Frequently Asked Questions

A letter from the City typically indicates that a City Stormwater inspector has visited your property and found issues with the condition of your stormwater system. These letters generally fall into one of three categories:

1. Notice of Intent (NOI):
   • The City is informing the property owner that maintenance is needed on the Stormwater Control Measure (SCM) or Best Management Practice (BMP).
   • The letter serves as a request to complete necessary maintenance before the next inspection. It is often more of a reminder or warning, giving the property owner time to make corrections.
2. Notice of Non-Compliance (NON):
   • If the required maintenance isn’t completed by the next inspection, the City will issue a Notice of Non-Compliance.
   • This letter is more serious and demands that the property owner carry out the necessary maintenance activities. If ignored, it can escalate to more severe enforcement actions.
3. Notice of Violation (NOV):
   • If the property owner still fails to address the maintenance issues after receiving a NON, the City will issue a Notice of Violation.
   • A NOV carries significant penalties, including fines, and can result in liens placed on the property if corrective actions are not taken.

The severity of the letter depends on the property owner’s response to previous notices. It’s important to address maintenance concerns promptly to avoid escalation to a NOV, which can lead to fines and additional legal consequences. Examples of these enforcement actions, including guidance from Metro Stormwater (Nashville, Davidson County), can be found below.

Violations and Penalties – Section 15.64.220

A. Civil Penalties:

• Any violation of this chapter can result in a civil penalty up to $500.
• However, violations of Section 15.64.205 may carry a penalty of no less than $50 and no more than $5,000.
• Each day a violation continues is considered a separate violation, meaning each day could result in an additional penalty.

B. Factors for Assessing Civil Penalties: When determining the civil penalty, the following factors will be considered:

• Harm: The impact on public health or the environment.
• Deterrence: Whether the penalty serves as a sufficient economic deterrent against the violation.
• Economic Benefit: Any financial gain the violator may have received from the violation.
• Effort to Remedy: The efforts made by the violator to correct the violation.
• Enforcement Costs: Any unusual or extraordinary costs the municipality incurred while enforcing the violation.
• Pre-established Penalties: Penalties set by ordinance or resolution for specific types of violations.
• Equities of the Situation: Any factors that could justify reducing the penalty or damages based on the circumstances.

C. Damages: The department may assess damages caused by the violation, which can include any reasonable expenses associated with investigating and enforcing the violation, as well as any actual damages incurred by the municipality due to the violation.

D. Additional Remedies: In addition to civil penalties, the metropolitan government can seek injunctive relief for any violation of this chapter, meaning they can request a court order requiring the violator to take specific actions to remedy the violation.

It might seem like a simple question, but the answer is more complex than most people realize.

When I was in 5th grade, my class went on a field trip to see the Cumberland River aboard the well-known riverboat, General Jackson. Interestingly, I don’t remember much about what the river itself looked like. What stands out is that all my friends stayed inside the cabin because no one could stand the odor coming from the river.

So, what happens when it rains? Water accumulates on parking lots, rooftops, roads, industrial facilities, farms, residential subdivisions, and everywhere else. Once the natural ground cover reaches its capacity, the water begins to run off into our creeks, rivers, lakes, and eventually the ocean, carrying everything it encounters along the way.

For example, stormwater running off the metal roof of your local grocery store can carry zinc, which disrupts the reproduction cycle of amphibians. Runoff from parking lots can carry oil and grease, killing natural vegetation in streams and wetlands. Perhaps worst of all, runoff from residential subdivisions can carry excess fertilizer from lawns. This fertilizer, rich in phosphorus and nitrogen, can cause algae blooms in local water bodies. When the algae die, the decomposition process uses up dissolved oxygen, killing most aquatic life. These are just a few examples, but the impact of stormwater runoff on the environment is significant.

Governments address this issue in various ways, often through the development process. When a property is developed or redeveloped, a civil engineer like myself must assess environmental regulations and design the appropriate stormwater infrastructure. This typically involves adding bioretention ponds, extended detention ponds, sand filters, detention/retention ponds, proprietary products, or other best management practices.

After construction, the property owner receives a Long-term Maintenance Plan for these practices, which they are responsible for indefinitely. Unfortunately, many property owners are unaware of or do not understand these structures and how to maintain them, leading to neglect and malfunction. Eventually, the City will inspect the systems, and if they have been neglected for too long, they may need to be rebuilt, which can be very costly.

EverGreen offers a more efficient approach by monitoring your systems and identifying the optimal time for maintenance. We provide professional reports, signed and sealed by a professional engineer, about every 6 months to the City on behalf of our customers. These reports fulfill the annual “self-reporting” requirement for municipalities. When maintenance is needed, you can trust that our recommendations will bring your systems back into compliance at the lowest possible cost.

Recently, I visited Downtown Nashville, 30 years after that field trip. I saw people paddle boarding on the Cumberland River, which is no longer the same river from my childhood. The river’s ecology has transformed from an eyesore into one of Nashville’s most valuable amenities. It fills me with pride to know that I have played a small part in that transformation. It shows what we, as Americans, can achieve when we work together.

So, what happens when it rains? A lot. But if I do my job correctly, you and your business won’t have to think about it because it will be taken care of for as long as you own the property.

Give us a call (CTA) ; we’ve done this before.

A Stormwater Control Measure (SCM) is a practice or structure designed to manage stormwater runoff and reduce pollution. These measures are essential for developers who need to secure a permit, often called a grading permit, before starting a construction project. Each municipality has its own specific requirements for these permits, but all adhere to local stormwater ordinances that regulate how stormwater is managed to prevent pollution.

SCMs can be used to address different aspects of stormwater management, such as:

• Enhancing infiltration: Allowing water to soak into the ground to recharge groundwater.
• Managing effluent quality: Treating water to remove pollutants before it is released.
• Controlling stormwater volume: Reducing the amount of runoff during heavy storms to prevent flooding.

EverGreen specializes in the inspection and maintenance of all types of SCMs, ensuring your stormwater management system is functioning properly and in compliance with local regulations.

A Long-Term Maintenance Agreement (LTMA) is a legally binding contract required for developers to obtain a grading permit for construction projects. This agreement is typically made between the property owner and the municipality and serves as a deed restriction, meaning it remains in effect even if the property is sold.

Failure to comply with the requirements of an LTMA can lead to significant consequences, including fines and liens on the property.

Under an LTMA, property owners with stormwater control measures (SCMs) must:

• Submit annual inspection reports to the local municipality.
• Maintain SCMs based on the findings from these inspections.

At EverGreen, we specialize in conducting professional SCM inspections. Our inspection reports are thorough, signed and sealed by a licensed engineer. Additionally, any maintenance we perform is documented and submitted to the City with a certified report, also signed by a licensed engineer.

With the potential for fines and liens, you can trust EverGreen’s expertise to ensure your property stays compliant and well-maintained, providing you with peace of mind!