The City of Knoxville, like many other cities across the United States, is required to have a National Pollutant Discharge Elimination System (NPDES) permit to discharge stormwater from the municipal separate storm drain system (MS4). Because development activities may significantly contribute to the discharge of pollutants, the NPDES permit requires that the City of Knoxville encourage, promote, and require implementation of certain practices and procedures for the purpose of reducing or limiting discharge of pollutants to stormwater channels.
To accomplish this goal, the City of Knoxville has ordinances and standards, which require BMP implementation and inspections as part of land development activities. Some of these ordinances and standards have been developed and adopted specifically to address stormwater quality concerns, while others were originally developed to address other concerns, but are also effective in promoting improved stormwater quality in development activities. Development of a BMP Manual was required by NPDES Permit No. TNS068055 issued in 1996 for the City of Knoxville. The principal ordinances and standards for the City of Knoxville that affect the selection of BMPs are listed below.
The City of Knoxville has a "Stormwater and Street Ordinance" to consolidate all regulations pertaining to the stormwater system and the local street system and to accomplish the following:
(Ord. No. O-139-04, § 1, 8-17-04)
(a) Property owners and lessees are responsible for maintaining stormwater and/or water quality facilities located on their property. Prior to the issuance of a site development permit, the property owner shall execute a legal document entitled "Covenants for Permanent Maintenance of Stormwater Facilities," or the lessee shall execute a legal document entitled "Covenants for Maintenance of Stormwater Facilities on Leased Property" ("the Covenants"). The property owner or the lessee, as the case may be, shall record the covenants in the office of the county register of deeds. The location of the facility, the recorded location of the covenants document, and a note stating the property owner's or lessee's responsibility shall be shown on a plat, or in the case of a lessee, as an exhibit attached to the lessee's covenants, that is also recorded in the office of the county register of deeds. (See link below).
(b) The covenants shall specify minimum maintenance requirements to be performed at necessary intervals by the property owner or lessee, as the case may be.
(c) In order to provide access to stormwater and/or water quality facilities by personnel, vehicles and equipment, the property owner or lessee, as the case may be, will provide a traversable twenty-foot wide access within an easement from a public street in strict accord with the plan and any conditions required by the department of engineering.
(d) The covenants shall grant the city permission to enter the property to inspect any stormwater facility for proper functioning and maintenance. If the facility is not being maintained as required, the city will notify the property owner or lessee, as the case may be, in writing. If property owner or lessee, as the case may be, fails to repair or maintain the facility within the allotted time, the engineering director may authorize the work to be performed by the city or others. In such cases, property owner or lessee, as the case may be, shall reimburse the city for double its direct and related expenses. If the property owner or lessee, as the case may be, fails to reimburse the city, the city is authorized to file a lien for said costs against the property or the lessee's leasehold interest, as the case may be, and to enforce the lien by judicial foreclosure proceedings.
(e) Sediment removal and disposal shall be performed in accordance with all local, state, and federal laws. Guidelines for sediment removal and disposal are given in the city's LDM. The engineering director may stipulate additional guidelines if deemed necessary for public safety.
(Ord. No. O-139-04, § 1, 8-17-04; Ord. No. O-16-05, § 1, 1-18-05)
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