NCS000484_Salisbury Council Resolution_20200806

2020-21
City of Salisbury
North Carolina
A RESOLUTION to declare support for a compliant stormwater management program that meets the
requirements of the City of Salisbury National Pollutant Discharge Elimination System NPDES) Municipal
Separate Storm Sewer System (MS4) Permit number NCS000484 to discharge stormwater, inclusive of
the required Stormwater Management Plan to be prepared by the City 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 by the North Carolina Department of
Environmental Quality; and
WHEREAS, the North Carolina Department of Environmental Quality issued the City of Salisbury its
second NPDES MS4 Permit for discharge of stormwater on 11/30/2016; and
WHEREAS, the City of Salisbury was issued Notice of Violation number NOV-2020-PC- 0057 on
02/21/2020 for noncompliance with the issued NPDES MS4 Permit; and
WHEREAS, the City of Salisbury acknowledges the specific Notice of Violation requirement to obtain a
new individual NPDES MS4 Permit; and
WHEREAS, the City of Salisbury 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 October 23rd, 2020 for review and approval; and
WHEREAS, the City of Salisbury 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 NCS000484 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 August 24`h, 2020; and
WHEREAS, the City of Salisbury 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
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WHEREAS, the City of Salisbury 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- 2020- PC- 0057; and
WHEREAS, the City of Salisbury 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 Council of the City of Salisbury hereby affirms its support
for development and implementation of a compliant NPDES MS4 Stormwater Program.
Adopted by the City Council of the City of Salisbury, North Carolina the 041^ day of August, 2020.
ATTEST:
SALIS
Kelly Baker, City Clerk
;.
O�pORATF
Ci
Karen K. Alexander, Mayor
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