An ordinance amending Chapter 15.64 of the Metropolitan Code, Stormwater Management, to prohibit certain activities involving the disposal or use of excavated fill material that occur within the drainage area of a Class II designated Scenic River under The Tennessee Scenic Rivers Act of 1968.

WHEREAS, the Harpeth River in Davidson County is designated as a Scenic River pursuant to The Tennessee Scenic Rivers Act of 1968 ("the Act"), as codified in Tennessee Code Annotated §§ 11-13-101, et seq., and is one of only thirteen such statutorily designated Scenic Rivers in the state; and

WHEREAS, the Harpeth River in Davidson County falls into two different Scenic River classes, with portions designated as "Class II Pastoral River Areas"; and

WHEREAS, Tennessee Code Annotated § 11-13-111(b)(1) prohibits landfills for the "disposal of solid or hazardous wastes… within two (2) miles from the center of a Class II river on each side"; and

WHEREAS, Tennessee Code Annotated § 11-13-111(b)(2) expressly provides that the prohibition on landfills "is to protect Class II rivers from possible pollution due to the proximity of landfills for the disposal of solid or hazardous wastes; and

WHEREAS, the issuance of a Metro grading permit requires coverage under the State Construction General Permit, and this permit does not grant coverage (under sections 1.3(g) and 4.4.1) for potential discharges of pollutants which would cause degradation to waters designated by the Tennessee Department of Environment and Conservation (TDEC) as high quality waters, which are defined in 1200-4-3.06 as waters that "possess outstanding scenic or geologic values among other characteristics"; and

WHEREAS, it is in the best interest of the health, safety and welfare of the residents of the Metropolitan Government that certain activities pertaining to the disposal or use of excavated fill material occurring within the drainage area of a Class II Scenic River be prohibited.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Chapter 15.64 of the Metropolitan Code, Stormwater Management, be and the same is hereby amended by adding the following new Section 15.64.145:

15.64.145. Grading permit prohibitions related to Class II scenic rivers.

A. Activities that involve the disposal or use of excavated fill material that occur within the drainage area of a Class II designated Scenic River under the Tennessee Scenic Rivers Act of 1968 (T.C.A. § 11-13-101, et seq.) are prohibited if:

1. The activity is not primarily related to a construction site under common operation that is covered under the State of Tennessee's Construction General Permit (TNR100000);
2. The operator of the disposal fill activity site and the operator of the source fill material site is not the same;
3. The disposal fill activity is a commercial operation serving multiple unrelated construction projects by different operators;
4. The disposal fill activity operates beyond the completion of the construction activity it supports; or
5. The applicant fails to identify in a notice of intent (NOI) and describe in a comprehensive storm water pollution prevention plan (SWPPP), appropriate controls and measures that will be implemented to control for discharges from all activities related to the excavation and disposal of fill material.

B. The prohibition on the grading activities provided in subsection A. of this section shall apply along the entire length of the Scenic Harpeth River in Davidson County that is within (2) miles of the center of the river and also drains to the Harpeth River.

Section 2. That this Ordinance shall take effect from and after its enactment, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Erik Cole, David Briley