SUBSTITUTE ORDINANCE NO. BL2010-639

WHEREAS, pursuant to Tenn. Code Ann. § 68-221-1102, et seq. (the “Storm Water Management Statute”), the Metropolitan Code of Laws regulates storm water management within Davidson County; and,

WHEREAS, the Metropolitan Government seeks to bring enforcement of storm water rules and regulations into better accord with the Storm Water Management Statute.

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

Section 1: Chapter 15.64 of the Metropolitan Code of Laws is amended by deleting Section 15.64.220(B) in its entirety and adding the following sub-sections to the end of Section 15.64.220:

B. In assessing a civil penalty, the following factors may be considered:
1. The harm done to the public health or the environment;
2. Whether the civil penalty imposed will be substantial economic deterrent to the illegal activity;
3. The economic benefit gained by the violator;
4. The amount of effort put forth by the violator to remedy this violation;
5. Any unusual or extraordinary enforcement costs incurred by the municipality;
6. The amount of penalty established by ordinance or resolution for specific categories of violations; and
7. Any equities of the situation which outweigh the benefit of imposing any penalty or damage assessment.

C. The Department may also assess damages proximately caused by the violator to the municipality which may include any reasonable expenses incurred in investigating and/or enforcing violations of this part, or any other actual damages caused by the violation.

D. In addition to all other remedies provided by law, the Metropolitan Government shall have the right to injunctive relief for any violation of this chapter.

Section 2: 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: Walter Hunt

LEGISLATIVE HISTORY
Introduced:	February 16, 2010
Passed First Reading:	February 16, 2010
Referred to:	Budget & Finance Committee Public Works Committee
Deferred:	March 16, 2010
Substitute Introduced:	April 6, 2010
Passed Second Reading:	April 6, 2010
Passed Third Reading:	April 20, 2010
Approved:	April 22, 2010
By:
Effective: