§ 26-153. Authority of the director.

(a)

The county department of engineering and public works has the authority to promulgate rules, regulations, and guidance consistent with this article in order to carry-out the meaning and intent of this article in a stormwater management manual. The stormwater management manual, as amended, shall be implemented consistent with other provisions of this article through the approval and enforcement of the stormwater management plan. Stormwater quality or quantity control methods, designs or technologies not provided in the stormwater management manual, as amended, may be submitted for approval if it is proven that such methods, designs or technologies will meet or exceed the water quality and quantity control requirements set forth in the stormwater management manual, as amended, and this article. The county department of engineering and public works will revise and append the stormwater management manual to satisfy state or federal regulatory water quality or quantity requirements, or as research and development in the area of stormwater management provides improved knowledge of new or existing stormwater quality or quantity control methods, designs or technologies. This article emphasizes that the county stormwater manual is the basis for design for all projects affecting stormwater in the county. A role of the director is to enforce said design. Thus the county stormwater manual shall be enforceable consistent with other provisions of this article.

(b)

The director shall have the authority to prepare, or have prepared, master plans for drainage basins and to establish regulations or direct capital improvements to carry out said master plans.

(c)

In the event that the director determines that a violation of any provision of this article has occurred, or that work does not have a required plan or permit, or that work does not comply with an approved plan or permit, the director may issue a notice of violation to the permittee or property owner and/or any other person or entity having responsibility for construction work performed at a site development, at which time the penalty provisions of this article shall be implemented.

(d)

The director shall have authority to establish reasonable fees for permits issued and services provided by the county department of engineering and public works under the county stormwater management ordinance. The fee for construction general permits shall be at least 80 percent of the amount charged by the Tennessee Department of Environment and Conservation for construction general permits on May 15, 2013. The director may increase the fee for a construction general permit from time to time. Any increase in the construction general permit fee charged by the director shall be effective 30 days after notice of the increase is served on the county commission.

(Ord. No. O-07-12-101, § 2(§ 3), 1-28-08; Ord. No. O-13-3-102, § 1, 4-29-13)