Chapter 6 Stormwater Pollution Control

Program area. This chapter is applicable and uniformly enforceable within the Tennessee municipalities of Collegedale, East Ridge, Lakesite, Lookout Mountain, Red Bank, Ridgeside, Soddy-Daisy, designated unincorporated areas within Hamilton County, and other eligible communities which may join the Hamilton County Storm Water Control Program (hereinafter called the program) and enact the ordinance comprising this chapter from time to time. All such participating communities are hereinafter collectively identified as "the parties."

Authorization. The program is authorized under an interlocal agreement dated April 16, 2004, adopted by all of the parties pursuant to Tennessee Code Annotated, §§ 5-1-113 and 12-9-101. Said interlocal agreement specifies that the program shall be enforced by Hamilton County under applicable county rules pursuant to Tennessee Code Annotated, §§ 5-1-121 and 5-5-123. Applicable terms and provisions of said interlocal agreement and the Standard Operating Procedures for the Hamilton County Storm Water interlocal agreement, are hereby incorporated into and made a part of this chapter by reference and shall be as binding as if reprinted in full herein.

Purpose. It is the purpose of this chapter to:

Protect, maintain, and enhance the environment of the program service area and the health, safety, and general welfare of its citizens by controlling discharges of pollutants to the program's storm water system.

Maintain and improve the quality of the receiving waters into which the storm water outfalls flow, including, without limitation, lakes, rivers, streams, ponds, wetlands, and ground water.

Enable the parties to comply with the National Pollution Discharge Elimination System (NPDES) permit and applicable regulations (40 CFR § 122.26) for storm water discharges. Compliance shall include the following six (6) minimum storm water pollution controls as defined by US EPA:

Public education and outreach.

Public participation.

Illicit discharge detection and elimination.

Construction site runoff control for new development and redevelopment.

Post-construction runoff control for new development and redevelopment.

Pollution prevention/good housekeeping for municipal operations.

Allow the parties to exercise the powers granted in Tennessee Code Annotated, § 68-221-1105, to:

Exercise general regulation over the planning, location, construction, operation, and maintenance of storm water facilities in the municipalities, whether or not the facilities are owned and operated by the municipalities.

Adopt any rules and regulations deemed necessary to accomplish the purposes of this statute, including the adoption of a system of fees for services and permits.

Establish standards to regulate storm water contaminants as may be necessary to protect water quality.

Review and approve plans and plats for storm water management in proposed subdivisions or commercial developments.

Issue permits for storm water discharges or for the construction, alteration, extension, or repair of storm water facilities.

Suspend or revoke permits when it is determined that the permittee has violated any applicable ordinance, resolution, or condition of the permit.

(vii)

Regulate and prohibit discharges into storm water facilities of sanitary, industrial, or commercial sewage or waters that have otherwise been contaminated. This regulation and prohibition shall be enforceable on facilities and operations which are in existence at the time of the initial adoption of the ordinance comprising this chapter or which may come into existence after the adoption of the ordinance comprising this chapter.

Goals of the program. The primary goals of the program are to:

Raise public awareness of storm water issues.

Generate public support for the program.

Teach good storm water practices to the public.

Involve the public to provide an extension of the program's enforcement staff.

Support public storm water pollution control initiatives.

Increase public use of good storm water practices.

Detect and eliminate illicit discharges into the program service area.

(h)

Reduce pollutants from construction sites.

Treat the "first flush" pollutant load to remove not less than seventy five percent (75%) total suspended solids (TSS).

(j)

Remove oil and grit from industrial/commercial site runoff.

(k)

Protect downstream channels from erosion.

(l)

Encourage the design of developments that reduce runoff.

(m)

Reduce or eliminate pollutants from municipal operations.

(n)

Provide a model for good storm water practices to the public through municipal operations impacting storm water (i.e., municipalities should "lead by example").

Administering entity. The program staff shall administer the provisions of this chapter under the direction of the management committee, composed of representatives of the parties. The operating mechanism for the program is defined by an interlocal agreement among the parties and the standard operating procedures adopted by same. The management committee is authorized to enforce this chapter and to use its judgment in interpreting the various provisions of this chapter, the interlocal agreement, and the standard operating procedures to ensure that the program's goals are accomplished. If any management committee member is concerned about the appropriateness of any action of the committee, he should report his concerns to the county attorney, who shall review the situation and issue an opinion within ninety (90) calendar days. Should the county attorney find that the committee has, in his judgment, acted inappropriately, but a majority of the committee, after due deliberation, disagree with said finding, the committee shall bring the matter before the county commission for consideration. The determination of the county commission with regard to the issue shall be final.

§ 18-602 Definitions.

[Ord. 622, Oct. 2005]

Program-specific terminology. As used herein certain words and abbreviations have specific meanings related to the program. The definition of some, but not necessarily all, such program-specific terms are, for the purposes of this chapter, to be interpreted as described hereinbelow:

BEST MANAGEMENT PRACTICES (BMPs)

Means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of storm water runoff. BMPs also include treatment requirements, operating procedures, and practices to control runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

BMP MANUAL

Is a book of reference which includes additional policies, criteria, and information for the proper implementation of the requirements of the program.

