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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
Contact Us  Field Offices

Surface Water

Stormwater Permit for Industrial Activities

Industrial Permit Holders: South Dakota's General Permit for Stormwater Discharges Associated with Industrial Activities expired September 30, 2017, and has been administratively extended. If we received your reauthorization form, your permit coverage continues in full force and effect until the new general permit is issued. DENR will notify permitted facilities once a draft general permit has been prepared for public notice.

Proposed Annual 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. Information regarding the proposed fees for the General Permit for Stormwater Discharges Associated with Industrial Activities can be viewed on the Proposed Industrial Stormwater Fees webpage.

If you operate a business or industry, you may need a permit for stormwater discharges from your site. The need for an industrial permit is based on the types of activities that you do at your site.

How Do I Get Coverage Under the General Stormwater Permit for Industrial Activities? In South Dakota, DENR has a General Permit for Stormwater Discharges Associated with Industrial Activity. A general permit is a permit for a specific activity issued throughout the state. The permit covers anyone meeting the conditions of the general permit. There is no fee for this permit. The permit has simple and uniform terms to prevent any stormwater from becoming polluted prior to leaving your industrial site.

If you need a stormwater permit, fill out a short application form, called a Notice of Intent which includes a Certification of Applicant form.

You must submit the form to DENR at the following address at least 15 days before a discharge occurs:

Department of Environment and Natural Resources
Surface Water Quality Program
Attn: Stormwater Program Assistant
523 East Capitol
Pierre, SD 57501

If you are already operating at your site, you should submit a Notice of Intent immediately. If you are located within city limits, we recommend you contact the city to determine if the city has additional requirements.

Pollution Prevention Plans. As part of the stormwater permit, you must develop a pollution prevention plan. You must have your plan in place once construction begins. The pollution prevention plan must include:

You are responsible for implementing the pollution prevention plan. You must update the plan when changes occur, and list any person(s) who will carry out a part of the plan. You must keep a copy of your plan on-site. You are not required to send a copy of the plan to DENR, unless DENR specifically requests it.

The following is a draft SWPPP. You may edit it and use it as you see fit.

Waiver for the Stormwater Industrial Permit. DENR is now allowing an exclusion from the stormwater permitting requirements for facilities whose industrial materials or activities are not exposed to precipitation or runoff. If there is no exposure to stormwater at an industrial facility, then a stormwater permit is not required.

Industrial facilities wishing to be conditionally excluded from permitting requirements must submit a certification form to the department. By submitting this form, the facility is certifying there is a condition of no exposure to stormwater at the site.

DENR has additional information available to help you:

You may obtain more information about requirements for stormwater discharges associated with construction activities or requirements for stormwater discharges associated with other industrial activities by calling 1-800-737-8676.