Legal Documents of Gatlinburg

1. Stormwater design or BMP manual.
   1. Adoption. The City of Gatlinburg adopts as its stormwater design and Best Management Practices (BMP) manual the following publications, which are incorporated by reference in this ordinance as is fully set out herein:
      1. Current TDEC sediment and erosion control manual;
      2. Current TDEC manual for post construction stormwater facilities and BMPs that are designed, constructed and maintained in accordance with these BMP criteria will be presumed to meet the minimum water quality performance standards.
   2. The BMP manual includes a list of acceptable BMPs including the specific design performance criteria and operation and maintenance requirements for each stormwater practice. The BMP manual may be updated and expanded from time to time by ordinance, of the governing body of the City of Gatlinburg, upon the recommendation of the City of Gatlinburg Public Works Department, based on improvements in engineering, science, monitory and local maintenance experience. Stormwater facilities that are designed, constructed and maintained in accordance with these BMP criteria will be presumed to meet the minimum water quality performance standards.
2. General performance criteria for stormwater management. The following performance criteria shall be addressed for stormwater management at all sites:
   1. All site designs shall control the peak flow rates of stormwater discharge associated with a 2-year, twenty-four (24) hour frequency design storms to reduce the generation of post construction stormwater runoff to pre-construction levels. These practices should seek to utilize pervious areas for stormwater treatment and to infiltrate stormwater runoff from driveways, sidewalks, rooftops, parking lots, and landscaped areas to the maximum extent practical to provide treatment for both water quality and quantity.
   2. To protect stream channels from degradation, specific channel protection criteria shall be provided as prescribed in the BMP manual.
   3. Stormwater discharges to critical areas with sensitive resources (i.e., cold water fisheries, shellfish beds, swimming beaches, recharge areas, water supply reservoirs) may be subject to additional performance criteria, or may need to utilize or restrict certain stormwater management practices.
   4. Stormwater discharges from hot spots may require the application of specific structural BMPs and pollution prevention practices.
   5. Prior to or during the site design process, applicants for land disturbance permits shall consult with the City of Gatlinburg Public Works Department to determine if they are subject to additional stormwater design requirements.
   6. The calculations for determining peak flows as found in the BMP manual shall be used for sizing all stormwater facilities.
   7. In conjunction with Federal Emergency Management Agency (FEMA) requirements, stormwater receiving inlets shall not restrict the flow of floodwaters resulting in increased flood heights.
3. Minimum control requirements.
   1. Stormwater designs shall meet the multi-stage storm frequency storage requirements as identified in the BMP manual.
   2. If hydrologic or topographic conditions warrant greater control than that provided by the minimum control requirements, the City of Gatlinburg Public Works Department may impose any and all additional requirements deemed necessary to control the volume, timing, and rate of runoff.

4. Stormwater management plan requirements. The stormwater management plan shall include sufficient information to allow the City of Gatlinburg Public Works Department to evaluate the environmental characteristics of the project site, the potential impacts of all proposed development of the site, both present and future, on the water resources, and

   the effectiveness and acceptability of the measures proposed for managing stormwater generated at the project site. To accomplish this goal the stormwater management plan shall include the following:

   1. Topographic base map: A 1" = one hundred feet (100') topographic base map of the site which extends a minimum of one hundred feet (100') beyond the limits of the proposed development and indicates:
      1. Existing surface water drainage including streams, ponds, culverts, ditches, sinkholes, wetlands, high quality and/or impaired streams, and the type, size, elevation, etc., of nearest upstream and downstream drainage structures;
      2. Current land use including all existing structures, locations of utilities, roads, and easements;
      3. All other existing significant natural and artificial features;
      4. Proposed land use with tabulation of the percentage of surface area to be adapted to various uses; drainage patterns; locations of utilities, roads and easements; the limits of clearing and grading;
      5. Proposed structural BMPs;
      6. A written description of the site disturbance activity and justification of any proposed changes in natural conditions may be required.
      7. Erosion and sediment controls must be properly selected and installed in accordance with good engineering practices before earth moving operations begin. Effective erosion prevention and sediment controls should be designed, installed and maintained to minimize the discharge of pollutants. At a minimum, such controls must be designed, installed and maintained to:
         1. Control stormwater volume and velocity within the site to minimize soil erosion;
         2. Control stormwater discharges, including both peak flow rates and total stormwater volume, to minimize erosion at outlets and to minimize downstream channel stream bank erosion;
         3. Minimize the amount of soil exposed during construction activity;
         4. Minimize the disturbance of steep slopes;
         5. Eliminate ( or minimize if complete elimination is not possible) sediment discharges from the site. The design, installation and maintenance of erosion prevention and sediment controls must address factors such as the design storm and soils characteristics, including the range of soil particle sizes expected to be present on the site;
         6. Provide and maintain natural buffers around surface waters, direct stormwater to vegetated areas to increase sediment removal and maximize stormwater infiltration, unless unfeasible; and
         7. Minimize soil compaction and, unless unfeasible, preserve topsoil.
      8. Temporary measures may be removed at the beginning of the day but must be replaced at the end of the work day;
      9. Construction must be sequenced and phased on all projects regardless of size as a major practice to minimize exposure of bare soil and limit sediment discharges. Construction must be phased to keep the total disturbed area less than fifty (50) acres at any one (1) time;
      10. Pre-construction vegetative ground cover shall not be disturbed more than fifteen (15) days prior to grading or earth moving unless the area is seeded or mulched or other temporary cover is installed. Erosion prevention and sediment control measures must be in place and functional before earth moving activities begin, and must be constructed and maintained throughout the construction period;
      11. For common drainage locations that serve ten (10) or more acres disturbed at one (1) time, a temporary or permanent sediment basin must be installed, or five (5) or more acres if draining to impaired or exceptional quality waters;
      12. Soil stabilization measures shall be initiated within seven (7) days on a portion where construction activity has temporarily or permanently ceased. Where precluded by snow cover or frozen ground conditions stabilization measures shall be initiated as soon as possible. Stabilization measures do not have to be initiated where disturbing activities will resume within fifteen (15) days;
      13. Temporary or permanent soil stabilization shall be accomplished within fifteen (15) days after final grading or other earth work. For steep slopes, temporary stabilization must begin no later than seven (7) days after construction activity on the slope has temporarily or permanently ceased;
      14. Sediment should be removed from sediment traps, silt fences, sedimentation ponds and other sediment controls as necessary and must be removed when design capacity has been reduced by fifty percent (50%);
      15. Soil, sediment, and debris brought onto streets, roads and public ways must be removed by the end of the work day by machine, broom, shovel, etc. to the satisfaction of the authority. Any time work is performed on or adjacent to any road in the City of Gatlinburg, safety will be the primary consideration. Safety considerations will extend to the travelling public, local bystanders, and work crews. Work crews will strictly adhere to the Manual of Uniform Traffic Control Devices, Part VI, Work Zone Safety. Failure to remove the sediment, soil or debris shall be deemed as a violation of this ordinance.
      16. Whenever construction access routes intersect paved public roads, provisions must be made to minimize the transport of sediment off site. A gravel designated construction entrance should extend a minimum of fifty feet (50') from the edge of the hard surface of the public road onto the site;
      17. Public roads should be thoroughly cleaned of any sediment transported off the site by the end of each work day or more often if deemed necessary;
      18. A permanent vegetative cover shall be established on areas subject to land disturbing activity not otherwise permanently stabilized. Established permanent vegetation should be mature enough to control soil erosion satisfactorily and to survive weather conditions;
      19. Operators of construction sites must control waste such as litter, construction debris, chemicals, concrete truck washout and sanitary waste from being a source of stormwater pollution. After use, silt fences should be removed and disturbed areas stabilized;
   2. Calculations: Hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in the BMP manual. These calculations must show that the proposed stormwater management measures are capable of controlling runoff from the site in compliance with this ordinance and the guidelines of the BMP manual. Such calculations shall include:
      1. A description of the design storm frequency, duration, and intensity where applicable;
      2. Time of concentration;
      3. Soil curve numbers or runoff coefficients including assumed soil moisture conditions;
      4. Peak runoff rates and total runoff volumes for each watershed area;
      5. Infiltration rates, where applicable;
      6. Culvert, stormwater sewer, ditch and/or other stormwater conveyance capacities;
      7. Flow velocities;
      8. Data on the increase in rate and volume of runoff for the design storms referenced in the BMP manual; and
      9. Documentation of sources for all computation methods and field test results.
      10. All documents must be sealed and certified by a professional engineer licensed to practice in the State of Tennessee.
      11. Documentation detailing the amount of water for infiltration, evapotranspiration, harvest and/ or reuse as required by runoff reduction requirements.
      12. Any calculations documenting credits for meeting terms of incentives standards for runoff reduction.
      13. Calculations of amounts of rainfall that must be treated prior to discharge with a technology reasonably expected to remove eighty percent (80%) of the Total Suspended Solids (TSS) where runoff reduction standards cannot be met.
      14. Calculations for the amount of rainfall to be mitigated if runoff reduction cannot be accomplished;
      15. Other calculation information and requirements:
          1. If hydrologic or topographic conditions warrant greater control than that provided by the minimum control requirements, the city may impose any and all additional requirements deemed necessary to control the volume, timing, and rate of runoff;
          2. Projects discharging to waters considered impaired by sediment or habitat alteration due to in-channel erosion, the SWPPP shall include a description of measures that will be installed during the construction process to control pollutants and any increase in the volume of stormwater discharges that will occur after construction operations have been completed by the developer. For steep slope sites, the SWPPP shall also include a description of measures that will be installed to dissipate the volume and energy of the stormwater runoff to pre-development levels;
          3. Velocity dissipation devices shall be placed at locations and along the length of any outfall channel to provide a non-erosive velocity flow from the structure to the receiving stream so that the natural physical and biological characteristics and functions of the stream are maintained and protected (e.g. there should be no significant changes in the hydrological regime of the receiving water). The SWPPP shall include an explanation of the technical basis used to select the velocity dissipation devices to control pollution where flows exceed pre-development levels. The Tennessee Erosion and Sediment Control Handbook provides measures that can be incorporated into the design or implemented on site to decrease erosive velocities. An Aquatic Resources Alteration Permit (ARAP) may be required if such velocity dissipation devices installed would alter the receiving stream and/or its bank.
   3. Soils Information:
      1. If a stormwater management (post construction) control measure depends on the hydrologic properties of soils (e.g., infiltration basins), then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles and soil survey reports. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soil types present at the location of the control measure.
      2. Instances in which pipes, culverts, or other types of stormwater or utility conduits are located within and/or pass through an earthen berm, special care shall be taken to choose an appropriate soil type, which is properly compacted so that all piping remains stable and watertight.
   4. Runoff reduction. As required by the NPDES general permit for discharges from a small Municipal Separate Storm Sewer System (MS4s), runoff reduction is required by this ordinance. Site design for all new and redevelopment projects in urbanized areas require, in combination or alone, management measures that are designed, built and maintained to infiltrate, evapotranspire, harvest and/or use, at a minimum, the first inch of every rainfall event preceded by seventy-two (72) hours of no measurable precipitation. This first inch of rainfall must be one hundred percent (100%) managed with no discharge to surface waters.
      1. Limitations to the application of runoff reduction requirements include, but are not limited to:
         1. Where a potential for introducing pollutants into the groundwater exists, unless pretreatment is provided;
         2. Where pre-existing soil contamination is present in areas subject to contact with infiltrated runoff;
         3. Presence of sinkholes or karst features;
      2. Pre-development infiltrative capacity of soils at the site must be taken into account in selection of runoff reduction management measures.
      3. Incentive standards for redeveloped sites: a ten percent (10%) reduction in the volume of rainfall to be managed for any of the following types of developments. Such credits are additive so that a maximum reduction of fifty percent (50%) of the runoff reduction requirements for a project that meets all five (5) criteria:
         1. Redevelopment;
         2. Brownfield redevelopment;
         3. High density (>7 units per acre);
         4. Vertical density;
         5. Mixed use and transit oriented development (within one-half (1/2) mile).

   5. Pollutant removal. For projects in urbanized areas that cannot meet one hundred percent (100%) of the runoff reduction requirement unless subject to the incentive standards, the remainder of the stipulated amount of rainfall must be treated prior to discharge with a technology reasonably expected to remove eighty percent (80%) of the total suspended solids (TSS). The treatment technology must be designed, installed and maintained to continue to meet this performance standard in perpetuity.

      A determination that standards cannot be met on site may not be based solely on the difficulty or cost of implementing measures, but must include multiple criteria that would rule out an adequate combination of filtration, evapotranspiration and reuse such as: lack of available area to create the necessary infiltrative capacity; a site use that is inconsistent with capture and reuse stormwater; physical conditions that preclude use of these practices.

   6. Off-site mitigation. For projects in urbanized areas that cannot meet one hundred percent (100%) of the runoff reduction requirements, the Authority may allow runoff reduction measures to be implemented at another location within the same USGS twelve (12) digit Hydrologic Unit Code (HUC) as the original project. Off-site mitigation must be a minimum of one and one-half (1.5) times the amount of water not managed on site. The off-site mitigation location (or alternative location outside the HUC 12) and runoff reduction measures must be approved by the authority. The authority shall identify priority areas within the watershed in which mitigation projects can be completed by the applicant. The authority will select the mitigation project from an inventory of appropriate mitigation projects. The project must meet appropriate institutional standards and provide whatever effort is required to assist the authority to value, to evaluate, and track the transaction. Mitigation can be used for retrofit or redevelopment projects, but should be avoided in areas of new development.
   7. Payment into public stormwater project fund. For projects in urbanized areas that cannot meet one hundred percent (100%) of the runoff reduction, pollutant removal requirements, or provide for off-site mitigation, the MS4 may allow the owner to make payment into a public stormwater project fund established by the MS4. Payment into a public stormwater project fund must be at a minimum of one and one-half (1.5) times the estimated cost of on-site runoff reduction controls.
   8. Maintenance and repair plan. The design and planning of all stormwater management facilities shall include detailed maintenance and repair procedures to ensure their continued performance. These plans will identify the parts or components of a stormwater management facility that need to be maintained and the equipment and skills or training necessary. Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures shall be included in the plan. A permanent elevation benchmark shall be identified in the plans to assist in the periodic inspection of the facility.
   9. Landscaping plan. The applicant must present a detailed plan for management of vegetation at the site after construction is finished, including who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetative cover is preserved. Where it is required by the BMP, a registered landscape architect licensed in Tennessee must prepare this plan. This landscaping plan shall comply with the City of Gatlinburg Zoning Ordinance.
   10. Maintenance easements. The applicant must ensure access to the site for the purpose of inspection and repair by securing all the maintenance easements needed. These easements must be binding on the current property owner and all subsequent owners of the property and must be properly recorded in the Sevier County Register of Deeds.
   11. Maintenance agreement:
       1. The owner of property to be served by an on-site stormwater management facility must execute an inspection and maintenance agreement that shall operate as a deed restriction binding on the current property owner and all subsequent property owners and shall be recorded in the Sevier County Register of Deeds Office.
       2. The maintenance agreement shall:
          1. Assign responsibility for the maintenance and repair of the stormwater facility to the owner of the property upon which the facility is located and be recorded as such on the plat for the property by appropriate notation.
          2. Provide for a periodic inspection by the property owner for the purpose of documenting maintenance and repair needs and ensure compliance with the purpose and requirements of this ordinance. The property owner will arrange for this inspection to be conducted by a registered professional engineer licensed to practice in the State of Tennessee who will submit a sealed report of the inspection to the City of Gatlinburg Public Works Department. It shall also grant permission to the city to enter the property at reasonable times and to inspect the stormwater facility to ensure that it is being properly maintained.
          3. Provide that the minimum maintenance and repair needs include, but are not limited to: the removal of silt, litter and other debris, the cutting of grass, grass cuttings and vegetation removal, and the replacement of landscape vegetation, in detention and retention basins, and inlets and drainage pipes and any other stormwater facilities. It shall also provide that the property owner shall be responsible for additional maintenance and repair needs consistent with the needs and standards outlined in the BMP manual.
          4. Provide that maintenance needs must be addressed in a timely manner, on a schedule to be determined by the City of Gatlinburg Public Works Department.
          5. Provide that if the property is not maintained or repaired within the prescribed schedule, the City of Gatlinburg Public Works Department shall perform the maintenance and repair at its expense, and bill the same to the property owner. The maintenance agreement shall also provide that the City of Gatlinburg Public Works Department cost of performing the maintenance shall be a lien against the property, and shall run with the land and be recorded in the Sevier County Register of Deeds Office.
       3. The city shall have the discretion to accept the dedication of any existing or future stormwater management facility, provided such facility meets the requirements of this ordinance. This also includes adequate and perpetual access and sufficient areas, by easement or otherwise, for inspection and regular maintenance. Any stormwater facility accepted by the city must also meet the city's construction standards and any other standards and specifications that apply to the particular stormwater facility in question.
   12. Sediment and erosion control plans. The applicant must prepare a sediment and erosion control plan for all construction activities that complies with §18-404(5) below.
   13. Buffer plans. The applicant must prepare a buffer plan for all streams, rivers, creeks, ponds, lakes, or other bodies of water that complies with § 18-404(6) below.

5. Sediment and erosion control plan requirements. The sediment and erosion control plan shall accurately describe the potential for soil erosion and sedimentation problems resulting from land disturbing activity and shall explain and illustrate the measures that are to be taken to control these problems. The length and complexity of the plan is to be commensurate with the size of the project, severity of the site condition, and potential for off-site damage. The plan shall incorporate designs and standards as described in the current BMP manual adopted in § 18-404 as well as the current TNCGP (Tennessee Construction General Permit). When required, a registered professional engineer licensed in the state of Tennessee shall seal the plan. The plan must:

   1. Identify all potential sources of pollution which are likely to affect the quality of stormwater discharges from the construction site;
   2. Describe practices to be used to reduce pollutants in stormwater discharges from the permitted construction sites;
   3. Assure compliance with the terms and conditions of this permit.

   Erosion prevention and sediment control measures shall be designed according to the size and slope of disturbed drainage areas with the goal of detaining runoff and trapping sediment. Erosion prevention and sediment controls shall be designed to control the rainfall and runoff from a 2-year, 24-hour storm, as a minimum, either from total rainfall in the designated period or the equivalent intensity as specified on the following website http://hdsc.nws.noaa.gov/hdsc/pdfs/orb/tn_pdfs.html. These specific details for constructing stabilized construction entrance/exits, concrete washouts, sediment basins for controlling erosion, and road access points, etc., should be designed to eliminate or keep soils, sediment, and/or debris to a minimum. For sites with over ten (10) acres disturbed at one (1) time a temporary (or permanent) sediment basin that provides storage for a calculated volume of runoff from a 2-year, 24-hour storm for each acre drained, or equivalent control measures, shall be provided until final stabilization of the site. Where no such calculation has been performed, a temporary (or permanent) sediment basin providing three thousand six hundred (3,600) cubic feet of storage per acre drained, or equivalent control measures, shall be provided until final stabilization of the site. All sites that are draining to either sediment impaired or high quality waters identified by TDEC, on the most current 303(d) list, shall be designated at a minimum to control storm runoff generated by a 5-year, 24-hour storm event. For sites over five (5) acres that are draining to either sediment impaired or high quality waters refer to the latest edition of the Tennessee Construction General Permit (TNCGP) § 4.4 Discharge into Impaired or High Quality Waters for design controls. The plan shall also conform to the requirements found in the BMP manual, and shall include at least the following:

   1. Project description - briefly describe the intended project and proposed land disturbing activity including number of units and structures to be constructed and infrastructure required.
   2. A topographic map with contour intervals of five feet (5') or less showing present conditions and proposed contours resulting from land disturbing activity.
   3. All existing drainage ways, including intermittent and wet-weather. Include any designated floodways or flood plains and high quality and/or impaired streams.
   4. A general description of existing land cover. Individual trees and shrubs do not need to be identified.
   5. Stands of existing trees, as they are to be preserved upon project completion, specifying their general location on the property. Differentiation shall be made between existing trees to be preserved, trees to be removed and proposed planted trees. Tree protection measures must be identified, and the diameter of the area involved must also be identified on the plan and shown to scale. Information shall be supplied concerning the proposed destruction of exceptional and mature trees, having a caliper of at least twelve inches (12"), in setbacks and buffer strips, where they exist. Complete landscape plans may be submitted separately. The plan must include the sequence of implementation for tree protection measures.
   6. Approximate limits of proposed clearing, grading and filling.
   7. Approximate flow volumes of existing stormwater leaving any portion of the site.
   8. A general description of existing soil types and characteristics and any anticipated soil erosion and sedimentation problems resulting from existing characteristics.
   9. Location, size and layout of proposed stormwater and sedimentation control improvements.
   10. A general location map and a site map indicating the location of any high quality and/or impaired streams, drainage patterns and approximate slopes anticipated after major activities, areas of soil disturbance, and outline of areas which are not to be disturbed, the size and location of major structural and nonstructural controls identified in the plan, the location of areas where stabilization practices are expected to occur, the location of receiving water(s), locations of discharges directly into or immediately up stream of high quality or impaired waters, wetlands, sinkholes and locations where stormwater is discharged to a surface water. All outfalls where runoff will leave the property should be identified. Stream(s) receiving the discharge, and storm sewer system(s) conveying the discharge from all site outfalls should be clearly identified and marked on the map. NOIs for linear projects must specify the location of each end of the construction area and all areas to be disturbed. Commercial and/or industrial builders that develop separate SWPPPs that cover only their portion of the project shall also submit a site or plat map that clearly indicates the lot(s) which they are applying for permit coverage and the location of streams, conveyances, storm sewer connections and outfalls leaving the permitted portion of the property.
   11. Proposed drainage network.
   12. Proposed drain tile or waterway sizes.
   13. Approximate flow volumes leaving site and their location after construction and incorporating water run-off mitigation measures. The evaluation must include projected effects on property adjoining the site and on existing drainage facilities and systems, including but not limited to, high quality and/or impaired waters, wetlands, sinkholes, and locations where stormwater is discharged to surface water. The location, size and layout of proposed stormwater and sedimentation control improvements are required. The plan must address the adequacy of outfalls from the development: when water is concentrated, what is the capacity of waterways, if any, accepting stormwater off-site; and what measures, including infiltration, sheeting into buffers, etc., are going to be used to prevent the scouring of waterways and drainage areas off-site, etc.
   14. The projected sequence of work represented by the grading, drainage and sedimentation and erosion control plans as related to other major items of construction, beginning with the initiation of excavation and including the construction of any sediment basins or retention facilities or any other structural BMPs.
   15. Specific remediation measures to prevent erosion and sedimentation run-off. Plans shall include detailed drawings of all control measures used; stabilization measures including vegetation and non-vegetation measures, both temporary and permanent, will be detailed. Detailed construction notes and a maintenance schedule shall be included for all control measures in the plan.
   16. Specific details for: the construction of rock pads, wash down pads, and settling basins for controlling erosion; road access points; eliminating or keeping soil, sediment, and debris on streets and public ways at a level acceptable to the City of Gatlinburg Public Works Department. Soil, sediment, and debris brought onto streets and public ways must be removed by the end of the workday by machine, broom or shovel to the satisfaction of the City of Gatlinburg Public Works Department. Failure to remove the sediment, soil or debris shall be deemed a violation of this ordinance.
   17. Proposed structure location (to the extent possible) and identification of any proposed additional buildings, structures or development on the site.
   18. A description of on-site measures to be taken to recharge surface water into the ground water system through infiltration.
   19. When land disturbance activities are proposed along a 303(d) listed stream impaired for siltation or a known high quality waterway, the erosion and sediment control plan shall be designed at a minimum to control the discharge of the 5-year 24-hour storm event along with other additional minimum standards outlined in the current TNCGP for Discharges of Storm Water Associated with Construction Storm Activities ( 4.4.1 ).
   20. The SWPPP must include documentation supporting a determination of permit eligibility with regard to waters that have an approved TMDL for pollutant of concern, including:
       1. Identification of whether the discharge is identified, either specifically or generally, in an approved TMDL and any associated wasteload allocations, site specific requirements, and assumptions identified for the construction stormwater discharge;
       2. Summaries of consultation with the city and TDEC on consistency of SWPPP conditions with the approved TMDL, and;
       3. Measures taken to ensure that the discharge of TMDL identified pollutants from the site is consistent with the assumptions and requirements of the approved TMDL, including any specific wasteload allocation that has been established that would apply to the construction stormwater discharge.
   21. Plans modification(s)
       1. A SWPPP must be modified and updated if any of the following are met:
          1. Whenever there is a change in the scope of the project, which would be expected to have a significant effect on the discharge of pollutants to the waters of the state and which has not otherwise been addressed in the SWPPP;
          2. When inspections or investigations by site inspectors, local, state or federal officials indicate the SWPPP is proving ineffective in eliminating or significantly minimizing pollutants from being discharged, or is otherwise not achieving the general objectives of controlling pollutants in stormwater discharges associated with construction activity.
          3. To identify any new permittee (e.g., owner, contractor, subcontractor) as needed to reflect operational or design control that will implement a measure of the SWPPP;
          4. To include measures necessary to prevent a negative impact to legally protected state or federally listed fauna or flora;
          5. A TMDL is developed for the receiving water(s) for a pollutant of concern (siltation and/or habitat alteration).
       2. (skipped)
       3. (skipped)
       4. In the event the authority finds that a permittee is complying with the SWPPP, but contributing to the impairment of a receiving stream, then the discharger will be notified by the authority in writing that the discharge is no longer eligible for coverage under the general permit. The permittee may update the SWPPP and implement the necessary changes designed to eliminate further impairment to the stream. If the permittee does not implement the SWPPP changes within a reasonable amount of time, the operator must file an individual permit with TDEC. To obtain the individual permit, the operator must file an individual permit application (EPA 1 and 2F). The project must be stabilized immediately until the SWPPP is updated and the individual permit is issued. Only discharges from earth disturbing activities necessary for stabilization are authorized to continue until the individual permit is issued.
       5. Other items requiring control:
          1. No solid materials, including building materials, shall be placed in waters of the state, except as authorized by a section 404 permit and/or ARAP permit.
          2. For installation of any waste disposal systems on site, or sanitary sewer or septic system, the SWPPP shall identify these systems and provide for the necessary erosion prevention and sediment controls. Permittees must also comply with applicable state and/or local waste disposal, sanitary sewer or septic system regulations for such systems to the extent these are located within the permitted area.
          3. The SWPPP shall include a description of construction and waste materials expected to be stored on site. The SWPPP shall also include a description of controls used to reduce pollutants from materials stored on site, including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response.
          4. A description of stormwater sources from areas other than construction and description of controls and measures that will be implemented at those sites.
          5. A description of measures necessary to prevent a "taking" or legally protected state or federal listed threatened or endangered aquatic fauna and/or critical habitat (if applicable). The permittee must describe and implement such measures to maintain eligibility for coverage under the permit. (as added by Ord. #2331, June 2005, and replaced by Ord. #2387, June 2008, and Ord. #2467, Sept. 2013)

³