2025 2 10 Work Session PACKET 1

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PUBLIC WORKS 
 
 
TO:  Randall Dowling, City Manager 
FROM:  Kevin L. Helms, Project Manager/Interim Public Works Director 
Cc:  Ben Burchfield, Public Works Director 
DATE:  January 30, 2025 
SUBJECT: MSIV Stormwater Ordinance 
Background 
The MSIV Program is a result of the 1972 Clean Water Act which falls under the purview of the US EPA.  
The enforcement of the act has been delegated to the states and in our case is managed by TDEC.  TDEC 
has mandated that local governments implement a stormwater program which is monitored by TDEC for 
compliance. 
 
The City’s MSIV Program is established through a permit issued  to the City  by TDEC.  The program is 
required to have six minimum control measures upon which the City is audited.  These measures include 
permitting and inspecting certain developments within the City limits.  There are numerous other 
requirements associated with the program. 
 
The City is currently operating under a “small” Phase I permit which was developed when  the program 
was implemented at the local level.   The ordinance establishing the program in Athens  was adopted in 
December 2014.  The City is now required to update this ordinance so that we are operating under a 
“small” Phase II permit as required by TDEC.  The attached ordinance will amend the existing regulations 
to bring the City into compliance with the current requirements. 
 
The ordinance establishes the City’s authority to permit, inspect, and enforce compliance through  the 
program requirements.  The various sections within the ordinance are largely dictated by the TDEC.  While 
there is some local discretion within each section as to how exactly the program will be administered, 
much of the information is mandated by TDEC.  During annual program audits,  if TDEC determines 
administrative policies within the ordinance to be insufficient to meet their requirements, they will dictate 
modifications.  Failure to make the requested modifications places the City’s program in non-compliance 
and will subject the City to penalties which could include fines.   
 
As a result,  there are limits as to the extent of modifications which can be made to the ordinance as it 
relates to outcomes.  Modifications are generally limited to actions intended to achieve the required 
outcomes. 
 
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