SWPPP Requirements in South Dakota

Who needs a SWPPP in South Dakota?

Any construction project that disturbs one acre or more — or is part of a larger common plan of development reaching one acre — needs a SWPPP under South Dakota permit SDR100000.

South Dakota runs its own delegated stormwater program. Operators obtain coverage from DANR under General Permit Authorizing Stormwater Discharges Associated with Construction Activities (SDR100000) (SDR100000), not directly from the EPA. A small subdivision, a solar pad, and a road-widening project all clear the same one-acre line.

South Dakota adds requirements worth flagging early: Submit the NOI (signed by the project owner) through EPA’s NPDES eReporting Tool (NeT) at least 15 calendar days before construction starts; SDDANR notifies coverage electronically (Sections 2.4, 2.7); Submit a Contractor Authorization Form for each entity responsible for earthwork or installing and maintaining stormwater controls as soon as the contractor is identified (Section 2.4.1); Post a notice visible from the nearest public road with the general permit number and a project contact name and phone number (Section 2.10); Dewatering discharges: monitor visually; if solids are visible add BMPs and sample total suspended solids daily, ceasing the discharge if any sample exceeds 53 mg/L; obtain a Temporary Water Use Permit; no chemicals without SDDANR approval (Section 3.21); Cover or temporarily stabilize stockpiles unused for 14 or more days (Section 3.18.4.b); Notify other operators within 24 hours of a SWPPP change that affects them (Section 5.5.5); Submit the NOT through NeT within 30 calendar days of final stabilization and removal of temporary controls, or of obtaining alternative coverage (Section 2.6).

What the plan must contain

A South Dakota SWPPPis the site's compliance binder — the document an inspector opens first. It documents:

1. 1Site & project descriptionTotal and disturbed acreage, soils, slopes, and the sequence of construction.
2. 2Receiving waters & discharge pointsWhere stormwater leaves the site and the waterbodies it reaches.
3. 3Erosion & sediment control BMPsSilt fence, stabilized entrances, inlet protection, and stabilization measures.
4. 4Inspection schedule & recordsDated, signed inspection logs and the corrective actions taken.
5. 5Operator certificationThe SWPPP is signed by the legally responsible party before work begins.

Required and conditional BMPs

Filing your Notice of Intent

Submit the Notice of Intent (Appendix A) electronically through EPA’s NPDES eReporting Tool (NeT) via CDX at least 15 calendar days before construction begins; the NOI must be signed by the project owner.

A Notice of Termination closes coverage once the site reaches final stabilization. Keeping the SWPPP and its inspection records on site is what keeps a project clear of stop-work orders.

Inspection requirements

The permit allows 2 inspection schedules; the operator follows one and records the choice in this plan: (a) 7-day schedule — inspect at least once every 7 calendar days (SDR100000 Section 4.2.1); or (b) 14-day schedule with storm inspections — inspect at least once every 14 calendar days and within 24 hours of a storm producing more than 0.25 inch of rain (also within 24 hours of snowmelt that generates runoff; keep a properly maintained rain gauge on the site) (SDR100000 Section 4.2.2). Every inspection is dated and signed, and any failed control is corrected before the next storm.

How South Dakota differs from the federal permit

Because South Dakota administers its own program, the federal EPA Construction General Permit does not apply directly here — the state permit governs. Sites inside a regulated municipal storm sewer system may carry additional local ordinance requirements on top of the state permit.

Frequently asked questions