Stormwater Second Reading

Submitted by rikki on Sat, 2007/09/15 - 12:12am.

Knox County Commission should reject the amended stormwater ordinance on second reading and instead adopt the version endorsed by their engineering department. Here is why:

  • The concrete pipe requirement is a minor issue blown out of proportion. This requirement applies only when the pipe will become public property, which means the impact is limited. Pretending it will bankrupt developers or send home prices skyrocketing is plainly dishonest. Likewise, the moaning over giving Sherman Dixie a monopoly is dishonest. Shipping pipe from London, Ky., the nearest competitor, can not be much more expensive than shipping from Chattanooga, and there is nothing stopping a competitor from setting up shop closer if the market will support them.
    The amendment allowing weaker materials is a power play by developers, and rejecting the amendment would be both a goodwill gesture to the city and a signal to voters that commission is not wholly subservient to developer interests.
    Properly installed, plastic or metal pipes are embedded inside a support matrix. Pouring such a matrix around a pipe is difficult and failure-prone, but it is considerably cheaper if you don't much care about doing it right.
  • Enforcement is a major issue that was overlooked. Even with added staff, county engineers are too overworked to inspect every site, so self regulation by conscientious builders and developers remains the best safeguard against poor practices and water quality violations. County engineers rarely impose fines, and a $50 minimum is tacit approval from commission for slovenly and well connected developers to disregard clean-water regulations. A $1000 fine makes self regulation more likely and could help fund the engineering staff.
  • This ordinance is not being passed to satisfy the city. Knox County must pass an ordinance that complies with federal law to attain their NPDES Phase II permit. Technically they should have had the new ordinance in place in July, though you could argue they have until next year to comply. If the adopted ordinance does not satisfy the Clean Water Act, the county becomes liable to lawsuits not just from the city, but from citizens. The language in the new ordinance about endangered species is required to be there by federal law in force since 1972. This is the language Lumpy Lambert was reacting to when he chided "radical environmentalists." Obviously he is a poor source for thoughtful and compliant amendments.

    The city should harbor no illusions that this activity six years after the Urban Growth Boundary Agreement obligated the county to adopt new stormwater regulations "as strict as" those of the city is being done for its benefit. It is being done for the federal government. City attorneys and officials need to be aware of this additional obligation so they do not perceive goodwill where it has been so sparse for so long.

  • The county ordinance was created through a long process that involved input and discussions among diverse interests. Developers were well represented throughout that process. By attempting to amend the ordinance at the last minute through Commissioner Lambert, they betrayed that process and made themselves untrustworthy. Consequently, enforcement should be a much greater concern since the builders and developers have already shown they are willing to subvert the community.
  • Beaver Creek Watershed Association is an innovative and successful coalition of citizens, businesses and government united around water quality issues. They have received a number of six-figure grants as well as state and federal accolades, and they are used as a template for similar efforts and organizations elsewhere. The Beaver Creek watershed significantly overlaps with the district of Commissioners Lambert and Cawood. Commissioner Lambert's speech at the last commission meeting significantly distanced him from this group and likely insulted many of his constituents. His re-election should be in jeopardy, and Commissioner Cawood should be ashamed to have silently joined him in turning away from a group that has brought pride to their community.
  • Commissioner Hammond asked several pertinent questions during the meeting. Bruce Wuethrich tried to respond diplomatically and may have kept Hammond from voting for the engineering department recommendations by being too wishy-washy. Hammond should follow his instincts and vote with his engineers rather than the deferential face Wuethrich put on at the meeting. Hammond has clearly done his homework, and he should discuss this issue with Commissioner Norman and consider taking a leadership role in opposing Lambert.

Commissioners Jordan, Strickland, Harmon, Harmon, Leuthold, Leuthold, Norman, Huddleston and Ballard made the right vote and should be thanked by their constituents and encouraged to persuade one of the wayward commissioners to join them. Ballard and Huddleston deserve extra acknowledgment because their district will be facing more than its share of water quality problems in coming years as the sewer line for the industrial park halfway in the back door gets built. The commission disregarded their opposition to that project despite the long-standing tradition of deferring to the representatives of the impacted district, and it is good to see the two Eighth District commissioners sticking to their principles and their constituents.

Commissioner Norman deserves additional thanks for his plain and impassioned speech in support of clean water and community health.



Indeed.

Good luck.

Consequences of going against the flow

Commissioners Jordan, Strickland, Harmon, Harmon, Leuthold, Leuthold, Norman, Huddleston and Ballard made the right vote and should be thanked by their constituents and encouraged to persuade one of the wayward commissioners to join them. Ballard and Huddleston deserve extra acknowledgment because their district will be facing more than its share of water quality problems in coming years

I was very surprised and thankful for those votes. The sad thing is, when you vote against developers/realtors, you automatically give up those PAC $$$ you'll need when it is time to fund your campaign. If a group activisit/community members could organize, fund, and support those willing to step up to the plate and go against the posse things could change. I realize this would be no small feat but the timing certainly seems right.....

WhitesCreek's picture
I agree with everything

I agree with everything except for where the fine money goes. Fines should not be used for funding the office that issues the fines.

I suggest it go to a parks and greenways fund or something similar.

ok, fine

I think fines go into the general fund. I'm just imagining that increases in the engineering budget would be more palatable if the department were generating funds.

as strict as the city

I forgot to comment on the differences between the city and county ordinances. The city has cited 24 deficiencies with the county ordinance. Not knowing the details, I can't say how many of those differences are significant, but at least one appears to be a misunderstanding. The ordinances have different structures and are not easy to compare.

