NCS000393_Dallas Coucil Resolution_20200218

Resolution Affirming the Town of Dallas' Board of Aldermen's Support Regarding Implementation
of a Compliant NPDES MS4 Stormwater Program
A RESOLUTION to develop and implement a compliant stormwater management program that meets the requirements of the Town
of Dallas' National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit number
NCS000393 to discharge stormwater, inclusive of the required Stormwater Management Plan to be prepared by the Town of Dallas
and approved by the North Carolina. Department of Environmental Quality.
WHEREAS, Section 402(p) of the federal Clean Water Act requires NPDES permits for stom water discharges from municipal
separate storm sewer systems; and
WHEREAS, in North Carolina, NPDES Permits are issued by the North Carolina Department of Environmental Quality; and
WHEREAS, the North Carolina Department of Environmental Quality issued the Town of Dallas its third NPDES MS4 Permit for
discharge of stormwater on February 20, 2017; and
WHEREAS, the Town of Dallas was issued Notice of Violation number NOV-2019-PC-0778 on January 10, 2020 for non-
compliance with the issued NPDES MS4 Permit; and
WHEREAS, the Town of Dallas acknowledges the specific Notice of Violation requirement to obtain a new individual NPDES MS4
Permit; and
WHEREAS, the Town of Dallas acknowledges the specific Notice of Violation requirement to conduct a self -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 Section 402(p)(3)(B)(iii) of the Clean Water Act, 40
CFR 122.34(b) and NPDES MS4 Permit requirements, and to submit its draft Stormwater Management Plan to the North Carolina
Department of Environmental Quality no later than May 9, 2020 for review and approval; and
WHEREAS, the Town of Dallas acknowledges the specific Notice of Violation requirement to adopt a Board Resolution to
implement a compliant and enforceable stormwater management program as defined byiboth the NPDES MS4 Permit number
NCS000393and the required new Stormwater Management Plan, and said resolution is to be submitted to the North Carolina
Department of Environmental Quality no later thanMarch 9, 2020; and
WHEREAS, the Town of Dallas 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 Dallas 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-0778; and
WHEREAS, the Town of Dallas acknowledges that any North 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 IT RESOLVED that the Board of Aldermen of the Town of Dallas hereby affirms its support for
development and implementation of a compliant NPDES MS4 Stormwater Program.
Adopted thiis� the I Ph day of February, 2020.
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Rick Coleman, Mayor 4 Maria Stroupe, To anager
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Bill Tmdnak Stormwater Administrator ;i (� T r Da'Sha Leach, Town Clerk
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