The City of Bristol regulations are compliant with the National Pollutant Discharge Elimination System (NPDES) through municipal regulation Bristol Code of Ordinances Chapter 74 Article VII. The city’s Municipal Separate Storm Sewer System (MS4) requires Bristol to administer and enforce compliance with stormwater discharge permits in an effort to decrease stormwater pollutants and increase overall water quality. Bristol is a Qualifying Local Program (QLP) participant, which means that there is a streamlined process in place when a permittee has submitted “a program specific Notice of Intent (NOI) to a participating QLP, and has obtained a Notice of Coverage (NOC), the operator of the construction activity is authorized to discharge under the CGP without the submittal of an NOI, Stormwater Pollution Prevention Plan (SWPPP), or related permit fee to the division.”
Sec. 74-412. - Exemptions from plan submittal.
Unless the city manager has determined that treatment of stormwater runoff for water quality is needed to comply with other applicable water quality regulations, the following shall not require submittal and approval of a water quality management plan:
(a) Developments or redevelopments that disturb less than one acre of land unless such is part of a larger common plan that would disturb at least one acre and the stormwater runoff therefrom is not treated for water quality in a manner that meets the requirements of this article;
(b) Gardens (at residential premises only), landscaping, repairs or maintenance work;
(c) Installation of utility service connections, unless such is in conjunction with the clearing, grading, excavating, transporting, or filling of a lot or lots for which a water quality management plan would otherwise be required;
(d) Installation, maintenance or repair of septic tank lines or drainage fields, unless such is carried in conjunction with the clearing, grading, excavating, transporting, or filling of a lot or lots for which a water quality management plan would otherwise be required;
(e) Farming and agricultural activities; and
(f) Emergency work to protect life, limb or property, and emergency repairs.
Sec. 74-413. - Requirements of plan.
(a) The water quality management plan shall be prepared in accordance with the Water Quality BMP Manual. The city manager may authorize the use of other methods when he determines such will meet or exceed the standards provided in the Water Quality BMP Manual.
(b) A listing of any legally protected state or federally listed threatened or endangered species or critical habitat located in the area of land disturbing activities, and a description of the measures that will be used to protect them during and after grading and construction, shall be included in the water quality management plan.
(c) The city manager may require the water quality management plan to include any additional items and information which he deems necessary.
(d) The water quality management plan shall be prepared and stamped by an engineer or landscape architect licensed to practice in the State of Tennessee. Those portions of the plan that require hydraulic or hydrologic calculations and design shall be prepared and stamped by a professional engineer or landscape architect competent in civil and site design and licensed to practice in the State of Tennessee.
Sec. 74-414. - Adherence to plan.
(a) Required facilities shall be designed, constructed and maintained in accordance with the approved water quality management plan.
(b) All grading and construction activity shall be conducted in accordance with the approved water quality management plan.
(c) All required facilities shall be located within a permanent water quality easement that is identified on a recorded instrument.
(d) There shall be no deviation from the approved water quality management plan in the absence of an amendment to the plan approved by the city manager.
(e) If there are material changes in the conditions of the development site after the water quality management plan is approved, the city manager may require that the plan be amended to address those conditions.
Sec. 74-431. - Maintenance and integrity.
(a) The required facilities shall be maintained in accordance with the approved water quality management plan and the Water Quality BMP Manual.
(b) All maintenance shall be documented by the owner, and such documentation shall be maintained for at least three years, and shall be available for inspection by the city manager upon request.
(c) There shall be no alteration, improvement or disturbance to a required facility without the approval of the city manager except as may be necessary to maintain its intended performance.
Sec. 74-432. - Inspections by the city.
(a) The city manager shall have the right to enter onto private property for the purposes of conducting periodic inspections to verify compliance with the approved plan, to determine whether such a plan is necessary or to perform corrective actions.
(b) The city manager shall have the right to enter onto private property for the purposes of investigating a suspected violation of this article.
(c) Failure on the part of an owner or occupier to allow such inspection by the city manager shall be cause for the issuance of a stop work order, withholding of a certificate of occupancy or the assessment of civil penalties and damages.
Sec. 74-434. - Violations.
(a) The violation of any provision of this article shall be subject to penalty as provided in section 1-8 of this Code.
(b) In addition, any such violation shall be cause for the requiring for corrective action, issuance of a stop work order, withholding of a permit, withholding of a certificate of occupancy and the assessment of civil penalties and damages.
(c) Should the city manager determine that a violation of this ordinance has occurred, or that construction activity does not have a required plan or permit, or that work does not comply with an approved plan or permit, the city manager may issue a notice of violation to the owner, or to any other person or entity having responsibility for such work.
Sec. 74-435. - Civil penalties, damages and expenses; appeals.
(a) Any person who violates any provision of this article may be assessed an administrative civil penalty by the city manager of not less than $50.00 and not more than $5,000.00 for each day of violations in accordance with T.C.A. § 68-221-1106. Each day of violation shall constitute a separate violation.
NPDES Stormwater Permitting Program
Tennessee Permanent Stormwater Management and Design Guidance Manual