2025 10 13 Work Session Packet

Unverified text extraction. Check the original page for numbers, names, and layout.

ORDINANCE NO. 1145 
Page 1 of 1 
 
AN ORDINANCE TO AMEND TITLE 14, CHAPTER V “STORMWATER MANAGEMENT” , 
SECTION 14-128 AND SECTION 14-130 OF THE ATHENS CITY CODE. 
 
WHEREAS, 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 
 
WHEREAS, 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 
 
WHEREAS, 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 OF ATHENS 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. 
 
(52) 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. 
 
SECTION 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). 
 
SECTION 3. 
That this Ordinance shall take effect from and after its adoption, the public welfare requiring it.     
 
First Reading: September 16, 2025 Passed 
Public Hearing Notice: September 27, 2025 Published  
Date of Public Hearing October 21, 2025  
Second Reading: October 21, 2025  
 
 
ATTEST:   
  Larry Eaton, Mayor 
   
Randall Dowling, City Manager   
   
APPROVED AS TO FORM:   
   
   
Christopher M. Caldwell, City Attorney   
 
64