FIRST FLUSH

Is defined as the initial storm water runoff from a contributing drainage area which carries the majority of the contributed pollutants.

HOT SPOT

Means an area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in storm water. Examples might include operations producing concrete or asphalt, auto repair shops, auto supply shops, large commercial parking areas, and restaurants.

LAND DISTURBANCE ACTIVITY

Means any land change which may result in increased soil erosion from water and wind and the movement of sediments into community waters or onto lands and roadways within the community, including but not limited to clearing, dredging, grading, excavating, transporting, and filling of land, except that the term shall not include agricultural activities, exempted under the Clean Water Act, and certain other activities as identified in the program's BMP manual.

MAINTENANCE AGREEMENT

Means a legally recorded document which acts as a property deed restriction and which provides for long-term maintenance of storm water management practices.

MANAGEMENT COMMITTEE

Is a group of people composed of one (1) representative of the county and one (1) representative of each of the cities participating in the program.

(h)

MUNICIPALITY

As used herein refers to Hamilton County, Tennessee, a county and political subdivision of the State of Tennessee; the Cities of Collegedale, East Ridge, Lakesite, Red Bank, Ridgeside, and Soddy-Daisy, Tennessee, and the Town of Lookout Mountain, Tennessee, all of which are chartered municipalities of the State of Tennessee; and/or any other participating governmental entity which may join the program in the future.

RUNOFF QUALITY OBJECTIVES

ORGANIZATION

Means a corporation, government, government subdivision or agency, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, or any other legal or commercial entity.

(j)

PERSON

Means an individual or organization.

(k)

PROGRAM

Refers to a comprehensive program to manage the quality of storm water discharged in or from the program area's municipal separate storm sewer system (MS4).

(l)

PROGRAM COST

Refers to any monetary cost incurred by the program in order to fulfill the responsibilities and duties assigned to the program under this chapter. Program costs specifically include costs incurred by any participating municipality for actions performed on behalf of or at the request of the program.

(m)

PROGRAM SERVICE AREA

Shall consist of the entire physical area within the corporate limits of each participating city together with the urbanized unincorporated area of the county.

(n)

PROGRAM MANAGER

See "Storm water manager."

(o)

PROGRAM STAFF

Is a group of people hired to assist the program manager in carrying out the duties of the program.

(p)

RESPONSIBLE PARTY

Means owners and/or occupants of property within the program area who are subject to penalty in case of default.

(q)

RUNOFF

See "Storm water runoff."

(r)

Refer to the "performance criteria for runoff management" adopted by the management committee in conformance with applicable provisions of § 18-605(5) hereinafter in accordance with the "goals of the program" as outlined under § 18-601(4) hereinbefore.

(s)

REDEVELOPMENT

Means any construction, alteration, or improvement exceeding one (1) acre in areas where existing land use is high density commercial, industrial, institutional, or multi-family residential.

(t)

STORM WATER

Means storm water runoff, snow melt runoff, and surface runoff and discharge resulting from precipitation.

(u)

STORM WATER MANAGER

Is the person selected by the management committee, assigned to the Office of the Hamilton County Engineer, and designated to supervise the operation of the program.

STORM WATER RUNOFF

Means flow on the surface of the ground, resulting from precipitation.

§ 18-603 Best management practices (BMP) manual; Storm water design or BMP manual. [1]

[Ord. 622, Oct. 2005]

The program will adopt a storm water design and best management practices (BMP) manual (hereafter referred to as the BMP manual), which is incorporated by reference in this chapter as if fully set out herein.

§ 18-604 Land disturbance permits required.

This manual will include a list of acceptable BMPs including the specific design performance criteria and operation and maintenance requirements for each storm water practice. The manual may be updated and expanded from time to time at the discretion of the management committee upon the recommendation of the program staff, based on improvements in engineering, science, and monitoring and local maintenance experience. Storm water facilities that are designed, constructed, and maintained in accordance with these BMP criteria will be presumed to meet the minimum water quality performance standards.

[1]

Editor's Note: The stormwater design or BMP manual is of record in the office of the city recorder.

[Ord. 622, Oct. 2005]

Mandatory. A land disturbance permit from the program will be required in the following cases:

Land disturbing activity that disturbs one (1) or more acres of land;

Land disturbing activity that disturbs less than one (1) acre of land if such activity is part of a larger common plan of development that affects one (1) or more acres of land as determined by the program manager.

Land disturbing activity that disturbs less than one (1) acre of land if, in the discretion of the program staff, such activity poses a unique threat to the water environment or to public health or safety.

Application requirements.

Unless specifically excluded by this chapter, any landowner or operator desiring a permit for a land disturbance activity shall submit to the program staff a permit application on a form provided by the program.

