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State Regulations: South Dakota

The South Dakota Department of Environment and Natural Resources (SD DENR) is entrusted with the protection of public health, the conservation of natural resources, the protection of the environment, and the promotion of economic development. The Oil and Gas Section is under the Minerals & Mining Program of the SD DENR Division of Environmental Services. The purpose of the Oil & Gas Section is to provide environmental regulation and to promote the development of oil and gas resources in a manner that will prevent waste, encourage the greatest economic recovery of oil and gas, and protect correlative rights, ground water resources, the environment, and human health. The Board of Minerals and Environment is the regulatory body for oil and gas regulations.

Contact

South Dakota Department of Environment and Natural Resources
Division of Environmental Services
Minerals & Mining Program
Oil & Gas Section
2050 West Main, Suite #1
Rapid City, SD 57701
(605) 394-2229 (phone)
(605) 394-5317 (fax)

Board of Minerals and Environment
c/o South Dakota Department of Environment and Natural Resources
Joe Foss Building
523 East Capitol
Pierre, SD 57501
(605) 773-3151 (phone)
(605) 773-6035 (fax)

Produced Water Management Practices and Applicable Regulations

Environmental protection regulations are found in Title 74 (Environment and Natural Resources) of the Administrative Rules of South Dakota. Article 74:10 (Oil and Gas Conservation) contains the oil and gas regulations.

  • 74:10:05:13 (Disposal of Produced Water)
    • All water produced with oil and gas shall be disposed of by:
      • Injection in a permitted disposal or enhanced recovery well under chapter 74:10:09 (Note that in the case of produced water injection, project application standards require the operator to submit water quality analysis and information on total dissolved solids content, chlorides, sodium, sulfates, nitrates, and hydrocarbons.);
      • Evaporation in an approved pit; or
      • Discharge into a surface water source through an outfall permitted under chapter 74:52.
    • Produced water must be disposed of without pollution of freshwater resources.
    • Dumping of produced water on roads is prohibited,
      • Unless permitted by the secretary for dust suppression.
    • Produced water blown from a gas well must be contained in lined pits or surface tanks and may not be allowed to freely blow into the atmosphere or surrounding environment,
      • Unless the secretary determines that the discharge will cause no environmental degradation and approves the discharge.
  • 74:10:05:15 (Approval Required for Construction of Produced Water Handling Facilities)
    • Operators must obtain written approval from the secretary before constructing or converting an earthen pit for produced water disposal by evaporation.
      • All pits shall be kept reasonably free of surface accumulations of oil and other liquid hydrocarbon substances.
      • The construction and reclamation requirements of the pit shall be in accordance with 74:10:03:13.
    • Surface tanks may be used as a storage facility for produced water.
      • The tanks must be constructed of materials resistant to the corrosive effects of the contained liquids.
      • The tanks must be protected by a dike that is capable of containing one and one-half times the volume of the largest tank.
  • South Dakota has salt deposits in the northwest corner of the state, but in light of the inadequate thickness and purity of the salt, they have not been developed for storage or other purposes.