Plan before Notice of Intent
Prior to commencement of construction activities
You must develop and implement the SWPPP prior to commencement of construction activities.
South Dakota
SWPPP requirements in South Dakota
South Dakota issues its own construction general permit. We have read General Permit Authorizing Stormwater Discharges Associated with Construction Activities Under the South Dakota Surface Water Discharge System (SDR100000) and list below the requirements we could cite to it, with the scope limits stated plainly. Screen your own acreage further down.
Who may prepare the plan
No preparer credential foundNo preparer credential was found for South Dakota. On what we have verified, a generated plan can be adopted by the operator without a credentialed signature. Local ordinances can still be stricter than state law.
Effective November 1, 2023, expires October 31, 2028. Credential: the permit contains no preparer credential. Its qualification language is the standard signatory boilerplate about the information-gathering system, and Section 7.4 requires signature by a principal executive officer or ranking elected official, which is signatory authority rather than a credential.
No permit section cited. Confirm this with your permitting authority.
Coverage trigger
Worked through at 3 acres
The project disturbs 3 acres, at or above the 1 acre threshold, so it needs permit coverage.
The trigger people miss is the second one. A half acre lot inside a 40 acre subdivision is covered, because the larger common plan of development or sale is what counts, not the lot.
Read these before you act on the answer
- Requirements below are what we have read and cited directly from General Permit Authorizing Stormwater Discharges Associated with Construction Activities Under the South Dakota Surface Water Discharge System (SDR100000), not the federal CGP. A category we have not yet transcribed from this permit is omitted here rather than assumed to match EPA's rule.
- South Dakota's CGP does not contain an increased-inspection-for-sensitive-waters provision or an arid/semi-arid/drought-based reduced-inspection provision. Its only reduced-frequency provisions are monthly inspections on partially finally-stabilized areas and monthly inspections during winter/frozen-ground conditions (mandatory resumption of weekly inspections by March 1) -- captured as state.sd.* facts. The permit does not differentiate stabilization-completion deadlines by disturbed acreage; a single 14-day deadline applies regardless of site size. No numeric benchmarks were found except the 53 mg/L TSS action level for visible-solids dewatering discharges.
- No preparer credential was found for South Dakota. On what we have verified, a generated plan can be adopted by the operator without a credentialed signature. Local ordinances can still be stricter than state law.
- Basinwise does not perform the physical site inspections the permit requires. Those must be carried out on site by a qualified person.
What the permit requires of a South Dakota site
Worked for a three acre site with the receiving water unconfirmed. Each line says why it attached to this site rather than in general. Check the notes above for the site sizes this permit does not cover.
Filing
Notice of Intent deadline
Submit before commencing construction activities; the exact lead time is not recorded for this id.
Why this applies here: This is the deadline for a new site. A transfer to a new operator or an emergency related project has a different deadline.
To request coverage under this general permit, you must submit a complete and accurate NOI (Appendix A) to SDDANR at least 15 calendar days prior to the commencement of construction activities at the site.
Notice of Termination deadline
Submit the Notice of Termination once a termination condition is met; the exact deadline is not recorded for this id.
You must submit the NOT within 30 calendar days of meeting condition 1 or 2 below:
Inspections
Inspection frequency, option 1
7At least once every 7 calendar days.
Why this applies here: You have not confirmed whether the site discharges to an impaired or high quality water. If it does, the increased frequency applies instead and this answer changes.
Once every 7 calendar days; or
Inspection frequency, option 2
14Once every 14 calendar days.
Why this applies here: You have not confirmed whether the site discharges to an impaired or high quality water. If it does, the increased frequency applies instead and this answer changes.
Once every 14 calendar days and within 24 hours of precipitation that exceeds 0.25 inches or snowmelt that generates runoff. You must keep a properly maintained rain gauge on your site.
Who may inspect
Knowledgeable in erosion/sediment control principles and practice; able to assess site conditions affecting stormwater quality and the effectiveness of installed control measures
Why this applies here: This is why Basinwise cannot perform your inspections. The permit requires a trained person physically on the site.
You are responsible for ensuring the person who conducts the inspection is knowledgeable in the principles and practice of erosion and sediment controls and pollution, possesses the skills to assess conditions at the site that could impact stormwater quality.
Stabilisation
Initiate stabilisation
Immediately, meaning no later than the end of the next business day after activities cease.
Why this applies here: This applies at both land disturbance amounts.
You must begin soil stabilization measures by the following workday whenever earth-disturbing activities have permanently or temporarily ceased on any portion of the site.
Corrective action
Corrective action, minor fix
Confirm the exact minor-fix deadline against the cited permit section.
If you discover a problem that does not require repair or replacement, you must initiate work to fix the problem on the same day.
