An ordinance amending Title 15 of the Metropolitan Code pertaining to the storm water division of the Department of Water and Sewerage Services, all of which is more specifically described herein.

WHEREAS, Section 8.402 of the Charter of the Metropolitan Government of Nashville and Davidson County delegates the authority for the design, construction, maintenance, repair and cleaning of storm sewers to the Department of Public Works; and

WHEREAS, since the adoption of the Charter in 1963, state and federal water quality regulations have been enacted, including the Clean Water Act of 1977 and the National Pollution Discharge Elimination System permit (NPDES) requirements, that affect the Metropolitan Government’s storm water management functions and require the Metropolitan Government to take certain protective actions; and

WHEREAS, in May 2002, the Metropolitan Department of Water and Sewerage Services and the Metropolitan Department of Public Works entered into a memorandum of understanding placing the personnel and operational activities relating to the storm water responsibilities with MWS; and

WHEREAS, in order to protect the health and safety of the citizens of Nashville and Davidson County, the Metropolitan Council deems it appropriate that the Metropolitan Code be amended to specifically create a storm water division within Metro Water Services and to provide for the creation of a reasonable storm water user fee to act as a funding mechanism for the storm water division; and

WHEREAS, it is the express intent of the Metropolitan Council that no part of this ordinance be deemed to be a transfer of the authority delegated by the Charter to the Department of Public Works regarding the construction and maintenance of storm sewers.

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

Section 1.         That Title 15 of the Code of the Metropolitan Government of Nashville & Davidson County, Water, Sewer and Other Public Places be and the same is hereby amended by adding the following new definitions to Section 15.64.010:

“Storm water facilities” or “flood control facilities” shall mean all natural and manmade conveyances and structures for which the partial or full purpose or use is to convey surface flood runoff water within the jurisdictional boundaries of the Metropolitan Government.  This includes all natural conveyances (1) for which the Metro Government has assumed a level of maintenance responsibility; (2) to which the Metro Government has made improvements; (3) which have or may pose a threat to public property because of flooding; or (4) or for which the Metro Government is accountable under federal or state regulations for protecting the water quality within its jurisdictional boundaries.

“Storm water” shall mean storm water run-off, snow melt run-off, surface run-off, street wash waters related to street cleaning and maintenance, infiltration other than infiltration contaminated by seepage from sanitary sewers or other discharges and drainage.

Section 2.       That Title 15 of the Code of The Metropolitan Government of Nashville and Davidson County, Water, Sewer and Other Public Places be and the same is hereby amended by adding the following new Section 15.64.015 “Storm water division”.

15.64.015   Storm Water Division.

There is hereby created a Storm Water Division within the Metropolitan Department of Water and Sewerage Services (“MWS”), which in coordination with the Department of Public Works, the Metropolitan Finance Director, the Metropolitan Department of Codes Administration and the Metropolitan Planning Commission, shall have the responsibility for compliance with the Clean Water Act of 1977, as amended and the National Pollution Discharge Elimination System permit (NPDES) and applicable regulations for storm water discharges; developing storm water management plans; identifying capital requirements and developing necessary financing for maintenance and rehabilitation of existing and new storm water facilities; collecting fees and charges for the division; educating the public on the importance of storm water management and pollution control; developing written regulations and technical guidelines as may be necessary to enforce the terms of this chapter; and other related duties as required by the director (“Director”) of MWS.  Nothing in this chapter shall constitute a transfer of the authority from the department of public works to MWS regarding the design, construction, maintenance, repair, and cleaning of storm sewers, which authority is delegated to the department of public works by Section 8.402 of the Charter.

MWS shall be responsible for plan approval and construction inspection of both private storm water facilities and public storm water facilities not owned by the Metropolitan Government. Notwithstanding the foregoing, MWS shall not accept storm water management responsibilities for property located within the jurisdictional boundaries of any other government entity within Davidson County unless such responsibility has been agreed to, contracted for and approved by the Metro Council and the appropriate authority for the other government entity.  Additionally, MWS may accept the responsibility for the operation and maintenance of private storm water facilities only pursuant to criteria defined and adopted by the storm water management committee and upon a written agreement approved by the Metropolitan Council.

Section 3.       That Title 15 of the Code of The Metropolitan Government of Nashville and Davidson County, Water, Sewer and Other Public Places be and the same is hereby amended by adding the following new Section 15.64.031 “Funding”:
 
15.64.031  Funding.

To accomplish the purposes of this chapter and pursuant to T.C.A. § 68-221-1107, the Storm Water Division may collect storm water user fees.  Such fees shall be reasonable in amount and based on actual or estimated use of storm water and or flood control facilities of the Metropolitan Government. Storm water user fees may be augmented by other funding sources, including but not limited to, allocations of local option sales tax and general tax revenue to storm water drainage improvement projects, collection of fees for special services including but not limited to plans review and inspections, and establishment of a capital recovery fee or fees consistent with state law.

A storm water user fee credit may be applied in those cases where a property owner operates and maintains private storm water facilities or through other actions and activities help reduce or eliminate the burden of storm water quantity and quality control service requirements and costs that a property or properties pose for the Metropolitan Government. All storm water user fees and other funding sources shall be approved by ordinance of the Metropolitan Council.  All revenues generated by or on behalf of the Storm Water Division shall be deposited in a storm water fund and used by the Division exclusively for the functions and purposes of the storm water division as provided in this chapter. Storm water fee credits shall be defined, adopted and implemented by the storm water management committee. 