The minimum lot size requiring a stormwater permit has been mentioned as a discrepancy. The city's minimum is 10,000 sq ft, the county's an acre (~45k sq ft). However, the county requires an erosion control plan for soil disturbances of any size, exempting routine gardening, landscaping and the like. Plans for smaller lots need not be professionally certified, unlike those above the minimum, and the intent is to keep costs down for ordinary homeowners and small projects. The city has no such requirement for small disturbances, so it could be argued that the county is actually more strict than the city in this instance.

Oh da Clone's picture
rikki, you fail to recognize

rikki, you fail to recognize some of the strong points in the ordinance that we haven't read much about. For instance, compare the buffer to that of the city (or even the TDEC buffer for construction). For clarity, you should probably talk to the county staff about fines. The amendment was to put a $1000 minimum in the ordinance for land development projects. Even with this amendment struck from the ordinance, fines are required to be reasonable (as interpreted by TDEC/EPA) and to be set by a standardized procedure. So, starting fines for land development projects at any number less than $500 or $1000 is incredibly unlikely on the county's part. This whole issue has been perverted from the good science that it should be based on. The growth plan agreement was based on misinterpretation of EPA regulations and now we have people saying that there will be legal action from EPA if pipe regulations are not equal between the city and county. Wow! You made some good points all around, but regardless of whatever betrayals or disregards we are seeing, the ordinance is still something worth supporting. Perfectionism doesn't get us very far.

On a related note, did you see the report the city's consultant made a few months ago where he said that flooding in fountain city and first creek is NOT caused by land development in the county? That one was a mind-blower but it didn't get much air time.

who are Hammond's engineers?

Bottom line - good points, but you're missing the bigger picture

who, me?

Hi Clone, thanks for the thoughtful reply. I'm not sure where you got the impression that I don't support the ordinance. I endorsed the ordinance with the amendments approved by the county engineering department ("Hammond's engineers") in the first paragraph. It is only the amendments Commissioner Lambert pushed through that I oppose.

There are many improvements in the new ordinance, buffers among them. I did not mention them in this post, but here is a quote from the article I wrote for Metro Pulse in April:

The draft ordinance also expands water quality buffers, requiring forested and grassy buffers on either side of all community waters, wetlands, lakes and ponds. Development is restricted within 50 feet of a stream, and the inner 25 feet must be vegetated, like the last stretch of Second Creek. Forest buffers capture sediment and calm floodwaters.

The ordinance enables developers to use low-impact techniques and reduce or eliminate the need for detention ponds, whereas before they had to do such things only out of the goodness in their hearts. That's another improvement.

I'm sure there are misunderstandings out there, but I have no desire to perpetuate nor possess them!

did you see the report the

did you see the report the city's consultant made a few months ago where he said that flooding in fountain city and first creek is NOT caused by land development in the county?

The historical flooding in north Knoxville probably wasn't caused by county development. Continued development in those watersheds outside the City limits, done poorly, can certainly worsen that flooding in the future. Steve Cotham of the Fairmont/Emoriland neighborhood did a good job making this point at the last City Council meeting.

Oh da Clone's picture
eloquent, but....

technically, maybe not accurate? i saw the consultant's report and it was surprising compared to the rhetoric we all have been hearing lately. he did say the county ordinance should be adopted. if you look in Powell and in west knox you see a lot of areas where development in the city is impacting the unincorporated areas negatively. or, look at the food city at adair drive where the city has filled in the last daylighted part of first creek in that area. doesn't matter really where the finger is pointed - we need better planning in the county and the city and these stormwater regulations are just part of it.

I repeat: Continued

I repeat: Continued development in those watersheds outside the City limits, done poorly, can certainly worsen the First Creek flooding in the future.

As can poor development in the City, as you point out.

concrete thoughts

It's clear that corrugated metal pipes are a poor choice for anything other than swales under a driveway. Plastic pipes probably have their place. In fact, plastic may be more resistant to water damage than concrete. There is certainly a reasonable compromise to be found, perhaps bonds that can protect the public from getting stuck with costly repairs but still allow developers flexibility. I'm not sure that compromise was reached, however.

In fact, there were amendments offered by Commissioners Norman, M Harmon and Lambert, but for those of us watching the meeting from the audience or on TV, there was no way to know what the amendments were. At one point, Mark Harmon seemed poised to read his amendments, and Chairman Moore interrupted him. The whole discussion was veiled, humorously so when John Valliant started talking about "his amendments" and commissioners had to clarify. I'm offering my opinions on amendments, but I have not actually seen the text; I just know vaguely what the amendments do.

This is why commissioners are testifying under oath before a jury right now. They do not deliberate, air the different perspectives, then find ways to compromise; they just rush to vote with as little discussion as possible.

Likewise, with the fines, $50 might be appropriate for some offenses and inadequate elsewhere. Commission could discuss the matter and find reasonable options. The absence of discussion breeds distrust.

Escalation

There was a suggestion to fine on an escalating scale to get the attention of chronic violaters. I think that's a reasonable approach but I expect it will be taken out to shield developers from the stress of complying with the law.

Oh da Clone's picture
I think the amendments are

I think the amendments are linked on the county web site. I agree, it's hard to know what to think when you don't have all the the information. These days, distrust doesn't need much to be bred. That's a shame for the environment, sometimes.

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