Illicit Discharge Ordinance
The Code of the Metropolitan Government of Nashville and Davidson County, Tennessee
Title 15 WATER, SEWERS AND OTHER PUBLIC SERVICES
Chapter 15.64 STORMWATER MANAGEMENT
15.64.205 Non-stormwater discharges.
"Community waters" means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wetland, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the metropolitan government of Nashville and Davidson County.
"Contaminant" means any physical, chemical, biological or radiological substance or matter.
"Director" means the director of the metropolitan government of Nashville and Davidson County's department of public works, or his designee.
"Discharge" means any substance disposed, deposited, spilled, poured, injected, seeped, dumped, leaked, or placed by any means, intentionally or unintentionally, into community waters, the waters of the state, or any area draining directly or indirectly into the municipal stormwater system of the metropolitan government.
"Metropolitan Government" means the metropolitan government of Nashville and Davidson County.
"Municipal separate storm sewer system of the metropolitan government" means a conveyance, or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, and storm drains) designed or used for collecting or conveying stormwater; provided, however, that sanitary and combined sewers are not included in the definition of the municipal separate storm sewer system.
"Non-stormwater discharge" means any discharge to the municipal separate storm sewer system except as permitted by subsection C of this section.
"Waters of the state" means any water, surface or underground, lying within or forming a part of the boundaries of the metropolitan government of Nashville and Davidson County, over which the Tennessee Department of Environment and Conservation exercises primary control with respect to stormwater permits.
Except as hereinafter provided, all non-stormwater discharges into community waters, into the waters of the state, or into the municipal separate storm sewer system of the metropolitan government are prohibited and are declared to be unlawful.
Unless the director has identified them as a source of contaminants to community waters, the waters of the state, or the municipal separate storm sewer system of the metropolitan government, the following discharges are permitted:
- Stormwater as defined in TCA Section 68-221-1102(5);
- Water line flushing;
- Landscape irrigation;
- Diverted stream flows;
- Rising groundwaters;
- Uncontaminated groundwater infiltration (as defined at 40 CFR 35.2005(20)) to separate storm sewers;
- Uncontaminated pumped groundwater;
- Discharges from potable water sources;
- Foundation drains;
- Air conditioning condensate;
- Irrigation water;
- Water from crawl space pumps;
- Footing drains;
- Lawn watering;
- Individual residential car washing;
- Flows from riparian habitats and wetlands;
- Dechlorinated swimming pool discharges;
- Street wash waters resulting from normal street cleaning operations;
- Discharges or flows from emergency fire fighting activities.
The director, with the approval of the mayor, shall have authority to implement this section by appropriate regulations. Such regulations may include but are not limited to provisions for inspection of points of origin of known or suspected non-permitted discharges by appropriate personnel of the metropolitan government.
Discharges pursuant to a valid and effective NPDES permit issued by the state of Tennessee are not prohibited by this section.
The provisions of this section, including subsection C of this section, shall not apply to sanitary or combined sewers, which are governed by Chapter 15.40 of the Metropolitan Code of Laws.
Violation of this section shall subject the violator to a civil penalty of not less than fifty dollars nor more than five thousand dollars per day for each day of violation. Each day of violation may constitute a separate violation. (Ord. BL2001-642 § 2, 2001; Ord. 97-1016 §§ 1--7, 1998)