Corrective action, major fix
Confirm the exact major-fix deadline against the cited permit section.
If you need to install new erosion or sediment controls or need to complete repairs, you must complete the work before the next anticipated runoff event or by no later than seven (7) calendar days from the time the problem is discovered, whichever comes first.
Buffers
Natural buffer
Provide and maintain a natural buffer or equivalent erosion and sediment controls near surface waters; the exact distance is not recorded for this id.
You must comply with the following requirements if disturbed portions of the construction site are within fifty (50) feet of 1) a lake assigned immersion recreation or limited contact recreational beneficial uses.
Records you must keep
Inspection report deadline
24Complete the inspection report within 24 hours of completing the site inspection.
You must complete an inspection report in conjunction with each site inspection.
Corrective action log entries
Document the condition and its completion; the exact documentation deadline is not recorded for this id.
Specific locations where maintenance, additional BMPs, cleanup, or corrective action is needed;
Record retention
Retain inspection reports and the corrective action log; the exact retention period is not recorded for this id.
Why this applies here: The clock runs from permit expiry or termination, not from when the record was written, so on a multi year project every record stays live for the whole project plus three years.
You must retain copies of the SWPPP, your inspection records, all reports required by this general permit, and records of the data you used to complete the NOI and NOT for a period of at least three (3) years from the date you terminate your coverage under the general permit.
Screen a South Dakota site now
Your acreage, your receiving water, your answer. Runs in your browser, nothing is transmitted.
What a plan has to cover, under the federal permit
This is EPA's list, from the 2022 Construction General Permit. It does NOT govern in South Dakota, where the state issues its own permit and sets its own contents. It is here as a shape to expect, not as the requirement you will be held to.
General SWPPP requirementPart 7.1Verified
- All operators associated with a construction site under this permit must develop a SWPPP consistent with Part 7 prior to their submittal of the NOI. The SWPPP must be kept up-to-date throughout coverage under this permit. If a SWPPP was prepared under a previous version of this permit, the operator must review and update it before submitting an NOI.
All Site OperatorsPart 7.2.1Verified
- Include a list of all other operators who will be engaged in construction activities at the site, and the areas of the site over which each operator has control.
Stormwater TeamPart 7.2.2Verified
- Identify the personnel (by name and position) on the stormwater team pursuant to Part 6.1, their individual responsibilities, and which members are responsible for conducting inspections. Include verification that each member has received the Part 6.2 training, and documentation that inspection personnel have received the Part 6.3 training (EPA inspector training certificates, or documentation of a current non-EPA program certification plus confirmation the program satisfies the Part 6.3b minimum elements).
Nature of Construction ActivitiesParts 7.2.3a - 7.2.3iVerified
- A description of the nature of your construction activities, including the age or dates of past renovations for structures undergoing demolition
- The size of the property (in acres, or length in miles if a linear construction site)
- The total area expected to be disturbed by the construction activities (to the nearest quarter acre, or nearest quarter mile if a linear construction site)
- A description of any on-site and off-site construction support activity areas covered by this permit
- The maximum area expected to be disturbed at any one time, including on-site and off-site construction support activity areas
- A description and projected schedule for: commencement of construction activities in each portion of the site (clearing and grubbing, mass grading, demolition, site preparation, final grading, and creation of soil and vegetation stockpiles requiring stabilization); temporary or permanent cessation of construction activities in each portion; temporary or final stabilization of exposed areas for each portion; and removal of temporary stormwater controls and construction equipment or vehicles and cessation of construction-related pollutant-generating activities
- A list and description of all pollutant-generating activities on the site, with an inventory of pollutants or pollutant constituents associated with each, taking into account where potential spills and leaks could occur and any known hazardous or toxic substances such as PCBs and asbestos that will be disturbed or removed
- Business days and hours for the project
- If conducting construction activities in response to a public emergency, a description of the cause of the emergency, information substantiating its occurrence (e.g. a State disaster declaration), and a description of the construction necessary to reestablish affected public services
Site MapParts 7.2.4a - 7.2.4kVerified
- Boundaries of the property
- Locations where construction activities will occur, including: locations of earth-disturbing activities (noting any phasing) including demolition; approximate slopes before and after major grading (noting any steep slopes); locations where sediment, soil or other construction materials will be stockpiled; any receiving water crossings; designated points where vehicles will exit onto paved roads; locations of structures and other impervious surfaces upon completion; and locations of on-site and off-site construction support activity areas
- Locations of any receiving waters within the site and all receiving waters within one mile downstream of the site's discharge point(s), identifying whether any are listed as impaired or identified as a Tier 2, Tier 2.5 or Tier 3 water
- Any areas of Federally listed critical habitat within the action area of the site
- Type and extent of pre-construction cover on the site (e.g. vegetative cover, forest, pasture, pavement, structures)
- Drainage patterns of stormwater and authorized non-stormwater before and after major grading activities
- Stormwater and authorized non-stormwater discharge locations, including discharges to storm drain inlets (noting whether the inlet conveys stormwater to a sediment basin, sediment trap or similarly effective control), discharges directly to receiving waters, and locations where turbidity benchmark monitoring will take place
- Locations of all potential pollutant-generating activities identified in Part 7.2.3g
- Designated areas where construction wastes covered by the Part 2.3.3e.ii exception will be stored
- Locations of stormwater controls, including natural buffer areas and any shared controls utilized to comply with this permit
- Locations where polymers, flocculants or other treatment chemicals will be used and stored
Non-Stormwater DischargesPart 7.2.5Verified
- Identify all authorized non-stormwater discharges in Part 1.2.2 that will or may occur.
