Subject: 9942/Code/31/StormWaterManagement Date: Mon, 27 Feb 1989 12:20:00 -0500 ORDINANCE NO. 9942 AN ORDINANCE TO ESTABLISH STORM WATER MANAGEMENT AND WATER QUALITY CONTROLS, PROGRAMS, REGULATIONS, PROHIBITIONS, AND PENALTIES BY ADDING A NEW ARTICLE VIII, CHAPTER 31, CHATTANOOGA CITY CODE, PART II, AND TO REPEAL CHATTANOOGA CITY CODE, PART II, SECTIONS 11-266 THROUGH 11-280. WHEREAS, uncontrolled storm water drainage and discharge may have a significant, adverse impact on the health, safety, and general welfare of Chattanooga and the quality of life of its citizens by carrying pollutants into the receiving community waters; and WHEREAS, The City of Chattanooga is required by federal law, particularly 33 U.S.C. A7 1342(p) and 40 CFR A7122.26, to obtain a National Pollutant Discharge Elimination System (NPDES) permit from the Tennessee Department of Environment and Conservation for storm water discharges from the Chattanooga Storm Water System. The NPDES permit requires the City to impose controls to reduce the discharge of pollutants in storm water to the maximum extent practicable using management practices, control techniques and system design and engineering methods, and such other provisions which are determined to be appropriate for the control of such pollutants. 0C NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE: SECTION 1. That Chattanooga City Code, Part II, be and is hereby amended to create a new Article VIII, Chapter 31, as follows: ARTICLE VIII. STORM WATER MANAGEMENT DIVISION 1. GENERALLY Sec. 31-301. Purpose. (a) It is the purpose of this article to protect, maintain, and enhance the environment of the City of Chattanooga and the short-term and long-term public health, safety, and general welfare of the citizens of Chattanooga by controlling discharges of pollutants to the Chattanooga Storm Water System and to maintain and improve the quality of the community waters into which the storm water outfalls flow, including without limitation, the lakes, rivers, streams, ponds, wetlands, sinkholes, and groundwater of Chattanooga. (b) It is further the purpose of this article to enable Chattanooga to comply with the National Pollution Discharge Elimination System permit (NPDES) and applicable regulations (40 CFR A7122.26) for storm water discharges. Sec. 31-302. Definitions. For the purpose of this article the following terms, phrases and words and their derivatives, shall have the meaning given herein: "Accidental Discharge" means a discharge prohibited by this article into the "Community Waters" or to the "Waters of the State" which occurs by chance and without planning or consideration prior to occurrence. 0C "Best Management Practices" or "BMPs" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of stormwater runoff. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. "Clean Water Act" means the Federal Water Pollution Control Act, as amended, codified at 33 U.S.C. A71251 et. seq. "Commercial" means property devoted in whole or in part to the commerce, that is, the exchange and buying and selling of commodities or services. The term shall include, by way of example but not of limitation, the following businesses: amusement establishments, animal clinics or hospitals, automobile service stations, new or used automobile dealerships, automobile car washes, automobile and vehicular repair shops, banking establishments, beauty and barber shops, bowling alleys, bus terminals and repair shops, camera shops, dental offices or clinics, day care centers, department stores, drug stores, funeral homes, furniture stores, gift shops, grocery stores, hardware stores, hotels, jewelry stores, laboratories, laundries and dry cleaning establishments, liquor stores, medical offices and clinics, motels, movie theaters, office buildings, paint stores or shops, parking lots, produce markets, professional offices, radio stations, repair establishments, retail stores, restaurants and similar establishments serving prepared food and beverages, rooming houses, shopping centers, stationary stores, television stations and production facilities, theaters, "Community Waters" means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wetlands, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the City of Chattanooga the waters into which the Chattanooga Storm Water System outfalls flow. 0C "Erosion and sediment control plan" means a written plan, including drawings or other graphic representations, for the control of soil erosion and sedimentation resulting from a land disturbing activity. "Impervious" means not allowing the passage of water through the surface of the ground or ground covering or a substantial reduction in the capacity for water to pass through the surface of the ground or ground covering. "Industrial" means a business engaged in industrial production or service, that is a business characterized by manufacturing or productive enterprise or a related service business. This term shall include, by way of example but not of limitation, the following: apparel and fabric finishers, blast furnace, blueprint and related shops, boiler works, cold storage plants, contractors plants and storage facilities, foundries, furniture and household good manufacturing, forge plants, foundries, greenhouses, junk yards, manufacturing plants, metal fabricating shops, ore reduction facilities, planing mills, rock crushers, rolling mills, saw mills, smelting operations, stockyards, stone mills or quarries, textile production, utility transmission or storage facilities, warehousing, and wholesaling facilities. "Institutional" means an established organization, especially of a public or eleemosynary character. This term shall include, by way of example but not of limitation, the following: churches, community buildings, colleges, day care facilities, dormitories, drug or alcohol rehabilitation facilities, fire halls, fraternal organizations, golf courses and driving ranges, government buildings, hospitals, libraries, kindergartens or preschools, nursing homes, mortuaries, schools, social agencies, synagogues, parks and playgrounds. "Manager" means the person designated by the city to supervise the operation of the storm water management system and who is charged with certain duties and responsibilities by this article, or his duly authorized representative. 0C "Multi-family Residential" means an apartment building or other residential structure built for three or more family units, mobile home parks with three or more units or lots under common ownership, and condominiums of three or more units. "National Pollution Discharge Elimination System" or "NPDES" permit means a permit issued pursuant to Section 402 of the Act (33 U.S.C. A71342). "Notice of Intent" (NOI) means a written notice by a discharger to the Commissioner of the Tennessee Department of Environment and Conservation, or his designee, that the person wishes his discharge to be authorized under a general permit authorized by state law or regulation, particularly Rule 1200-4-10-.04 or Rule 1200-4-10-.05, Rules and Regulations of the State of Tennessee. "Person" means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal represen- tatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context. "Pollution Prevention Plans" means a written site specific plan to eliminate or reduce and control the pollution of storm water through designed facilities, sedimentation ponds, natural or constructed wetlands, and best management practices. "Significant spills" includes, but is not limited to releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (see 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (see 40 CFR 302.4) "Storm Water" means storm water runoff, snow melt runoff, and surface runoff and drainage. "Storm Water Management" means the collection, conveyance, storage, treatment and disposal of storm water runoff in a manner to meet the objectives of this 0C article and its terms, including, but not limited to measures that control the increased volume and rate of storm water runoff and water quality impacts caused by manmade changes to the land. "Storm Water Management Plan" or "SWMP" means the set of drawings and other documents that comprise all of the information and specifications for the programs, drainage systems, structures, BMPs, concepts, and techniques for the control of storm water and which is incorporated as part of the NPDES permit for Chattanooga and as part of this article. "Toxic Pollutant" means any pollutant or combination of pollutants listed as toxic in 40 CFR Part 401 promulgated by the Administrator of the Environ- mental Protection Agency under the provisions of 33 U.S.C. A71317. "Variance" means the modification of the minimum storm water management requirements contained in this article and the Storm Water Management Plan for specific circumstances where strict adherence of the requirements would result in unnecessary hardship and not fulfill the intent of this article. "Water Quality" means those characteristics of storm water runoff that relate to the physical, chemical, biological, or radiological integrity of water. "Water Quantity" means those characteristics of storm water runoff that relate to the rate and volume of the storm water runoff. "Waters of the State of Tennessee" or "Waters of the State" means any water, surface or underground, within the boundaries of the state, which the Department of Environment and Conservation exercises primary control over with respect to storm water permits. Sec. 31-303. Same - Abbreviations. "BMP" means Best Management Practices. "CFR" means Code of Federal Regulations. 0C "NOI" means Notice of Intent. "NPDES" means National Pollutant Discharge Elimination System. "T.C.A." means Tennessee Code Annotated. "U.S.C." means United States Code. Secs. 31-304 -- 31-309. Reserved. DIVISION 2. APPLICATIONS AND PERMITS FOR INDUSTRIAL, COMMERCIAL, INSTITUTIONAL AND CERTAIN RESIDENTIAL FACILITIES Sec. 31-310. Existing facilities required to obtain permit. (a) Any existing Industrial, Commercial, Institutional, and multi-family or group residential facilities having an impervious surface greater than three thousand four hundred (3,400) square feet which discharges storm water into community waters and which does not have current NPDES permits issued by the Tennessee Department of Environment and Conservation authorizing a discharge storm water into the waters of the state will be required to develop Pollution Prevention Plans, and apply for a Chattanooga Storm Water Discharge Permit on or before the dates set forth in the following schedule: (1) Service stations and convenience stores by May 1, 1994; (2) Vehicular repair and vehicular parts repair shops by May 1, 1994; (3) Industrial, warehousing, and manufacturing facilities by May 1, 1995; (4) Commercial uses and institutional uses with six (6) or more parking places north of the Tennessee River by May 1, 1996; 0C (5) Commercial uses and institutional uses with six (6) or more parking places south of the Tennessee River by May 1, 1997; (6) Apartments and other multi-family or group residential uses with six (6) or more parking places by May 1, 1998. (b) These plans will be submitted to the Manager of the Storm Water Management Section for approval or denial. Upon approval, a permit will be issued within six (6) months of the submittal date, which will incorporate any approved Pollution Prevention Plans into the permit. The permit may require the facility to implement structural and non-structural Best Management Practices (BMP) to reduce pollution discharge. If the application is disapproved, the Manager shall notify the applicant of deficiencies and allow ninety (90) days for the application to be revised and re-submitted. If the noted deficiencies are not corrected within ninety (90) days, and the application re-submitted for approval or if after being submitted is disapproved, any discharge of storm water after that date into waters of the community shall be unlawful. Once issued, a permit shall be valid for five (5) years, unless sooner revoked for violations of permit conditions, changes in applicable law, or other good cause. (c) The application for a Chattanooga Storm Water Discharge Permit for an existing facility shall comply with the following: 1. A site map of facility showing buildings, parking, drives, materials loading and access areas, type of each impervious surface, ditches, pipes, catch basins, drainage basin limits, area of facility, acreage of off-site water draining onto facility, discharge points to "Waters of the State" or "Community Waters" with name of the water or drainage basin. This map will be a minimum of scale of 1"3D100'. 2. Description of facility, nature of work performed and type of facility. 0C 3. A narrative description of significant materials (as defined at 40 CFR A7122.26, November 16, 1990) that are currently or in the past have been treated, stored or disposed outside; method of on site storage or disposal; materials management practices used to minimize contact of these material with storm water runoff for the past three years and presently; materials loading and access area; the location and a description of existing structural and non-structural control measures to reduce pollutants in storm water runoff; and a description of any treatment the storm water receives; 4. Cleanup schedule for debris, material storage areas, garbage storage or disposal areas, or other areas that have the potential to pollute stormwater. 5. Description of plan of instruction to employees of all level in ways to prevent pollution. The plan shall identify periodic dates for such training. 6. Name of contact person for permit compliance, including job title, address, and phone number. 7. Maintenance schedule of sweeping or vacuuming of facility to prevent washout of a build-up of emissions laden with hydrocarbons, oxides, salts, metals, worn pavement particulates, hydrocarbons for leaks and spills, trash, debris, garbage, metals, tire particles, brake lining particles and various chemicals from the wear, deterioration, and deposition from vehicles. 8. Description of other ways the facility plans to implement programs to reduce the discharge of pollutants through stormwater flow. For each area of the facility that generates storm water discharges associated with an activity with a reasonable potential for containing 0C significant amounts of pollutants, a prediction of the direction of flow, and an estimate of the types of pollutants which are likely to be present in storm water discharges associated with industrial activity. 9. Each application shall include plans showing the construction of an appropriately sized grit sediment basin and oil skimmer structure for discharge outfalls into "Community Waters" in accordance with detail drawings of these structures are shown in the Stormwater Management Section Best Management Practices Manual. 10. Each application shall include a record of available sampling data describing pollutants in storm water discharges. 11. Each application shall include a preventive maintenance program that includes regular inspection and maintenance of storm water management devices (e.g. cleaning grit chambers, catch basins) as well as inspecting and testing plant equipment and systems to uncover conditions that could cause breakdowns or failures resulting in discharges of pollutants to surface waters. 12. Each application shall designate a person to keep record of incidents such as significant spills of toxic pollutants or other discharges which materially affect the storm water, along with other information describing the quality and quantity of storm water discharges. Inspections and maintenance activities shall be documented and recorded. Sec. 31-311. New facility permits. (a) All new "industrial", "commercial", "institutional", and "multi-family residential" facilities, and all new residential subdivisions of ten (10) or more lots shall obtain a Chattanooga Storm Water Discharge Permit prior to construction of the facility. This permit shall be required in addition to any permits 0C required by the State of Tennessee for storm water discharges associated with industrial activity or for storm water discharges associated with construction activity. (b) The minimum standards for issuance of a new facility permit shall be a pollution prevention plan, and either an approved NPDES permit from the Tennessee Department of Environment and Conservation for storm water discharges associated with construction activity or a land disturbing activity plan. The application for a new facility permit shall include: 1. If the facilities is to be covered under the Tennessee Department of Environment and Conservation General NPDES Permit for Storm Water Discharges Associated with Industrial Activity, a General NPDES Permit for Storm Water Discharges Associated with Construction Activity, or an individual NPDES permit, the owner or developer shall timely obtain such permits or file the Notice of Intent (NOI) and shall submit copies to the Manager. 2. The application for a new facility permit shall demonstrate how the owner or developer will insure that post-development off-site discharge rates shall not exceed the pre-development discharge rates. 3. Unless otherwise specified, off-site discharges for the existing and developed conditions shall be computed using the twenty-five (25) year return frequency, and Soil Conservation Service (SCS Type II) design. The design shall also show an evaluation of the result of the one hundred (100) year return frequency storm. 4. To reduce the "first flush" pollutant load, facilities shall be designed to capture the design storm in a detention or retention pond and achieve a ninety-six (96) hours drawdown time of the first three quarters(3/4) of an inch of the runoff. 0C 5. Detention or retention ponds shall have at least one (1) foot of freeboard above the design storm, provide a paved emergency overflow, and the maximum level in the pond to be one (1) foot below any finished floor level of the facility. Ponds shall also have permanent vehicle access for maintenance purposes. A plan for the routine maintenance of the ponds will be incorporated in the Pollution Prevention Plan. 6. Constructed wetlands may be used to deal with the "first flush" pollutant load instead of the ninety-six (96) hours drawdown. Grit trap and oil separators are to be installed upstream of the wetland to prevent contamination. 7. A Pollution Prevention Plan shall be prepared for the facility. This plan shall demonstrate how the facility will collect, control, and treat stormwater so as to control the quantity and quality of stormwater leaving the site. The plan shall include as necessary structural controls and non-structural Best Management Practices (BMP) adequate to prevent the violation of any water quality standard, and shall meet the provisions of Sections 301 and 402 of the Federal Water Pollution Control Act (BCT and BAT treatment requirements). (c) The Pollution Prevention Plan must be approved by the Manager prior to the issuance of a Certificate of Occupancy by the Building Official. Sec. 31-312. Permit application fees. (a) Each application for the issuance of a New Facility Permit under this article shall be accompanied by a minimum non-refundable fee of one hundred dollars ($100.00) plus such additional fees for land disturbing activity or industrial activity as may be required below. 0C (b) Each application for the issuance of a land disturbing permit under this article shall be accompanied by a nonrefundable permit fee thirty dollars ($30.00) per acre developed or a minimum fee of one hundred dollars ($100.00). (c) Each application for an existing facility permit required by Section 31-310 shall be accompanied by a fee of one hundred dollars ($100.00). Secs. 31-313 -- 31-319. Reserved. DIVISION 3. LAND DISTURBING ACTIVITY AND EROSION AND SEDIMENTATION CONTROL Sec. 31-320. Land disturbing activity. All land disturbing activities shall be in compliance with and permitted under this division of this article. If five acres or more are disturbed, an application shall be applied for under the "State of Tennessee's General NPDES Permit for Storm Water Discharges Associated with Construction Activity." If a Tennessee General NPDES Permit is applied for, a copy of the Notice of Intent (NOI) shall be sent to the Manager of the Storm Water Management Section. To seek coverage under the Tennessee Department of Environment and Conservation General Permit the NOI shall be submitted to the following address: Storm Water Coordinator Division of Water Pollution Control 150 Ninth Ave. North, 4th floor Tennessee Dept. of Environment and Conservation Nashville, TN 37243-1534 Sec. 31-321. Land disturbing activity regulated. (a) It shall be unlawful for any person to conduct or permit to be conducted any land disturbing activity upon land owned or controlled by them without a permit issued under this article or, if five acres or more are disturbed, a General Permit for Storm Water Discharges 0C Associated with Construction Activity from the Tennessee Department of Environment and Conservation with a copy provided to the Manager. For purposes of this article the phrase land disturbing activity is defined as follows: Land disturbing activity. Any land change which may result in soil erosion from water and wind and the movement of sediments into community waters or onto lands and roadways within the community, including, but not limited to, clearing, dredging, grading, excavating, transporting and filling of land, except that the term shall not include the following: (1) "Surface mining" as the same is defined in Tennessee Code Annotated Section 59-8-202; (2) Such minor land disturbing activities as home gardens and individual home landscaping, home repairs, home maintenance work, and other related activities which result in minor soil erosion; (3) The construction of single-family residences when built separately on lots within subdivisions which have been approved and recorded in the office of the Hamilton County Register, and when applicable for subdivisions of ten or more lots have been issued a permit under this article; provided that excavation is limited to trenches for the foundation, basements, service and sewer connections, and minor grading for driveways, yard areas and sidewalks; (4) Individual service and sewer connections for single- or two-family residences; (5) Agricultural practices involving the establishment, cultivation or harvesting of products of the field or orchard, preparing and planting of pasture land, forestry land management practices including harvesting, farm ponds, dairy operations, and livestock and poultry management practices, and the construction of farm buildings; 0C (6) Any project carried out under the technical supervision of the Soil Conservation Service of the United States Department of Agriculture; (7) Construction, installation or maintenance of electrical, telephone and cable television lines and poles; (8) Installation, maintenance and repair of any underground public utility lines when such activity occurs on an existing hard-surface road, street or sidewalk, provided the activity is confined to the area of the road, street or sidewalk which is hard-surfaced and a street, curb, gutter or sidewalk permit has been obtained; (9) Construction, repair or rebuilding of tracks or other related facilities of a railroad company; These activities may be undertaken without a permit; however, the persons conducting these excluded activities shall remain responsible for otherwise conducting those activities in accordance with the provisions of this article and other applicable law including responsibility for controlling sedimentation and runoff. (b) Best Management Practices for Land Disturbing Activities. The minimum standards for controlling erosion and sedimentation from land disturbing activities shall be set forth in the "Best Management Practices Manual," as adopted and amended from time to time by resolution approved by the City Council. The "General Criteria" handbook adopted by reference by Ordinance No. 8959, adopted June 21, 1988, shall be renamed "Best Management Practices Manual, and a copy of same shall be maintained on file in the offices of the Manager, the City Engineer, and the City Finance Officer. 0C Sec. 31-322. Land disturbing permit required. No land disturbing activity, whether temporary or permanent, shall be conducted within the City of Chattanooga until either a land disturbing permit shall have been issued by the Manager allowing such activity pursuant to the provisions of this article or pursuant to a General NPDES Permit for Storm Water Discharges Associated with Construction Activity issued by the Department of Environment and Conservation. Such permit shall be available for inspection by the Manager or Manager's representative on the job site at all times during which land disturbing activities are in progress. Such permit shall be required in addition to any building permit or other permit required upon the site. Sec. 31-323. Data required in land disturbing permit application. (a) Any application for the issuance of a land disturbing permit under this article shall include the following: (1) Name of applicant; (2) Business or residence address of applicant; (3) Name and address of owner of subject property; (4) Address and legal description of subject property; (5) Name and address of the contractor and any subcontractor(s) who shall perform the land disturbing activity and who shall implement the erosion and sediment control plan; (6) A statement setting forth the nature, extent and purpose of the land disturbing activity including the size of the area for which the permit shall be applicable and a schedule for the starting and completion dates of the land disturbing activity. 