2025 3 10 Work Session Packet 1

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ORDINANCE NO. 1138 
Page 2 of 19 
 
(vii.) Regulate and prohibit discharges into stormwater facilities of sanitary, 
industrial, or commercial sewage or waters that have otherwise been 
contaminated; and 
(viii.) Expend funds to remediate or mitigate the detrimental effects of 
contaminated land or other sources of stormwater contamination, whether 
public or private. 
(2) Administering entity.  The City of Athens shall administer the provisions of this chapter. 
(3) Stormwater management ordinance.  The intended purpose of this ordinance is to 
safeguard property and public welfare by regulating stormwater drainage and requiring 
temporary and permanent provisions for its control.  It should be used as a planning and 
engineering tool for permit compliance and to facilitate the necessary control of 
stormwater. 
14-502. Definitions.
    
For the purpose of this chapter, the following definitions shall apply:   
Words used in the singular shall include the plural, and the plural shall include the singular; 
words used in the present tense shall include the future tense.  The word “shall” is mandatory and 
not discretionary.  The word “may” is permissive.  Words not defined in this section shall be 
construed to have the meaning given by common and ordinary use as defined in the latest edition 
of Webster’s Dictionary. 
(1) Administrative or Civil Penalties - Under the authority provided in Tennessee Code 
Annotated   § 68-221-1106, the City of Athens declares that any person violating the 
provisions of this chapter may be assessed a civil penalty by the City of not less than fifty 
dollars ($50.00) and not more than five thousand dollars ($5,000.00) per day for each day 
of violation.  Each day of violation shall constitute a separate violation. 
(2) Analytical monitoring - Test Procedures for the Analysis of Pollutants - Test procedures 
for the analysis of pollutants shall conform to regulations published pursuant to Section 
304 (h) of the Clean Water Act (the "Act"), as amended, under which such procedures 
may be required. Pollutant parameters shall be determined using sufficiently sensitive 
methods in Title 40 C.F.R.    § 136, as amended, and promulgated pursuant to Section 304 
(h) of the Act. The chosen methods must be sufficiently sensitive as required in state rule 
0400-40-03-.05(8). 
(3) Aquatic Resource Alteration Permit (ARAP) - physical alterations to properties of the 
waters of the state require an ARAP or a §401 Water Quality Certification (§401 
certification).  ARAP means a permit issued pursuant to T.C.A. § 69-3-108 of the Act, 
which authorizes the alteration of properties of waters of the state that result from 
activities other than discharges of wastewater through a pipe, ditch, or other conveyance. 
(4) As built plans (record drawings) mean drawings depicting conditions as they were 
actually constructed. 
(5) Best Management Practices (“BMPs”) means schedules of activities, prohibitions of 
practices, maintenance procedures and other management practices to prevent or reduce 
the discharge of pollutants to waters of the state. BMPs also include treatment 
requirements, operating procedures; and practices to control plant site runoff, spillage, 
leaks, sludge or waste disposal, or drainage from raw material storage. BMPs include 
source control practices (non-structural BMPs) and engineered structures designed to 
treat runoff.  
(a) Structural BMPs are facilities that help prevent pollutants in stormwater runoff 
from leaving the site. 
(b) Non-structural BMPs are techniques, activities and processes that reduce 
pollutants at the source. 
(6) BMP Manual provides technical guidance including additional policies, criteria, 
standards, specifications, constants, and information for the proper implementation of the 
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