2022 10 18 City Council

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PUBLIC WORKS 
 
TO:  C. Seth Sumner, City Manager 
FROM:  Ben Burchfield, Public Works Director 
Cc:  Kevin Helm, Project Manager 
DATE:  October 4, 2022 
SUBJECT: Authorization to Submit NOI for TDEC Phase II MS4 Permit 
 
Background 
 
In response to the 1987 Amendments to the Clean Water Act (CWA), the U.S. Environmental Protection 
Agency (EPA) developed Phase I of the National Pollutant Discharge Elimination System ( NPDES) 
Stormwater Program in 1990. Under Phase I, EPA required NPDES permit coverage for stormwater 
discharges from "Medium" and "Large" MS4s located in incorporated places or counties with populations 
of 100,000 or more. 
 
The City of Athens maintains a phase II municipal separate storm sewer system (MS4) permit with the 
State of Tennessee Department of Environment & Conservation (TDEC). This permit is required of 
municipalities and other agencies that maintain stormwater systems that discharge into Waters of the 
State (WOTUS). Maintaining this permit is mandatory in order to comply with the State. The State has its 
own permit in order to comply with EPA NPDES requirements.  This is a cascading chain of responsibility 
that is federally mandated and unfunded as part of the NDPES program. 
 
Process 
 
Large and small MS4 permit cycles run a period of 5 years from issuance. The most recent version of the 
statewide permit requirements was issued  on September 1
st, 2022. The State, as part of its  permit with 
the EPA, requires that all currently permitted Tennessee MS4 permittees submit a Notice of Intent (NOI) 
for coverage to the State within 90 days of the permit being issued to maintain compliance. The NOI is a 
formal declaration by the permittee that it acknowledges new permit requirements, and that it intends 
to implement any policies, procedures, ordinances, and any other mechanisms as necessary within the 
State’s required timeline to satisfy requirements of the new permit. Athens is required to achie ve 
compliance within 12 months of issuance of Notice of Coverage (NOC). 
 
 
 
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