes are summarized in the Industrial Sector Code Descriptions PDF. More information regarding the these descriptions can be found on the EPA website. (Please note that Sector J is excluded from this table and is accounted for in the next table).

Nonmetallic Mineral Mining and Processing Facilities Fees

This second table shows the proposed fees for nonmetallic mineral mining and processing facilities. These annual fees would be breakdown of fee amounts tiered based on the unreclaimed land area of the mineral mining and processing facilities. (These operations are classified as Sector J by EPA.)