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From South Dakota: DANR Proposes Reissuance of Water Pollution Control Permits for CAFOs

PIERRE, S.D. – The South Dakota Department of Agriculture and Natural Resources (DANR) is proposing to reissue general surface water pollution control permits for concentrated animal feeding operations (CAFOs). CAFOs are required by state law to have these permits and the permits are designed to protect surface water quality by regulating how manure and process wastewater are managed.

The proposed permits consist of the following:

  • State General Permit – A 10-year permit issued under state authority. It prohibits discharges of manure or process wastewater to state waters, except for agricultural stormwater; and
  • NPDES General Permit – A 5-year permit issued under federal National Pollutant Discharge Elimination System (NPDES) authority. It applies to CAFOs and facilities like manure digesters that process or store manure or wastewater. Discharges from CAFOs are only allowed in rare cases, such as during a 25-year, 24-hour storm event, and only if the facility is in full compliance with its permit.

Key updates in the proposed permits include:

  • Extending the state permit length to 10 years;
  • Including manure processing and storage operations in the NPDES permit;
  • Adding and updating definitions;
  • Aligning state permit application procedures with those in the NPDES permit;
  • Establishing permit termination criteria for operations no longer requiring a permit;
  • Limiting the volume of off-site waste transferred to CAFOs;
  • Updating discharge monitoring and reporting requirements;
  • Updating engineering standards for design, construction, and operation;
  • Incorporating SDSU’s June 2023 Fertilizer Recommendations Guide;
  • Moving electronic links to a centralized website; and
  • Requiring electronic reporting when available.

For more information and to participate in the public review process, visit: http://danr.sd.gov/public.