2018 Session Laws

CHAPTER 212

(SB 25)

Permit fees under the
national pollutant discharge elimination system, revised.


        ENTITLED, An Act to revise certain fees for entities permitted under the national pollutant discharge elimination system.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 34A-2-117 be amended to read:

    34A-2-117. There is hereby imposed an annual fee upon all facilities on each facility permitted under the national pollutant discharge elimination system program provisions of section 402 of the Federal Water Pollution Control Act, 33 U.S. C. 1342, as amended to January 1, 2011, except for feedlot facilities, stormwater discharge systems and construction dewatering activities 2018. The fee shall be assessed as provided in section 3 of this Act and §§ 34A-2-118 to 34A-2-120, inclusive.

    Section 2. That § 34A-2-118 be amended to read:

    34A-2-118. For publicly-owned treatment works including municipalities, housing subdivisions, trailer parks, and sanitary districts owned by the state or a political subdivision of the state; privately-owned treatment works including housing subdivisions and trailer parks that treat primarily domestic household wastewater; and Ellsworth Air Force Base Development Authority, the fee imposed in § 34A-2-117 shall be based upon 1990 the last preceding federal census data for municipalities and Ellsworth Air Force Base, each municipality and the population served for nonmunicipalities by a nonmunicipality or the Ellsworth Development Authority, and the fee table below:

Population Range   Fee ($)  
25 to 50   37  
51 to 100   75  
101 to 200   150  
201 to 300   250  
301 to 400   350  
401 to 500   450  
501 to 600   550  
601 to 700   650  
701 to 800   750  
801 to 900   850  
901 to 1,000   950  
1,001 to 2,000   1,500  
2,001 to 3,000   2,500  
3,001 to 4,000   3,500  
4,001 to 5,000   4,500  
5,001 to 6,000   5,500  
6,001 to 7,000   6,500  
7,001 to 8,000   7,500  
8,001 to 9,000   8,500  
9,001 to 10,000   9,500  
10,001 to 11,000   10,500  
11,001 to 12,000   11,500  
12,001 to 13,000   12,500  
13,001 to 14,000   13,500  
14,001 to 15,000   14,500  
15,001 to 16,000   15,500  
16,001 to 17,000   16,500  
17,001 to 18,000   17,500  
18,001 to 19,000   18,500  
19,001 to 20,000   19,500  
20,001 to 30,000   25,000  
30,001 to 40,000   35,000  
40,001 to 50,000   45,000  
50,001 to 60,000   55,000  
60,001 to 70,000   65,000  
70,001 to 80,000   75,000  
80,001 to 90,000   85,000  
90,001 to 100,000   95,000  
100,001 or more   100,000 125,000  

    Section 3. That chapter 34A-2 be amended by adding a NEW SECTION to read:

    There is hereby imposed an annual stormwater fee on each construction and industrial site that is required to operate under a general water pollution control permit issued under chapter 34A-2. The annual fee imposed in § 34A-2-117 is as follows:

            (1)    The fee payable by the Department of Transportation is twenty-five thousand dollars per year. The fee accrues on August first of each year and is due on August thirty-first;

            (2)    The fee for a construction site that is required to operate under a general water pollution control permit for stormwater discharges associated with construction activities as defined under 40 CFR Part 126 as amended to January 1, 2018, and issued under chapter 34A-2, other than any site owned by the Department of Transportation, is based on the number of acres disturbed for the entire construction project and the fee table below:

Disturbed Area (Acres)   Fee ($)  
Less than 5   100  
5 to less than 40   250  
40 to less than 80   500  
80 or more   750  

                The fee is payable by the owner of the site. For any construction site permitted before July 1, 2018, the first annual stormwater fee payment is due on January 31, 2019. Any future annual fee accrues on January first of each year and is due on January thirty-first until the permit coverage is terminated. For any construction site permitted after June 30, 2018, the first annual stormwater fee payment is due when the owner submits the notice of intent to be covered under the general permit for stormwater discharges associated with construction activity. For any permit that continues beyond one year, the annual stormwater fee accrues on the anniversary of the notice of intent submission and is due thirty days later; and

            (3)    The secretary may promulgate rules, pursuant to chapter 1-26, to establish an annual tiered fee for each industrial site that is required to operate under a general water pollution control permit for stormwater discharges associated with industrial activities as defined under 40 CFR Part 126 as amended to January 1, 2018, and issued under chapter 34A-2. The tiered fee structure shall equitably assess an annual fee to cover the reasonable costs of developing and administering the stormwater permitting requirements for industrial activities that include:

            (a)    Preparing regulations and general stormwater permits for applicable industrial activities;

            (b)    Reviewing and acting on applications for an industrial stormwater permit or permit revision;

            (c)    Implementing the industrial stormwater permits and inspecting permitted facilities, to include enforcing the terms and conditions of the permits if needed; and

            (d)    Providing training, technical support, and customer services to permitted entities to include developing on-line functions.

    The annual fee is in addition to any other fee or tax levied by law. The fee imposed by this section shall be remitted to the state along with any form as may be prescribed by the state. The fees shall be deposited in the surface water discharge and pretreatment permit administrative subfund established in § 34A-2-121.

     Signed March 5, 2018
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