Knoxville Sueing Knox County Over Stormwater

Knoxville Sueing Knox County Over Stormwater



October 2007

 The City of Knoxville has 
declared its intention to sue Knox County over differences in their 
stormwater ordinances. 
The conflict has been brewing for years, but came to a head in late 
September when country commissioners gave final approval to a new 
stormwater ordinance. 
The county agreed in 2001 under the Urban Growth Agreement to make its 
stormwater standards just as strict as the city's. Now, the city says the 
new county ordinance falls short on 23 provisions that city officials had 
warned ahead of the vote would fall short of the agreement's terms. 
Knoxville Mayor Bill Haslam sent a letter to county officials last week 
advising them that the city intends to sue the county over the stormwater 
regulations. 
Knox County officials say they understand the city's concerns and they can 
work out the disagreements through negotiation without going to court. 
Knox County Mayor Mike Ragsdale wants to form a joint committee to resolve 
the city's objections. 
Still, the city is moving forward with its lawsuit. City Law Director 
Morris Kizer on Tuesday gave the required 10 day notice that the city 
would file the suit. 
Engineers for the city have said that continued growth and development in 
the county has caused increased flooding problems in city neighborhoods 
downstream. 
They also are concerned that pollutants generated in the county and 
flowing into the city might threaten Knoxville's compliance with U.S. 
Environmental Protection Agency Clean Water Act regulations. 
One important difference between the city and the county is the type of 
pipes used to handle precipitation. 
The city requires developers to use reinforced concrete pipes under its 
streets. But the county allows for three types of pipe, including plastic 
or corrugated steel. 
City officials also want Knox County to require better control of the 
water and mud that runs off construction sites. 
"It's important to keep that sediment on site and not let it run off into 
the streets and storm drains and end up in the creeks and then end up in 
the Tennessee River," city engineer Stephen King told WATE TV. 
In a letter to both mayors dated October 5, Knox County Stormwater 
Management Coordinator Chris Granju said the county's ordinance has been 
through a public process that began in 2002 with community input and has 
been crafted with the participation of city engineers. 
"The County's ordinance is based on 'Low Impact Development' LID, or 
'Green Infrastructure' for smart site planning and the best protection 
from impacts of flooding on water quality." 
Granju said the city and county "in good faith" went through a long and 
costly process of comparing the ordinances and "none of the 23 issues were 
mentioned." 
Last week, Granju said, the county hosted several staff members from the 
EPA Region 4 who he said were "impressed with Knox County's approach, 
vision, and leadership in taking 'a watershed approach.'" 
He asked for continued cooperation with the city. 
Mayor Haslam said the issue is larger than what kind of pipe should be 
used. "What we're really asking for is a whole different mindset as it 
relates to water," he said. "We would like for them to show the same 
commitment to water quality and quantity as we have." 

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