NCS000515_Council Resolution_20201106

TOWN MANAGER
Ken Deal
TOWN CLERK
Pamela M311s
TOWN ATTORNEY
Tom Brooke
MAYOR
Charles Seaford
TOWN COUNCIL
Don Bringle
Arthur Heggins
Brandon Linn
Rodney Phillips
Steve Stroud
RESOLUTION AFFIRMING THE TOWN OF CHINA GROVE COUNCIL'S
SUPPORT REGARDING INPLEMENTATION 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 China Grove National Pollutant Discharge Elimination system (NPDES)
Municipal Separate Storm Sewer System (MS4) Permit number NCS000515 to discharge stormwater,
inclusive of the required Stormwater Management Plan to be prepared by the Town of China Grove 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 Town of China Grove
its third NPDES MS4 Permit for discharge of stormwater on February 1, 2018; and
WHEREAS, the Town of China Grove was issued Notice of Violation number NOV-2020-PC-0443 on
October 14, 2020 for noncompliance with the issued NPDES MS4 Permit; and
WHEREAS, the Town of China Grove acknowledges the specific Notice of Violation requirement to
obtain a new individual NPDES MS4 Permit; and
WHEREAS, the Town of China Grove 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 February 4, 2021 for review and approval;
and
WHEREAS, the Town of China Grove acknowledges the specific Notice of Violation requirement to
adopt a Council Resolution to implement a complaint and enforceable stormwater program as defined by
both the NPDES MS4 Permit number NCS000515 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 December 14, 2020; and
333 N Main Street, China Grove, NC 28023 1 Phone [phone] Fax [phone]
"In accordance with Federal law and U.S. Department of Agriculture polic3t this lnstitutitm is prohibited from discriminating on the txrsis r j
race, color, national origin. age. disability, religion, sex, familial status, sexual orientation, and reprisal. (Not all prohibited bases apphy to alt
programs), "

WHEREAS, the Town of China Grove 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 China Grove 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-0443; and
WHEREAS, the Town of China Grove 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 Town of China Grove hereby affirms
its support for development and implementation of a compliant NPDES MS4 Stormwater Program.
Adopted on this V, day of November, 2020.
Charles Seaford, Wyor of China Grove
Ken Deal, TowiFiTianager
Franklin Gover, Stormwater Program Administrator
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ATTEST:{
Pamela Mills, CMC Town Clerk
333 N Main Street, China Grove. NC 28023 Phone [phone] Fax (704) 855 E855
"In accordance uvith Federal law and U. S. Department r fAgnetdfure policy, this institution is prohibited from discrintinarotg oil the busis of
race. color. national origin, age. disability. religion, sex, familial status. sexual orientation. and reprisal. (Not all prohibited bases appiv to all
programis). "