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Waste Water Construction Permitting


R.61-67 – Standards for Wastewater Facility Construction

  1. What items of the application package must be stamped and signed by a professional engineer?

    • The construction application, Form DHEC 1970, must have the professional engineer’s signature and registration number. If a formal engineering report is not submitted, this application must also be stamped by the professional engineer. {R.61-67.100.E.2}

    • The Engineering Report must be stamped and signed by a professional engineer. {R.61-67.100.E.2}

    • All construction plans must be signed and sealed by a professional engineer. {R.61-67.100.E.4.a.(4)}

    • Material and construction specifications must be signed and sealed by a professional engineer. {R.61-67.100.E.4.a.(5)}

    • Record drawings, included in a construction application for an existing system, must be signed and sealed by a professional engineer. {R.61-67.100.E.7.c}

  2. Explain the requirement of the submittal of "a letter from the owner of the receiving treatment facility agreeing to accept and treat the wastewater" with the pump and haul request report.

    An applicant requesting approval to pump and haul its wastewater to a wastewater treatment system (wwtp), that has received an NPDES permit under R.61-9, must submit a letter from the wwtp acknowledging its decision to accept the wastewater, its ability to treat the wastewater, and the appropriate rate (volume of wastewater per day) of acceptance.

    However, if an applicant requests to pump and haul its wastewater to a pretreatment facility that discharges into a wwtp, letters must be received from the pretreatment facility, as well as the wwtp. These letters must specify the facility’s acceptance of the waste and the ability to treat the waste. The letter from the pretreatment facility must also specify the rate (volume of wastewater per day) of acceptance.

  3. Is it possible for a pretreatment facility to receive a construction permit prior to the receipt of approval from the Department for the ultimate disposal of wastewater treatment facility residuals?

    No. For example, if a facility has proposed to land apply, per R.61-9, the sludge generated during the pretreatment process, this facility must have applied for and received a permit for this land application prior to being permitted to construct the pretreatment system. Specifically, any and all permits/approvals required by the Department for the disposal of wastewater treatment facility residuals must have been received by the facility, prior to the issuance of a pretreatment construction permit by the Department. It should be noted that the review process for both the disposal and the construction permits can be concurrent, but that final issuance of a disposal permit must precede the issuance of a construction permit.

  4. Upon receipt of a complete construction permit application, how long will the permitting process take?

    The Department’s permitting time schedule is outlined in R.61-30.H(2)(a). Specifically, for pretreatment construction or for treatment upgrades without expansions, the Department has 90 calendar days to complete the issuance of the permit; and for new treatment construction or for treatment expansions, the Department has 120 calendar days to complete the issuance of the permit.

    It should be noted that these timeframes do not include the time that it takes the applicant to respond to the Department’s questions and comments concerning a proposal.

R.61-30 – Environmental Protection Fees

  1. Is a permitting fee required for the construction of storage tanks associated with a wastewater treatment system (e.g. tanks used to store wastewater prior to the pumping/hauling of it to an off-site treatment facility)?

    Yes. This storage is considered a simple system, per R.61-30.G(1)(c)(i)1., and a $200 fee must be submitted with the required application.

  2. Can the annual operating fee required before I can get my water pollution control permit (NPDES. ND, or Agricultural permit) be prorated?

No. Section C.2.(b) of Regulation 61-30 states "New facilities permitted at any time during the fiscal year shall pay the entire annual fee operating fee prior to issuance of an operating permit except for those fees assessed pursuant to the Clean Air Act."

  1. Can I pay an application fee with my credit card?

Yes. When submitting your application to the Department, you can provide your credit card information. Your application fee will be then be charged to your card.

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