Procedures for Inspection, Maintenance, and Corrective ActionParts 7.2.7a - 7.2.7eVerified
- The inspection schedule you will follow, based on whether your site is subject to Part 4.2 or Part 4.3, or whether it qualifies for any of the reduced inspection frequencies in Part 4.4
- If conducting inspections under Part 4.2.2, Part 4.3 or Part 4.4.1b, the location of the rain gauge or the address of the weather station you will use to obtain rainfall data
- If reducing your inspection frequency in accordance with Part 4.4.1b, the beginning and ending dates of the seasonally defined arid period for your area or the valid period of drought
- If reducing your inspection frequency in accordance with Part 4.4.3, the beginning and ending dates of frozen conditions on your site
- Any maintenance or inspection checklists or other forms that will be used
Procedures for Turbidity Benchmark Monitoring from Dewatering Discharges (if applicable)Part 7.2.8Verified
- If required to comply with the Part 3.3 turbidity benchmark monitoring requirements, describe the procedures you will follow to collect and evaluate samples, report results to EPA, keep records of monitoring information, and take corrective action when necessary. Include the specific type of turbidity meter you will use and any manuals or manufacturer instructions on how to operate and calibrate it. Describe any coordinating arrangement with other permitted operators on the same site, including which parties are tasked with specific responsibilities. If EPA has approved an alternate turbidity benchmark, include the data and documentation relied on to request it.
Compliance with Other RequirementsParts 7.2.9a - 7.2.9cVerified
- Threatened and Endangered Species Protection: include the documentation required in the Endangered Species Protection section of the NOI in NeT, or the ESA worksheet in Appendix D, supporting your eligibility
- Historic Properties: include the documentation required in Appendix E supporting your eligibility with regard to the protection of historic properties
- Safe Drinking Water Act Underground Injection Control (UIC) requirements: if using infiltration trenches, commercially manufactured pre-cast or pre-built proprietary subsurface detention vaults/chambers/devices designed to capture and infiltrate stormwater, or drywells, seepage pits or improved sinkholes, document any contact with the applicable State agency or EPA Regional Office responsible for underground injection wells. Such controls would generally be considered Class V UIC wells
SWPPP CertificationPart 7.2.10Verified
- Your signatory must sign and date your SWPPP in accordance with Appendix G, Part G.11.
Post-Authorization Additions to the SWPPPParts 7.2.11a - 7.2.11cVerified
- A copy of your NOI submitted to EPA along with any correspondence exchanged between you and EPA related to coverage under this permit
- A copy of the acknowledgment letter you receive from NeT assigning your NPDES ID (i.e. permit tracking number)
- A copy of this permit (an electronic copy easily available to the stormwater team is also acceptable)
Read the permit itself at the source document.
What people ask about SWPPP requirements in South Dakota
What are the SWPPP requirements in South Dakota?
South Dakota issues its own construction general permit, and we have read General Permit Authorizing Stormwater Discharges Associated with Construction Activities Under the South Dakota Surface Water Discharge System (SDR100000). The requirements listed on this page, such as inspection frequency, who may inspect, stabilisation, corrective action and record retention, are cited to that permit rather than to EPA's. Anything we have not transcribed is left out instead of assumed to match the federal rule, and the scope note on this page says which sites the permit does not cover. Confirm the current permit and any site-size variant with South Dakota Department of Agriculture and Natural Resources (DANR).
Who may prepare a SWPPP in South Dakota?
No preparer credential was found for South Dakota. On what we have verified, a generated plan can be adopted by the operator without a credentialed signature. Local ordinances can still be stricter than state law.
How often must a South Dakota site be inspected?
The inspection frequency is set by the South Dakota construction general permit, which we have not read. Confirm it with South Dakota Department of Agriculture and Natural Resources (DANR).
The permit makes you keep the record, not just know the answer
Screening is free. Pro generates the site specific plan document and retains the inspection and corrective action log.