2025 9 16 Regular Session Packet

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ORDINANCE NO. XXXX 
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AN ORDINANCE TO AMEND TITLE 14, CHAPTER V, SECTION 14 -128 AND 
SECTION 14-130 OF THE ATHENS CITY CODE. 
WH
EREAS, the City of Athens is required to comply with the Tennessee Department of 
Environment and Conservation (TDEC) National Pollutant Discharge Elimination System 
(NPDES) Small Municipal Separate Storm Sewer System (MS4) General Permit; and 
WH
EREAS, TDEC has clarified its requirements concerning manufactured treatment 
devices (MTDs) and total suspended solids (TSS) removal standards, including recognition of 
certification programs and the prohibition of sequential “treatment-train” designs for 
hydrodynamic separator devices; and 
WH
EREAS, it is necessary to amend the City Code to maintain compliance with state 
regulations and ensure the City’s stormwater management program reflects current standards; 
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF ATHENS, TENNESSEE AS FOLLOWS: 
SECTION 1. 
That Title 14, Chapter V, Section 14-128 of the Athens City Code is hereby amended to include 
the following two definitions, and that the definitions be renumbered accordingly: 
14-
128 Definitions
(26) New Jersey Department of Environmental Protection (NJDEP)  - is the state agency
responsible for managing New Jersey’s natural resources. Its Division of Water Quality
tests and certifies proprietary manufactured treatment devices (MTDs) used for
stormwater quality treatment and is recognized nationally for its testing standards certified
MTD list.
(51) Washington State Department of Ecology (WSDOE) - is the state agency responsible for
managing Washington State’s natural resources. It is responsible for the Technology
Assessment Protocol – Ecology, or TAPE, that tests and certifies proprietary
manufactured treatment devices (MTDs) used for stormwater quality treatment, and is
recognized nationally for its testing standards and certified MTD list.
SE
CTION 2.  
That Title 14, Chapter V, Section 14-130(4) of the Athens City Code is hereby amended to read 
as follows: 
14-
130 Permanent Stormwater Management: Design and Construction Inspection
(4) Total suspended solids (TSS) removal rate shall be the City’s recognized metric for the
reduction of pollutants in stormwater effluent. Design TSS removal rates for approved
MTDs shall be established by a 3rd party certification program recognized by the C ity.
The two certification programs currently recognized by the City include NJDEP and
WSDOE; additionally, use of sequential MTDs, e.g. a treatment train of two or more HDS
units, in an attempt to cumulatively meet the 80% TSS requirements are not recognized as
achieving such and shall not be permissible in permanent SCM design(s).
SE
CTION 3. 
That this Ordinance shall take effect from and after its adoption, the public welfare requiring it. 
FIRST READING: September 16, 2025 
PUBLIC HEARING NOTICE: September 24, 2025 
DATE OF PUBLIC HEARING: October 21, 2025 
SECOND READING: October 21, 2025 
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