NCS000440_Woodfin Council Resolution_20191015

Adopted:
Resolution #:
Town of Woodfin
90 Elk Mountain Road
Woodfin, NC 28804
PH:(828) 2534887
FX:(828) 2534700
October 151 2019
101519.01
RESOLUTION AFFIRMING THE BOARD OF ALDERMEN OF THE TOWN OF
WOODFIN'S SUPPORT REGARDING IMPLEMENTATION OF A COMPLIANT
MS4 STORMWATER PROGRAM
A RESOLUTION to develop and implement a compliant stormwater
management program that meets the requirements of the MS4NAME
National Pollutant Discharge Elimination System (NPDES) Municipal
Separate Storm Sewer System (MS4) Permit number NCS000440 to
discharge stormwater, inclusive of the required stormwater Management
Plan to be prepared by the MS4NAME and approved by the North Carolina
Department of Environmental Quality.
WHEREAS, Section 402(p) of the federal Clean Water Act requires NPDES
permits for stormwater discharges from municipal separate storm sewer
systems; and
WHEREAS, in North Carolina, NPDES Permits are issued bythe North
Carolina Department of Environmental Quality; and
WHEREAS, the North Carolina Department of Environmental Quality
issued the Town of Woodfin its third NPDES MS4 Permit for discharge of
stormwater on February 20,2017; and
WHEREAS, the Town of Woodfin was issued Notice of Violation number
NOV-209-PC-0638 on September 17,2019 for noncompliance with the issued
NPDES MS4 Permit; and
WHEREAS, the Town of Woodfin acknowledges the specific Notice of
Violation requirement to obtain a new individual NPDES MS4 Permit; and
WHEREAS, the Town of Woodfin acknowledges the specific Notice of
Violation requirement to conduct aself- audit of permit compliance for the
balance of permit requirements not specifically audited by the North Carolina
Department of Environmental Quality, and to develop a draft Stormwater
Management Plan to comply with Section402(p)(3)(B)(iii) of the Clean Water
Act, 40 CFR 122.34(b) and NPDES MS4 Permit requirements, and to submit
its draftStormwater Management Plan to the North Carolina Department of

Environmental Quality no later than 120 days from September I f 2019 for
review and approval; and
WHEREAS, the Town of Woodfin acknowledges the specific Notice of
Violation requirement to adopt a Council Resolution to implement a compliant
and enforceable stormwater management program as defined by both the
NPDES MS4 Permit number NCS000440 and the required new Stormwater
Management Plan, and said resolution is to be submitted to the North
Carolina Department of Environmental Quality no later than 60 days from
September 172019; and
,
WHEREAS, the Town of Woodfin acknowledges the requirement to provide adequate
funding and staffing to implement a Stormwater Management Program that complies
with its NPDES MS4 Permit and approved Stormwater Management Plan; and
WHEREAS, the Town of Woodfin acknowledges that North Carolina
Department of Environmental Quality enforcement action and penalties could
result from non-compliance with the specific requirements in Notice of
Violation number NOV-2019-PC-0638; and
WHEREAS, the Town of Woodfin acknowledgesthatanyNomh Carolina
Department of Environmental Quality enforcement action and penalties may
not prohibit the U.S. Environmental Protection Agency from taking its own
enforcement action for non-compliance with the issued NPDES MS4 Permit.
NOW,THEREFORE, BE ITRESOLVED thatthe Board of Aldermen of the
Town of Woodfin hereby affirms its support for development and
implementation of a compliant NPDES MS4 Stormwater Program.
M. JerrV`Ve,tiaun,
Michael Saunders, StormwaterProgram
Y
nistrator
Jody Jones, Town Clerk
ADOPTED BYthe Town of Woodfin, NorthCarolinathe 15`h day of October 2019 and
signed in authentication thereof the'day of 2019