Section 4.       That Title 15 of the Code of The Metropolitan is hereby amended by adding the following new Section 15.64.032 “Storm water fees”:

15.64.032  Storm water fees.

The Director of MWS is hereby directed to develop, with the assistance of a qualified consultant, a complete business plan for the Storm Water Division including, but not limited to, a cost of service analysis, rate study and capital improvement plan and to recommend to the Metropolitan Council no later than February 1, 2008, a fee schedule for the funding of Storm Water Division. 

Section 5.       That Title 15 of the Code of The Metropolitan is hereby amended by adding the following new Section 15.64.033 “Collection of fees”:

15.64.033  Collection of fees.

The frequency of billing is to be established by the Director of MWS based on an assessment of the most efficient, effective and equitable method of billing and collections available to the Storm Water Division.

Section 6.       That Title 15 of the Code of The Metropolitan Government is hereby amended by adding the following new Section 15.64.034 “Reports of storm water division”:

15.64.034 – Reports of storm water division.

The Director of MWS shall submit an annual written report to the Metro Council, and shall personally appear annually before a joint meeting of the council public works and budget and finance committees on the storm water management program.  Such report shall contain, at a minimum:

The status of the storm water management program in Metro.
The fee structure imposed to fund the implementation of the storm water program and the adequacy of funds to implement the program.
Any long-range plans which have been developed to implement the provisions of this chapter.
The status of any projects to control storm water run off.
Any other information deemed relevant by the Director.

Section 7.       That Title 15 of the Code of The Metropolitan Government of Nashville and Davidson County, Water, Sewer and Other Public Places be and the same is hereby amended by amending Section 15.64.050 “Storm water management committee –Organization” by deleting the phrase “director of public works” and substituting in lieu thereof the phrase “director of the Department of Water and Sewerage Services.”

Section 8.       That Title 15 of the Code of The Metropolitan Government of Nashville and Davidson County, Water, Sewer and Other Public Places be and the same is hereby amended by amending Section 15.64.100 “Appeals procedure” by deleting the phrase “director of public works” and substituting in lieu thereof the phrase “director of the Department of Water and Sewerage Services.”

Section 9.       That Title 15 of the Code of The Metropolitan Government of Nashville and Davidson County, Water, Sewer and Other Public Places be and the same is hereby amended by amending Section 15.64.110 “Issuance of building and occupancy permits” by deleting the phrases “director of public works” and the “department of public works” and substituting in lieu thereof the phrase “director of the Department of Water and Sewerage Services.”

Section 10.     That Title 15 of the Code of The Metropolitan Government of Nashville and Davidson County, Water, Sewer and Other Public Places be and the same is hereby amended by amending Section 15.64.130 “Review of building permits” by deleting the phrases “director of public works” and “department of public works” and substituting in lieu thereof the phrases “director of the Department of Water and Sewerage Services” or “Department of Water and Sewerage Services,” as appropriate.

Section 11.     That Title 15 of the Code of The Metropolitan Government of Nashville and Davidson County, Water, Sewer and Other Public Places be and the same is hereby amended by amending Section 15.64.180 “Alteration of floodplains and drainage channels” by deleting the phrases “director of public works” and “department of public works” and substituting in lieu thereof the phrases “director of the Department of Water and Sewerage Services”  or “Department of Water and Sewerage Services,” as appropriate.

Section 12.     That Title 15 of the Code of The Metropolitan Government of Nashville and Davidson County, Water, Sewer and Other Public Places be and the same is hereby amended by amending Section 15.64.200 “Flood proofing measures” by deleting the phrases “director of public works” and “department of public works” and substituting in lieu thereof the phrases “director of the Department of Water and Sewerage Services” or “Department of Water and Sewerage Services,” as appropriate.

Section 13.     That 15 of the Code of The Metropolitan Government of Nashville and Davidson County, Water, Sewer and Other Public Places be and the same is hereby amended by Section 15.64.205 “Non-storm water discharges” by deleting the phrases “director of public works” the “department of public works” and substituting in lieu thereof the phrases “director of the Department of Water and Sewerage Services” or “the Department of Water and Sewerage Services,” as appropriate.

Section 14.     That this Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Emily Evans, Parker Toler, Jim Hodge

Amendment No. 1
To
Ordinance No. BL2007-1440

Mr. President:

I move to amend Ordinance No. BL2007-1440 by deleting Section 4 in its entirety and substituting in lieu thereof the following new Section 4:

“Section 4. That Title 15 of the Code of The Metropolitan is hereby amended by adding the following new Section 15.64.032 “Storm water fees”:

15.64.032 Storm water fees.
A. The Director of MWS is hereby directed to develop, with the assistance of a qualified consultant, a complete business plan for the Storm Water Division including, but not limited to, a cost of service analysis, rate study and capital improvement plan and to recommend to the Metropolitan Council no later than February 1, 2008, a fee schedule for the funding of Storm Water Division.
B. Upon recommending a fee schedule for the funding of the Storm Water Division, the Director of MWS shall also provide the Council with a reduced water and sewer rate schedule that would offset the amount of revenue to be generated by the new storm water user fee.
C. The Director of MWS shall also provide the Council not later than February 1, 2008, with a report outlining all sources of funding for Storm Water Division. This report shall include both capital and operating funds, as well as a chart detailing the amount from each source of funding.”

Sponsored by: Jim Gotto

LEGISLATIVE HISTORY
Introduced:	May 15, 2007
Passed First Reading:	May 15, 2007
Referred to:	Budget and Finance Committee Public Works Committee
Deferred:	June 5, 2007
Amended:	June 19, 2007
Passed Second Reading:	June 19, 2007
Passed Third Reading:	July 17, 2007
Approved:	July 23, 2007
By: