Hendersonville is a Phase II MS4 community permitted by the Tennessee Department of Environment and Conservation (TDEC) and operates its stormwater program under Title 18 of the Hendersonville Municipal Code (H.M.C.). The Board of Mayor and Aldermen passed a revised Stormwater Ordinance on September 10, 2024 that updated Title 18 to current TDEC NPDES MS4 standards. The City also operates a Stormwater Utility funded by user fees authorized by Ordinance 2017-42 (adopted February 13, 2018) under T.C.A. 68-221-1101 et seq. Because Hendersonville sits on Old Hickory Lake (Cumberland River) and on numerous lake-tributary creeks, illicit discharges reach the federally managed reservoir within hours. Contact: Public Works (615) 822-1016; construction@hvilletn.org.
Hendersonville's stormwater program is built on three layers: federal (the EPA NPDES Phase II MS4 framework under 40 CFR 122.34), state (TDEC's NPDES MS4 General Permit administered under the Tennessee Water Quality Control Act, T.C.A. 69-3-101 et seq., and TDEC Rule 0400-40-10), and local (Title 18 of the Hendersonville Municipal Code, as revised by Ordinance adopted September 10, 2024). The MS4 program addresses the six federally required Minimum Control Measures: public education and outreach, public involvement, illicit discharge detection and elimination (IDDE), construction site runoff control, post-construction stormwater management for new and redeveloped sites, and pollution prevention and good housekeeping for municipal operations. The City's stormwater authority under H.M.C. Title 18 includes broad access rights: 'The City of Hendersonville shall be provided ready access to all parts of the premises for the purposes of inspection, monitoring, sampling, inventory, records examination and copying, and the performance of any other duties necessary to determine compliance with this chapter.' The Stormwater Utility was created by Ordinance 2017-42 (adopted by the Board of Mayor and Aldermen on February 13, 2018) under the authority of T.C.A. 68-221-1101 et seq. (the Tennessee Stormwater Management Act). The utility fee funds the MS4 program, the IDDE program, regional detention pond maintenance, and capital repair of undersized, failed, or damaged drainage in the public right-of-way. Hendersonville drains primarily to Old Hickory Lake via Drakes Creek, Station Camp Creek, and numerous smaller tributaries — Old Hickory Lake is a U.S. Army Corps of Engineers (USACE) reservoir on the Cumberland River (NOT a TVA reservoir), so unpermitted discharges to the lake or its tributaries can trigger federal Clean Water Act enforcement in addition to TDEC and city action. Report illicit discharges, oil sheens, sediment, soap, paint, or sewage in the storm drain system to Public Works at (615) 822-1016.
Violations of Title 18 are enforced by the Stormwater Inspector and Public Works through a progressive enforcement framework that includes Verbal Warnings, Written Notices of Violation, citations, Stop Work orders, and civil penalties up to $5,000 per day per violation under the City's Enforcement Response Plan. The City uses an 'Enforcement Response Plan Penalty Calculator Tool' to assess fines. Penalties may be appealed in writing to the Appeals Board within 15 days of service; the Appeals Board holds a public hearing within 30 days. In addition to civil penalties, the City may recover all damages proximately caused by the violator, including reasonable investigation and enforcement costs. Illicit discharges may also be referred to TDEC Division of Water Resources for additional state enforcement under the Tennessee Water Quality Control Act, T.C.A. 69-3-115, which authorizes state civil penalties up to $10,000 per day per violation and criminal sanctions for willful discharges. Because Old Hickory Lake is a federal USACE reservoir, the most serious illicit discharges can also trigger federal Clean Water Act enforcement under 33 U.S.C. 1319.
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