Chattanooga goes back to tougher stormwater rules

photo Stormwater bubbles out of a sewer grate off East 28th Street.
photo Doug Stein
photo Andy Berke

A Chattanooga regulatory board reversed its previous decision when city officials pressured the board to pass more stringent requirements to stop raw sewage from flowing into the Tennessee River when it rains.

Monday's flipflop essentially means the city will go back to stormwater regulations that were proposed in August with a few compromises after Mayor Andy Berke's office met with concerned developers.

Developers have argued that the city's ambitious plan that goes beyond the minimum state requirements for collecting rainwater runoff would hurt development in the Scenic City and there are unknown costs if builders can't meet the requirements.

"This definitely makes housing more costly in the city of Chattanooga," said John Straussberger, chairman of the East Tennessee Associated General Contractors. "It loses the balance between protecting our environment and economic development."

Stormwater Regulations Board Chairman Doug Stein said early analysis of the costs show it should be affordable for businesses, but some developers could feel the effect. However, board members said they believe they needed to enact these regulations to keep the state satisfied.

Last week, Robert Martineau, the commissioner of the Department of Environment and Conservation, sent Berke's office a letter saying state regulators supported the more stringent requirements that were voted down in August. The letter came after Berke's staff had already proposed re-evaluating the board's decision.

The basic rule for stormwater regulation is that builders of new developments and significant redevelopments have to make sure the first inch of rain stays on the property instead of running off to adjacent properties -- and ultimately carrying pollutants from urban land and streets into the Tennessee River.

The more stringent rules require developers within the low-lying South Chickamauga basis to collect 1.6 inches of rainwater because of flooding problems.

If developers can't meet this requirement, one of their options is to pay a fee which the city estimates will cost about $45 per-cubic-foot. However, Ken Defoor, a local developer and stormwater board member, objected to the estimated cost, arguing the city underestimated the expense to developers.

For example, Defoor proposed that his eight-acre development could cost him $1 million in fees. But the city argued it could cost about $400,000 in fees.

"Nobody really knows the cost for sure," Defoor told the rest of the board. "It's troubling."

City officials said the board needed to go ahead and make a decision Monday faced with an approaching Dec. 1 deadline for the new regulations to become effective. The state gave Chattanooga three years to update the city code to comply with a new stormwater permit.

The City Council will have the final say-so before the law goes into affect.

Contact staff writer Joy Lukachick Smith atjlukachick@timesfreepress .com or 423-757-6659.

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