0C (b) Each application for a land disturbing permit shall be accompanied by a map or plat of the premises showing the present contour lines and the proposed contour lines resulting from the land disturbing activity in relation to all parts of the premises and the properties immediately adjacent thereto and in relation to all abutting street grades and elevations; such map or plat shall show all existing drainage facilities and the proposed permanent disposition of surface waters upon completion of the land disturbing activity. (c) Each application for a land disturbing permit shall be accompanied by an erosion and sediment control plan which shall accurately describe the potential for soil erosion and sedimentation problems resulting from the land disturbing activity and shall explain and illustrate the measures which are to be taken to control these problems. The length and complexity of the plan is to be commensurate with the size of the project, severity of the site condition, and potential for off-site damage; the plan shall contain a description of the existing site conditions, a description of adjacent topographical features, a description of soil types and characteristics in the area, potential problems of soil erosion and sedimentation, stabilization specifications, storm water management considerations, a time schedule for completion of the land disturbing activity and for maintenance after completion of the project, clearing and grading limits, and all other information needed to accurately depict solutions to potential soil erosion and sedimentation problems. Any erosion and sediment control plan shall meet the Best Management Practices Manual and shall be approved by the Manager prior to the issuance of the land disturbing permit. The land disturbing permit shall be issued promptly upon approval of the plan. (d) At any time the Manager determines that an erosion and sediment control plan does not comply with the provisions of this article, he shall notify the applicant in writing of all deficiencies within said plan. 0C Sec. 31-324. General requirements. No land disturbing activity shall be conducted within the city except in such manner that: (a) Stripping of vegetation, regrading and other development activities shall be conducted so as to minimize erosion. Clearing and grubbing must be held to the minimum necessary for grading and equipment operation. Pre-construction vegetative ground cover shall not be destroyed, removed or disturbed more than twenty (20) calendar days prior to grading or earth moving. Construction must be sequenced to minimize the exposure time of cleared surface area. (b) Property owners shall be responsible upon completion of land disturbing activities to leave slopes so that they will not erode. Such methods could include revegetation, mulching, rip-rapping, or gunniting. Regardless of the method used, the objective will be to leave the site as erosion-free and maintenance-free as practicable. (c) Whenever feasible, natural vegetation shall be retained, protected and supplemented. (d) Permanent or temporary soil stabilization must be applied to disturbed areas to the extent feasible within seven days on areas that will remained unfinished for more than thirty (30) calendar days. Permanent soil stabilization with perennial vegetation shall be applied as soon as practicable after final grading is reached on any portion of the site. Soil stabilization refers to measures which protect soil from the erosive forces of wind, raindrop impact and flowing water, and includes the growing of grass, sod, application of straw, mulch, fabric mats, and the early application of gravel base on areas to be paved. (e) A permanent vegetative cover shall be established on disturbed areas not otherwise permanently stabilized. (f) To the extent necessary, sediment in runoff water must be trapped by the use of debris basins, 0C sediment basins, silt traps or similar measures until the disturbed area is stabilized. (g) Neighboring persons and property shall be protected from damage or loss resulting from excessive storm water runoff, soil erosion or deposition upon private property or public streets of water transported silt and debris. Adjacent property owners shall be protected from land devaluation due to exposed bare banks. (h) Erosion and sediment control measures must be in place and functional before earth moving operations begin, and must be constructed and maintained throughout the construction period. Temporary measures may be removed at the beginning of the work day, but must be replaced at the end of the work day. (i) Structural controls shall be designed and maintained as required to prevent pollution. All surface water flowing toward the construction area shall to the extent practicable be diverted by using berms, channels, or sediment traps as necessary. Erosion and sediment control measures shall be designed according to the size and slope of disturbed or drainage areas, to detain runoff and trap sediment. Discharges from sediment basins and traps must be through a pipe or lined channel so that the discharge does not cause erosion. Muddy water to be pumped from excavation and work areas must be held in settling basins or treated by filtration prior to its discharge into surface waters where practicable. Waters must be discharged through a pipe or lined channel so that the discharge does not cause erosion and sedimentation. (j) All control measures shall be checked, and repaired as necessary, weekly in dry periods and within 24 hours after any rainfall of 0.5 inches with a 24 hour period. During prolonged rainfall, daily checking and repairing is necessary. The permittee shall maintain record of such checks and repairs. (k) A specific individual shall be designated to be responsible for erosion and sediment controls on each site. 0C (l) There shall be no distinctly visible floating scum, oil or other matter contained in the storm water discharge. The storm water discharge must not cause an objectionable color contrast in the receiving water. The storm water discharge must result in no materials in concentrations sufficient to be hazardous or otherwise detrimental to humans, livestock, wildlife, plant life, or fish and aquatic life in the receiving stream. (m) When the land disturbing activity is finished and stable perennial vegetation has been established on all remaining exposed soil, the developer shall notify the Manager of these facts and request termination of the permit issued under this section. The Manager shall then inspect the site within twenty (20) days after receipt of such notice, and when advisable may require additional measures to stabilize the soil and prevent erosion. If such requirements are given by letter, the owner or developer shall continue to be covered by this provisions of this section, until a request for termination of the permit has been accepted by the Manager. Sec. 31-325. Reserved. DIVISION 4. GENERAL REQUIREMENTS APPLICABLE TO ALL PERMITS ISSUED UNDER THIS ARTICLE Sec. 31-326. Maintenance and submittal of records. Appropriate proof and records of compliance with the provisions of the Chattanooga Storm Water Discharge Permit or Land Disturbing Permit will be maintained in the office of the designated contact person and be made available for review at any time by the Manager. A copy of the records of compliance will be sent yearly on the anniversary date of the permit to the Manager. Sec. 31-327. Transfer of permit. A Chattanooga Storm Water Discharge Permit or Land Disturbing Permit may be transferred only upon the filing of an amendment to the permit application or an amended or restated application containing all changes 0C from the original application providing there are no changes in the operation of the facility which may affect the quantity or quality of the storm water runoff. If there are to be any changes in the operation of he facility which may effect the quantity or quality of storm water runoff, then the new owner or operator shall re-apply for a Chattanooga Storm Water Discharge Permit or Land Disturbing Permit prior to the beginning of operation of the facility. The filing of an amended or restated application shall be treated as an interim permit allowing the continued operation of the facility pending review of the application by the Manager, which shall remain in force until the application shall be approved or denied by the Manager. Sec. 31-328. Signatory requirements. (a) All applications and reports required by this article to be submitted to the Manager shall be signed as follows: (1) Corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy-or decision-making functions for the corporation. (2) Partnership or sole proprietorship: by a general partner or the proprietor. (3) Municipality, State, Federal, or other public facility: by either a principal executive officer or the chief executive officer of the agency, or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency. (b) Any person signing any document above shall make the following certification: "I certify under the penalty of law that I have personally examined and am familiar with the information submitted in the attached document; and based on my inquiry of those individuals immediately responsible for obtaining the information. I believe the submitted information is true, accurate, and complete. I am aware that there are significant 0C penalties for submitting false information, including the possibility of fine and civil penalty." Sec. 31-329. Reserved. DIVISION 5. MONITORING AND INSPECTION Sec. 31-330. Monitoring. The Manager shall periodically monitor the quantity of, and the concentration of pollutants in storm water discharges from the areas and locations designated in the Chattanooga Storm Water Management Plan. Sec. 31-331. Detection of illicit connections and improper disposal. (a) The Manager shall take appropriate steps to detect and eliminate illicit connections to the Chattanooga Storm Water System, including the adoption of a program to screen illicit discharges and identify their source or sources. (b) The Manager shall take appropriate steps to detect and eliminate improper discharges, including programs to screen for improper disposal and programs to provide for public education, public information, and other appropriate activities to facilitate the proper management and disposal of used oil, toxic materials and household hazardous waste. Sec. 31-332. Inspections. (a) The Manager or his designee, bearing proper credentials and identification, may enter and inspect all properties for regular periodic inspections, investigations, monitoring, observation, measurement, enforcement, sampling and testing, to effectuate the provisions of this article and the storm water management program. The Manager or his designee shall duly notify the owner of said property or the representative on site and the inspection shall be conducted at reasonable times. 