A permit application must be accompanied by the following:

A sediment and erosion control plan which addresses the requirements of the BMP manual and

A nonrefundable land disturbance permit fee as described in Appendix A to this chapter.

The land disturbance permit application fee shall be as established for the program under the provisions of the standard operating procedures.

General requirements. All land disturbing activities undertaken within the program service area shall be conducted in a manner that controls the release of sediments and other pollutants to the storm water collection and transportation system in accordance with the requirements of the program's BMP manual.

Review and approval of application.

The program staff will review each application for a land disturbance permit to determine its conformance with the provisions of this chapter. The program staff shall complete the review of an application within thirty (30) calendar days of its submission. Should an application be rejected, an additional thirty (30) calendar days will be allowed for staff review of each subsequent submission of a revised application. If the program staff fails to act within the time limit established hereinbefore, an application shall be presumed to be approved by default. No development shall commence until the land disturbance permit has been approved by the program staff or until the time limit allowed for review has expired.

Each land disturbance permit shall be issued for a specific project and shall expire twelve (12) months after its issuance. The applicant is solely responsible for the renewal of a permit if work is to continue after the expiration of the permit. Renewal will require payment of an additional land disturbance permit fee.

Transfer of a permit. Land disturbance permits are transferable from the initial applicant to another party. A notice of transfer, on a form acceptable to the program and signed by both parties, shall be filed with the program staff. Such transfer shall not automatically extend the life of the existing permit or in any other way alter the provisions of the existing permit.

§ 18-605 Runoff management permits.

[Ord. 622, Oct. 2005]

Mandatory. A runoff management permit will be required in the following cases:

Development, redevelopment, and/or land disturbing activity that disturbs one (1) or more acres of land;

Development, redevelopment, and/or land disturbing activity that disturbs less than one (1) acre of land if such activity is part of a larger common plan of development that affects one (1) or more acres of land as determined by the program manager.

Runoff management. Site requirements, as fully described in the BMP manual, shall include the following items:

Record drawings;

Implementation of landscaping and stabilization requirements;

Inspection of runoff management facilities;

Maintenance of records of installation and maintenance activities; and

Identification of person responsible for operation of maintenance of runoff management facilities.

Application requirements.

Unless specifically excluded by this chapter, any landowner or operator desiring a runoff management permit for a development, redevelopment, and/or land disturbance activity shall submit a permit application on a form provided by the program.

A permit application must be accompanied by:

Storm water management plan which addresses specific items as described in the BMP manual;

Maintenance agreement for any pollution control facilities included in the plan; and

Nonrefundable runoff management permit fee as described in Appendix A to this chapter.

The application fees for the runoff management permit shall be as established by the program under the provisions of the standard operating procedures.

Building permit. No building permit shall be issued by a participating municipality until a runoff management permit, where the same is required by this chapter, has been obtained.

General performance criteria for runoff management. Unless a waiver is granted or exempt certification is issued, all sites, including those exempted under § 18-605(7) below are required to satisfy the following criteria as specified in the BMP manual (whether permitted or not):

Through the selection, design, and maintenance of temporary and permanent BMPs, provide pollution control for sources of contaminants and pollutants that could enter storm water.

Protect the downstream water environment from degradation including specific channel protection criteria and the control of the peak flow rates of storm water discharge associated with design storms shall be as prescribed in the BMP manual.

Implement additional performance criteria or utilize certain storm water management practices to enhance storm water discharges to critical areas with sensitive resources (e.g., cold water fisheries, shellfish beds, swimming beaches, recharge areas, water supply reservoirs).

Implement specific storm water treatment practices (STP) and pollution prevention practices for storm water discharges from land uses or activities with higher-than-typical potential pollutant loadings, known as "hot spots."

Prepare and implement a storm water pollution prevention plan (SWPPP) and file a notice of intent (NOI) under the provisions of the NPDES general permit for certain industrial sites which are required to comply with NPDES requirements. The SWPPP requirement applies to both existing and new industrial sites. The owner or developer shall obtain the general permit and shall submit copies to the storm water manager.

Prior to or during the site design process, consult with the program staff to determine if a planned development is subject to additional storm water design requirements.

Use the calculation procedures as found in the BMP manual for determining peak flows to use in sizing all storm water facilities.

(6)

Review and approval of application.

The program staff will review each application for a runoff management permit to determine its conformance with the provisions of this chapter. The program staff shall complete the review of an application within thirty (30) calendar days of its submission. Should an application be rejected, an additional thirty (30) calendar days will be allowed for staff review of each subsequent submission of a revised application. If the program staff fails to act within the time limit established hereinbefore, an application shall be presumed to be approved by default.

No development shall commence until the runoff management permit has been approved by the program staff or until the time limit allowed for review has expired.

(7)

Waivers.

General. Every applicant shall provide for storm water management; unless a written request to waive this requirement is filed with and approved by the program.

