2025 2 10 Work Session PACKET 1

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ORDINANCE NO. 1138 
Page 6 of 26 
 
(24) Monitoring refers to tracking or measuring activities, progress, results, etc., and 
can refer to non-analytical monitoring for pollutants by means other than 40 C.F.R. § 136 
(and other than state- or federally established protocols in the case of biological 
monitoring and assessments), such as visually or by qualitative tools that provide 
comparative values or rough estimates. 
(25) Municipality means any incorporated city or town, county, metropolitan or 
consolidated government, or special district of this state empowered to provide storm 
water facilities. 
(26) Operator means any person who owns, leases, operates, controls, or supervises a 
source. Including, but not limited to, an owner or operator of any “facility or activity” 
subject to regulation under the NPDES program. 
(27) Permanent Stabilization means that all soil disturbing activities at the site have 
been completed and one of the three following criteria is met: 
(a) A perennial, preferably native, vegetative cover with a uniform (i.e., evenly 
distributed, without large bare areas) density of at least 70 percent has been 
established on all unpaved areas and areas not covered by permanent structures, 
and all slopes and channels have been permanently stabilized against erosion; or, 
(b) Equivalent permanent stabilization measures such as the use of riprap; permanent 
geotextiles; hardened surface materials including concrete, asphalt, gabion baskets 
or Reno mattresses have been employed; or, 
(c) For construction projects on land used for agricultural or silvicultural purposes, 
permanent stabilization may be accomplished by returning the disturbed land to 
its preconstruction agricultural or silvicultural use. 
(28) Point source (or Outfall) means any discernible, confined, and discrete 
conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, 
discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill 
leachate collection system, vessel or other floating craft from which pollutants are or may 
be discharged. This term does not include introduction of pollutants from non-point 
source agricultural and silvicultural activities, including stormwater runoff from orchards, 
cultivated crops, pastures, range lands, forest lands or return flows from irrigated 
agriculture or agricultural stormwater runoff. In short, outfall is a point where runoff 
leaves the site as a concentrated flow in a clear, delineated conveyance.  
(29) Pollutant means sewage, industrial wastes, or other wastes. 
(30) Priority Construction means those construction activities discharging directly into, 
or immediately upstream of, waters the state recognized as unavailable condition for 
siltation or Exceptional Tennessee Waters. 
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