0C (b) Upon refusal by any property owner to permit an inspector to enter or continue an inspection, the inspector shall terminate the inspection or confine the inspection to areas concerning which no objection is raised. The inspector shall immediately report the refusal and the grounds to the Manager. The Manager may seek appropriate compulsory process. (c) In the event the Manager or his designee reasonably believes that discharges from the property into the Chattanooga Storm Water System may cause an imminent and substantial threat to human health or the environment, the inspection may take place at any time and without notice to the owner of the property or a representative on site. The inspector shall present proper credentials upon reasonable request by the owner or representative. (d) At any time during the conduct of an inspection or at such other times as the Manager or his designee may request information from an owner or representative, the owner or representative may identify areas of its facility or establishment, material or processes which contains or which might reveal a trade secret. If the Manager or his designee has no clear and convincing reason to question such identification, the inspection report shall note that trade secret information has been omitted. To the extent practicable, the Manager shall protect all information which is designated as a trade secret by the owner or their representative. Secs. 31-333 -- 31-339. Reserved. DIVISION 6. ENFORCEMENT AND ABATEMENT Sec. 31-340. Unauthorized discharge a public nuisance. Discharge of storm water in any manner in violation of this article or of any condition of a permit issued pursuant to this article or a stormwater discharge permit issued by the State of Tennessee is hereby declared a public nuisance and shall be corrected or abated. 0C Sec. 31-341. Illicit discharge and illegal dumping. The following direct or indirect discharges into "Community Waters" or "Waters of the State" are prohibited and shall be unlawful: (1) Sewage dumping or dumping of sewage sludge; (2) Chlorinated swimming pool discharge; (3) Discharge of any polluted household wastewater, such as but not limited to laundry washwater and dishwater, except to a sanitary sewer or septic system; (4) Leaking sanitary sewers and connections, which shall have remained uncorrected for seven days or more; (5) Leaking water lines shall have remained uncorrected for seven days or more; (6) Commercial, industrial or public vehicle wash discharge; (7) Garbage or sanitary waste disposal; (8) No dead animals or animal fecal waste shall be directly discharged or discarded into the "Community Waters" (9) No non-storm water discharges shall be discharged into the "Community Waters", except pursuant to a permit issued by the State of Tennessee or the City of Chattanooga; (10) No dredged or spoil material shall be directly or indirectly discharged or discarded into "Community Waters;" 09 (11) No solid waste shall be directly or indirectly discharged or discarded into "Community Waters;" 0C 09 (12) No chemical waste shall be directly or indirectly discharged or discarded into "Community Waters;" (13) No wrecked or discarded vehicles or equipment shall be discharged or discarded into "Community Waters." Sec. 31-342. Prohibition of pollutant discharge not covered by the NPDES Program. (a) A permit is a license to conduct an activity which is regulated by the Clean Water Act, the Water Pollution Control Act (T.C.A. A7 69-3-101, et seq) or this article. (b) Every person who is or who is planning to carry out any of the activities requiring a permit, shall obtain such a permit prior to carrying out such activities. (c) It shall be unlawful for any person to carry out any of the following activities, except in accordance with the conditions of a valid permit: (1) The alteration of the physical, chemical, radiological, biological, or bacteriological properties of any waters of the state or community waters; (2) The construction, installation, modification, or operation of any treatments works or part thereof, or any extension or addition thereto; (3) The increase in volume or strength of any wastes in excess of permissive discharges specified under any exiting permit; (4) The development of a natural resource or the construction, installation, or operation of any establishment or any extension or modification thereof or addition thereto; the operation of which will or is likely to cause an increase in the discharge of wastes into the waters of the waters of the state or would 0C otherwise alter the physical, chemical, radiological, biological or bacteriological properties of any waters of the state in any manner not already lawfully authorized; (5) The construction or use of any new outlet for the discharge of any wastes into the waters of the state; (6) The discharge of sewage, industrial wastes or other wastes into waters, or a location from which it is likely that the discharged substance will move into waters; (7) The discharge of sewage, industrial wastes, or other wastes into a well or a location that is likely that the discharged substance will move into a well, or the underground placement of fluids and other substances which do or may affect the waters of the state. Sec. 31-343. Accidental discharges. (a) In the event of any discharge or a hazardous substance in amounts which could cause a threat to public drinking supplies, a "significant spill", or any other discharge which could constitute a threat to human health or the environment, the owner or operator of the facility shall give notice to the Manager of Storm Water Management Section and the field office of Tennessee Department of Environment and Conservation as soon as practicable, but in no event later than the close of business on the day following the accidental discharge or the discharger becomes aware of the circumstances. If an emergency response by governmental agencies is needed, the owner or operator should also call 911 immediately to report the discharge. A written report must be provided within five days of the time the discharger becomes aware of the circumstances, unless this requirement is waived by the Manager for good cause shown on a case-by-case basis, containing the following particulars: 1) a description of the discharge, 2) the exact dates and times of discharge, and 3) steps being taken to eliminate and prevent recurrence of the discharge. 0C (b) The discharger shall take all reasonable steps to minimize any adverse impact to the "Community Waters" or the "Waters of Tennessee," including such accelerated or additional monitoring as necessary to determine the nature and impact of the discharge. It shall not be a defense for the discharger in an enforcement action that it would have been necessary to halt or reduce the business or activity of the facility in order to maintain water quality and minimize any adverse impact that the discharge may cause. (c) It shall be unlawful for any person to fail to comply with the provisions of this section. Sec. 31-344. Administrative Enforcement Remedies. (a) Notification of Violation. Whenever the Manager finds that any permittee or any person discharging storm water has violated or is violating this article, or a Storm Water permit or order issued hereunder, the Manager or his agent may serve upon said user written notice of the violation. Within 10 days of the receipt date of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the Manager. Submission of this plan in no way relieves the discharger of liability for any violations occurring before or after receipt of the notice of violation. (b) Consent Orders. The Manager is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the industrial user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to paragraph (d) below. (c) Show Cause Hearing. The Manager may order any person who causes or contributes to violation of this article or Storm Water permit or order issued hereunder, to show cause why a proposed enforcement