Downstream damage, etc. prohibited. In order to receive a waiver, the applicant must demonstrate to the satisfaction of the management committee that the waiver will not lead to any of the following conditions downstream:

Deterioration of existing culverts, bridges, dams, and other structures;

Degradation of biological functions or habitat;

Accelerated streambank or streambed erosion or siltation;

Increased threat of flood damage to public health, life, or property.

§ 18-606 Non-storm water discharge permits.

Runoff management permit not to be issued where waiver granted. No runoff management permit shall be issued where a waiver has been granted pursuant to this section. If no waiver is granted, the plans must be resubmitted with a runoff management plan. All waivers must be adopted by a majority of the management committee meeting in open session pursuant to the program's standard operating procedures. The applicant shall prepare an agreement which shall formalize the applicant's commitment to implement all actions proposed by the applicant and relied on by the management committee in granting the waiver. Said agreement, once determined to be acceptable to the management committee, shall be executed by an authorized representative of the applicant and the chairman of the management committee. The executed agreement shall form a binding contract between the applicant and the program, and the terms of said contract shall be fully enforceable by the program staff. The program staff's authority to enforce the terms of the waiver agreement shall be identical to those typically exercised by the staff with regard to the implementation of runoff management plans. No construction activities shall commence at a site covered by a waiver until the waiver agreement is fully executed.

[Ord. 622, Oct. 2005]

Commercial and industrial facilities. Commercial and industrial facilities located within the program service area may in certain situations be allowed to discharge nonpolluting non-storm water into the storm water collection system. As allowed by Tennessee Department of Environment and Conservation (TDEC) regulations, certain non-storm water discharges may be released without a permit. A listing of such allowed discharges in included in § 18-609 which follows. Except for these discharges, a permit for all nonpolluting non-storm water discharges shall be required in addition to any permits required by the State of Tennessee for storm water discharges associated with industrial or construction activity.

New facilities. The permit application for a new facility requesting non-storm water discharges shall include the following:

If the facilities are to be covered under the TDEC general NPDES permit for storm water discharges associated with industrial activity, a general NPDES permit for storm water discharges associated with construction activity, or an individual NPDES permit, the owner or developer shall timely obtain such permits or file the NOI and shall submit copies to the program.

Any application for the issuance of a non-storm water discharge under this article shall include the specific items listed in the program's BMP manual.

Each application for a non-storm water discharge permit shall be accompanied by payment of a non-storm water discharge permit fee as described in Appendix A to this chapter. Said fee shall be established under the provisions of the standard operating procedures for the program.

Review and approval of application. The program staff will review each application for a non-storm water discharge permit to determine its conformance with the provisions of this chapter. Within thirty (30) calendar days after receiving an application, the program staff shall provide one (1) of the following responses in writing:

Approval of the permit application;

Approval of the permit application, subject to such reasonable conditions as may be necessary to secure substantially the objectives of this chapter, and issuance of the permit subject to these conditions; or

Denial of the permit application, indicating the reason(s) for the denial.

§ 18-607 Program remedies for permittee's failure to perform.

Permit duration. Every non-storm water discharge permit shall expire within three (3) years of issuance subject to immediate revocation if it is determined that the permittee has violated any of the terms of the permit or if applicable regulations are revised to no longer allow the specific non-storm water discharge covered by the permit.

[Ord. 622, Oct. 2005]

Failure to properly install or maintain sediment and erosion control measures.

If a responsible party fails to properly install or maintain sediment and/or erosion control measures as shown on a sediment and erosion control plan used to secure a land disturbance permit under the program, the program staff is authorized to act to correct the deficiency or deficiencies.

The program manager is hereby authorized to issue a "stop work order" to the responsible party in any situation where the program manager believes that continued work at a site will result in an increased risk to the public safety or welfare or the downstream water environment. Upon receipt of such a "stop work order," the responsible party shall immediately cease all operations at the site except those specifically directed toward correcting the deficiency or deficiencies in the sediment and/or erosion control measures.

Where the deficiency or deficiencies described hereinbefore do not, in the opinion of the storm water manager, pose an imminent threat to the public safety or welfare or the downstream water environment, the program staff shall notify in writing the responsible party of the deficiency or deficiencies. The responsible party shall then have forty-eight (48) hours to correct the deficiency or deficiencies, unless exigent or other unusual circumstances dictate a longer time. In the event that corrective action is not completed within that time, the program staff may take necessary corrective action.

Where, in the opinion of the storm water manager, the deficiency or deficiencies described hereinbefore do pose an imminent threat to the public safety or welfare or the downstream water environment, the program staff may immediately act to correct the deficiency or deficiencies by performing or having a third party perform all work necessary to restore the proper function of the sediment and erosion control system. The responsible party will be informed, in writing, as to the actions of the program staff as soon as practicable following implementation of the corrective action. The program staff may request assistance from the staff of any community participating in the program to perform the "third party" corrective work described in this paragraph.

The cost of any action to the program incurred under this section shall be charged to the responsible party. In addition, the responsible party's failure to properly install and/or maintain sediment and erosion control measures in accordance with a land disturbance permit may subject the responsible party to a civil penalty from the program as described in a subsequent section of this chapter.

Failure to meet or maintain design or maintenance standards for runoff management facilities.

If a responsible party fails or refuses to meet the design or maintenance standards required for runoff management facilities under this chapter, the program staff, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition.

In the event that the runoff management facility is determined to be improperly operated or maintained, the program staff shall notify in writing the party responsible for maintenance of the storm water management facility. Upon receipt of that notice, the responsible party shall have fourteen (14) days to effect maintenance and repair of the facility in an approved manner. In the event that corrective action is not undertaken within that time, the program staff may take necessary corrective action.

§ 18-608 Existing locations and development.

The cost of any action to the program incurred under this section shall be charged to the responsible party. In addition, the responsible party's failure to meet the design or maintenance standards of an approved runoff management plan may subject the responsible party to a civil penalty from the program as described in a subsequent section of this chapter.

[Ord. 622, Oct. 2005]

Requirements for all existing locations and developments. Requirements applying to all locations and developments at which land disturbing activities occurred prior to the enactment of the ordinance comprising this chapter are described in the BMP manual.

Inspection of existing facilities. The program may, to the extent authorized by state and federal law, establish inspection programs to verify that all storm water management facilities, including those built both before and after the adoption of the ordinance comprising this chapter, are functioning within design limits as established within the program BMP manual. These inspection programs may include but are not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as sources of increased sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with increased discharges of contaminants or pollutants or with discharges of a type more likely than the typical discharge to cause violations of the municipality's NPDES storm water permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include but are not limited to reviewing maintenance and repair records; sampling discharges, surface water, ground water, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other BMPs.

Requirements for existing problem locations.

The program shall provide written notification to the owners of existing locations and developments of specific drainage, erosion, or sediment problems originating from such locations and developments and the specific actions required to correct those problems.

The notice shall also specify a reasonable time for compliance.

Should the property owner fail to act within the time established for compliance, the program may act directly to implement the required corrective actions.

The cost of any action to the program incurred under this section shall be charged to the responsible party. In addition, the responsible party shall be responsible for the proper maintenance and operation of any facility or facilities installed as a part of the corrective action. Failure of the responsible party to properly install, operate, and/or maintain the facility or facilities installed as part of the corrective action may subject the responsible party to a civil penalty from the program as described in a subsequent section of this chapter.

Corrections of problems subject to appeal. Corrective measures imposed by the storm water utility under this section are subject to appeal under § 18-613 of this chapter.

§ 18-609 Illicit discharges.

[Ord. 622, Oct. 2005]

Scope. This section shall apply to all water generated on developed or undeveloped land entering any separate storm sewer system within the program service area.

Prohibition of illicit discharges. No person shall introduce or cause to be introduced into the municipal separate storm sewer system any discharge that is not composed entirely of storm water except as permitted under § 18-606 of this chapter or allowed as described below. The commencement, conduct, or continuance of any non-storm water discharge to the municipal separate storm sewer system is prohibited except as described as follows:

Uncontaminated discharges from the following sources:

Water line flushing

Landscape irrigation

Diverted stream flows

Rising ground water

Uncontaminated ground water entering the storm water collection system as infiltration. (Infiltration is defined as water, other than wastewater, that enters the storm sewer system from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow.)

Pumped ground water determined by analysis to be uncontaminated

(vii)

Discharges from potable water sources

(viii)

Foundation drains

(ix)

Air conditioning condensate

(x)

Irrigation water

(xi)

Springs

(xii)

Water from crawl space pumps

(xiii)

Footing drains

(xiv)

Lawn watering

(xv)

Individual residential car washing

(xvi)

Flows from riparian habitats and wetlands

(xvii)

Dechlorinated swimming pool discharges

(xviii)

Street washwater.

Discharges specified in writing by the program as being necessary to protect public health and safety.

Dye testing, if the program has so specified in writing.

Prohibition of illicit connections.

The construction, use, maintenance, or continued existence of illicit connections to the separate municipal storm sewer system is prohibited.

This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

Reduction of storm water pollutants by the use of BMPs. Any person or party responsible for the source of an illicit discharge may be required to implement, at the person's or party's expense, the BMPs necessary to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section.

Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information on any known or suspected release which has resulted, or may result, in illicit discharges of non-allowed pollutants into the storm water conveyances of the municipal separate storm sewer system, the person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event that such a release involves hazardous materials, the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, the person shall notify the program staff in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the program staff within three (3) business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years.

(6)

Enforcement.

Enforcement authority. The storm water manager or his designees shall have the authority to issue notices of violation and citations and to impose the civil penalties provided in this section.

Notification of violation.

