An ordinance amending The Metropolitan Code of Laws, Title 15, Chapter 64 to provide for more effective regulation of stormwater discharges.

Whereas, it is in the best interest of the Metropolitan Government of Nashville and Davidson County to amend Title 15, Chapter 64 of the Metropolitan Code of Laws (Stormwater Management) to provide for more effective regulation of stormwater discharges.

Now, therefore, be it enacted by the Council of the Metropolitan Government of Nashville and Davidson County:

Section 1. Section 15.64.100(A) of the Metropolitan Code of Laws is amended as follows:

The existing language is designated as Section 15.64.100(A)(1) and a new section
15.64.100(A)(2) is added as follows:

The stormwater management committee shall hear all appeals taken from any decision of the Director of Public Works pursuant to Section 15.64.205. An appeal must be filed with the committee in writing within 30 days of any such decision by the Director. The fee for filing an appeal shall be fifty dollars.

Section 2. Section 15.64.205 of the Metropolitan Code of Laws is amended as follows:

Section 15.64.205(A) is amended by adding the following definitions:

"Community waters" means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wetland, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the Metropolitan Government of Nashville and Davidson County.

"Contaminant" means any physical, chemical, biological or radiological substance or matter.

"Discharge" means any substance disposed, deposited, spilled, poured, injected, seeped, dumped, leaked, or placed by any means, intentionally or unintentionally, into community waters, the waters of the state, or any area draining directly or indirectly into the municipal stormwater system of the Metropolitan Government.

"Waters of the State" means any water, surface or underground, lying within or forming a part of the boundaries of the Metropolitan Government of Nashville and Davidson County, over which the Tennessee Department of Environment and Conservation exercises primary control with respect to storm water permits.

Section 15.64.205(B) is amended by inserting the following language between the word "discharges" and the word "into":

into community waters, into the waters of the state, or

Section 15.64.205(C) is amended as follows:

The language "Unless the Director has identified them as a source of pollutants to the waters of the State of Tennessee, the following non-stormwater discharges into the municipal separate storm sewer system of the metropolitan government are permitted:" is deleted and replaced with the following:

Unless the Director has identified them as a source of contaminants to community waters, the waters of the state, or the municipal separate storm sewer system of the metropolitan
government, the following discharges are permitted:

Section 15.64.205(C) is further amended as follows:

A new subsection 15.64.205(C)(1) is added as follows:

(C)(1) Stormwater as defined in T.C.A.§ 68-221-1102(5);

and existing subsection 15.64.205(C)(1), together with succeeding subsections thereof are to be renumbered accordingly.

Section 3. Section 15.64.220(A) is deleted in its entirety and the following is substituted in lieu thereof:

(A) Any violation of this chapter shall be punishable by a civil penalty in
an amount not to exceed $500; provided, however, that any violation of section 15.64.205 shall be punishable by a civil penalty of not less than $50 nor more than $5000. For purposes of assessing civil penalties under this chapter, each day of violation shall constitute a separate violation.

Section 4. This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: J.B. Loring

LEGISLATIVE HISTORY
Introduced:	March 20, 2001
Passed First Reading:	March 20, 2001
Referred to:	Public Works Committee
Passed Second Reading:	April 3, 2001
Passed Third Reading:	April 17, 2001
Approved:	April 19, 2001
By: