RESOLUTION NO. RS2016-203

A resolution approving the post-construction stormwater control measures provided for in the Stormwater Management Manual, promulgated pursuant to Metropolitan Code of Laws Section 15.64.020, for purposes of compliance with SB1830/HB1892, pending before the State of Tennessee General Assembly, in anticipation that said bill will pass.

WHEREAS, Metropolitan Code of Laws Section 15.64.020 provides in pertinent part, “The director of public works, with the approval of the mayor, shall establish written regulations and technical guidelines as may be necessary to enforce the terms of this chapter. These regulations shall be filed in the metropolitan clerk's office . . . ;” and,

WHEREAS, in RS2012-393, ratified by voters by referendum on November 6, 2012, the Metropolitan Charter was revised to provide that the Department of Water and Sewerage Services rather than the Department of Public Works would be responsible for stormwater management within the Metropolitan Government area; and,

WHERAS, pursuant to the above authorities, the latest edition of the Stormwater Management Manual (the Manual), which was previously approved by the Director of Water and Sewerage Services and the Metropolitan Mayor, became effective as of February 1, 2016, and is on file with the Metropolitan Clerk; and,

WHEREAS, the Manual contains post-construction stormwater control measures; and, WHEREAS, SB1830/HB1892 is currently pending before the State of Tennessee General
Assembly and appears likely to pass; and,

WHEREAS, SB1830/HB1892 states: “[a]ny local governmental entity that adopts [post- construction stormwater] control measures that exceed the minimum requirements of federal law must do so by ordinance or resolution, as appropriate, by the local legislative body upon a majority vote . . . ;” and,

WHEREAS, federal law does not clearly define the minimum post-construction stormwater control requirements as a numeric standard, but instead merely requires that the post- construction discharge of pollutants be reduced to the maximum extent practicable (MEP); and,

WHEREAS, the post-construction stormwater control measures contained in the Manual, which include Green Infrastructure and control measures identified as Low Impact Development (LID), were designed to meet the MEP requirement; and,

WHEREAS, Ordinance No. BL2008-345 endorsed the use of Green Infrastructure, including LID control measures, as compared to the then-current post development stormwater control measure policy; and,

WHEREAS, The Green Ribbon Committee, which was appointed by Mayor Karl Dean by Executive Order in 2008, in its report, “Together Making Nashville Green,” delivered to Mayor Dean in June 2009, endorsed requiring the use of LID as compared to the then-current post development stormwater control measure policy; and,

WHEREAS, Ordinance No. BL2010-794 endorsed increasing the use of LID as compared to the then-current post development stormwater control measure policy; and,

WHEREAS, there is nonetheless a risk of a perception of conflict between the requirements of the Stormwater Management Manual, SB1830/HB1892, if adopted by the State of Tennessee General Assembly, and the conditions of the Phase I Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) permit issued to the Metropolitan Government by the Tennessee Department of Environment and Conservation (TDEC), which may be confusing for those trying to comply with those authorities and those trying to enforce them, alike; and,

WHEREAS, it is in the best interest of the Metropolitan Government of Nashville and Davidson County for the Metropolitan Council to approve the post-construction stormwater control measures in the Stormwater Management Manual by resolution for purposes of reconciling any such perceived conflicts and complying with SB1830/HB1892.

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

Section 1. That the post-construction stormwater control measures contained in the latest edition of the Stormwater Management Manual, which was previously approved by the Director of Water and Sewerage Services and the Metropolitan Mayor, became effective as of February 1, 2016, and is on file with the Metropolitan Clerk, are hereby approved by the Metropolitan Council.

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

Sponsored by: Jeremy Elrod

LEGISLATIVE HISTORY
Referred to:	Public Works Committee
Introduced:	April 19, 2016
Deferred to May 17, 2016:	April 19, 2016
Adopted:	May 17, 2016
Approved:	May 18, 2016
By: