(1) Purpose and scope. The purpose of these regulations is to protect, maintain and enhance the environment of the City of Cookeville and the public health, safety and general welfare of the citizens of the city, by minimizing the discharge of sediment and construction related waste into the municipal separate storm sewer system and waters of the state; and to maintain and improve the quality of the receiving waters into which stormwater runoff flows, including streams, rivers, lakes, ponds and wetlands; and to comply with the State of Tennessee National Pollutant Discharge Elimination System (NPDES) general permit for discharges from small municipal separate storm sewer systems.
(2) Compliance with other municipal codes and regulations. These regulations shall be used in compliance with and in conjunction with all other pertinent municipal codes, regulations and policies including the following:
(a) Cookeville Municipal Code Title 14, Chapter 6, Control of Natural Drainage Systems; Chapter 7, Stormwater Management; Chapter 8 Riparian Buffer Zones.
(b) Cookeville Zoning Code.
(c) Cookeville Subdivision Regulations.
(d) Cookeville Building Codes.
(e) Cookeville Municipal Code Title 14, Chapter 5, § 14-510.
(3) 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.
(a) “Best Management Practices (BMP's)” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to the municipal separate storm sewer system and waters of the state. This term also includes treatment requirements, operating procedures, and practices to control plant site runoff, spillage, or leaks, sludge or waste disposal, or drainage from raw material storage.
(b) “City” means the City of Cookeville, Tennessee.
(c) “Clearing” (when used in the context of discharges associated with construction activity) means the removal of vegetation and disturbance of soil prior to grading or excavation in anticipation of construction activities. Clearing may also refer to wide area land disturbance in anticipation of non-construction activities such as clearing of forested land for conversion to pasture. This term does not include the clearing of vegetation along roadways, highways, dams or power lines for sight distance or other maintenance or safety concerns, or cold planning, milling, or removal of concrete or bituminous asphalt roadway pavement surfaces.
(d) “Commencement of Construction or Commencement of Land Disturbing Activities” means the initial disturbance of soils associated with clearing, grading or excavating activities or other construction activities.
(e) “Construction” means any installation, building, placement or assembly of facilities or equipment (including contractual obligations to purchase such facilities or equipment) at the premises where such equipment will be used, including preparation work at such premises.
(f) “Construction Related Waste” means refuse or unused materials that result from construction activities. “Construction related waste” can include, but not be limited to, unused building and landscaping materials, chemicals, litter, sanitary waste, and concrete truck washout.
(g) “Construction Support Activities” means activities which involve the use or operation of concrete or asphalt batch plants, equipment staging yards, material storage areas, excavated material disposal areas or borrow areas provided all the following criteria are satisfied:
(1) the support activity is primarily related to a construction site that is subject to QLP permit coverage or to a grading permit;
(2) the operator of the support activity is the same as the operator of the construction site;
(3) the support activity is not a commercial operation serving multiple unrelated construction projects by different operators;
(4) the support activity does not operate beyond the completion of the construction activity of the last construction project it supports; and
(5) the support activities, with appropriate erosion prevention and controls therefor, are identified and described in the stormwater pollution prevention plan.
(h) “Development” means any manmade change to improved or unimproved property including, but not limited to, the construction of buildings or other structures, clearing, dredging, drilling operations, filling, grading, paving, excavation, or storage of equipment or materials.
(i) “Erosion” means the removal of soil particles by the action of water, wind, ice or other agents, whether naturally occurring or acting in conjunction with or promoted by manmade activities or effects.
(j) “Exceptional Tennessee Waters” means surface waters of the State of Tennessee that satisfy the characteristics of exception Tennessee waters as listed in Rule 0400-40-03-.06 of the official compilation - rules and regulations of the State of Tennessee.
(k) “Filling” means any deposition or stockpiling of dirt, rock, stumps, or other natural or manmade solid waste material.
(l) “Grading” means any excavation, filling (including fill placed in watercourses), or stockpiling of earth materials or any combination thereof, including the land in its excavated or filled condition.
(m) “Grading Permit” means a permit issued by the city authorizing the commencement of land disturbing activities on a site smaller than one acre in size.
(n) “Land Disturbing Activity” means any activity on a property that results in a change in the existing soil cover, whether vegetative or non-vegetative, or the existing soil topography. “Land disturbing activities” include, but are not limited to, development, re-development, demolition, construction, reconstruction, clearing, grading, filling and excavation.
(o) “Municipal Separate Storm Sewer System (MS4)” means a conveyance or system of conveyances, including roads with drainage systems, streets, roads, catch basins, curbs, gutters, ditches, manmade channels, or storm drains, which are:
(1) Owned or operated by a state, county, city, town, district, association, or other public body created by or pursuant to state law having jurisdiction over the disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity or a designated and approved management agency under section 208 of the federal Clean Water Act that discharges to waters of the state;
(2) Designed or used for collecting or conveying stormwater;
(3) Which is not a combined sewer; and
(4) Which is not part of a publicly owned treatment works (POTW) as defined by 40 C.F.R. § 122.2, as amended from time to time.
(p) “Owner” or “Operator” means any person or entity associated with a construction project that meets either of the following two criteria:
(1) The person or entity has operational or design control over construction plans and specifications, including the ability to make modifications to those plans and specifications, typically the owner or developer of the project or a portion of the project who is considered the primary permittee; or
(2) The person or entity has day-to-day operational control of those activities at a project which are necessary to ensure compliance with a stormwater pollution prevention plan for the site or other permit conditions, typically a contractor or a commercial builder who is hired by the primary permittee who is considered a secondary permittee.
(q) “Plan” means a stormwater pollution prevention plan, or a small lot erosion and sediment control plan.
(r) “Priority Construction Activity” means construction activities that discharge directly into or immediately upstream from waters the state recognizes as having unavailable parameters (for siltation) as exceptional Tennessee waters. A property is considered to have a direct discharge if stormwater runoff from the property does not cross any other property before entering the waters of the state.
(s) “Public Works Director” means the Public Works Director of the city or his designee, who is responsible for the implementation of this chapter.
(t) “QLP Permit Coverage” means permit coverage under the State of Tennessee Construction General Permit issued by the city authorizing the commencement of land disturbing activities on a site larger than one acre in size. This permit coverage formerly would have been issued by the Tennessee Department of Environment and Conservation.
(u) “Section 404 permit” means a permit issued by the United States Army Corps of Engineers under Section 404 of the federal Clean Water Act.
(v) “Sediment” means solid material, either mineral or organic, that is in suspension, being transported, or has been moved from its site of origin by erosion.
(w) “Small Lot Erosion and Sediment Control Plan” means the plan necessary for obtaining a grading permit issued by the City authorizing commencement of land disturbing activities on a site smaller than one acre. This plan is designed to eliminate or reduce erosion and off-site sedimentation from a site during construction activities.
(x) “State” means the State of Tennessee or, where the context indicates, any state of the United States.
(y) “Stormwater Pollution Prevention Plan (SWPPP)” means a written plan that includes appropriate site maps, identification of construction activities that could cause pollutants in the stormwater and a description of measures or practices to control these pollutants.
(z) “Subdivision” means the division, subdivision, or re-subdivision of any lot or parcel of land as defined in the subdivision regulations of the city.
(aa) “Tennessee Erosion and Sediment Control Handbook” or “Handbook” means the handbook bearing such title, as amended from time to time, published by the Tennessee Department of Environment and Conservation.
(bb) “Tennessee Construction General Permit” means the General NPDES Permit for Discharges of Stormwater Associated with Construction Activities, Permit No. TNR 100000" issued by the Tennessee Department of Environment and Conservation, as amended from time to time.
(cc) “TDEC” means the Department of Environment and Conservation of the State of Tennessee.
(dd) “Transporting” means any moving of earth materials from one place to another, other than such movement incidental to grading, as authorized by an approved plan.
(ee) “Waters” or “Waters of the State” means any and all water, public or private, on or beneath the surface of the ground, which are contained within, flow through or border upon Tennessee or any portion thereof except those bodies of water confined to and retained within the limits of private property in single ownership which do not combine or effect a junction with natural surface or underground waters.
(4) Compatibility. If any provision of these regulations or any other provision of law impose overlapping or contradictory requirements, or contain any restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards or requirements shall govern. These regulations do not relieve the applicant from provisions of any other applicable codes, ordinances or regulations not explicitly repealed by these regulations.
(5) Severability. If any section, subsection, sentence, clause, phrase, or portion of these regulations is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of these regulations.
(6) Permitting. The review and permitting of plans and specifications for clearing and/or earthwork is not intended as approval of the overall layout, structural design, grading procedures, situation control, engineer's reports or construction procedures. These responsibilities shall remain with and be those of the owner or his consultants.
(7) Disclaimer or liability. The issuance of either QLP permit coverage or a Grading Permit by the City of Cookeville signifies only that the applicant has met all the application requirements specified by these regulations, including the submittal of plans for permit purposes shall not mean that those plans have been checked in detail for technical competency. The developer and his design consultant shall remain totally responsible for the adequacy of the plans to protect neighboring properties, and the developer and his contractor shall be responsible for constructing the project in accordance with the plans.
These regulations are considered reasonable for regulatory purposes and shall not create a liability on the part of, or a cause of action against, the City of Cookeville or any officer or employee thereof for any damages that result from reliance on these regulations, or any administrative decision lawfully made thereunder. (Ord. #001-08-09, Sept. 2001 as amended by Ord. #004-06-11, July 2004, and Ord. #O13-01-01, January 2013, and Ord. #O18-10-27, December, 2018, and Ord. #O24-06-18, July 2024)