action should 0C not be taken. Notice shall be served on the person specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action, and a request that the violator show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any principal executive, general partner or corporate officer. (d) Compliance Order. When the Manager finds that any person has violated or continues to violate this article or a permit or order issued thereunder, he may issue an order to the violator directing that, following a specified time period, adequate structures, devices, be installed or procedures implemented and properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the construction of appropriate structures, installation of devices, self-monitoring, and management practices. (e) Cease and Desist Orders. When the Manager finds that any person has violated or continues to violate this article or any permit or order issued hereunder, the Manager may issue an order to cease and desist all such violations and direct those persons in noncompliance to: (1) Comply forthwith; or (2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge. Sec. 31-345. Unlawful acts, misdemeanor. It shall be unlawful for any person to: (a) violate any provision of this article; (b) violate the provisions of any permit issued pursuant to this article; 0C (c) fail or refuse to comply with any lawful notice to abate issued by the Manager, which has not been timely appealed to Storm Water Regulations Board, within the time specified by such notice; or (d) violate any lawful order of the Storm Water Regulations Board within the time allowed by such order shall be guilty of a misdemeanor; and each day of such violation or failure or refusal to comply shall be deemed a separate offense and punishable accordingly. Any person found to be in violation of the provisions of this article shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense. Sec. 31-346. Civil penalty. (a) (1) Any person who does any of the following acts or omissions shall be subject to a civil penalty of up to five thousand dollars ($5,000) per day for each day during which the act or omission continues or occurs: (i) Who fails to obtain any permit required; (ii) Violates the terms or conditions of a permit issued pursuant to a pretreatment program; (iii) Violates a final determination or order of the Storm Water Regulations Board; or (iv) Violates any provisions of this article. (2) Any civil penalty shall be assessed in the following manner: (i) The Manager may issue an assessment against any person or permittee responsible for the violation; (ii) Any person against whom an assessment has been issued may secure a review of such assessment by filing with the Manager a written petition setting forth the grounds and 0C reasons for his objections and asking for a hearing in the matter involved before the Storm Water Regulations Board and if a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final; (iii) Whenever any assessment has become final because of a person's failure to appeal the Manager's assessment, the Manager may apply to the appropriate court for a judgment and seek execution of such judgment and the court, in such proceedings, shall treat a failure to appeal such assessment as a confession of judgment in the amount of the assessment; (iv) In assessing the civil penalty the Manager may consider the following factors: a) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity; b) Damages to the city, including compensation for the damage or destruction of public storm water facilities, and also including any penalties, costs and attorneys' fees incurred by the city as the result of the illegal activity, as well as the expenses involved in enforcing this article and the costs involved in rectifying any damages; c) Cause of the discharge or violation; d) The severity of the discharge and its effect upon public storm water facilities and upon the quality and quantity of the receiving waters; e) Effectiveness of action taken by the violator to cease the violation; 0C f) The technical and economic reasonableness of reducing or eliminating the discharge; and g) The economic benefit gained by the violator. (3) The Storm Water Regulations Board may establish by regulation a schedule of the amount of civil penalty which can be assessed by the Manager for certain specific violations or categories of violations. (b) Any civil penalty assessed to a violator pursuant to this section may be in addition to any civil penalty assessed by the Commissioner of Environment and Conservation for violations of T.C.A. A769-3-115; however, the sum of penalties imposed by this section and by A769-3-115 shall not exceed ten thousand dollars ($10,000) per day for each day during which the act or omission continues or occurs. Sec. 31-347. Judicial proceedings and relief. (a) The Manager may initiate proceedings in any court of competent jurisdiction against any person who has or is about to: (1) violate the provisions of this article; (2) violate the provisions of any permit issued pursuant to this article; (3) fail or refuse to comply with any lawful order issued by the Manager, which has not been timely appealed to the Storm Water Regulations Board, within the time allowed by this article; (4) violates any lawful order of the Storm Water Regulations Board within the time allowed by such order. (b) Any person who shall commit any act or fail to perform any act declared unlawful under this article 0C shall be guilty of a misdemeanor, and each day of such violation or failure shall be deemed a separate offense and punishable accordingly. (c) The Manager with consent of the Mayor may also initiate civil proceedings in any court of competent jurisdiction seeking monetary damages for any damages caused to publicly owned storm water facilities by any person, and to seek injunctive or other equitable relief to enforce compliance with the provisions of this article or to enforce compliance with any lawful orders of the Manager or the Storm Water Regulations Board. Sec. 31-348. Disposition of damage payments and penalties; special fund. All damages collected under the provisions of sections 31-346 and civil penalties collected under section 31-347, following adjustment for the expenses incurred in making such collections, shall be allocated and appropriated to the storm water system for the administration of its program. Sec. 31-349. Reserved. DIVISION 7. FEES Sec. 31-350. Levied. For the purpose of operating the storm water program of the City and the payment of the costs and expenses appurtenant, incident or necessary thereto for the construction, extension, enlargement, or acquisition of necessary storm water facilities or flood control improvement, including replacement thereof, and for the operation and maintenance thereof, there hereby is imposed a storm water user's fee upon the owner of property now served directly or indirectly by the city's storm sewer system at the rates set forth in this division. Sec. 31-351. Property owners to pay charges. The owner of each lot or parcel which directly or indirectly uses the storm water system maintained by the 0C City shall pay the storm water fees and charges as provided in this division. Sec. 31-352. Charges to be based upon area and intensity development factors. The charges for each lot or parcel shall be based upon the size of the lot or parcel and the category of land use as shown on the records of the Assessor of Property of Hamilton County and intensity development factors. The intensity development factor is based upon the relative degree of runoff of storm water anticipated from various uses of the land and proportions the cost based upon the estimated proportionate contribution to the total storm water runoff from all user classes, based upon such factors as impervious areas, the water quality of the user class runoff, storm water runoff and the volume or rate of runoff per user class. For ease of administration of the charges, single unit or two unit residential development shall be divided into categories, those with 10,000 square feet or less of land and those with greater than 10,000 square feet of land. The square footage for each parcel and the category of development shall be based upon the records maintained by the Assessor of Property of Hamilton County as the same may be changed from time to time; provided, that should an error in those records be brought to the attention of the City it shall seek to have the records corrected and shall adjust any erroneous charges made in reliance thereon. Sec. 31-353. Billing procedure. (a) The storm water charges shall become effective at the rates hereinafter imposed, shall be billed annually by the City Treasurer at the same time that the city's real property taxes are mailed, and shall be due and payable at the same time as property taxes, October 1 of each year. (b) The storm water charge shall be designated as a separate item on the property tax bill. (c) The storm water charge shall be paid in person or by mail at the City Treasurer's Office and shall become delinquent as of the next February 1 following 0C the billing. Any unpaid storm water charge shall bear interest at the legal rate if it remains unpaid after March 1. (d) Pursuant to section 13, Public Chapter Number 257, T.C.A. A768-221-1112, each bill that shall contain storm water charges shall contain the following statement in bold-faced type: "THIS TAX HAS BEEN MANDATED BY CONGRESS" Sec. 31-354. Schedule of charges. The annual storm water charge, fee, or tax shall be based upon the land area, the category of land use, and the intensity development factor as shown in the following table: Land Use Group IDF Annual Cost Residential with 2 or less 0.25 $24.00 units and located on a lot of 10,000 square feet or less Residential with 2 or less N/A $36.00 units and located on a lot of greater than 10,000 square feet Multi-family residential 0.60 $0.00576 times with 3 or more units the lot area in square feet Industrial 0.75 $0.0072 times the lot area in square feet Commercial 0.85 $0.00816 times the lot area in square feet Institutional 0.50 $0.0048 times the lot area in square feet 0C Transportation, Communication 0.70 $0.00672 times and Utility the lot area in square feet Recreational 0.05 $0.00048 times the lot area in square feet Roadway 0.00 $0.0000 times the lot area in square feet Agricultural 0.04 $0.000384 times the lot area in square feet Vacant 0.02 $0.000192 times the lot area in square feet Water 0.00 $0.00000 times the lot area in square feet Forest 0.00 $0.00000 times the lot area in square feet Other 0.00 $0.00000 times the lot area in square feet Sec. 31-355. Correction of erroneous billing. (a) Any owner or duly authorized agent may contest the accuracy of the charges imposed pursuant to this article by lodging with the Manager of the Storm Water Management Section a notice of protest. The Manager shall develop and maintain appropriate forms for the lodging of such protest, but any written protest shall be sufficient providing that it sets forth with particularity the nature of any errors allegedly committed in the computation of such bill. Such a protest may be filed without payment of the storm water fee on or before the first December 31 following the 0C billing, but thereafter the protest must be accompanied by payment of the bill and which shall be considered as payment under protest. (b) The Manager shall duly consider all notices of protest as soon as practicable, and when he or she shall agree with all or any portion of the protest shall adjust the billing in accordance with such factors as are in agreement. (c) If the Manager disapproves the protest in whole or in part, he or she shall notify the owner or duly authorized agent as soon as practicable. In no event shall there be more than a ninety (90) day delay in resolving any protest. In the event more than ninety (90) days elapses following the filing of the protest without a decision having been rendered by the Manager, the protest shall be deemed to have been denied. (d) If the owner disagrees with the administrative ruling of the Manager concerning a protest which was timely filed, the owner may within thirty (30) days following the date of the decision of the Manager appeal the bill and the Manager's administrative determination to the Storm Water Regulations Board by filing a notice of appeal to said board in care of the Administrator of the Department of Public Works, City Hall, Chattanooga, Tennessee, 37402, with a copy of said notice provided to the Manager. The Manager shall develop and maintain forms appropriate for filing the notice of appeal, but no particular form for such an appeal shall be required providing that the appeal sets forth with particularity the nature of the owner's complaint. (e) If a notice of appeal to the Storm Water Regulations Board is timely filed, the board shall schedule a time and place within which to consider the appeal. The hearing on such appeals shall be informal, but the owner and Manager will each be given the opportunity to present documentary evidence in support of their position and will be given the opportunity to address the board. The board shall receive such evidence relating to the matter as may be necessary to resolve the dispute, and shall render such determinations and issue such orders as the law and facts of the case may require. 0C Sec. 31-356. Adjustment for users constructing storm water retention and control facilities. (a) Upon application by any user adequately supported by documentation to show that the user has constructed facilities to retain and control the quantity of storm water runoff and the nature and extent of any such retention and control quantified by adequate data, the user shall be entitled to an adjustment of their storm water user fee as provided in this section. (b) The storm water user's fee shall be reduced by twenty-five percent (25%) for users who shall have constructed and properly maintained storm water detention facilities which are adequate in design and operation for a ten (10) year storm event and discharging at the pre-development rate into the storm water system or to other waters. (c) The storm water user's fee of commercial, industrial, institutional and multi-family residential users of the storm water system which shall have constructed and properly maintained storm water treatment facilities which are adequate in design and operation to treat or remove oil and other pollutants shall be reduced by twenty-five percent (25%) providing that the user can demonstrate that the facility removes at least eighty percent (80%) of the pollutant load which would otherwise go into the receiving storm water facility or other waters. (d) In the event the owner shall design and construct a storm water detention or treatment facility larger or technologically more advanced than necessary for present or anticipated future development of the owner's site which is used to remediate an existing water quantity or quality problem either upstream or downstream of the owner's facility, the owner may receive an additional twenty-five percent (25%) reduction in the owner's storm water fee. (e) The reductions authorized under sections b, c and d above shall be cumulative, providing that the total reduction in storm water users fee shall not exceed seventy-five percent of the fee as it would be 0C calculated without reduction for the construction and operation of storm water retention and treatment facilities. (f) The user shall make application to the Manager of the Storm Water Section for reductions in the storm water fee pursuant to this section. Each application shall be accompanied by plans or drawing of the storm water facility, and any claim of a reduction in the rate of reduction of storm water runoff or the quality thereof shall be supported by adequate data to demonstrate the accuracy of the claims. The Manager shall not be bound to accept such plans or data, but may make such independent investigation thereof as he or she may deem necessary to determine the accuracy of the claimed reductions. (g) To the extent that the Manager is satisfied that the reductions applied for are warranted by the circumstances, he shall reduce the bill as provided herein. If the fee shall have been paid, a refund shall be authorized to the extent warranted by the reductions. (h) The Manager shall act upon any application for a reduction in fees within ninety (90) days of the receipt thereof. In the event he shall not have acted upon same within this time, then the application shall be deemed to have been denied. (i) The user may appeal the denial by the Manager of any claimed reduction in the quantity or quality of the storm water runoff to the Storm Water Regulations Board by filing a written notice of appeal in care of he Administrator of Public Works within thirty (30) days following the action of the Manager. No particular form for a notice of appeal shall be required and any written notice setting forth with reasonable particularity the grounds for the appeal shall be acceptable, but the Manager shall develop and maintain a form for such purposes. A copy of the notice of appeal shall be filed with the Manager. Unless the Storm Water Regulations Board shall consent to an enlargement of the administrative record, the appeal shall be decided upon the plans and data submitted by the applicant in support of the claimed reduction and any information relating thereto generated by the Administrator in review of the 0C application. The board shall schedule a meeting to consider the appeal and both the applicant and the Manager shall be allowed to make a written and oral argument before the board in support of their respective positions. Secs. 31-357--31-359. Reserved. DIVISION 8. STORM WATER REGULATIONS BOARD Sec. 31-360. Established. There is hereby established a Board of seven (7) members to be known