Stormwater Enforcement

The City of Hendersonville holds a Phase II Small Municipal Separate Storm Sewer System (MS4) Permit.  The MS4 Permit requires the City to develop and implement an enforcement response plan (ERP).  The ERP identifies potential responses to violations and addresses repeat violations through progressive enforcement as needed to achieve compliance.  

Enforcement actions include, but are not limited to:

  • Verbal Warning
  • Written Notice of Violation
  • Citations or Administrative Orders
  • Stop Work Orders
  • Withholding of Plan Approvals or Other Authorizations
  • Civil Penalties
  • Additional Measures

City Stormwater Staff identify noncompliance through routine permit inspections or complaint investigations.  When staff identify violations of Municipal Code, formal notification is provided to the property owner.  If the location is a permitted site, notice is provided through the Citizen Self Service (CSS) portal and via email.  If the location is an existing developed location or unpermitted new development or redevelopment, notification will be provided via certified mail.

The property owner must respond to the Notice of Violation with a Corrective Action Plan (CAP), when requested.  The CAP must be submitted to the City Engineer for review.  The CAP must provide the information identified in the CAP Guidance.

Failure to bring a property into compliance with Municipal Code may result in Civil Penalties assessment.  Under the authority provided in Tennessee Code Annotated Section 68-221-1106, the municipality declares that any person violating the provisions of Hendersonville Municipal Code Title 18 may be assessed a civil penalty by the City Engineer, or their designee, of not less than fifty dollars (50) and not more than five thousand dollars (5,000) per day or the maximum allowed by law for each day of violation. Each day of violation shall constitute a separate violation. 

Civil penalties will be assessed using the Enforcement Response Plan Penalty Calculator Tool.

Pursuant to Hendersonville Municipal Code (H.M.C.) 18-210.4, in addition to civil penalties, the City may recover:

  • All damages proximately caused by the violator to the City, which may include any reasonable expenses incurred in investigating violations of, and enforcing compliance with H.M.C. Title 18, or any other actual damages caused by the violation.
  • The costs of the City's maintenance of stormwater facilities when the user of such facilities fails to maintain them as required by H.M.C. Title 18.

Pursuant to Hendersonville Municipal Code 18-212 and Tennessee Code Annotated Section 68-221-1106(d), any person aggrieved by the imposition of a civil penalty or damage assessment as provided by H.M.C. Title 18 may appeal said penalty or damage assessment to the Appeals Board.

  • Appeals to be in writing.  The appeal shall be in writing and filed with the Public Works secretary within fifteen (15) days after the civil penalty and/or damage assessment is served in any manner authorized by law.
  • Public hearing. Upon receipt of an appeal, the Appeals Board shall hold a public hearing within thirty (30) days.  Ten (10) days prior notice of the time, date, and location of said hearing shall be on the City's web page.  Ten (10) days notice by registered mail shall also be provided to the aggrieved party, such notice to be sent to the address provided by the aggrieved party at the time of appeal.  The decision of the Appeals Board shall be final.
  • Appealing decisions of the Appeals Board. Any alleged violator may appeal a decision of the Appeals Board pursuant to the provisions of Tennessee Code Annotated, Title 27, Chapter 9, and the federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).