Written notice. Whenever the storm water manager finds that any permittee or any other person discharging non-storm water has violated or is violating this chapter or a permit or order issued hereunder, the storm water manager may serve upon such person written notice of the violation. A copy of any such notice shall be sent to the management committee member representing the municipality in which the discharger is located and other administrative official as designated by each participating community. Within ten (10) days of this notice, an explanation of the violation and a plan for the correction and prevention thereof, to include specific required actions, shall be prepared by the discharger and submitted to the storm water manager. Submission of this plan and/or acceptance of the plan by the program staff in no way relieves the discharger of liability for any violations occurring before or after receipt of the notice of violation.

Consent orders. The storm water manager is empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the person to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to subsections (iv) and (v) below.

Show cause hearing. The storm water manager may order any person who violates this chapter or permit or order issued hereunder to show cause why a proposed enforcement action should not be taken. Notice shall be served on the person specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the violator show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing.

Compliance order. When the storm water manager finds that any person has violated or continues to violate this chapter or a permit or order issued thereunder, he may issue an order to the violator directing that, following a specific time period, adequate structures and devices be installed or procedures implemented and properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the construction of appropriate structures, installation of devices, self-monitoring, and management practices.

Cease and desist orders. When the storm water manager finds that any person has violated or continues to violate this chapter or any permit or order issued hereunder, the storm water manager may issue an order to cease and desist all such violations and direct those persons in noncompliance to:

(A)

Comply forthwith; or

(B)

Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.

Civil penalties.

Assessment of penalties. In addition to the authority granted to the storm water manager in the preceding paragraphs to address illicit discharge violations, the storm water manager may, in accordance with the provisions of § 18-612 of this chapter, impose a civil penalty on the party responsible for an illicit discharge.

Appeals. All penalties assessed under this section may be appealed in accordance with the provisions of § 18-613 of this chapter.

§ 18-610 Conflicting standards.

[Ord. 622, Oct. 2005]

Whenever there is a conflict between any standard contained in this chapter, any BMP manual adopted by the program under this chapter, or any applicable state or federal regulation, the strictest standard shall prevail.

§ 18-611 Program fees.

[Ord. 622, Oct. 2005]

Annual program fees. The program shall be financed primarily through an annual fee charged to all residential, commercial, and industrial storm water dischargers located within the program service area.

Initial annual program fees:

Residential properties. A single residential annual fee of eight dollars and fifty cents ($8.50) shall be adopted initially for all households in the program service area. Property used for agricultural or residential purposes and shown with a structure or structures of some positive value on the records of the Hamilton County Assessor of Property shall be charged a residential annual program fee as described above. Multi-family residential complexes shall be charged one residential annual program fee for each unit in the complex regardless of the actual occupancy of a given unit. Manufactured home parks and developments shall be charged one (1) residential annual program fee for each space in the development regardless of the actual occupancy of a given space.

Commercial and industrial properties. Property used for commercial or industrial purposes within the program service area and shown with a structure or structures of some positive value on the records of the Hamilton County Assessor of Property shall initially be charged an annual fee of one hundred seven dollars ($107.00) per impervious acre of development on the property but not less than the annual residential program fee.

Governmental, institutional, other tax-exempt properties, and properties exempted by statute or action of the management committee shall not be charged an annual program fee.

Annual fee revision procedures. The annual program fee shall only be changed through the following multi-step procedure:

During the first quarter of each calendar year, the storm water manager shall perform a review of the program's financial condition, including an estimate of probable income and expenses for the upcoming year. Should the annual review indicate that the program will experience a significant budget imbalance in the coming year, the storm water manager shall present to the management committee a request to revise the annual fee structure to correct the imbalance.

The management committee shall, at the next meeting following the receipt of the storm water manager's recommendation, examine the annual financial review and the storm water manager's recommendation for the adjustment in the annual fees. If no regular meeting of the management committee is scheduled within thirty (30) calendar days of the issuance of the storm water manager's recommendation, the chair of the committee shall call a special meeting. The management committee shall be free to adjust the proposed revisions, if any, in the amounts of the annual fees to any amounts which are supported by three-fourths (3/4) of the members of the management committee.

Once the management committee adopts an annual fee revision recommendation, the storm water manager shall prepare a draft resolution incorporating the recommendation for action by the Hamilton County Commission. The storm water manager shall submit the draft resolution for consideration at an upcoming meeting of the county commission, as allowed by the rules and procedures of the county commission. The county commission may adopt the recommendation, reject the recommendation, or adopt a different annual fee revision based on their own assessment of the program's financial situation, subject to the limitations described in the interlocal agreement establishing the program. The action of the county commission shall be final.

Annual fee incorporation in municipal storm water fee. Nothing contained herein shall prohibit or restrict any participating municipality from enacting and collecting an annual storm water fee within its own jurisdictional boundaries which is higher than the program's annual fee. The program's annual fee shall be incorporated in the municipality's annual fee. The municipality may collect and utilize the excess funds derived from a higher annual storm water fee to address storm water issues within its boundaries as the municipality judges to be in its own best interest.

