Stormwater bubbles out of a sewer grate off East 28th Street.
Stronger stormwater regulations in Chattanooga are on their way toward passage, and City Council and stormwater board members alike say a late effort by state legislators to withdraw state approval of the new rules likely will not shift local opinions.
The council passed a first reading of the rules Tuesday and will vote on a final reading in two weeks.
The new rules call for stormwater guidelines that exceed the state's minimum requirements, and builders have said they will raise the cost of development in the Scenic City, driving new projects outside of the city limits.
Initially, the majority of the city's Stormwater Regulations Board, an appointed advisory committee, shared that sentiment.
But the board unanimously approved the new rules in October, after Tennessee Department of Environment and Conservation Commissioner Robert Martineau sent a letter to Chattanooga Mayor Andy Berke saying passage of the minimum rules could jeopardize the city's MS4 stormwater permit.
The MS4 permit also requires the city to protect endangered species, reduce pollutants flowing to the Tennessee River and meet benchmarks for protecting impaired waterways - such as the South Chickamauga watershed.
"TDEC supports the stormwater runoff reduction requirements originally proposed to Chattanooga's Stormwater Regulations Board and request that the City Council consider adoption of those requirements," Martineau wrote in October.
But in a letter to Berke on Monday, Martineau backed away from his previous support of the city's proposed rules, saying he wanted to clarify "confusion over the department's role."
State Sen. Todd Gardenhire said Tuesday he and other legislators met with Tennessee Department of Environment and Conservation Robert Martineau after they heard concerns from constituents about a letter Martineau had sent Chattanooga Mayor Andy Berke in October.
"TDEC does not need to be an advocate for either position in this argument," Gardenhire said. "As long as the city adopts regulations that adopt the minimum requirements the State of Tennessee is happy."
Gardenhire said Tuesday he wasn't for or against the new stormwater rules, he just didn't want anyone to accuse the state of taking sides.
Councilman Chris Anderson, who voted for the new rules, said after the vote Tuesday that he questioned the meaning of Martineau's second letter.
"Reading it, I felt like it was written by someone who got his hand slapped for doing the right thing," Anderson said.
But City Council Chairman Chip Henderson, who voted against the new regulations, said he didn't think the first TDEC letter had much influence anyway. He said the board and the Berke administration were able to find common ground.
That's what stormwater board Vice Chairman Jeffrey Sikes said, too.
Sikes initially voted against the new regulations on the advisory board but later changed his vote.
"My position changed because the mayor did reach out to the general contractors and home builders and made some compromises. And because of the deadline to get the regulations in place," Sikes said.
The city must pass some kind of regulations by Dec. 1 in order to renew its five-year MS4 permit with the state.
Contact staff writer Louie Brogdon at lbrogdon@timesfreepress.com, @glbrogdoniv on Twitter or at 423-757-6481.