A resolution approving an Intergovernmental Agreement by and between Tennessee State University and The Metropolitan Government of Nashville and Davidson County, acting by and through its Department of Water Services, identifying the regulatory responsibilities of both Tennessee State University and the Department of Water Services, with respect to stormwater, floodplain and construction site management.

WHEREAS, the Department of Water Services, (“MWS”) is the primary manager of Metropolitan Government of Nashville and Davidson County’s MS4 permit, permit number TNS068047, and as such, reviews stormwater management plans, issues grading permits and performs inspections of all new development and redevelopment projects within their jurisdiction, including the regulation of development in the floodplain to manage flood risk in Davidson County; and,

WHEREAS, Tennessee State University (“TSU”), located within Davidson County, has obtained coverage under a MS4 permit, permit number TNS076066, and has begun implementation of their permit requirements within their jurisdiction, which includes regulation of stormwater discharges, implementation of long term operation and maintenance of stormwater components, plans review and inspection of construction activities, illicit discharge investigation, education, and other stormwater related activities; and,

WHEREAS, All MS4 permit holders are regulated by the Tennessee Department of Environment and Conservation (“TDEC”) and an annual report is required by each regulated MS4 permit holder, which is audited by TDEC to ensure that the permit requirements are being implemented; and,

WHEREAS, as both MWS and TSU are regulated by TDEC through their MS4 permits with respect to construction activities within their boundaries and are further regulated by the Tennessee General NPDES Permit for Discharges of Stormwater Associated with Construction Activities, an agreement between the parties is necessary to delineate their respective roles and responsibilities as required by their respective MS4 permits; and,

WHEREAS, Tennessee Code Annotated, Section 12-9-104(a)(2)(b), authorizes political subdivisions of the state to enter into cooperative agreements by resolution of the local governing body; and,

WHEREAS, it is the best interests of The Metropolitan Government of Nashville and Davidson County to enter into said agreement.


Section 1. That the Agreement with TSU, attached hereto as Exhibit A and incorporated herein by reference, is hereby approved, and that the Metropolitan Mayor is authorized to execute the same.

Section 2. That this resolution shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Anthony Davis, Edith Taylor Langster

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Referred to: Public Works Committee
Introduced: August 18, 2015
Adopted: August 18, 2015
Approved: August 19, 2015
By: Mayor's signature

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