Collection of delinquent annual fee payments. When any owner of any property subject to the annual program fee, fails to pay the annual program fee on or before the date when such program fee is required to be paid, interest and penalty shall be added to the amount of the program fee due, at the same rate and in the same amount as that set by state law for delinquent property tax. Should the owner of any property subject to the annual program fee fail to remit payment for said fee within the time period adopted by the management committee for such payments, the program is authorized to take any and all actions which the management committee deems appropriate to try to collect the delinquent fee.

Special program fees. The program shall be allowed to charge special program fees to individuals and organizations for specific activities which require input from the program staff. Because of the service-related nature of the special program fees, they shall be applicable to all storm water dischargers located within the program service area, including dischargers who may be exempt from the annual program fee. Special program fees shall comply with the following provisions:

Types: Special program fees may be charged for the following types of services:

Development plans review. Any person or organization with planned construction that will disturb one (1) acre or more shall submit development plans to the program staff which describe in detail the planned construction's conformance with program requirements for storm water pollution control at the site of the development. "Disturb" as used in this section shall identify any activity which covers, removes, or otherwise reduces the area of existing vegetation at a site, even on a temporary basis.

Erosion control plans review. Any person or organization with planned construction that will disturb one (1) acre or more shall submit erosion control plans to the program staff which describe in detail the planned construction's conformance with program requirements for erosion control at construction sites. It is understood that the erosion control plans review fee shall include on-site inspections by qualified member(s) of the program staff of the installed erosion control measures as defined by the approved erosion control plans.

Erosion control non-compliance re-inspection. Should any on-site inspection of installed erosion control measures reveal that the measures have been improperly installed, prematurely removed, damaged, or have otherwise failed and that such deficiency does not pose an imminent threat to the public safety or welfare or the downstream water environment, the program shall inform the responsible party of the deficiency, the responsible party's obligation to bring the installation into compliance with the approved plan, and the assessment of a re-inspection fee. The re-inspection fee shall reimburse the program for the costs associated with an inspector's returning to a specific site out of the normal inspection sequence.

Non-storm water discharge permit review. Commercial and industrial facilities located within the program service area may be allowed to discharge non-polluting wastewater into the storm water collection system. All such discharges, unless covered by a permit issued directly by TDEC or successor agency, must be covered by a discharge permit issued by the program staff and renewed annually. Fees charged by the program for such non-storm water discharge permits will include the costs of the periodic sampling and testing of the discharge, determination of the amount of the discharge, and any costs associated with reviewing and issuing the permit and maintaining necessary records pertaining to the permit.

Residential development retention/detention basin lifetime operation and maintenance fee. The ownership of the property containing a dry detention basin constructed as a part of an approved runoff management plan for a residential development composed of multiple, individually owned lots shall be permanently transferred to Hamilton County, Tennessee, in accordance with the property transfer procedures of the county. In addition, the developer of the residential development shall pay a lifetime operation and maintenance fee to the program for each retention/detention basin. All such fees received by the program shall be deposited in an investment account and the earnings of the account shall be used to pay for the maintenance, repair, and operation of the retention/detention basins transferred to the ownership of the county.

Other. The management committee may from time to time identify other specific activities which warrant a special program fee. No such fee shall be enacted unless it is endorsed by the county mayor and approved by the county commission. Procedures for establishing a special program fee other than those identified above shall generally comply with the procedures for making revisions to the annual program fee as described in the preceding section.

Initial special program fees: The initial amounts of the various special program fees shall be as noted in Appendix A to this chapter.

Special program fee revision procedures: Special program fees shall be changed only through the following multi-step procedure:

The storm water manager shall review the special program fees during the annual program financial review required under the "annual fee revision procedures" described in a previous section. The storm water manager shall determine the financial viability of each special program fee and present to the management committee requests for revision of those fees, if any, which the storm water manager believes should be adjusted.

Once the storm water manager has submitted his or her recommendations, revisions of the special program fees shall comply with the procedures for management committee review and county commission action identified under the "annual fee revision procedures" described hereinbefore.

§ 18-612 Penalties.

[Ord. 622, Oct. 2005]

Violations. Any person who shall commit any act declared unlawful under this chapter, who violates any provision of this chapter, who violates the provisions of any permit issued pursuant to this chapter, or who fails or refuses to comply with any lawful communication or notice to abate or take corrective action required by the program, shall be guilty of a civil offense.

Penalties. Under the authority provided in Tennessee Code Annotated, § 68-221-1106, the program declares that any person violating the provisions of this chapter may be assessed a civil penalty by the program of not less than fifty dollars ($50.00) and not more than five thousand dollars ($5,000.00) per day for each day of violation. Each day of violation shall constitute a separate violation. Applicable penalties for some specific violations are outlined in the enforcement protocol described in Appendix B of this chapter.

Measuring civil penalties. In assessing a civil penalty, the storm water manager may consider:

The harm done to the public health or the environment;

Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;

The economic benefit gained by the violator;

The amount of effort put forth by the violator to remedy this violation;

Any unusual or extraordinary remedial or enforcement costs incurred by the program or any participating municipality;

The amount of penalty established by ordinance or resolution for specific categories of violations; and

Any equities of the situation which outweigh the benefit of imposing any penalty or damage assessment.

