§ 18-501. General provisions.

(1)

Authorization. The city is authorized to regulate and provide for the purposes listed in this chapter within the corporate limits of the City of Morristown, Tennessee, pursuant to the authority granted by Section 68-221-1105 of the Tennessee Code Annotated.

(2)

Purpose. It is the purpose of this chapter to:

(a)

Protect, maintain, and enhance the environment of the City of Morristown and the public health, safety and general welfare of the citizens by controlling discharges of pollutants to the city's stormwater system and to maintain and improve the quality of the receiving waters into which the stormwater outfalls flow including, without limitation, all water resources, lakes, rivers, streams, pond, wetlands, and groundwater;

(b)

Enable the city to comply with the National Pollution Discharge Elimination System (NPDES) and applicable federal regulations as set out in 40 CFR 122.26 regarding stormwater discharges;

(c)

Allow the city to exercise the powers granted in TCA 68-221-1105 and all other appropriate statutes with respect to stormwater facilities;

(d)

Exercise general regulation over the planning, location, construction, operation and maintenance of all stormwater systems in the city, whether the system is owned and operated by the city or not;

(e)

Adopt rules and regulations deemed necessary to accomplish the purposes of the ordinance including fees for service and permits;

(f)

Establish standards to regulate stormwater contaminants as may be necessary to protect water quality;

(g)

Establish authority to review and approve plans and plats for stormwater management for development, redevelopment and related land disturbing activities including but not limited to subdivisions and residential, commercial, and industrial development;

(h)

Establish authority to issue permits for stormwater discharges and for the construction, alteration, extension and maintenance of stormwater facilities;

(i)

Establish authority to suspend or revoke permits when it is determined that the permittee has violated any provision in this chapter or provision of the permit;

(j)

Regulate and prohibit discharges into stormwater facilities of sanitary, industrial or commercial sewage or waters that have otherwise been contaminated; and

(k)

Expend funds to remediate or mitigate the detrimental effects of contaminated land or other sources of stormwater contamination whether public or private.

(3)

Administering entity. The city shall administer the provisions of this chapter through its stormwater program under the direction of the city administrator or designee. The operating mechanism for the stormwater program is defined by the stormwater program standard operating procedures, as amended, current edition, as maintained by the city administrator or designee. The city administrator or designee is authorized to enforce this chapter and to use its judgment in interpreting the various provisions of this chapter, and the stormwater program standard operating procedures to ensure that the city's goals are accomplished.

(4)

Conflict and responsibility. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, deed restrictions, or existing ordinances and regulations.

(a)

If any provisions of this ordinance and any other provisions of law, regulations, or policy impose overlapping or contradictory regulations, or contain any restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards or requirements shall govern.

(b)

Conformance with this ordinance is a minimum requirement and does not relieve the property owner, utility, facility operator, lessee, tenant, contractor, the equipment operator and/or any other person or entity doing work from applying sound judgment and taking measures which go beyond the scope of the requirements of this ordinance where necessary.

(c)

This chapter does not imply a warranty or the assumption of responsibility on the part of the city for the suitability, fitness, or safety of any structure with respect to flooding, water quality, or structural integrity. This ordinance is a regulatory instrument only, and is not to be interpreted as an undertaking by the city to design any structure or facility.

(d)

Neither the approval of a discharge under this ordinance, nor compliance with the conditions of such approval, shall relieve any person of responsibility for damage to other persons or property or impose any liability upon the city for damage to other persons or property.

(5)

Overlapping jurisdiction. The State of Tennessee, working through the Tennessee Department of Environment and Conservation (TDEC), is or may be required by federal regulations to address stormwater pollution issues in ways which appear to overlap the goals and requirements of the program described by this chapter. Where such overlaps occur and where TDEC's regulations and determinations are more restrictive, the TDEC regulations and determinations shall control. A requirement to comply with TDEC regulations and determinations shall not, in any way, relieve any party from complying with the provisions of this chapter.

(6)

Severability. Each separate provision of this ordinance is deemed independent of all other provisions herein so that if any provision or provision of this ordinance shall be declared invalid, all other provisions thereof shall remain enforceable.

(7)

Rules applying to ordinance. For the purpose of this chapter, certain rules of construction shall apply as follows:

(a)

Words used in the singular shall include the plural, and the plural shall include the singular.

(b)

Words used in the present tense shall include the future tense.

(c)

The words "shall" and "will" are mandatory and not discretionary. The word "may" is permissive.

(d)

Words not defined in this ordinance shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of Webster's Dictionary.

(8)

Right of entry. The city shall make inspections and investigations, carry on research or take on such other actions as may be necessary to carry out the administration of these regulations and enter at all reasonable times upon any property other than dwelling places for the purpose of conducting investigations and studies or enforcing any of the provisions of this chapter, pursuant to TCA 69-3-107 (5) and (6).

(9)

Jurisdiction. The city shall administer the provisions of this chapter on all property inside the municipal boundaries of the City of Morristown.

(Ord. No. 3581 , 7-18-2017)