Legal Documents of Gatlinburg

1. Scope. This section shall apply to all water generated on developed or undeveloped land entering the municipality's separate storm sewer system.
2. Prohibition of illicit discharges. No person shall introduce or cause to be introduced into the municipal separate storm sewer system any discharge that is not composed entirely of stormwater. The commencement, direction or continuance of any non-stormwater discharge to the municipal separate storm sewer system is prohibited:
   
   1. Prohibitions. No person shall be allowed to, or continue to do, any of the following:
      1. Connect, or allow to be connected, any sanitary sewer to the stormwater system including any sanitary sewer connected to the stormwater system as of the date of adoption of this section.
      2. Cause or allow an illicit discharge to the stormwater system, or any component thereof or onto driveways, sidewalks, parking lots, sinkholes, creek banks, or other areas draining to the stormwater system. Illicit discharges including, but are not limited to:
         
         1. Sewage discharges or overflows, including Sanitary Sewer Overflows (SSOs);
         2. Discharges of wash water resulting from the hosing or cleaning of gas stations, auto repair garages, or other types of automotive services facilities;
         3. Discharges resulting from the cleaning, repair or maintenance of any type of equipment, machinery, or facility including motor vehicles, cement related equipment, and port-a-potty servicing; etc.;
         4. Discharges of wash water from mobile operations such as mobile automobile washing, steam cleaning, power washing, and carpet cleaning;
         5. Discharges of wash water from the cleaning or hosing of impervious surfaces in industrial and commercial areas including parking lots, streets, sidewalks, driveways, patios, plazas, work yards, and outdoor eating or drinking areas, etc.,
         6. Discharges of runoff from material storage areas containing chemicals, fuels, grease, oil or other hazardous materials;
         7. Discharges of pool or fountain water containing chlorine, biocides, or other chemicals; discharges of pool or fountain filter backwash water;
         8. Discharges of sediment, or construction-related wastes, etc.;
         9. Discharges of food-related wastes ( e.g. grease, fish processing, and restaurant kitchen mat and trash bid wash water, etc.

   2. The commencement, direction or continuance of any non-stormwater discharge to the municipal separate storm sewer system is prohibited except as described as follows:

      Uncontaminated discharges from the following sources:

      1. Water line flushing or other potable water sources;
      2. Landscape irrigation or lawn watering with potable water;
      3. Diverted stream flows;
      4. Rising ground water;
      5. Groundwater infiltration to storm drains;
      6. Pumped groundwater;
      7. Foundation or footing drains;
      8. Crawl space pumps;
      9. Air conditioning condensation;
      10. Springs;
      11. Non-commercial washing of vehicles;
      12. Natural riparian habitat or wet-land flows;
      13. Swimming pools (if dechlorinated);
      14. Fire fighting activities;
      15. Discharges from potable water sources;
      16. Individual noncommercial car washing on residential properties; or car washing of less than two (2) consecutive days in duration for a charity, nonprofit fund raising, or similar noncommercial purpose;
      17. Incidental street wash water from street cleaning equipment designed for cleaning paved surfaces and limiting waste discharges;
      18. Street deicing for public safety;
      19. Any activity authorized by a valid NPDES permit; and
      20. Any other uncontaminated water source.
   3. Discharges specified in writing by the City of Gatlinburg Public Works Department as being necessary to protect public health and safety.
   4. Dye testing is an allowable discharge if the City of Gatlinburg Public Works Department has so specified in writing.
   5. Right of testing. The city may require the owner or operator of any facility engaging in any activity where this permit is required to undertake such reasonable monitoring of any discharges to the City's Separate Storm Sewer System (CS4) and to furnish periodic detailed reports of such discharges.
   6. Third party testing. All third party testing and analysis should be in accordance to TDEC Environmental Assistance Center (EAC) protocols.
3. Prohibition of illicit connections.
   
   1. The construction, use, maintenance or continued existence of illicit connections to the separate municipal storm sewer system is prohibited.
   2. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
4. Reduction of stormwater pollutants by the use of best management practices. Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, may be required to implement, at the person's expense, the BMPs necessary to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section.

5. Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting in, or may result in, illicit discharges or pollutants discharging into stormwater, the municipal separate storm sewer system, the person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release.

   In the event of such a release of hazardous materials the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, the person shall notify the City of Gatlinburg Public Works Department in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the City of Gatlinburg Public Works Department within three (3) business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall submit to the City of Gatlinburg Public Works Department within fourteen (14) days of knowledge of a release a written description of the release, the circumstances leading to the release and the date of the discharge. The owner or operator shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years.

6. Hot spot discharges. The discharge of hazardous substances or oil into the municipal storm sewer system from hot spots including, but not limited to: garages, repair shops, junk yards, detailing shops, car wash waste water, restaurants (where grease traps are maintained), commercial properties with large paved parking areas, factories, retail facilities, manufacturing plants (such as concrete plants, asphalt plants, etc.), storage lots, maintenance areas, sanitary waste water, effluent from septic tanks, carpet cleaning waste water, laundry waste water/gray water and household toxics etc., shall be prohibited. This section also requires these and other businesses and facilities already in operation within the boundaries of the City of Gatlinburg must maintain proper storage and disposal practices of hazardous substances and oil.
   
   1. Site map requirements. Each application must be accompanied by a site map. Before preparing a site map, the facility operator/ manager should do the following:
      1. Conduct a materials inventory;
      2. Evaluate any past spills or illicit discharges (if applicable);
      3. Identify any non-stormwater discharges and all outfalls or discharge points from the property;
      4. Evaluate stormwater runoff;
      5. Summarize your findings.
   2. Each map should then be prepared considering and indicating any and all of the following specifications:
      1. Building design and layout including storm drain locations;
      2. Stormwater connections;
      3. Name of receiving waters including whether it is high quality/ impaired waters;
      4. Flow diversion structures (curb cuts, catch basins, etc.);
      5. Vegetative swales;
      6. Fueling areas;
      7. Vehicle/equipment maintenance and wash areas;
      8. Loading/unloading areas;
      9. Above ground tanks for liquid storage;
      10. Under ground detention inlets and outlets;
      11. Waste management areas/waste disposal areas, landfills;
      12. Outside manufacturing areas;
      13. Outside storage of raw materials, by-products, finished products;
      14. Other areas of concern;
      15. Storage areas of hazardous materials/ chemicals;
      16. Location of emergency cleanup/ response kits;
      17. Any other site specific pertinent details as required by the city. (as added by Ord. #2331, June 2005, and replaced by Ord. #2387, June 2008, and Ord. #2467, Sept. 2013)

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