25114SL0

25114SL0 NOTICE OF PROPOSED REISSUANCE OF GENERAL WATER POLLUTION CONTROL PERMITS FOR CONCENTRATED ANIMAL FEEDING OPERATIONS The Department of Agriculture and Natural Resources' (DANR's) Division of Agriculture and Environmental Services is recommending the Secretary reissue general surface water pollution control permits. The reissuance of these permits will protect surface water quality by regulating the design, construction, and operation of manure management systems at concentrated animal feeding operations (CAFOs) and by regulating operations that process or store manure or process wastewater. Coverage under the current general permit can be issued to producers using either state authority or National Pollutant Discharge Elimination System (NPDES) authority delegated to the State of South Dakota by the U.S. Environmental Protection Agency. These permits may apply to operations or activities covered by the permits within the State of South Dakota where the state has jurisdiction. The division is recommending the Secretary reissue two separate general permits: • A 5-year general permit for CAFOs or operations that process or store manure or process wastewater, required to be permitted by South Dakota Codified Law (SDCL) 34A-2-36.3, issued using the department's federal NPDES authority, and • A 10-year general permit for CAFOs issued using only the department's authority under SDCL, Chapter 34A-2 and the Administrative Rules of South Dakota (ARSD), Article 74:52. The proposed permits stipulate who is required to obtain coverage under the general permits; application requirements; the process for issuing permit coverage; manure, litter, and process wastewater containment design, construction, operation, and maintenance requirements; surface water and shallow aquifer protection measures; nutrient management planning requirements; compliance responsibilities; and other general permit requirements. The proposed permits do not revoke or revise any local laws or ordinances. In accordance with ARSD 74:52:05:15, any person desiring to comment on the draft permits must submit written comments on each proposed permit by close of business on the thirtieth day of this public notice. Comments on each proposed permit can be sent to the address included in this notice or may be submitted using the online comment form, accessible via the "Comment Deadline" links provided at http://danr.sd.gov/public. The division will consider and address all comments submitted, and the Secretary will issue a final decision for the permits pursuant to ARSD 74:52:05:18. DANR will notify each person who requested notice or submitted written comments of the final decision for the permits, including notification of any changes to the permits based on the comments. Any person desiring to contest the issuance of these permits and request a contested case hearing must file a petition that complies with ARSD 74:50:02:02 for each permit. This petition must be filed either by close of business on the thirtieth day of this public notice or, if that person submits comments on DANR's draft permits pursuant to the paragraph above, within thirty days of receiving notice of the Secretary's final permit decision. Upon receipt of a petition, the division will schedule this matter for a contested case hearing before the Secretary. Depending on the issues raised, the contested case hearings for these permits may be combined into one hearing. An individual may represent themselves at a contested case hearing. Legal entities are required to be represented by legal counsel. If no comments or petitions are received within the comment period, the Secretary will issue final determinations within sixty days of the date of this notice. The proposed general permits, statements of basis, and other information can be found at http://danr.sd.gov/public or obtained from Kim Paxton at the address below or by calling (605) 773-4647. Department of Agriculture and Natural Resources Division of Agriculture and Environmental Services Livestock Services Program 523 East Capitol, Joe Foss Building Pierre, South Dakota 57501 Published November 18 2025, at the total approximate cost of 57.2 and may be viewed free of charge at www.sdpublicnotices.com LABD0405474