Recovery of damages and costs. In addition to the civil penalty in subsection (2) above, the program may recover:

All damages proximately caused by the violator, which may include any reasonable expenses incurred in investigating violations of and enforcing compliance with this chapter, or any other actual damages caused by the violation.

The costs of maintenance of storm water facilities when the user of such facilities fails to maintain them as required by this chapter.

Other remedies. The program or any participating municipality may bring legal action to enjoin the continuing violation of this chapter, and the existence of any other remedy, at law or equity, shall be no defense to any such actions.

(6)

Remedies cumulative. The remedies set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one (1) or more of the remedies set forth herein has been sought or granted.

§ 18-613 Appeals.

[Ord. 622, Oct. 2005]

All actions of the program staff, except for possible criminal violations which the staff has reported to the appropriate enforcement agency, shall be subject to an appeals process under the initial jurisdiction of the management committee. Appealable staff actions specifically include the assessment of civil penalties. Following receipt of a written "notice of appeal" from an appellant, the appeals process shall function as follows:

Administrative review. An administrative review of all appeals and/or requests for review shall initially be conducted by the storm water manager. The storm water manager shall review the record of the situation and, if the storm water manager is not satisfied that both of the following conditions have been met, the storm water manager shall notify the appellant of the finding and grant the relief or a portion of the relief, as determined by the storm water manager, sought by the appellant:

The matter under dispute has been handled correctly by the program staff under the applicable rules and procedures of the program.

The matter under dispute has been handled fairly by the program staff and the appellant has not, in any way, been treated differently than other dischargers with similar circumstances.

If the storm water manager determines that both items (a) and (b) immediately above have been satisfied, the storm water manager shall notify the appellant in writing that no relief can be granted at the program staff level and that the appellant is free to pursue the appeal with the management committee. Such notification shall include instructions as to the proper procedure for bringing the matter before the committee. Notification shall be made by hand-delivery; verifiable facsimile transmission; or certified mail, return receipt requested. A copy of the notification shall be provided to the management committee member representing the municipality in which the discharger is located and other administrative official as designated by each participating community. The storm water manager shall complete the review and issue an opinion within twenty (20) calendar days of the receipt of the appeal.

Committee hearing. Appeals rejected by the storm water manager, in accordance with the procedure outlined immediately above, may be brought before the management committee. Within thirty (30) calendar days of receipt of a notification of an appeal, the committee shall determine if the appeal is to be heard by the committee as a whole, if the matter is to be referred to a standing subcommittee, or if a new subcommittee is to be appointed specifically to hear the appeal. If a special committee is appointed, the officer presiding at the meeting of the management committee at which the special subcommittee is appointed shall name a chair and vice chair for said subcommittee. Once the appropriate forum for the appeal is decided, a date and time for hearing the appeal shall be set. Such date and time shall be within fifteen (15) calendar days following the date of the management committee's initial considerations regarding the appeal.

Hearing procedures. Appeal hearings shall be conducted in a formal and orderly manner. However, the hearing is not a "court of law" and the rules of evidence, testimony, and procedures for such courts shall not apply. The storm water manager or his designee shall first brief the committee or subcommittee on the history of the situation, including the actions of the program staff leading up to the appeal. The appellant shall then present his or her arguments as to why the relief sought should be granted. The storm water manager or his designee shall then have the opportunity to rebut or refute the appellant's arguments. The committee or subcommittee shall then conduct deliberations concerning the appeal in an open session. During such deliberations, the members may ask questions of and/or seek additional input from the appellant or the program staff to clarify the situation. At the close of these deliberations the committee or subcommittee shall vote to accept or reject the appeal or to adopt a modified position regarding the matter in question. The outcome of this vote shall be considered the final action of the program with regard to the appeal. The chair of the committee or subcommittee hearing the appeal shall prepare a written order reflecting the committee's or subcommittee's determination regarding the appeal. A tape recording, minutes, or other record of the hearing shall be made and maintained by the program staff.

Appealing decisions of the management committee. Any appellant dissatisfied with the decision of the management committee, as described in the preceding paragraph, may appeal the management committee's decision by filing an appropriate request for judicial review to the Chancery Court of Hamilton County.

§ 18-614 Implementation schedule.

[Ord. 622, Oct. 2005]

Discharge permit. The program is authorized under National Pollutant Discharge Elimination System (NPDES) Permit No. TNS075566 issued by the Tennessee Department of Environment and Conservation (TDEC), Division of Water Pollution Control, which expires February 26, 2008. It is anticipated that subsequent permits will be issued to the program under the same permitting authority. All applicable provisions of the current or any subsequent permit shall be enforceable by the program as if fully spelled out herein. Implementation of certain aspects of the program shall comply with the specific schedule included in the permit.