as the "Storm Water Regulations Board." Sec. 31-361. Composition; terms; filling vacancies. The seven (7) members of this board shall be appointed by the mayor, subject to the approval of the city council. The mayor shall appoint members with the following qualifications: one (1) environmental engineer or environmental scientist, one (1) attorney, one (1) person employed or retired from an industrial or commercial establishment regulated by this article, and one (1) person that is a member of an organized neighborhood organization or environmental group. The remaining three members shall not have any particular qualifications, but to the extent practical shall be selected to maintain diversity on the board. All members shall serve until their successor is appointed and all members shall serve at the pleasure of the mayor and the city council. In the event of a vacancy, the mayor shall appoint a member to fill the unexpired term subject to approval by the city council. The mayor shall select the chairman subject to approval by the city council. The board shall select its own vice chairman and secretary. All officers shall serve for terms of one (1) year. The members shall serve without compensation, but shall receive their actual expenses incurred in attending meetings of the board and the performance of any duties as members of the board. 0C Sec. 31-362. General duties of the board. In addition to any other duty or responsibility otherwise conferred upon the board by this chapter, the board shall have the duty and power as follows: (a) To recommend from time to time to the city council that it amend or modify the provisions of this article; (b) To hold hearings upon appeals from orders or actions of the Manager as may be provided under any provision of this chapter; (c) To hold hearings relating to the suspension, revocation, or modification of a storm water discharge permit and issue appropriate orders relating thereto; (d) To hold hearings relating to an appeal from a user concerning the accuracy of any fees imposed upon the user by this article; (e) To hold such other hearings as may be required in the administration of this chapter and to make such determinations and issue such orders as may be necessary to effectuate the purposes of this article; (f) To request assistance from any officer, agent, or employee of the city or the Chattanooga-Hamilton County Regional Planning Commission and to obtain such information or other assistance as the board might need; (g) The board acting through its chairman shall have the power to issue subpoenas requiring attendance and testimony of witnesses and the production of documentary evidence relevant to any matter properly heard by the board; and (h) The chairman, vice chairman or chairman pro tem shall be authorized to administer oaths to those persons giving testimony before the board. 0C Sec. 31-363. Variances. (a) The board may grant a variance from the requirements of this article providing to do so would not result in the violation of any state or federal law or regulation and if exceptional circumstances applicable to the site exist such that strict adherence to the provisions of this article will result in unnecessary hardship and will not result in a condition contrary to the intent of the ordinance. (b) A written petition for a variance shall be required and shall state the specific variance sought and the reasons, with supporting data, why a variance should be granted. The request shall include all information necessary to evaluate the proposed variance. The petition shall be filed with the Manager. (c) The Manager shall conduct a review of the request for a variance within ten (10) working days after receipt and may either support the petition or may object to the petition. If the Manager objects to the variance, he shall state the reasons therefor. (d) Once the Manager's review is complete or the ten (10) days for review have expired, the petition shall be subject to board action at the next regularly scheduled meeting or at a special meeting called in the discretion of the chair. Sec. 31-364. Meetings; quorum. (a) The board shall hold regular semiannual meetings and such special meetings as the board may find necessary. (b) Four (4) members of the board shall constitute a quorum, but a lesser number may adjourn a meeting from day to day. Any substantive action of the board shall require four (4) votes, but a majority of the quorum may decide any procedural matter. 0C Sec. 31-365. Hearing procedure; judicial review. (a) When to be held. The storm water regulations board shall schedule an adjudicatory hearing to resolve disputed questions of fact and law whenever provided by any provision of this article. (b) Record of hearing. At any such hearing, all testimony presented shall be under oath or upon solemn affirmation in lieu of oath. The board shall make a record of such hearing, but the same need not be a verbatim record. Any party coming before the board shall have the right to have such hearing recorded stenographically, but in such event the record need not be transcribed unless any party seeks judicial review of the order or action of the board by common law writ of certiorari, and in such event the parties seeking such judicial review shall pay for the transcription and provide the board with the original of the transcript so that it may be certified to the court. (c) Subpoenas. The chairman may issue subpoenas requiring attendance and testimony of witnesses or the production of evidence, or both. A request for issuance of a subpoena shall be made by lodging with the chairman at least ten (10) days prior to the scheduled hearing date a written request for a subpoena setting forth the name and address of the party to be subpoenaed and identifying any evidence to be produced. Upon endorsement of a subpoena by the chairman, the same shall be delivered to the chief of police for service by any police officer of the city, if the witness resides within the city. If the witness does not reside in the city, the chairman shall issue a written request that the witness attend the hearing. (d) Depositions. Upon agreement of all parties, the testimony of any person may be taken by deposition or written interrogatories. Unless otherwise agreed, the deposition shall be taken in a manner consistent with Rules 26 through 33 of the Tennessee Rules of Civil Procedure, with the chairman to rule on such matters as would require a ruling by the court under such rules. 0C (e) Hearing procedure. The party at such hearing bearing the affirmative burden of proof shall first call his witnesses, to be followed by witnesses called by other parties, to be followed by any witnesses which the board may desire to call. Rebuttal witnesses shall be called in the same order. The chairman shall rule on any evidentiary questions arising during such hearing and shall make such other rulings as may be necessary or advisable to facilitate an orderly hearing subject to approval of the board. The board, the Manager, or his representative, and all parties shall have the right to examine any witness. The board shall not be bound by or limited to rules of evidence applicable to legal proceedings. (f) Appeal to board of manager's order. Any person aggrieved by any order or determination of the Manager may appeal said order or determination to the board and have such order or determination reviewed by the board under the provisions of this section. A written notice of appeal shall be filed with the Manager and with the chairman, and such notice shall set forth with particularity the action or inaction the Manager complained of and the relief sought by the person filing said appeal. A special meeting of the board may be called by the chairman upon the filing of such appeal, and the board may in its discretion suspend the operation of the order or determination of the Manager appeals from until such time as the board has acted upon the appeal. (g) Absence of chairman. The vice-chairman or the chairman pro tem shall possess all the authority delegated to the chairman by this section when acting in his absence or in his stead. (h) Review of board's decision. Any person aggrieved by any final order of determination of the board hereunder shall have judicial review by common law writ of certiorari. 0C SECTION 2. That Chattanooga City Code, Part II, Sections 11-266 through 11-280 be and the same are hereby repealed. SECTION 3. That if any section, sub-section, phrase, clause or provision of this Ordinance be declared invalid by a court of competent jurisdiction, the same shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid. SECTION 4. That this Ordinance shall take effect two (2) weeks from and after its passage as provided by law. PASSED on Third and Final Reading August 31, 1993. s/s_________________________________ CHAIRPERSON APPROVED: X DISAPPROVED: _______ DATE: September 1, 1993. s/s_________________________________ MAM:cjc MAYOR